HomeMy WebLinkAbout94-34 - Amending Section 17.41.090 of the Newport Beach Municipal Code Relating to Revocation of Permit for Commercial ActivitiesNO. 94 -34
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, AMENDING SECTION 17.41.090 OF THE
NEWPORT BEACH MUNICIPAL CODEr RELATING TO
REVOCATION OF PERMIT FOR COMMERCIAL ACTIVITIES
Section 1: The City Council of the City of Newport Beach hereby
• ordains that Section 17.41.090 of the Newport Beach Municipal Code
shall be amended to read in full as follows:
Section 17.41.090 Revocation
Any permit granted pursuant to the provisions of this Chapter
may be revoked, by the Marine Director, in whole or in part, upon
five days' prior written notice to permittee, directing the
permittee to appear at the time, date and place specified in the
notice to show cause why the permit shall not be revoked. The
notice shall specify the reasons for the proposed action. A permit
may be revoked on any of the following grounds:
(a) That the permit holder has made a misrepresentation as to
• any material fact set forth in the application;
(b) For violation of any law, rule or regulation of the
United States, the United States Coast Guard, The State of
California, the City of Newport Beach, the County of Orange or the
Orange County's Sheriff's Harbor relating to the commercial
activities authorized by any permit issued pursuant to this
Chapter;
(c) That the commercial activities of permittee adversely
affect the health, safety or welfare of those who use, enjoy or own
property near the water of Newport Beach;
(d) That the commercial activities of permittee fall within
the criteria for denial of an application, as set forth in
subparagraph (a), (b), (c), (d) or (e) of Section 17.41.050.
(e) The permittee has discharged or has permitted or allowed
any other person on a vessel operating under his permit to
discharge any human or animal excreta from any head, toilet,
holding tank or similar facility into waters of Newport Bay.
1
Section 2: Should any section, subsection, clause, or provision
of this Ordinance for any reason be held to be invalid or
unconstitutional, such invalidity or unconstitutionality shall not
affect the validity or constitutionality of the remaining portions
of this Ordinance; it being hereby expressly declared that this
• Ordinance, and each section, subsection, sentence, clause and
phrase hereof would have been prepared, proposed, approved and
ratified irrespective of the fact that any one or more sections,
subsections, sentences, clauses or phrases be declared invalid or
unconstitutional.
SECTION 3: This ordinance was introduced at a regular meeting
of the City Council of the City of Newport Beach, held on the
day of June, 1994, and adopted on the 11th day of
July , 1994, by the following vote, to wit:
AYES, COUNCILMEMBERS HEDGES, SANSONE,
• WATT, TURNER, HART, COX, DEBAY
NOES, COUNCILMEMBERS NONE
•
e4aze
CITY CLERK /�l
ABSENT
NONE