HomeMy WebLinkAboutStaff Report 3.C 02/23/2004t
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February 23, 2004
ORDINANCE NO. 2173 N.C.S.
Introduced by
Seconded by
AN ORDINANCE OF THE COUNCIL OF THE 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:
17 Section 1 Findings
18 1. Under California Harbors and Navigation Code section 660(a), the City Council
19 may enact regulations relating to vessels on navigable waters within the City of Petaluma,
20 limited to time -of -day restrictions, speed zones, special -use areas, and sanitation and
�0 pollution controls, where such regulations do not conflict with state law. Accordingly, the City
2 has adopted Chapter 13.24 of the Petaluma Municipal Code, which establishes certain rules
23 and regulations for the use of navigable waters within the territorial limits of the City of
24 Petaluma, including but not limited to the turning basin and the municipal marina on the
25 Petaluma River.
26 2. Because of the narrow, shallow channel in the part of the Petaluma River
27 upstream of the Balshaw Bridge, vessels larger than 18 feet in length risk running aground and
28 obstructing the channel, thus creating a hazard. In addition, vessels of any size that anchor or
29 moor in Petaluma's waterways overnight in places other than at established docks such as
30 existing private /commercial docks and the docks in the marina, also pose navigational
31 hazards to vessels using the waterways at night. Therefore, the City Council has previously
32 adopted Resolution No. 2003 -218 N.C.S. which established on an emergency basis new
33 regulations to restrict the overnight mooring or anchorage of vessels in undesignated areas
34 along the Petaluma River as well as to regulate the size /length of vessels allowed upstream of
35 the Balshaw Bridge, within the City's corporate limits. The City Council finds that such
emergency regulations should be made permanent.
Ordinance No. 2173 N.C.S. Page 1
1 3. Under Petaluma Municipal Code section 13.24.130, the City's Public Facilities and
2 Services Director has authority to place and maintain signs, as deemed necessary to secure
3 public safety and the orderly and efficient use of the turning basin, waterways and marina,
4 including the designation of anchorage or mooring areas. The City Council finds that posting
5 signs along the Petaluma River, restricting vessel size /length upstream of the Balshaw Bridge
6 and overnight mooring or anchorage outside of designated areas, will assist the City in
7 enforcing these additional restrictions.
8 4. As required by California Harbors and Navigation Code section 660(a), the City
9 has submitted a draft of this ordinance to the State Department of Boating and Waterways
10 for review prior to adoption and at least thirty (30) days prior to the effective date of the
11 ordinance; has received comments from that Department; and has incorporated into this
12 ordinance any changes required by that Department.
13 Section 2 . Amendment Section 13.24.070 of the Petaluma Municipal Code, entitled
14 "Time of day restrictions," is hereby amended by adding new subsection (D), to read as
15 follow:
16 "The mooring or anchorage of vessels, regardless of size, is prohibited within the
17 City's waterways between sunset of any day and sunrise of the next day,
18 except at established public /private /commercial docks or when a bona fide
19 emergency exists. Pursuant to Section 13.24.130, the Public Facilities and
20 Services Director shall post such signs as he or she deems appropriate along the
21 Petaluma River, from its junction with Washington Creek, downstream to the
22 southern corporate limits of the City, giving notice of this restriction."
23 Section 3 . Amendment Section 13.24.100, entitled "Specific use and area restrictions,"
24 is hereby amended by amending subsection (D) thereof to read as follows:
25 "No person shall operate, anchor or moor any vessel larger than 18 feet in
26 length on the Petaluma River upstream of the Balshaw Bridge. Pursuant to
27 Section 13.24.130, the Public Facilities and Services Director shall post such signs
28 as he or she deems appropriate along the Petaluma River, giving notice of this
29 and other restrictions imposed by this section."
30 Section 4 . Severability If any section, subsection, sentence, clause or phrase or word
31 of this ordinance is for any reason held to be unconstitutional, unlawful or otherwise invalid by
32 a court of competent jurisdiction, such decision shall not affect the validity of the remaining
Ordinance No. 2173 N.C.S. Page 2
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to portions of this ordinance. The City Council of the City of Petaluma hereby declares that it
would have passed and adopted this ordinance and each and all provisions thereof
3 irrespective of the fact that any one or more of said provisions be declared unconstitutional,
4 unlawful or otherwise invalid.
5 Section 5 . Effective Date This ordinance shall become effective thirty (30) days after
6 the date of its adoption by the Petaluma City Council.
7 Section 6 . Posting The City Clerk is hereby directed to post this ordinance for the
8 period and in the manner required by the City Charter.
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10 INTRODUCED and ordered posted /wed this 2nd day of February 2004.
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12 ADOPTED this day of 2004 by the following vote:
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14 AYES:
15 NOES:
40 ABSENT:
26 Gayle Petersen, City Clerk
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David Glass, Mayor
APPROVED AS TO FORM:
Richard R. Rudnansky, City Attorney
Ordinance No. 2173 N.C.S. Page 3