HomeMy WebLinkAbout2001-07-10; City Council; NS-596; CMC 11.24.056 amend - Agua Hedionda fishing/anchoring & destructive algae...1 I
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ORDINANCE NO. NS-5g6
AN 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-5g6 page I 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 Fishinn 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.
(b) 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.
cc> Nothing in this section precludes a person from anchoring in an
emergency situation in order to prevent personal injury or property damage.
(4 This section shall be operative until September 30, 2003, at which
time it shal be automatically repealed unless extended by further action of the City
Council.”
EFFECTIVE DATE: This ordinance shall be effective thirty days after its
adoption, and the City Clerk shall certify the adoption of this ordinance and cause it to
be published at least once in a newspaper of general circulation in the City of Carlsbad
within fifteen days after its adoption.
INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad
City Council on the 26th day Of June , 2001, by the following vote, to wit:
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Ordinance No. NS-5g6 page 2 of 3
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PASSED AND ADOPTED at a regular meeting of the City Council of the
City of Carlsbad on the 10th day of JULY , 2001, by the following vote, to
wit:
AYES: Council Members Lewis, Kulchin, Finnila, Nygaard, Hall
NOES: None
ABSENT: None
APPROVED AS TO FORM AND LEGALITY
(SEAL)
/
Ordinance No. NS-5g6 page 3 of 3