HomeMy WebLinkAbout1602 - Marine Department & Marine Directori
ORDINANCE NO. 1602
AN ORDINANCE OF THE CITY OF NEWPORT BEACH
AMENDING PORTIONS OF TITLES 1, 2 AND 17
OF THE NEWPORT BEACH MUNICIPAL CODE TO REFER
TO THE MARINE DEPARTMENT AND MARINE DIRECTOR
IN PLACE OF MARINE SAFETY DEPARTMENT AND
HARBOR AND TIDELANDS ADMINISTRATOR
• The City Council of the City of Newport Beach does
ORDAIN as follows:
SECTION 1. Section 1.12.020 of the Newport Beach
Municipal Code is amended to read:
"1.12.020 Authority of Public Officers or Employees
to Make Arrests
The following designated public officers
and employees shall have the power to arrest persons for
misdemeanor violations committed in their presence as
hereinafter provided:
(1) Humane officers shall have the power to make
arrests for any violation of Title 7 of this Code, entitled
"Animals."
(2) Parking Control Officers and Police Cadets shall
have the power to make arrests for any violation of Title 12
• of this Code, entitled "Vehicles and Traffic," and for any
violation of the following sections of the California Vehicle
Code: Section 4000 entitled "Registration Required ";
Section 4454 entitled "Registration Card Kept With Vehicle ";
Section 5200 entitled "Display of License Plates "; Section
5201 entitled "Positioning of Plates "; Section 5202 entitled
"Period of Display "; Section 5204 entitled "Tabs "; Section
22500 entitled "Prohibition of Stopping, Standing or Parking ";
Section 22502 entitled "Curb Parking "; Section 22505 entitled
"State Highway Parking "; Section 22514 entitled "Fire
Hydrants "; Section 22515 entitled "Unattended Vehicles ";
Section 22516 entitled "Locked Vehicles "; Section 22520
entitled "Stopping On Freeway" and Section 22700 entitled
"Abandonment Prohibited."
• (3) The Marine Director and staff of the Marine Safety
and Tidelands Divisions shall have the power to make arrests
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for any violation of Chapter 5 of Division 3 of the
California Harbors and Navigation Code, Title 11 of this
Code, entitled "Recreational Activities" and Title 17
of this Code entitled "Harbor Regulations," and shall
have the power to make arrests for violations of the
• following sections of this Code: Section 6.04.070 "Improper
Garbage Disposal," Section 6.04.200 "Tampering with
Beach Receptacles Prohibited," and Section 6.04.230 "Human
Deposits."
(4) The Marina Park manager shall have the power
to make arrests for any violation of Chapter 12.40 of the
Newport Beach Municipal Code, entitled "Stopping, Standing
and Parking Regulations," relating to parking of vehicles.
(5) The License Supervisor and all License Inspectors
shall have the power to make arrests for any violation of
Title 5 of this Code, entitled "Business Licenses and
Regulations," Title 6 of this Code entitled "Health and
Sanitation," Title 10 of this Code entitled "Offenses and
Nuisances," and shall have the power to make arrests for
•violations of Section 12.40.060 of this Code entitled
"Parking for Certain Purposes Prohibited."
(6) The General Services Director, the Assistant
General Services Director, the Refuse Foreman, the Assistant
Refuse Foreman, and the Training and Safety Inspector shall
have the power to make arrests for any violations of
Chapter 6.04 of this Code."
SECTION 2. Chapter 2.12 of the Newport Beach Municipal
Code is amended to read:
Sections:
"Chapter 2:12
ADMINISTRATIVE DEPARTMENTS
Departments Designated.
Authority of City Manager.
Community Development Department.
Finance Department.
Fire Department.
General Services Department.
Library Department.
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2.12.010
•
2.12.020
2.12.030
2.12.040
2.12.050
2.12.060
2.12.070
Departments Designated.
Authority of City Manager.
Community Development Department.
Finance Department.
Fire Department.
General Services Department.
Library Department.
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2.12.080 Marine Department
2.12.090 Parks, Beaches and Recreation Departments.
2.12.100 Public Works Department.
2.12.110 Police Department.
2.12.120 Duties of Police, Marine and Fire Departments
in Case of Distress.
2.12.130 General Provisions.
2.12.010 Departments Designated. The administrative
• service of the City is divided into the following departments:
Community Development Department
Finance Department
Fire Department
General Services Department
Library Department
Marine Department
Parks, Beaches and Recreation Department
Public Works Department
Police Department
2.12.020 Authority of City Manager. All department
heads, except the City Attorney and the City Clerk, shall
be subject to the administrative authority and direction
of the City Manager.
2.12.030 Community Development Department. The
Community
Development Department shall be under
the
super-
vision of
the Community Development Director.
The
functions
of the Community Development Department shall include:
• (a) Administration of the provisions of this Code
relating to zoning, and advising and assisting the Planning
Commission in such administration vested in that commission.
(b) Preparation and presentation of reports to the
City Council and Planning Commission on various aspects of
City planning.
(c) Preparation and maintenance of the General Plan.
(d) Advising the public on zoning and planning matters.
(e) Receipt and processing subdivision maps.
(f) Regulation of building construction.
(g) Enforcement of the building, electrical, plumbing,
heating and air conditioning, and swimming pool regulations.
(h) Enforcement of zoning, sign and trailer park and
mobilehome park regulations.
• 2.12.040 Finance Department. The Finance Department
shall be under the supervision of the Finance Director, who
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shall have charge of the financial affairs of the City.
The functions of the Finance Department, in addition
to those duties imposed by the City Charter, shall include:
(a) Enforcement of the City's business license
• regulations.
(b) Purchase of'supplies, equipment and services
used by City departments.
(c) Disposal of obsolete and surplus City property.
(d) Provide centralized duplicating services for all
City departments.
(e) Provide centralized City data processing services.
2.12.050 Fire Department. The Fire Department shall
be under the supervision of the Fire Chief. The functions
of the Fire Department shall include:
(a) The extinguishment of structural, brush and other
types of fires.
(b) The enforcement of laws concerned with fire pre-
vention.
• 2.12.060 General Services Department. The General
Services Department shall be under the supervision of the
General Services Director. The functions of the General
Services Department shall include:
(a) Street and beach cleaning.
(b) Refuse and garbage collection and disposal.
(c) Maintenance and repair of streets, alleys, curbs,
sidewalks, storm drains, bridges, piers, bulkheads and
floats.
(d) Maintenance and repair of City equipment.
(e) Operation of City sign shop and carpenter shop.
(f) Street stripping, barricade, curb, crosswalk,
parking stall, and pavement painting.
(g) Street name, traffic, and regulation sign posting
• maintenance.
(h) Custodial maintenance and minor repair services
for City -owned and occupied buildings and facilities.
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•
•
•
2.12.070 Library Department. The Library Department
shall be under the supervision of the City Librarian. The
functions of the Library Department shall include:
(a) Selection, assembly, and preservation of
printed and audio - visual aids.
(b) Operation and management of the City's
libraries.
(c) Planning, coordination and direction of
community book - oriented activities.
(d) Advising the Library Board of Trustees.
2.12.080 Marine Department. The Marine Department
shall be under the supervision of the Marine Director. The
functions of the Marine Department shall include:
(a) Prevention of, or responding to, accidents of
a marine nature within the City limits or contiguous unin-
corporated territory under County contractual agreements.
(b) Enforcement of the provisions of this Code as
directed pertaining to the general public safety, tidelands
administration and beach parking lots within the marine
environment.
2.12.090 Parks, Beaches and Recreation Department.
The Parks, Beaches and Recreation Department shall be under
the supervision of the Parks, Beaches and Recreation Director.
The functions of the Parks, Beaches and Recreation Department
shall include:
(a) Operation and control of all parks and recreational
facilities over which the City exercises jurisdiction.
(b) Landscaping and maintenance of City parks, park-
way trees, and planted areas on City -owned property, easements
and rights -of -way.
(c) Planning coordination and direction of community
recreational activities.
(d) Master planning for the acquisition and development
of park and recreational facilities.
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•
•
•
2.12.100 Public Works Department. The Public
Works Department shall be under the supervision of the
Public Works Director who shall also be the Superintendent
of Streets. The functions of the Public Works Department
shall include:
(a) Preparation of plans and administration of
contracts for the construction of public works and including
street, storm drain, sewer, water, harbor, street lighting,
and other public facilities.
(b) Subdivision and engineering services.
(c) Maintenance and operation of City sewer system.
(d) Maintenance and operation of parking lots and
parking meter system, including collection of money deposited
in meters.
(e) Maintenance and operation of City street lighting
system and the maintenance of electrical equipment in City
buildings.
(f) Maintenance and operation of City water system.
2.12.110 Police Department. The Police Department
shall be under the supervision of the Police Chief. The
Police Department may have only such sworn, reserve and
civilian personnel as the City Council shall authorize.
The functions of the Police Department shall include:
crime.
(a) Prevention, repression and investigation of
(b) Apprehension of offenders.
(c) Recovery of property.
(d) Traffic law enforcement and parking control.
(e) Animal control.
(f) Custody of lost, stolen, recovered property.
2.12.120 Duties of Police, Marine and Fire Departments
in Case of Distress. In addition to the performance of
their regular and ordinary duties, it shall be the duty of
all policemen, firemen and Marine Department personnel to
a
go to the aid of all persons or animals in distress or
danger and render them
within their power.
2.12.130 General
• "Building Official," t
Department," "Building
such help and assistance as lies
Provisions. All references to the
ze "Director of Building and Safety
Director," "Planning Director,"
and "Director of the Planning Department" contained within
this Municipal Code shall mean the Director of the Community
Development Department or his authorized representative.
All references to the "Building Department" or the
"Building and Safety Department," or to the "Planning
Department" contained within this Municipal Code shall mean
the Community Development Department."
SECTI.ON 3. Chapter 17.04 of the Newport Beach Municipal
Code is amended to read:
Sections:
17.04.010
17.04.020
17.04.030
17.04.035
17.04.040
17.04.050
17.04.055
17.04.060
17.04.070
17.04.080
17.04.090
17.04.100
17.04.120
17.04.130
17.04.140
17.04.150
17.04.160
17.04.170
17.04.180
17.04.190
17.04.200
"Chapter 17.04
DEFINITIONS
Effect of Chapter.
Anchorage Area.
Board.
Building Official.
City.
City Council.
Marine Director.
City Manager.
Director.
District.
Fire Chief.
Harbor Commission.
Joint Harbor Committee.
Mooring.
Motorboat
Newport Harbor,Bay
Pier.
Police Chief.
Turning Basin.
Vessel.
Waters of Newport Harbor
17.04.010 Effect of Chapter. For the purposes of
this Title, the words and phrases herein defined shall,
• unless the context clearly indicates otherwise, have the
meanings herein set forth in this Chapter.
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•
17.04.020 Anchorage Area. The term "Anchorage
Area" shall mean any portion of Newport Harbor which has
been so designated pursuant to law, and approved by the
Federal Government.
17.04.030 Board. The term "Board" shall mean the
Board of Supervisors of the County of Orange as the
governing body of the Orange County Harbor District.
17.04.035 Building Official. The term "Building
Official" shall mean the Building Official of the City of
Newport Beach.
17.04.040 City. The term "City" shall mean City
of Newport Beach.
17.04.050 City Council. The term "City Council"
shall mean the City Council of the City of Newport Beach.
17.04.055 Marine Director. The term "Marine Director"
shall mean the Marine Director of the City of Newport Beach.
17.04.060 City Manager. The term "City Manager"
shall mean the City Manager of the City of Newport Beach.
17.04.070 Director. The term "Director" shall
mean the Director of the Harbors and Beaches of the District.
17.04.080 District. The term "District" shall mean
the Orange County Harbor District.
17.04.090 Fire Chief. The term "Fire Chief" shall
mean the Fire Chief of the City of Newport Beach.
17.04.100 Harbor Commission. The term "Harbor
Commission" shall mean the Harbor Commission of the Orange
County Harbor District.
17.04.120 Joint Harbor Committee. The term "Joint
Harbor Committee" shall mean the committee consisting of
those members of the Harbor Commission and members of the
City Council appointed by the Board and City Council,
• respectively, to consider harbor problems common to the
City and Orange County Harbor District.
am
17.04.130. Mooring. The term "Mooring" shall
mean any appliance used to secure a vessel in Newport
Harbor, other than a pier, which is not carried aboard such
vessel as regular equipment when under way.
• 17.04.140. Motorboat. The term "Motorboat" shall
mean any vessel propelled by machinery, whether or not such
machinery is the principal source of propulsion, but shall
not include a vessel which has a valid marine document
issued by the Bureau of Customs of the United States Govern-
ment or any federal agency successor thereto.
17.04.150. Newport Harbor, Bay. The terms "Newport
Harbor" and "Newport Bay" shall be deemed coextensive, and
the terms shall be deemed interchangeable.
17.04.160. Pier. The term "Pier" shall mean any
fixed or floating structure for securing vessels, loading
or unloading persons or property, or providing access to the
water, and includes wharf, dock, flat, any other landing
facility, and floating dry docks.
• 17.04.170. Police Chief. The term "Police Chief"
shall mean the Chief of Police of the City of Newport Beach.
17.04.180. Turning Basin. The term "Turning
Basin" shall mean that portion of any channel which has been
so designated pursuant to law and approved by the Federal
Government, for the purpose of permitting vessels to turn
around or permitting their course or direction to be altered
therein.
17.04.190. Vessel. The term "Vessel" shall mean
and include every description of watercraft used or capable
of being used as a means of transportation on water, except
the following:
(a)
A
seaplane on
the water.
(b)
A
watercraft
specifically designed to operate
• on a permanently fixed course, the movement of which is
restricted to or guided on such permanently fixed course by
means of a mechanical device on a fixed track or arm to
which the watercraft is attached or by which the watercraft
is controlled, or by means of a mechanical device attached
to the watercraft itself.
17.04.200. Waters of Newport Harbor. The phrase
• "Waters of Newport Harbor" shall mean all waters of Newport
Harbor in which the tide ebbs and flows, whether or not the
ordinary or mean high tide line of the Pacific Ocean has been
fixed by ordinance, statute, court action or otherwise and
whether or not the lands lying under the tidal water are
privately or publicly owned."
SECTION 4. Chapter 17.08 of the Newport Beach
Municipal Code is amended to read:
"Chapter 17.08
GENERAL PROVISIONS
17.08.010 Administrative Authority. The respon-
sibility for the administration of the provisions of this
Title is delegated to the City Manager, or officers or
employees of a department or departments of the City designated
by him; provided, however, that some or all of the duties
necessary to be performed in the administration may be
performed by the Director or his deputies or assistants
pursuant to a contract providing therefor between the City
and the County
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be the duty of
• (a)
and to enforce
of Orange or the District.
3.020 Duties of the City Manager. It shall
the City Manager:
To carry out the orders of the City Council
all harbor regulations and ordinances.
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Sections:
17.08.010
Administrative Authority.
17.08.020
Duties of the City Manager.
17.08.025
Duties of the Marine Director.
•
17.08.030
Establishment of Channels, Turning
Basins, etc.
17.08.040
Abandoned Vessels and Property.
17.08.050
Landing of Aircraft.
17.08.060
Loading or Unloading Explosives.
17.08.010 Administrative Authority. The respon-
sibility for the administration of the provisions of this
Title is delegated to the City Manager, or officers or
employees of a department or departments of the City designated
by him; provided, however, that some or all of the duties
necessary to be performed in the administration may be
performed by the Director or his deputies or assistants
pursuant to a contract providing therefor between the City
and the County
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be the duty of
• (a)
and to enforce
of Orange or the District.
3.020 Duties of the City Manager. It shall
the City Manager:
To carry out the orders of the City Council
all harbor regulations and ordinances.
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(b) To order any vessel improperly anchored,
moored or berthed in any area outside the jurisdiction of
the District to change its position to such a one as he
• may designate, and in case his orders are not complied
with, or the vessel is unattended, to cause such vessel to be
so moved, and to collect the cost thereof from the vessel,
or owner thereof.
(c) To promptly report to the appropriate Federal
Agency any violation of the laws of the United States for
the protection of navigation and the preservation of
navigable waters, particularly any encroachment on the
waterway by the building of illegal structures, illegal
filling or dumping of material of any sort into the water-
way, or throwing overboard or setting adrift or allowing to
be set adrift anything that is or might become obstructive
or dangerous to navigation.
// 17.08.025 Duties of the Marine Director. It shall
be the duty of the Marine Director:
is(a) To act for and assist the City Manager in
administering the provisions of this Title, coordinating
with appropriate department directors for services falling
within their respective functions as defined in Title 2 of
this Code, and coordinating as required with other governmental
agencies and with interested civic associations.
(b) To administer the Harbor Permit Policies adopted
by the City Council, maintaining files and records of all
pier permits issued, and to recommend to the City Manager
appropriate changes and modifications to Harbor Permit Policies.
(c) To conduct regular inspections of both public
and private facilities and structures-located upon or over the
waters of Newport Harbor or the 'Pacific Ocean or any other
• water where the tide ebbs and flows within the City, and
to recommend action to the City Manager to ensure compliance
with this Title.
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17.08.030 Establishment of Channels, Turning
Basins, etc. All channels, turning basins, anchorage
areas, and pierhead and bulkhead lines in Newport Harbor
shall be as established by the Federal Government or by the
• City Council upon recommendation of the Joint Harbor
Committee. A map thereof shall be kept on file in the
offices of the City Clerk and the Public Works Director for
public inspection.
17.08.040 Abandoned Vessels and Property. All
stray vessels, skiffs, rowboats, dinghies, timber or any
other personal property found in the water or on the shore
of Newport Harbor or the Pacific Ocean, not in the lawful
possession or control of some person, shall be immediately
delivered up to the Police Chief. Any such property shall be
dealt with as provided in the appropriate provisions of
Chapter 1.20 of the Newport Beach Municipal Code, or Section
510, et seq., of the California Harbors and Navigation Code,
as the same now read or may hereafter be amended. Proceeds
• of any sale of such property shall be deposited in the
General Fund of the City or, if provided by contract with the
District, shall be paid to the County Treasurer for the
District.
17.08.050 Landing of Aircraft. No person shall
land or take off from the waters of Newport Harbor with
any aircraft without first obtaining a permit from the
City Council. Such permit may be issued if the City Council
determines that under the circumstances the proposed landing
or take off will not create a hazard to life or property.
In granting such permit, the City Council may impose such
conditions on the exercise thereof as it deems appropriate.
17.08.060 Loading or Unloading Explosives. No
person shall load or unload gunpowder, giant powder, dynamite
• or any other explosive to or from any vessel from or upon any
pier or other vessel in Newport Harbor without first obtaining
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a permit so to do from the Fire Chief, and paying therefor
a fee of Twenty -five Dollars ($25.00), and otherwise
complying with all the rules and regulations governing
the loading and unloading of explosives."
• SECTION 5. Section 17.24.030 of the Newport Beach
Municipal Code is amended to read:
"17.24.030 Transfer of Permit. No person shall
transfer a permit for a pier, float or similar structure
granted under the provisions of this Chapter without prior
written approval of the City. No person who as an abutting
upland owner or lessee of real property was granted a permit
for a pier, float or similar structure shall retain any
right of use in such pier, float or similar structure after
having divested himself of the ownership or leasehold interest
in such real property. Upon such divesting, the ownership
interest in such pier, float or similar structure shall
remain with the person to whom the permit was granted, but
the right of use thereof shall vest in the City until such
• time as a permit for such pier, float or structure is granted
to another person. Except where rights of ownership or use
have heretofore been judicially decreed, no person may
heretofore or hereafter gain any rights of ownership or use
of any such pier, float or similar structure by any purported
transfer made without such prior written approval of the
Marine Director
City. The _ is authorized to approve
transfers of permits, or in his discretion may refer the same
to the City Council for approval."
SECTION 6. Section 17.24.040 of the Newport Beach
Municipal Code is amended to read:
"17.24.040 Application for Permit -- Plans- -Fee. A.
APPLICATION. Application for any permit or the transfer of
isany permit required by this Chapter shall be made to the
Marine Director in writing on forms provided therefor. The
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permit shall constitute an agreement by the permittee to
comply with all conditions imposed in the granting of the
permit.
B. PLANS. The application shall be accompanied by plans
and specifications setting forth in detail the work to be
• done.
C. FEE. Each application shall be accompanied by a fee
in an amount established by the City Council by resolution.
Fees shall not be returnable to the applicant whether or
not the permit is granted."
SECTION 7. Section 17.24.050 of the Newport Beach
Municipal Code is amended to read:
"17.24.050 Processing of Application. The application
and plans and specifications shall be reviewed by the Marine
Director to determine whether the proposed work meets all
the requirements of this Code and any standards and policies
adopted by the City Council for such construction or work.
The Marine Director,without City Council approval, is
authorized to approve and issue permits for new structures
and for revisions to existing structures that conform to
the provisions of this Code, standard harbor drawings
approved by the City Council, and Harbor Permit Policies
adopted by the City Council. A separate permit must be
obtained from the Building Official for any plumbing or
electrical work on harbor structures."
SECTION B. Section 17.33.060 of the Newport Beach
Municipal Code is amended to read:
"17.33.060 Administration. The Marine Director shall
administer the provisions of this Chapter, except for the
collection of fees, which shall be the responsibility of
the Finance Director."
• SECTION 9. Section 17.33.070 of the Newport Beach
Municipal Code is amended to read:
"17.33.070 Appeal to Council. Any person who is
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aggrieved by any decision of the Marine Director may appeal
to the City Council by filing with the City Clerk a written
statement describing the decision being appealed and the
grounds for appeal or objection thereto."
is SECTION 10. Section 17.36.030 of the Newport Beach
Municipal Code is amended to read:
"17.36.030 Permit Required. No person shall install
or operate within the waters of Newport Harbor or the
Pacific Ocean any bait receiver without first obtaining
a permit therefor from the City Council. No permit shall
be issued until the design of the receiver is approved by
the Marine Director. All applications for permits provided
for herein shall be made to the Marine Director and
accompanied by plans showing the design of the receiver
and a fee of Twenty -Five Dollars ($25.00)."
SECTION 11. Section 17.40.090 of the Newport Beach
Municipal Code is amended to read:
• "17.40.090 Administration of Chapter -- Appeal. The
provisions of this Chapter shall be administered by the
Community Development Director in coordination with the
Marine Director. Any aggrieved person may appeal any
decision of the Building Official to the City Council by
filing a written notice of appeal with the City Clerk
within 15 days after the date on which notice of the
decision is mailed to the applicant. The City Council
shall make a decision on the appeal within thirty (30)
days and such decision shall be final."
SECTION 12. Section 17.41.050 of the Newport Beach
Municipal Code is amended to read:
"17.41.050 Public Hearing; Notice of Hearing. (a)
Upon the filing of a completed application for a permit
• as reuired by this Chapter, the Finance Director shall
refer the application to the Orange County Harbor District,
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Chief of Police, Marine Director, Community Development
Department and other appropriate City Departments, for
investigation and report. The Finance Director shall also
refer the application to the City Clerk who shall set a
• time and date for public hearing at which time the City
Council will consider the application. The City Clerk
•
•
shall schedule said hearing on the agenda for the first
available regular Council meeting occurring not less than
thirty (30) days following the date on which the application
is submitted.
(b) Notice of the hearing shall be published in the
official newspaper of the City at least once, not less than
ten (10) days prior to the date scheduled for the hearing."
SECTION 13. This ordinance shall be published once in
the official newspaper of the City, and the same shall be
effective 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
24th day of February , 1975, and was adopted on the
10th day of
to wit:
CERTIFIED AS TXF ORIGINAL AND
CERTIFIED AS TO rUSLICATIO 1
MAR 2 4 1975
DATE........... . .............._._
CLHP.X O'r iN= CITY OF NE RT BEACH
ATTEST:
P ity Clerk
1975, by the following vote,
AYES, COUNCILMEN: McInnis, Dostal,
Barrett, Kuehn, Rogers, Store
NOES, COUNCILMEN: None
ABSENT COUNCILMEN: Ryckoff
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DDO /bc
3/10/75