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Home My WebLink About2002-06-11; City Council; NS-630; CMC 11.24 amends - Agua Hedionda Caulerpa Taxifolia eradication...ORDINANCE NO. NS-630 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING CHAPTER 11.24 OF THE CARLSBAD MUNICIPAL CODE TO IMPLEMENT MEASURES TO AID IN THE SURVEY AND ERADICATION OF CAULERPA TAXlFOLlA IN THE AGUA HEDIONDA LAGOON. WHEREAS, portions of the Agua Hedionda Lagoon have been infested Nith Caulerpa faxifolia, a destructive alga; and WHEREAS, the alga is a threat to the entire coast because it proliferates and smothers the native flora and fauna in its path; and WHEREAS, efforts are being made to eradicate the alga by closing off and treating the infested areas; and WHEREAS, biologists have concluded that the alga is continuing to be spread by fishing lines, boat anchors and wake boards; and WHEREAS, the peak growth period for the alga are the summer months, which coincides with the peak recreational usage period for the Lagoon; and WHEREAS, biologists have recommended the immediate implementation of regulatory measures to prevent the further spread of the alga by fishing lines, boat anchors, and wave boards during the peak growth period and to facilitate ongoing efforts to survey and eradicate the alga, NOW, THEREFORE, the City Council of the City of Carlsbad does ordain as follows: Ill Ill 1 2 3 4 5 6 7 8 9 10 11 12 om SUI? :g3 13 2053 OYZ jUc) 14 u->u .c.= “09 15 16 ZYW 03s EZW cz$ 17 U” 18 19 20 21 22 23 24 25 26 27 28 SECTION 1. That Section 11.24.010 of the Carlsbad Municipal Code be amended to read as follows: “11.24.010 Definitions. For purposes of this chapter, the definitions set forth in the State Harbors and Navigation Code, Vehicle Code and California Administrative Code, as amended to date, and as follows, shall apply: marker buoys at the northwest end of the inner lagoon, shown as Zone 3 on the Inner Lagoon Survey Zones map on file in the city clerk‘s office. between the personal watercraft and passive use area, shown as Zones 4 and 5 on the Inner Lagoon Survey Zones map on file in the city clerks office. (c) “Passive use area” means the eastern end of the inner lagoon east of red marker buoys, shown as Zone 6 on the Inner Lagoon Survey Zones map on file in the city clerk’s office. (d) “Slalom course area” means that portion of the inner lagoon located parallel to the southeastern shoreline within both the powerboat and passive use areas, one thousand eight hundred fifty feet long and no more than one hundred fifty feet north of the slalom course and one hundred fifty feet west of the passive use areas, as delineated by marker buoys. (e) “Interim Management Plan” means the Interim Management Plan to facilitate the Agua Hedionda Lagoon Caulerpa Taxifolia Eradication Program, as amended to date, which has been approved by the city council and is on file with the city clerk‘s office.” (a) “Personal watercraft area” means that portion north of the red (b) “Powerboat area” means the middle area of the inner lagoon, SECTION 2. That Section 11.24.015 of the Carlsbad Municipal Code be amended to read as follows: ”1 1.24.015 Special use area - Aaua Hedionda Laaoon. Of the entire Agua Hedionda Lagoon, consisting of three sections known as outer lagoon, inner lagoon, and middle lagoon, only the inner lagoon is declared to be a “special use area” defined in California Harbors and Navigation Code Section 651 authorized for local rules by Section 600(a) as authorized by California Harbors and Navigation Code Section 660. Use of the inner lagoon is subject to the provisions of this chapter and any regulations adopted by resolution of the city council, including any regulations contained in or established pursuant to the Interim Management Plan.” SECTION 3. That Section 11.24.020 of the Carlsbad Municipal Code be amended to read as follows: “1 1.24.020 Laaoon use Dermits. (a) It is unlawful to operate any type of vessel on the inner lagoon without first obtaining a city annual or temporary lagoon use permit issued by the city manager or a designee, or a daily lagoon use permit issued by the Snug Harbor Marina office. The vessel operator shall display the city’s annual permit decal in the specified 20f7 location at all time or possess and show upon request a valid city temporary or daily lagoon use permit. (b) Lagoon use permits may be denied, suspended, or revoked for failure to comply with the provisions of this chapter or any regulations adopted pursuant to this chapter, including any regulations contained in the Interim Management Plan. (c) The City Manager is authorized to establish appropriate procedures, consistent this chapter and applicable laws and regulations, for the issuance, denial, suspension, or revocation of a lagoon use permit. The procedures for issuing a lagoon use permit shall include, without limitation, the following requirements: (1) Permit application and hold harmless indemnity agreement shall be filled out and signed by a responsible adult; (2) The current permit fee as established by the city council by resolution must be paid; (3) The fee is non refundable and nontransferable; (4) Those vessels that are required by California Department of Motor Vehicles to obtain vessel registration shall provide a copy of valid vessel registration. patrolling or maintenance by the lagoon owner andlor its representative.” (5) Lagoon use permits are not required for dredging, research, SECTION 4. That Sections 11.24.055 of the Carlsbad Municipal Code be repealed and reenacted to read as follows: “1 I .24.055 Fishing. (a) Fishing from the shoreline or from a passive vessel shall be limited to the passive use area; fishing from a powerboat shall be limited to the powerboat area. It is unlawful to cast fishing lines into any transit corridor or in the traffic pattern of any vessel. amended or repealed by further action of the city council.” (b) This section shall become operative on July 1,2003, unless SECTION 5. That Section 11.24.056 of the Carlsbad Municipal Code be amended to read as follows: “1 1.24.056 No fishinq or anchorinq. (a) Notwithstanding any other provision of this chapter and except as otherwise provided in this section, it is unlawful to fish or anchor a boat in any area of the inner lagoon. area or in the powerboat area if the city manager finds, based on available scientific data, that allowing fishing or anchoring in these areas is consistent with the Interim Management Plan and will not cause the spread of Caulerpa faxifolia inside or outside of the lagoon. emergency situation in order to prevent personal injury or property damage. (b) The city manager may allow fishing or anchoring in the passive use (c) Nothing in this section precludes a person from anchoring in an 3 of 7 (d) This section shall be operative until June 30, 2003, at which time it shall automatically be repealed unless extended by further action of the city council.’’ SECTION 6; That Section 11.24.057 of the Carlsbad Municipal Code be enacted to read as follows: to “1 1.24.057 No larae wakes. (a) Except when necessary for starting and stopping only, it is unlawful operate a personal watercraft or powerboat in any area of the inner lagoon in a manner that generates wakes in excess of twelve (12) inches above the undisturbed water line. shall automatically be repealed unless extended by further action of the city council.” (b) This section shall be operative until June 30, 2003, at which time it SECTION 7. That Section 11.24.058 of the Carlsbad Municipal Code be enacted to read as follows: “1 1.24.058 Compliance with laaoon closures under Interim Manaaement Plan. (a) Notwithstanding any other provision of this chapter, it is unlawful to enter or to cause a personal watercraft, powerboat, or passive vessel to enter any area of the inner lagoon that is closed for survey or eradication work under the Interim Management Plan. the inner lagoon in an emergency situation in order to prevent personal injury or property damage.” (b) Nothing in this section precludes the entering into a closed area of SECTION 8. That Section 11.24.130 of the Carlsbad Municipal Code be amended to read as follows: “1 1.24.130 Compliance with chapter, reaulations and orders. (a) It is unlawful for any person to violate any provision of this chapter, including to refuse to follow or comply with regulations adopted pursuant to this chapter, or with any lawful notice, sign, order, warning signals, or lawful direction of a police officer, community services officer, or lifeguard, except for the purpose of making a rescue. (b). It is further unlawful for any person to deface, injure, knock down or remove any notice, sign, or warning placed for the purpose of enforcing the provisions of this chapter, or regulations adopted pursuant to this chapter. marked enforcement vessel displaying a blue light, immediately yield the right-of-way to the enforcement vessel and, upon direction of the operator of the enforcement vessel, come to a stop.” (c) Operators of vessels on the lagoon shall, upon approach of a 4 of 7 1 2 .- 1 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION 9. That Section 11.24.137 of the Carlsbad Municipal Code be amended to read as follows: “1 1.24.137 Enforcement bv police department - Authoritv of (a) Except for the issuance, denial, suspension, or revocation of lagoon communitv services officers. use permits under Section 11.24.020, which shall be administered by the city manager or a designee, the police department shall enforce this chapter, including any regulations adopted by the city council pursuant to this chapter, along with any violation of the California Harbors and Navigation Code, Penal Code, Vehicle Code, and their implementing regulations, pertaining to the inner lagoon. a designee to patrol the inner lagoon, the officer is charged with enforcement of the above laws and regulations and authorized and empowered to act pursuant to Penal Code Sections 836.5 and 853.6 to arrest or issue a citation to any person without a warrant whenever the officer has reasonable cause to believe that the person has committed a violation these laws and regulations and the violation was committed in the officer‘s presence.” (b) If a Community Services Officer 111 is assigned by the police chief or SECTION IO. That Section 11.24.138 of the Carlsbad Municipal Code be enacted to read as follows: “1 1.24.138 Violations. Violations of this chapter, or any regulations adopted pursuant to this chapter, are subject to the provisions of chapter 1.08 of this code.” 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 they represent a current and immediate threat to the public health, safety, and general welfare of the citizens of Carlsbad. 5 of 7 EFFECTIVE DATE: This ordinance shall be effective immediately. 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 Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill 6 of 7 validity of the remaining parts of this ordinance. The City Council hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or part thereof irrespective of the fact that any one 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 11th day of JUNE ,2002, by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Finnila, Nygaard, Hall NOES: None ABSENT: None APPROVED AS TO FORM AND LEGALITY - ATTEST %%- MRRA NE M. WOOD, City Clerk 7 of 7