HomeMy WebLinkAboutStaff Report 4.B 02/02/2004 Rev. 1F
ORDINANCE .NO. N.C.S.
Introduced by
Seconded by
AN ORDINANCE OF THE COUNCIL OFTHE CITY OF PETALUMA, STATE OF
CALIFORNIA, AMENDING CHAPTER 13.24 OF THE:.PETALUMA MUNICIPAL CODE,
ENTITLED "WATERWAYS"
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS FOLLOWS:
Section 1. Findings.
1. Under California _Harbors and Navigation Code. section 660(a), the City Council may
enact regulations relating to vessels on .navigable waters within the City of Petaluma, limited to time -
of -day restrictions, speed zones, special -use areas, and sanitation and pollution controls, where such
regulations do not conflict with state law. Accordingly, -the City has adopted Chapter 13.24 of the
Petaluma Municipal Code which establishes certain 1rules and regulations for the use of navigable
waters within the territorial limits of the City of Petaluma including hilt not limited to the turning
basin and the municipal marina on the Petaluma. River.
2. Because of the narrow, shallow channel in the part of the Petaluma River upstream of the
Balshaw Bridge, vessels larger than 18- feet in length risk:ruiuiing aground and obstructing the channel,
thus creating a hazard. In addition vessels of any size that anchor or moor in Petaluma's waterways
overnight in places other than at establisled ~docks such as existing private/commercial docks and the
docks in the marina, also pose navigational hazards to vessels. using the waterways at night. Therefore,
the City Council has previously adopted Resolution No. 2003 -218' N.C.S. which established on an
emergency basis new regulations to restrict the overnight mooring or anchorage of vessels in
undesignated areas along 'the Petaluma River as well as to regulate the size /length of vessels allowed
upstream of the Balshaw Bridge, within the City's corporate limits. The City Council finds that such
emergency regulations should, be made permanent.
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3. Under Petaluma Municipal Code section 13.24.130', the :City's Public Facilities and
Services Director' has authority to place and maintain signs,. as deemed necessary to secure public
safety and the orderly and efficient use of the turning basin, waterways and marina, including the
designation of anchorage or mooring areas. The City Council finds that posting signs along the
Petaluma River, restricting vessel size /length upstream of the Balshaw Bridge and overnight mooring
or anchorage outside of designated areas,' assist the City in enforcing these additional restrictions.
4. As required by California Harbors and Navigation Code section 660(a), the City has
submitted a draft of this ordinance, to the State Department of Boating and Waterways for review prior
to adoption and at least thirty (30) days prior to the effective date of the ordinance; has received
comments from that Department; and has incorporated into. this ordinance any changes required by that
Department.
Section 2 . Amendment Section 13.24.070 of the Petaluma Municipal Code, entitled "Time of
day restrictions," is hereby amende&by adding new subsection (D),, to read as follow:
"The mooring or. anchorage of vessels, regardless of size, is prohibited within the City's
waterways between sunset of any day and sunrise of the next, day, except at established
public /private /commercial docks or when a bona fide emergency exists. Pursuant to
Section 13.24.130, the Public Facilities and Services Director shall post such signs as he
or she deems appropriate along the Petaluma River, from its junction with Washington
Creek, downstream to the southern corporate limits of the City, giving notice of this
restriction."
Section 3 . Amendment Section 13.24.100, entitled "Specific use and area restrictions," is
hereby amended by amending subsection (D) thereof to read- as follows:
"No person shall operate, anchor or n any vesset larger than 18 in length on the
Petaluma River upstream of the B_alshaw Bridge. Pursuant to Section 13.24.130, the
Public Facilities and Services Director shall post such signs as he or she deems
appropriate along the Petaluma River, giving notice of this and other restrictions
imposed by this section."
Section 4 . Severability If any section, subsection, sentence, clause or phrase or word of this
ordinance is for any reason held to be unconstitutional, unlawful or otherwise invalid by a court of
competent jurisdiction, such decision shall not affect the validity of the remaining portions of this
ordinance. The City Council of the City of Petaluma hereby declares that it would have passed and
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adopted this ordinance and, each and all provisions thereof irrespective of the fact that any one or more
of said provisions be declared - unconstitutional, unlawful or otherwise invalid.
ih Section 5 , Effect ive Date This ordinance shall become effective thirty (30) days after`the date
of its adoption by the Petaluma City Council.
Section 6 . Posting. The City Clerk is Hereby directed to post this ordinance for the period and
in the manner required by the City Charter.
INTRODUCED and ordered posted /published this day of _: , 2004.
ADOPTED this day of , 2004 by the following vote:
AYES:
NOES:
ABSENT:
Mayor.
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney