HomeMy WebLinkAbout1996-10-22; City Council; 13866; ADOPTION OF ORDINANCE NO. NS-382 TO PROHIBIT JUMPING, DIVING, OR FISHING FROM PUBLIC BRIDGES WHERE POSTED.WY OF CARLSBAD - AGWDA BILL t ?
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AB ' - T'TLE: ADOPTION OF ORDINANCE NO. NS-382 ClTY 1 TO PROHIBIT JUMPING, DIVING, OR FISHING MTG. 10/22/96
DEPT,
I DEPT. CLK I FROM PUBLIC BRIDGES WHERE POSTED. I CITY I
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WEGQMMENDED ACTIONS
Adopt Ordinance No. NS-382, amending Title 11 of the Carlsbad Municipal Code by th
addition of Chapter 11.40 to prohibit jumping, diving or fishing fiom public bridges wher
posted.
ITEM EXPLANATION
Ordinance No. NS-382 was introduced, as amended, and first read at the City Council meetin
held on October 8, 1996. At that meeting the Ordinance was amended to specifically exem[
the bridge on North Carlsbad Boulevard over the Buena Vista Lagoon from the regulations
The second reading allows the City Council to adopt the ordinance which would then becon
effective in thirty days. The City Clerk will have the ordinance published within fifteen days,
adopted.
FISCAL IMPACT
See Agenda Bill No. 13,853 on file with the City Clerk.
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 Carlsk
California, does ordain as follows:
SECTION 1: That Title 11, of the Carlsbad Munici
Code is amended by the addition of a new Chapter 11.40 to I
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 pu:
health and safety by prohibiting jumping, diving and fis
from public bridges.
11.40.020 Definitions.
Wherever the following words, terms or phrases a
used in this chapter, they shall be construed as defined i
the following subsections unless from the context in whick
word, term, or phrase is used, a different meaning is
specifically defined or intended.
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1. "Bridge" 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 singlt
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I , multiple span with a total length of 20 feet or more.
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3 crossing which is owned by the City of Carlsbad.
2. llPublic property1' means any bridge, road or
4 11.40.030 Prohibition. It shall be unlawful for
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public property where prohibited by signs posted thereon, 6
any person to jump, dive or fish from any bridge located on
excepting the bridge on north Carlsbad Boulevard over the 7
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Buena Vista Lagoon.
114.40.040 Violations. Any person who violates a
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provision of this Chapter is guilty of an infraction except
for the fourth or each additional violation of a provision
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within one year which shall be a misdemeanor. Penalties fc
violation of this Chapter shall be as designated in Sectior
1.08.010.
11.40.050 Constitutionality. If any section,
subsection, sentence, clause, phrase or part if this Chaptc
is for any reason is held to be invalid or unconstitutional
the final decision of any court of competent jurisdiction,
such decision shall not effect the validity of the remainir
parts of this Chapter. The City Council declares that it
21 would have adopted this Chapter and each section, subsectic
22 sentence, clause, phrase or parts thereof, irrespective of
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phrases, or parts be declared invalid or unconstitutional.' 24
fact that any one or more sections, subsection, clauses,
published at least once in a newspaper of general circulai 28
certify the adoption of this ordinance and cause it tc 27
thirty days after its adoption; and the city cl.erk SI 26
EFFECTIVE DATE: This ordinance shall be effect 25
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in the City of Carlsbad within fifteen days after
adopt ion.
INTRODUCED AND FIRST READ at a regular meeting
the Carlsbad City Council on the 8th day of OCTOBER
1996, and thereafter
PASSED AND ADOPTED at a regular meeting of the C
Council of the City of Carlsbad on the 22nd day of OCTOBEI
1996, by the following vote, to wit:
AYES: Council Members Lewis, Nygaard, Kulchin, Finnila,
NOES: None
ABSENT : None
APPROVED AS TO FORM AND LEGALITY &&(14
RONALD R . BALL , City '@t torney
ATTEST :
& 4RL ALETHA L. RAUTENKRANZ, Ci
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