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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 c3 w n 5 U z H n w 5 E 2 0 w .E -kl a0 a 53 2 !p : o$ d N" :i 9 E\ z $9 i $k & p a2 a 42 z + m ah : h! 5 Ejq .z +J a : dH : & .5 E g r', -4w 0 33 u 4E c32 2 Zw \o a; 'H 030 '2 0 4c 0 .- 2 * - .- 0 c S s ~ AB# I 3j gg3 DEPT. HD, TITLE AN ORDINANCE ADDING CHAPTER 11.40 TO TITLE 11 OF THE CARLSBAD MUNICIPAL CODE TO MTG. )Q -8'9 6 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 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 I i a 0 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 1 2 3 4 5 6 7 8 9 10 11 am 51 KCLA qn8 2uz i2gL2 S;Ss rtgh nun2 <;$i zumq oz-ro aazn 002 Lorn 00 UOA p% 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 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. 2 1 2 3 4 5 6 7 8 9 10 11 om &z& <:08 ow2 3lug SYS5 ekfg 9 OOLL I Q- OZ-10 S&$pi ““90 F-s! p9 00 *> ik, 0 40-1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 L 0 a 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) 3