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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 -2- • • 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 -3- • • • 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 -4- HRC :yz 9/3/75