HomeMy WebLinkAbout2010-25 - Amending Section 7.04.030, of Title 7 of the Newport Beach Municipal Code, Pertaining to Animals Prohibited on Public BeachesORDINANCE NO. 2010-25
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH AMENDING SECTION 7.04.030, OF TITLE 7
OF THE NEWPORT BEACH MUNICIPAL CODE, PERTAINING
TO ANIMALS PROHIBITED ON PUBLIC BEACHES
The City Council of the City of Newport Beach does hereby ordain that certain Newport Beach
Municipal Code section is amended to read, in full, as follows:
SECTION 1: Section 7.04.030 of Chapter 7.04 is amended to read as follows:
A. No person having the care, custody, charge or control of any animal shall
permit or allow that animal to be on any ocean front beach or ocean front
sidewalk between the hours 10:00am to 4:30pm year- round.
B. No person having the care, custody, charge or control of any animal shall
permit or allow that animal to be on any harbor /bay front beach between
the hours 9:OOam to 5:OOpm year- round.
C. No person having the care, custody, charge or control of any animal shall
permit or allow that animal to be on any ocean front beach, ocean front
sidewalk, harbor /bay front beach or harbor /bay front sidewalk unless that
person has, in his or her possession, an implement or device capable of
removing any feces deposited by the animal.
D. The provisions of this section shall not be applicable to:
Any animal enrolled and participating in obedience classes offered by the
Recreation & Senior Services Department of the City or in any show for which
the City has issued a special event permit;
2. Any service dog, as defined by the American with Disabilities Act ( "ADA "), or any
dog being trained to be a service dog as defined by the ADA pursuant to a
recognized program of training, provided the dog is on a leash and the person in
charge has an official identification card issued for such purposes;
SECTION 2: If any section, subsection, sentence, clause or phrase of this ordinance is, for any
reason, held to be invalid or unconstitutional, such decision shall not affect the validity or
constitutionality of the remaining portions of this ordinance. The City Council hereby declares that
it would have passed this ordinance, and each section, subsection, clause or phrase hereof,
irrespective of the fact that any one or more sections, subsections, sentences, clauses and
phrases be declared unconstitutional.
SECTION 3: The Mayor shall sign and the City Clerk shall attest to the passage of this
ordinance. The City Clerk shall cause the same to be published once in the official newspaper of
the City, and it shall be effective thirty (30) days after its adoption.
This ordinance was introduced at a regular meeting of the City Council of the City of
Newport Beach, held on the 9th day of November, 2010, and adopted on the 23rd day of
November, 2010, by the following vote, to wit:
AYES, COUNCILMEMBERS Selich, Rosansky, Henn, Webb, Gardner, Daigle, Mayor Curry:
NOES, COUNCILMEMBERS
ABSENT COUNCILMEMBERS None
ATTEST:
LEILANI I. BROWN
CITY CLERK
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
KEITH D. CURRY
MAYOR
By LD�
DAVID R. HUNT, CITY ATTORNEY
STATE OF CALIFORNIA }
COUNTY OF ORANGE
CITY OF NEWPORT BEACH }
I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby
certify that the whole number of members of the City Council is seven; that the foregoing ordinance,
being Ordinance No. 2010 -25 was duly and regularly introduced on the 9th day of November, 2010,
and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly
held on the 23rd day of November, 2010, and that the same was so passed and adopted by the
following vote, to wit:
Ayes: Selich, Rosansky, Henn, Webb, Gardner, Daigle, Mayor Curry
Noes: None
Absent: None
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 24th day of November, 2010.
(Seal)
City Clerk
City of Newport Beach, California
CERTIFICATE OF PUBLICATION
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, LEILANI I. BROWN, City Clerk of the City of Newport Beach, California, do hereby certify
that Ordinance No. 2010 -25 has been duly and regularly published according to law and the order of
the City Council of said City and that same was so published in The Daily Pilot, a daily newspaper of
general circulation on the following dates:
2010.
Introduced Ordinance: November 13, 2010
Adopted Ordinance: November 27, 2010Q�py�
In witness whereof, I have hereunto subscribed my name this day of
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City Clerk
City of Newport Beach, California