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HomeMy WebLinkAbout03 - Obstructions on Public PropertyAugust 23, 1999 Agenda Item No. 5 CITY OF NEWPORT BEACH CoUMCDa MEaoa OFFICE OF THE CITY ATTORNEY VDa -_ - �) =4 3 -0) " 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. BURNHAM ORDINANCE NO. 99-- 3......... 1 0 & AN- ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ., UEWPbRT BEACH, CALIFORNIA, ADDING SECTION 11.08.010 TO CHAPTER 11.08 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO OBSTRUCTIONS 0I4 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. 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 0 NOES, COUNCILMEMBERS ABSENT, COUNCILMEMBERS MAYOR ATTEST: CITY CLERK CJ F:\ users\ cat\ sharedlOrdinance\ObstructionsOnPublicProp.doc CJ CITY OF NEWPORT BEACH OFFICE OF THE CITY ATTORNEY July 30, 1999 TO: Mayor and Members of the City Council FROM: Robin Clauson, Assistant City Attorney August 9, 1999 Agenda Item No..4 MOCK AMEBA �o0e 5 �'—r}3 -019 RE: Ordinance Adding Chapter 13.20 to the Newport Beach Municipal Code Pertaining to Obstructions on Public Property At a recent Council meeting, during discussions regarding beach volleyball at 24th and 25th Streets, the Police Department noted that the Municipal Code does not have a general prohibition against placing play equipment, such as volleyball courts, on City property. After a review of the Municipal Code, the City Attorney recommended a general prohibition against placing anything on public property without appropriate authorization. Government Code Section 38775 authorizes the City Council to prohibit encroachments and obstructions on public property and to provide for removal of prohibited obstructions. The attached proposed Ordinance makes the necessary changes. Enforcement of the Ordinance is already provided for in Chapters 1.04, 1.05, and 10.50 of the Municipal Code, which will give staff flexibility depending upon the type of obstruction. Recommendation: If desired, introduce Ordinance adding Chapter 13.20 to the Newport Beach Municipal Code and pass to second reading for adoption. RC:aw f lcatbrdinanoeMemo \CCchap1320.doc ORDINANCE NO. 99- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, ADDING CHAPTER 13.20 TO TITLE 13 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO OBSTRUCTIONS OIN PUBLIC PROPERTY NOW THEREFORE, the City Council of the City of Newport Beach, California, HEREBY ORDAINS as follows: Section 1: Chapter 13.20 is hereby added to Title 13 of the Newport Beach Municipal Code to read as follows: CHAPTER 13.20 OBSTRUCTIONS ON PUBLIC PROPERTY Sections: 13.20.010 Obstructions on Public Property Prohibited 13.20.010 Obstructions on Public Property Prohibited. No person shall construct, install, erect, or place any signs,, play equipment, picnic tables, fences, enclosures, or any other structure upon any public sidewalk, street, alley, beach, park, or other public right of way or tideland property unless otherwise authorized or permitted to do so by the City Council, City Manager, or this Code. Section 2: Preemption. This Chapter shall not apply to any matter to which it concerns to the extent that the regulation of such matter is preempted by State law. Section 3: That if any section, subsection, sentence, clause or phrase of this Ordinance is for any mason 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 to more sections, subsections, sentences, clauses and phrases be declared unconstitutional. 1 0 Section 4: 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 , 1996, and adopted on the day of , 1999, by the following vote, to -wit: AYES, COUNCILMEMBERS NOES, COUNCILMEMBERS ABSENT, COUNCILMEMBERS MAYOR ATTEST: CITY CLERK F:% usersl cafthared lOrdinancelAddlChapterl3- 20.doc 2