HomeMy WebLinkAbout2001-06-26; City Council; NS-595; CMC 11.24.056 amend - Agua Hedionda fishing/anchoring & destructive algae...1
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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
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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time it shall be automatically repealed unless extended by further action of the City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
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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