HomeMy WebLinkAbout05 - Obstructions on Public Property•
0
August 23, 1999
Agenda Item No.
CITY OF NEWPORT BEACH
OFFICE OF THE CITY ATTORNEY
August 23, 1999
TO: Mayor and Members of the City Council
FROM: Robert Burnham, City Attorney
RE: Obstructions on Public Property
Addition of Section 11.08.010
Staff is proposing an amendment to the Municipal Code (the addition of Section
11.08.010) that would make it illegal to install or place various objects on any beach, park
or tideland. The purpose of the amendment is to ensure that these areas remain free
from encroachments that interfere with public use and to control the location of
recreational equipment to protect users, residents and the City.
Recommendation: If desired, introduce Ordinance adding Section 11.08.010 to the
Newport Beach Municipal Code and pass to second reading for adoption.
F0510,11:0LIF,1
ORDINANCE NO. 99--
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF •
NEWPORT BEACH, CALIFORNIA, ADDING SECTION
11.08.010 TO CHAPTER 11.08 OF THE NEWPORT BEACH
MUNICIPAL CODE PERTAINING TO OBSTRUCTIONS ON
PUBLIC BEACHES.
NOW THEREFORE, the City Council of the City of Newport Beach, California,
HEREBY ORDAINS as follows:
Section 1: Section 11.08.010 is hereby added to Chapter 11.08 of the Newport
Beach Municipal Code to read as follows:
11.08.010 Obstructions on Public Property Prohibited. No person shall install,
erect, or place any sign, recreational equipment (such as volleyball or badminton pole /net,
portable play apparatus, and trampoline), fence, fire pit or barbecue, or similar
encroachment on any public bay beach, ocean beach, tideland or park unless authorized
or permitted to do so by formal action of the City Council, the written consent of the City
Manager, or the provisions of this Code. The provisions of this Section shall not prohibit
the placement of beach umbrellas, sunscreens, shades or similar objects in conjunction
with the daytime use of any ocean beach, bay beach or tideland. 0
Section 2: That if any Section, subsection, sentence, clause or phrase of this
Ordinance is for any reason held to be invalid or unconstitutional, such decision shall not
affect the validity or constitutionality of the remaining portions of this Ordinance. The City
Council hereby declares that it would have passed this Ordinance and each section,
subsection, clause or phrase hereof, irrespective of the fact that any one or more
sections, subsections, sentences, clauses and phrases was declared unconstitutional.
Section 3: The Mayor shall sign and the City Clerk shall attest to the passage of
this Ordinance. The City Clerk shall cause the same to be published once in the official
newspaper within fifteen (15) days after its adoption.
This Ordinance was introduced at a regular meeting of the City Council of the City of
Newport Beach held on the day of ' 1999, and adopted on
the day of , 1999, by the following vote, to -wit:
AYES, COUNCILMEMBERS
•
1
NOES, COUNCILMEMBERS
0
ABSENT, COUNCILME:MBERS
MAYOR
ATTEST:
CITY CLERK
0
F:\users\cat\shared\ Ordinance\ObstructionsO n Pu blicProp. doc
0