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HomeMy WebLinkAbout2001-06-26; City Council; NS-595; CMC 11.24.056 amend - Agua Hedionda fishing/anchoring & destructive algae...1 2 3 4 5 6 7 8 9 10 11 12 2 gi mwm “,g7 %i5 3 13 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. NS-595 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING CHAPTER 11.24 OF THE CARLSBAD MUNICIPAL CODE TO PROHIBIT FISHING AND ANCHORING IN POSTED AREAS OF THE AGUA HEDIONDA LAGOON TO PREVENT THE SPREAD OF DESTRUCTIVE ALGAE. WHEREAS, portions of the Agua Hedionda Lagoon have been invaded by a destructive form of algae; and WHEREAS, the algae is a threat to the entire coast because it is prolific and smothers the native flora and fauna in its path; and WHEREAS, attempts have been made to prevent the spread of the algae by containing and treating the infested areas; and WHEREAS, the algae has recently been discovered in portions of the Lagoon that are outside of the containment area; and WHEREAS, biologists have concluded that the algae is being spread unintentionally by fishing lines and boat anchors; and WHEREAS, to prevent the further spread of the algae and resulting damage to the coast, the Department of Fish & Game has requested the implementation of an immediate prohibition against fishing and anchoring in the Lagoon; NOW, THEREFORE, the City Council of the City of Carlsbad does ordain as follows: Ordinance No. NS-5g5 page 1 of 3 1 2 3 4 5 6 7 0 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION 1. That the Carlsbad Municipal Code is amended by the addition of Section 11.24.056 to read as follows: “11.24.056 No Fishing or Anchoring in Posted Areas (a) Notwithstanding any other provision of this chapter, no person may fish or anchor a boat in any area of the inner lagoon that has been posted with a sign prohibiting these activities. w The City Manager may post or authorize the posting of a sign prohibiting fishing and anchoring in an area of the inner lagoon if the City Manager finds, based on available biological data, that prohibiting these activities in the area is necessary to prevent the spread of destructive algae inside and outside of the lagoon. (4 Nothing in this section precludes a person from anchoring in an emergency situation in order to prevent personal injury or property damage.” (d) This section shall be operative until September 30, 2003, at which time it shall be automatically repealed unless extended by further action of the City Council. DECLARATION OF URGENCY: This ordinance is hereby declared to be an emergency ordinance adopted as an urgency measure to protect the public health, safety and welfare and shall take effect immediately. The facts constituting the emergency are those set forth in the above recitals and the companion agenda bill. They demonstrate a current and immediate threat to the public health, safety, and general welfare of the citizens of Carlsbad. EFFECTIVE DATE: This ordinance shall be effective immediately upon adoption. The City Clerk of the City of Carlsbad shall certify the adoption of this ordinance and cause it to be published once in a newspaper of general circulation in the City of Carlsbad within fifteen days after its adoption SEVERABILITY CLAUSE: If any section, subsection, sentence, clause, phrase or part of this ordinance is for any reason held to be invalid or unconstitutional by the final decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining parts of this ordinance. The City Council hereby declares Ordinance No. NS-595 page 2 of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or part thereof irrespective of the fact that any or more sections, subsections, clauses, phrases, or parts be declared to be invalid or unconstitutional. INTRODUCED, PASSED, AND ADOPTED at a regular meeting of the Carlsbad City Council on the 26th day of June I 2001, by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Finnila, Nygaard, and Hall. NOES: None. ABSENT: None. APPROVED AS TO FORM AND LEGALITY ATTEST: (SEAL) Ordinance No. Ns-5% page 3 of 3