HomeMy WebLinkAbout1996-10-08; City Council; 13853; AN ORDINANCE ADDING CHAPTER 11.40 TO TITLE 11 OF THE CARLSBAD MUNICIPAL CODE TO PROHIBIT JUMPING DIVING, OR FISHING FROM PUBLIC BRIDGES WHERE POSTED.a a bq
CITY OF CARLSBAD - AG NDA BILL
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AB# I 3j gg3 DEPT. HD, TITLE AN ORDINANCE ADDING CHAPTER 11.40 TO TITLE 11 OF THE CARLSBAD MUNICIPAL CODE TO
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CITY MGR DEPT. CA
PUBLIC BRIDGES WHERE POSTED.
CITY ATT! PROHIBIT JUMPING, DIVING, OR FISHING FROM
RECOMMENDED ACTION:
That Chapter 11.40 be added to Title 11 of the Municipal Code to prohibit pc
jumping, diving, or fishing from public bridges where posted.
ITEM EXPLANATION:
Carlsbad Police officers have witnessed juveniles jumping or diving from the b,
SDG&E inlet on Agua Hedionda Lagoon. Constituents have also complained re(
City Council about this bridge jumping activity due to the obvious hazards involved.
There is no existing municipal code section which specifically prohibits jumping or
bridges. Municipal Code section 11.24.095 prohibits swimming or wading from
lagoon except as authorized in writing by San Diego Gas and Electric Company il
and outer lagoon. This ordinance could not be used to cite individuals who are
jump but have not yet done so or persons jumping from bridges over land. Penal (
396(i) prohibits one from entering rail transit property and interfering with its safe
This is the only applicable State code and it pertains just to rail transit properties.
The Traffic Engineer concurs in the recommendation for adoption of this or(
requests that fishing from bridges also be prohibited to protect pedestrians I
mishaps.
Signs should be posted at either end of the bridges where this prohibttion is
determined by the Traffic Engineer.
FISCAL IMPACT:
None.
EXHIBITS:
1. Ordinance No. NS- 382
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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 Carl!
California, does ordain as follows:
SECTION 1: That Title 11, of the Carlsbad Muni(
Code is amended by the addition of a new Chapter 11.40 to
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 p
health and safety by prohibiting jumping, diving and fi
from public bridges.
11.40.020 Definitions.
Wherever the following words, terms or phrases
used in this chapter, they shall be construed as defined
the following subsections unless from the context in whic
word, term, or phrase is used, a different meaning is
specifically defined or intended.
i 1. llBridge" means any portion of a public road
right-of-way which crosses water or land at an elevation
higher than the water or land on a structure with a sing1
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multiple span with a total length sf 20 feet or more,
2 Q "Public property" means any bridge, road or
crossing which is owned by the City of Carlsbad.
11.40.030 Prohibition. It shall be unlawful fi
any person to jump, dive or fish from any bridge located 1
public property where prohibited by signs posted thereon.
11.40.040 Violations., Any person who violates
provision of this Chapter is guilty of an infraction exce:
for the fourth or each additional violation of a provisio:
within one year which shall be a misdemeanor. Penalties
violation of this Chapter shall be as designated in Sectil
1.08.010.
11.40.050 Constitutionality. If any section,
subsection, sentence, clause, phrase or part if this Chap.
is for any reason is held to be invalid or unconstitution
the final decision of any court of competent jurisdiction
such decision shall not effect the validity of the remain
parts of this Chapter. The City Council declares that it
would have adopted this Chapter and each section, subsect
sentence, clause, phrase or parts thereof, irrespective 0.
fact that any one or more sections, subsection, clauses,
phrases, or parts be declared invalid or unconstitutional
EFFECTIVE DATE: This ordinance shall be effe,
thirty days after its adoption; and the city clerk
certify the adoption of this ordinance and cause it t
published at least once in a newspaper of general circul'
in the City of Carlsbad within fifteen days after
adoption.
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INTRODUCED AND FIRST READ at a regular meetinc
the Carlsbad City Council on the day of
1996, and thereafter
PASSED AND ADOPTED at a regular meeting of the
Council of the City of Carlsbad on the day of
1996, by the following vote, to wit:
AYES :
NOES :
ABSENT:
APPROVED AS TO FORM AND LEGALITY
RONALD R. BALL, City Attorney
CLAUDE A. LEWIS, Mayor
ATTEST:
ALETHA L. RAUTENKRANZ, City Cler)
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