HomeMy WebLinkAbout1996-10-22; City Council; NS-382; CMC 11.40 amends - Bridges & prohibit jumping, diving or fishing...#.
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ORDINANCE NO. NS-382
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, AMENDING
TITLE 11 OF THE CARLSBAD MUNICIPAL CODE BY
THE ADDITION OF CHAPTER 11.40 TO PROHIBIT
JUMPING, DIVING OR FISHING FROM PUBLIC
BRIDGES WHERE POSTED.
The City Council of the City of Carlsba
California, does ordain as follows:
SECTION 1: That Title 11, of the Carlsbad Municip
Code is amended by the addition of a new Chapter 11.40 to re
as follows:
Chapter 11.40
BRIDGES
Sections:
11.40.010 Purpose and intent.
11.40.020 Definitions.
11.40.030 Prohibition.
11.40.040 Violations.
11.40.050 Constitutionality.
11.40.010 Purpose and intent.
The purpose of this Chapter is to protect the pub1
health and safety by prohibiting jumping, diving and fishi
from public bridges.
11.40.020 Definitions.
Wherever the following words, terms or phrases are
used in this chapter, they shall be construed as defined in
the following subsections unless from the context in which t
word, term, or phrase is used, a different meaning is
specifically defined or intended.
1. "Bridge" means any portion of a public road or
right-of-way which crosses water or land at an elevation
higher than the water or land on a structure with a single c
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multiple span with a total length of 20 feet or more.
2. “Public property” means any bridge, road or
crossing wh.ich is owned by the City of Carlsbad.
1:1.40.030 Prohibition. It shall be unlawful for
any person to jump, dive or fish from any bridge located on
public property where prohibited by signs posted thereon,
excepting the bridge on north Carlsbad Boulevard over the
Buena Vista Lagoon.
l:L;..40.040 Violations. Any person who violates an;
provision of this Chapter is guilty of an infraction except
for the fourth or each additional violation of a provision
within one year which shall be a misdemeanor. Penalties for
violation of this Chapter shall be as designated in Section
1.08.010.
13-.40.050 Constitutionality. If any section,
subsection, sentence, clause, phrase or part if this Chapter
is for any reason is held to be invalid or unconstitutional 1
the final decision of any court of competent jurisdiction,
such decision shall not effect the validity of the remaining
parts of this Chapter. The City Council declares that it
would have adopted this Chapter and each section, subsection,
sentence, clause, phrase or parts thereof, irrespective of tl
fact that arty one or more sections, subsection, clauses,
phrases, or parts be declared invalid or unconstitutional.”
EFFECTIVE DATE: This ordinance shall be effectil
thirty days after its adoption; and the city clerk shal
certify the adoption of this ordinance and cause it to I:
published at. least once in a newspaper of general circulatic
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' in the City of Carlsbad within fifteen days after i
adoption.
INTRODUCED AND FIRST READ at a regular meeting l
the Carlsbad City Council on the 8th day of OCTOBER
1996, and thereafter
PASSED AND ADOPTED at a regular meeting of the Ci
Council of the City of Carlsbad on the 22nd day of OCTOBER
1996, by the following vote, to wit:
AYES: Council Members Lewis, Nygaard, Kulchin, Finnila, H:
NOES: None
ABSENT : None
APPROVED AS TO FORM AND LEGALITY Nu;] (p -&."., /+ / Lf " krr)=-
I. ... RONALD R. BALL, city sttorne
ATTEST :
& d &Ll& ALETHA L. RAUTENKRANZ, City C
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