HomeMy WebLinkAbout1641 - Unattended Vessels & BoatsORDINANCE NO. 164E1
AN ORDINANCE OF THE CITY OF NEWPORT BEACH
• ADDING SECTION 17.08.070 TO THE NEWPORT
BEACH MUNICIPAL CODE RELATING TO PRIMA FACIE
EVIDENCE DEALING WITH UNATTENDED VESSELS
AND BOATS AND SECTION_ 17.08.080 TO THE
NEWPORT BEACH MUNICIPAL CODE ESTABLISHING
PROCEDURES FOR GIVING NOTICE OF VIOLATION
The City Council of the City of Newport Beach DOES
ORDAIN as follows:
SECTION 1. Section 17.08.070 is hereby added to the
Newport Beach Municipal Code to read as follows:
"Section 17.08.070 - Unattended Vessels - Prima
Facie Evidence. In any prosecution against the registered
owner of a vessel or boat charging a violation of any
regulation governing the mooring, abandonment, placing
or allowing vessels or boats upon the shoreline of the
Pacific Ocean or on the shoreline of Newport Harbor, anchor-
ing or tieing up of said vessels or boats under Title 17
of the Newport Beach Municipal Code, proof by the People
of the State of California that the particular vessel or
boat described in the complaint was found in violation of
any provision of Title 17 of the Newport Beach Municipal
Code, together with proof that the defendant named in the
complaint was at the time of the violation the registered
owner of the vessel or boat shall constitute prima facie
evidence that the registered owner of the vessel or boat
was the person who caused or permitted the violation to
occur. But for the purposes of this subdivision, proof that
a person is the registered owner of a vessel or boat is not
prima facie evidence that the registered owner has violated
any other provision of law. Proof of a written lease of, or
• rental agreement for, a particular vessel or boat described
in the complaint, on the date and time of such violation,
which lease or rental agreement includes the name and
address of the person to whom the vessel or boat is
• leased or rented, shall rebut the prima facie evidence
that the registered owner was the person who violated the
ordinance in question.
The provisions of this Section shall apply only when
the procedure required by Section 17.08.080 is complied
with. Any charge under this Section shall be dismissed
when the person charged has made a bonafide sale or
transfer of the vessel or boat and has delivered possession
thereof to the purchaser and has complied with the require-
ments of the California Vehicle Code regarding transfer of
registration of a vessel or boat.
SECTION 2. Section 17.08.080 is hereby added to the
Newport Beach Municipal Code to read as follows:
"Section 17.08.080 - Procedure for Notice. The
method of giving notice for the purposes of the provisions
• of Section 17.08.070 is as follows:
(1) During the time of the violation, a notice thereof
shall be securely attached to the vessel or boat setting
forth the violation including reference to the Section of
this Code so violated, the approximate time thereof and the
location where such violation occurred and fixing a time and
place for appearance by the registered owner to answer such
notice. Such notice shall be attached to the vessel or
boat in a conspicuous place as to be easily observed by the
person in charge thereof upon his return thereto.
(2) Before any warrant of arrest shall issue follow-
ing the filing of a complaint charging such a violation,
a notice of the violation shall be given to the person so
• charged. Such notice shall contain the information required
in.Paragraph (1) above and shall also inform such registered
owner that unless he appears in the court to be designated
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in such notice within ten (10) days after service of
said notice and answer such charges, or completes and
files an affidavit of non - ownership, a warrant or citation
to appear will be issued against him. Such notice shall
contain or be accompanied by an affidavit of non - ownership.
In addition to any other required information, such notice
shall also provide information as to what constitutes non -
ownership, information as to the effect of executing such
affidavit, and instructions for mailing or returning the
affidavit to the court. Upon receipt of evidence satisfactory
to the court that the person charged with a violation under
Title 17 of this Code has made a bonafide sale or transfer
of the vessel or boat and has delivered possession thereof
to the purchaser prior to the date of the alleged violation,
the court shall obtain verification from the Department of
Motor Vehicles that the person charged has complied with the
requirements of the Vehicle Code, and, if the person has
so complied, the charges shall be dismissed.
Such notice shall be given, either by personal delivery
thereof to such owner or by deposit in the United States Mail
of an envelope with postage prepaid which envelope shall
contain such notice and shall be addressed to such owner at
his last known address as shown by the records of the
Department of Motor Vehicles. The giving of notice by
personal delivery is completed upon delivery of a copy of
such notice to such person. The giving of notice by mail is
completed upon the expiration of ten (10) days after the
deposit of such notice.
Proof of giving notice may be made by certificate of
any police officer or affidavit of any person over the age
of eighteen (18) years naming the person whom such notice
was given and specifying the time, place and manner of the
giving thereof.
SECTION 3. This Ordinance shall be published once in
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the official newspaper of the City, and the same shall be
effective thirty (30) days after the date of its adoption.
This Ordinance was introduced at a regular meeting
of the City Council of the City of Newport Beach held on the
8th day of September , 1975 and was adopted on the
14th day of October , 1975, by the following vote,
to wit:
ATTEST:
ity /Clerk
CERTIFIED AS THE CP,IGINAI. -/_'JD
CERTIFIED AS TO PU'ZLICATIO, I
OCT 16 W5
CIBY OF THE CI OF RT BEACN
AYES, COUNCILMEN: McInnis, Dostal, Barrett,
Rogers, Ryckoff, Kuehn, Store
NOES, COUNCILMEN: None
ABSENT COUNCILMEN: None
MAY M PRO TEMpORE
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HRC :yz
9/3/75