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Home My WebLink About04 - Fire Ring Policy UpdateCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No..4 October 13, 2009 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: General Services Department Mark Harmon, Director, 949 - 644 -3055 mharmon @newportbeachca.gov SUBJECT: AMENDMENT TO MUNICIPAL CODE SECTION 9.04.030 SUBSECTION 307.4.2.1 (FIRE RING POLICY UPDATE) ISSUES: Should the City amend Municipal Code Section 9.04.030 Subsection 307.4.2.1 to include clarification of the Fire Ring Policy per the recommendation of the Parks, Beaches & Recreation Commission? RECOMMENDATION: a) Approve the recommendation of the Parks, Beaches & Recreation Commission; and b) introduce Ordinance No. 2009 -_ amending Municipal Code Section 9.04.030, Subsection 307.4.2.1, to clarify the public use of fire rings at any beach, park, or other public place, and pass to second reading on October 27, 2009. DISCUSSION: At the March 2009 meeting of the PB &R Commission, staff from the Police, Recreation and Senior Services, and General Services Departments provided information regarding the enforcement and maintenance activities associated with Corona del Mar State Beach. At that meeting staff was directed to review the current fire ring policy and bring back proposed changes for Commission review and comment. Staff researched existing fire ring policies from the following beach communities: the cities of Solana Beach, Imperial Beach, Huntington Beach, Oceanside, and San Diego; and the California State Parks. A proposed update to the fire ring policy for Newport Beach was drafted and submitted as a report to the PB &R Commission (Attachment B) at the August 2009 PB &R meeting for review and comment. The proposed update (Attachment A) details the following changes: restricting fires solely Amendment to Municipal Code Section 9.04.030 Subsection 307.4.2.1 (Fire Ring Policy Update) October 13, 2009 Page 2 to concrete fire rings, prohibiting the burning of pallets, and holding those parties using the fire rings responsible for extinguishing the fire. The Commission reviewed and voted unanimously to direct staff to bring the item forward to Council for approval. If Council approves the action, the amendment will take effect immediately. FUNDING: There is no impact on General Services Department budget ENVIRONMENTAL REVIEW: This action requires no environmental review, as it is not a project pursuant to CEQA. ,, Prepared by: Maurice Turnef Administrative Analyst General Services Director Attachment: (A) Amendment To Municipal Code Section 9.04.030 Subsection 307.4.2.1 (B) Parks, Beaches & Recreation Commission Report (August 4, 2009) ORDINANCE NO. 2009- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING SUBSECTION 307.4.2.1, OF SECTION 9.04.030 OF THE NEWPORT BEACH MUNICIPAL CODE, PERTAINING TO TITLE 9 OF GENERAL PRECAUTIONS AGAINST FIRE. The City Council of the City of Newport Beach does hereby ordain that certain Newport Beach Municipal Code section is amended to read, in full, as follows: SECTION 1: Subsection 307.4.2.1 of Section 9.04.030 is amended to read as follows: No person shall make, set, or maintain any beach or campirecreational fire at any beach, park, or other public place within the City except in areas where proper containers are provided for such fires by the City and where City signs are plainly posted indicating such fires are permissible. A. LOCATION 1. City - provided fire containers are concrete rings that have been pre - installed at 2. Fires are prohibited at locations where there are no City - provided fire containers. 3. The use of a stove, barbecue hibachi or other similar device specifically designed for starting and maintaining fires is prohibited. B. MATERIALS 1. Fires may be built using only fire materials limited to charcoal, clean wood, or paper Products. Any other material containing landscape debris, paint, stain, sealer, wood preservative, cloth, rubber, metal (including nails, screws, and bolts), asphalt, foam rubber, plastic, or any similar material producing noxious fumes, odors, smoke, or leaving any type of solid residue other than ash may not be used. THE BURNING OF PALLETS IS STRICTLY PROHIBITED. 2. Fire materials shall not exceed a height of more than twelve (12) inches above the upper edge of the fire container and must be wholly contained within the inside edge of the fire container. 3. No cutting, sawing or other means of shredding wood may take place on the beach, Parks sidewalks, streets or parking lots. C. EXTINGUISHING 1. Fires shall be extinguished only with water. 2. No person shall bury any fire, coals or embers with sand; or dispose of any hot. 3. Any person who has built, maintained, or used a fire on the beach shall be responsible for ensuring that the fire has been fully exhausted or extinguished with water prior to leaving the fire but in no event later than the posted closing time. SECTION 2: 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 be 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 of the City, and it shall be effective thirty (30) days after its adoption. SECTION 4: This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach, held on the _ day of 2009, and adopted on the _ day of , 2009, by the following vote, to wit: AYES, COUNCILMEMBERS NOES, COUNCILMEMBERS ABSENT COUNCILMEMBERS MA ATTEST: LEILANI BROWN, CITY CLERK APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY By: DAVID R. HUNT, CITY ATTORNEY ORDINANCE NO. 2009- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING SUBSECTION 307.4.2.1, OF SECTION 9.04.030 OF THE NEWPORT BEACH MUNICIPAL CODE, PERTAINING TO TITLE 9 OF GENERAL PRECAUTIONS AGAINST FIRE. The City Council of the City of Newport Beach does hereby ordain that certain Newport Beach Municipal Code section is amended to read, in full, as follows: SECTION 1: Subsection 307.4.2.1 of Section 9.04.030 is amended to read as follows: No person shall make, set, or maintain any beach or camp /recreational fire at any beach, park, or other public place within the City except in areas where proper containers are provided for such fires by the City and where City signs are plainly posted indicating such fires are permissible. A. LOCATION 1. City - provided fire containers are concrete rings that have been pre - installed at certain beach locations where fires are allowed. 2. Fires are prohibited at locations where there are no City - provided fire containers. 3. The use of a stove, barbecue, hibachi or other similar device specifically designed for starting and maintaining fires is prohibited. B. MATERIALS 1. Fires may be built using only fire materials limited to charcoal, clean wood, or paper products. Any other material containing landscape debris, paint, stain, sealer, wood preservative, cloth, rubber, metal (including nails, screws, and bolts), asphalt, foam rubber, plastic, or any similar material producing noxious fumes, odors, smoke, or leaving any type of solid residue other than ash may not be used. THE BURNING OF PALLETS IS STRICTLY PROHIBITED. 2. Fire materials shall not exceed a height of more than twelve (12) inches above the upper edge of the fire container and must be wholly contained within the inside edge of the fire container. 3. No cutting, sawing or other means of shredding wood may take place on the beach, parks, sidewalks, streets or parking lots. C. EXTINGUISHING 1. Fires shall be extinguished only with water. 2. No person shall bury any fire, coals or embers with sand; or dispose of any hot, burning or smoldering coals or embers except in a fire ring or other City- provided receptacles which are specially marked as being for that purpose. 3. Any person who has built, maintained, or used a fire on the beach shall be responsible for ensuring that the fire has been fully exhausted or extinguished with water prior to leaving the fire but in no event later than the posted closing time. SECTION 2: 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 be 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 of the City, and it shall be effective thirty (30) days after its adoption. SECTION 4: This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach, held on the _ day of 2009, and adopted on the _ day of , 2009, by the following vote, to wit: AYES, COUNCILMEMBERS NOES, COUNCILMEMBERS ABSENT COUNCILMEMBERS MAYOR ATTEST: LEILANI BROWN, CITY CLERK APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY BAL_ `c General S -Deportment ............ .. ... ............... .. ... ....... ... .. .. ... .......... . .. .......... .... ... ........... PB&R Commission Agenda Item No. _ ,August 4, 2009 TO: Park,,;, Beaches and Recreation Commission FRONT: General Services Director SUBJECT- Fire Ring 1'ofiey Recommendation Staff recommends that the Parks. Beaches and Recreation Ortrunission review and comment on the proposed Fire Ring Policy (Attachment A). DiscussiontRack-p round At the Commission's Nlarch 2009 meeting, staff firorn (.be Police, Recreation and Senior Services, and General Services Departments provided information retarding the enforcement and maintenance activities associated with Corona del Mar State Beach. At dill meeting, questions were raised by Commissioners regarding the effectiveness of the current Fire Ring Policy; specifically how the current policy addresses the tv)c.s4 um, ities of materials fliat are burned in the City's beach fire rings. ne direction ,I "q IT to staff was to review the current Policy and bring back- proposed changes for Commission review and comment. To begin our research, staff acquired the fu-c ring policies from the following beach communities: Solana Beach. Imperial Beach, Huntington Beach, Oceanside, CA. State Park.,;, and City of San Diego. With examples from these agencies, we were able to draft a proposex] policy for Newport Beach that botter addresses Policy issues such as location of, beach fires, acceptable materials for burningt and responsibility for extinguishing the Fires. If the Commission approves of the proposed changes to the current policy, staff will forward to the Citly Council for approval. Mark I farmon- Oirector General Services Department Attachment: (A) EINNing midl'ropimcd Fire Ring Policy Existing Newport Beach Policy Section 3074.2 y Beach, Camp, Recreational fires. No person shall make, set, or maintain any beach or camp ?recreational fire at any beach, park, or other public place within the City except in areas where proper containers are provided for such fires by the City and where City signs are plainly posted indicating such fires are permissible_ Proposed Newport Beach Policy 1. Overview a. No person shall make, set, or maintain any beach or camplrecreational fire at any beach, park, or other public place within the City except in areas where proper containers are provided for such fires by the City and where City signs are plainly posted indicating such fires are permissible. ti. Location a. City - provided fire containers are concrete rings that have been pre - installed at certain beach locations where fires are allowed_ b. Fires are prohibited at locations where there are no City - provided fire containers. c. The use of a stove, barbecue, hibachi or other similar device specifically designed for starting and maintaining fires is prohibited_ 111. Materials a. Fires may be built using only fire materials limited to charcoal. clean wood, or paper products. Any other material containing landscape debris, paint, stain, sealer, wood preservative, cloth, rubber, metal (including nails, screws, and bolts), asphalt, foam rubber, plastic, or any similar material producing noxious fumes, odors, smoke, or leaving any type of solid residue other than ash may not be used. THE BURNING OF PALLETS IS STRICTLY PROHIBITED. b. Fire materials shall not exceed a height of more than twelve (12) inches above the upper edge of the fire container and must be wholly contained within the inside edge of the fire container. c. No cutting, sawing or other means of shredding wood may take place on the beach, parks; sidewalks, streets or parking lots. IV. Extinguishing a. Fires shall only be extinguished with water. b. To bury any fire, coals or embers with sand; or to dispose of any hot, burning or smoldering coals or embers except in a fire ring or other City - provided receptacle which are specially marked as being for that purpose is prohibited. c, No person who has built, maintained, used, or been within ten (90) feet of a fire on the beach shall abandon the fire until all ignited fire material has been exhausted or extinguished.