HomeMy WebLinkAbout12 - Rules & Regulations for Parks-Park Facilities-BeachesSEW PpQr
CITY OF
NEWPORT BEACH
�I`IF09 City Council Staff Report
Agenda Item No. 12
July 12, 2011
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Recreation & Senior Services Department
Laura Detweiler, Rec & Sr Services Director
949 - 644 -3157, LDetweiler @newportbeachca.gov
APPROVED:
TITLE: FIRST READING - CONSIDERATION OF AN ORDINANCE
AMENDING CHAPTER 11.04 OF THE NEWPORT BEACH
MUNICIPAL CODE PERTAINING TO RULES AND REGULATIONS
FOR PARKS, PARK FACILITIES AND BEACHES
ABSTRACT:
City Council approval is requested of omnibus changes to Chapter 11.04 of the Newport
Beach Municipal Code pertaining to rules and regulations for parks, park facilities and
beaches as recommended by the Parks, Beaches and Recreation Commission.
RECOMMENDATION:
Introduce Ordinance No. 2011 -19 , amending Chapter 11.04 of Title 11 of the Newport
Beach Municipal Code pertaining to rules and regulations for parks, park facilities and
beaches, and pass to second reading on July 26, 2011.
FUNDING REQUIREMENTS:
There is no fiscal impact related to this item.
DISCUSSION:
The City of Newport Beach presently owns (or is the assigned trustee of) and operates
73 parks and recreational facilities, 6.7 miles of ocean beaches and 2.5 miles of bay
beaches. In order to assure maximum public use and enjoyment of the City's public
recreational facilities, staff believes it is necessary to establish rules and regulations
governing the operation of their use. In addition, when it is necessary to enforce these
rules and regulations the City needs to provide Peace Officers, Code Enforcement
Officers and Park Patrol Officers the necessary authority to ensure the safety and
enjoyment of those utilizing these amenities.
FIRST READING - CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER
11.04 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO RULES AND
REGULATIONS FOR PARKS, PARK FACILITIES AND BEACHES
July 12, 2011
Page 2
The Recreation & Senior Services Department administers the use and scheduling of
the City's public park facilities and Instructional Activity on beaches. The Department's
staff and Park Patrol program plays a major role in monitoring these uses and
enforcement of Chapter 11.04. The Chapter was last amended in 2004 and was in
need of review to assure the language was up to date and inclusive of regulations
necessary to successfully program and manage the use of recreational facilities.
Additionally, at the direction of the City Council and based upon a recommendation of
the Environmental Quality Affairs Citizen Advisory Committee, additional language was
needed to prohibit smoking within parks and open space.
A summary of the proposed ordinance changes include:
a. General language clean -up.
b. Inclusion of definitions for:
1. "Beach" or "Beaches" means any public oceanfront or bay front beach within the
City of Newport Beach, including municipal piers, public walkways and strands
adjoining beach areas.
2. "Instructional Activity" means any educational or recreational program or activity
involving individual, team, or group instruction that is conducted or performed
when there is monetary or other consideration provided for participation in the
program or activity.
3. "Smoke" or "Smoking' means the carrying or holding of a lighted pipe, a lighted
cigarette or lighted cigarette of any kind, or any other lighted smoking
equipment, and a lighting of a pipe, cigar or cigarette, of any kind, and, inhaling,
emitting, or exhaling the smoke of a pipe, cigar, or cigarette of any kind or any
other smoking equipment.
c. Inclusion of prohibited conduct:
1. Smoking in a park or open space.
2. Conduct or perform any Instructional Activity for a fee in a Park, Park Facility, or
on a Beach without first obtaining a written agreement from the Recreation and
Senior Services Director to conduct or perform said Instructional Activity in a
Park, Park Facility, or on a Beach.
3. Continuing to conduct or perform any event, activity, behavior or conduct that is
determined to be unsafe, a nuisance, or a disturbance to the public by the
Recreation and Senior Services Director, a Park Patrol Officer, Code
Enforcement Officer, or Peace Officer after first issuing a verbal or written
warning to the person or group of people conducting or performing the event,
activity, behavior or conduct that has been determined to be unsafe, a nuisance,
or a disturbance to the public.
FIRST READING - CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER
11.04 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO RULES AND
REGULATIONS FOR PARKS, PARK FACILITIES AND BEACHES
July 12, 2011
Page 3
Additional definitions are being recommended as the Chapter was silent on "Beaches."
The inclusion of "Beaches" within this Chapter is necessary as the Department regularly
schedules Instructional Activities on the City's beachfront. The provision of no smoking
in parks or open space necessitates defining the term "Smoking ".
Recommended changes to prohibited conduct include no smoking in parks, park
parking lots and the abutting sidewalks within the public right of way for the health and
enjoyment of those visiting City parks and open spaces. The City of Newport Beach
currently prohibits smoking on beaches, ocean front walk and piers and within twenty -
five (25) feet of a playground, twenty (20) feet of a community center, or in any building
or a portion thereof.
Prohibiting smoking in these areas reduces exposure to second hand smoke,
elimination of cigarette waste being deposited in parks, and reduction in the risk of fires
associated with discarded smoking materials. Prohibiting smoking supports the
philosophy of providing healthy outdoor living, fitness, and recreation activities for the
community. There are over 1,900 localities across the United States that restrict
smoking in outdoor spaces with several Orange County cities included.
Additionally, recommended prohibited conduct includes performing any Instructional
Activity for monetary gain or other consideration provided for participation in the
program or activity on public property without first obtaining a written agreement from
the Director. The Department frequently encounters private businesses or individuals
using the City's public parks and beaches to perform Instructional Activities for a fee.
These unauthorized Instructional Activities place greater demands on increasing and
competing uses of the City's parks and beaches and also significantly limit the general
public's ability to utilize these areas. Moreover, these individuals are using public parks
and beaches for personal financial gain. Staff believes requiring persons who desire to
engage in Instructional Activities at a City park or beach to have a written agreement
with the City will resolve this issue and minimize commercialization of these areas.
The Parks, Beaches and Recreation Commission considered this item at their meeting
of June 21, 2011 and were unanimous in their approval of the recommended changes
as presented. An excerpt of the draft meeting minutes are included in Attachment C as
well as two written correspondence directed to the Commission relating to the agenda
item.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California
Environmental Quality Act ( "CEQA ") pursuant to Sections 15060(c)(2) (the activity will
not result in a direct or reasonably foreseeable indirect physical change in the
environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378)
FIRST READING - CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER
11.04 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO RULES AND
REGULATIONS FOR PARKS, PARK FACILITIES AND BEACHES
July 12, 2011
Page 4
of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it
has no potential for resulting in physical change to the environment, directly or
indirectly.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
Submitted by:
0
ura Detweiler, Director
Recreation & Senior Services Department
Attachments: A. Chapter 11.04 (Track Changes Document)
B. Chapter 11.04 (Amended Document)
C. Excerpt Draft PBR Minutes of 7/21/11 & Correspondence
Attachment A
Chapter 11.04
PARKS, PARK FACILITIES. AND BEACHES —RULES AND REGULATIONS
Sections:
11.04.010 Intent and Purpose.
11.04.020 Definitions.
11.04.030
General Administration.
11.04.040
Park Hours.
11.04.050
Closed Park Areas.
11.04.060
Permit Requirement.
11.04.070
Athletic Leagues— Permit Required.
11.04.080
Prohibited Conduct.
11.04.090 Violation of Rules and Policies of Department.
11.04.100 Ejection.
11.04.110 Prohibition Against Obstructing Performance of City Employee.
11.04.120 Exemption.
11.04.130 Penalty.
11.04.010 Intent and Purpose.
It is the policy of the City of Newport Beach to allow maximum public use of the City's
public pPark utilities and Beaches subject to rules and regulations necessary for
administration and maintenance of the City's public pParks and €Facilities and Beaches.
All persons using the City's public pPark (Facilities and Beaches shall comply with the
provisions of this sChapter,: in addition to anv other provisions contained within this Code.
Consistent with the provisions of this Chapter, —T- the Director of- ResreatiGR &-Beater
Seafises-shall be the G #ym �Fir-pa4 - responsible for administering the use of the
City's public pPark #Facilities and Beaches and shall be authorized to °f'� @Rd
enforce this Chapter and establish and enforce all- applieable seder policies, rules and
FRegulations regarding the use and administration of the City's public pPark (Facilities
and Beaches in the Gity-ef NewpsFt-Beasq.
11.04.020 Definitions.
For the purposes of this chapter, the following words and phrases shall have the meaning
set forth in this section.
'Beach" or "Beaches" means anv public oceanfront or bav from beach within the Citv
of Newport Beach, including municipal piers, public walkways and strands adioining
beach areas.
DiFeStOF The teffn "Director' shaA means the Director of the Recreation &and Senior
Services Department, or his or her designee.
"Instructional Activity" means any educational or recreational program or activity
involving individual, team. or group instruction that is conducted or performed when
there is monetary or other consideration provided for participation in the program or
activity.
° ^ >L ^• °,•' F , ^:..a•. The ` °•^ "pPark" or "pPark #Facility" skaal! means all publicly
owned or leased property, grounds, parking lots, roadways, venues, bike paths,
walking or hiking trails. parks and park - related buildings, facilities and improvements,
together with the sidewalks or walkways abutting or adioining the same, and any
school facilities when they are in use as recreational or community center facilities and
under the control of the Director.
Park Patrol: The teFFA "Park Patrol" and "Park Patrol Officer" shall means and
includes the park patrol officers authorized under Municipal Code Section 1.12.020 of
Chapter 1.12.
PBrsew The temT'Person" shall means an individual, group, organization,
association, corporation or any business entity.
Regalatfees. TheTerm- 'FRegulations" shalkmeans the provisions of this GChapter
and such rules, policies and regulations established from time to time by the City
Council or the Director for the administration of this sChapter.
"Smoke" or "Smoking" means the carrying or holding of a lighted pipe, a lighted
cigarette or lighted cigarette of anv kind. or any other lighted smoking equipment, and
a lighting of a pipe cigar or cigarette, of any kind, and. inhaling. emitting. or exhaling
the smoke of a pipe cigar, or cigarette of any kind or any other smoking equipment.
91.04.030 General Administration.
A. Any activity held at a Park. pPark #Facility , or Beach will be conducted according to
the Rfegulations of this sChapter and all applicable laws, including fire and safety
regulations and applicable municipal code provisions.
B. Any person or group of people violating the (Regulations or conditions of any
permit shall be subject to the immediate revocation of Park or pPark fFacility use
privileges and the City will retain all fees previously paid.
C. Any persons using a Park or pPark #Facility shall be responsible for paying for any
damage to or loss of City property connected with such use.
D. When groups or organizations desire to use a Park or pPark #Facility on an
ongoing basis, such use shall be subject to the Director's approval through a
separate Park or pPark #Facility use agreement.
E. Use of a Park or pPark #Facilityies for group activities or events shall not interfere
with the public enjoyment of the pPark or Park Facility; detract from the health,
safety, welfare or recreation of the general public; cause unusual or extraordinary
expense to the City; nor draw crowds in excess of the capacity of the Park or
pPark €Facility.
F. Scheduling procedures, use regulations and application processes for City Park
and pPark fFacilities shall be determined by the Director.
11.04.040 Park Hours.
No person shall enter or remain upon any Park or pPark #Facility between the hours of
eleven 11:00) p.m. and six 6.00) a.m.
11.04.050 Closed Park Areas.
When necessary for the protection of the public interest, health, or welfare, the Director
shall have the authority to close from public access or use, any publiEpPark. Park
Facility, or portion thereof, on a temporary basis. No person shall enter or remain upon
areas posted or publicly noticed as closed.
11.04.060 Permit Requirement.
A. The Director may issue permits allowing use of a Park or pPark €Facilityies by one
or more persons to the exclusion of others in connection with planned social
occasions such as birthday parties, programs and recreational activities. No
person(s) other than the person( authorized by the permit shall enter or remain
on designated Park or pPark Facility areas during the period covered by the
permit. All Park or pPark #Facility use permits issued may only be used by the
permit holder. Director permits are non - transferable.
B. The Director shall have the authority to post reservation notices at a Park or pPark
#Facilityies notifying the public that a Park or pPark #Facility is reserved for
exclusive use during a specified time period, pursuant to a permit. No person shall
disobey any reservation notice posted or issued by the Director relating to the use
of any Park or pPark #Facility, site, tables or other public accommodations
identified in the permit.
3
C. Any person not having a permit for the use of a Park or pPark €Facility shall
surrender or turn over possession of the Park or pPark (Facility to any person
having possession of a valid permit from the Director. It shall be unlawful for any
person not having a pen-nit from the Director to refuse to or fail to surrender the
use of such Park or pPark #Facility to any person who has a permit for the use of
such Park or pPark #Facility from the Director.
11.04.070 Athletic Leagues — Permit Required.
Any personal, organized to engage in repetitive athletic leagues, groups. athWti6
eGmpetitier+,-or any other organized activity for any type of sport at a designated pPark
area shall first obtain a permit prior to occupying any City Paris or pPark fFacility for
games, practices, clinics, or other related events.
11.04.080 Prohibited Conduct
It shall beis unlawful for any person or group of people to conduct, perform or participate
in any of the following activities at any Park. pPark #Facility, or Beach, unless otherwise
authorized to do so by the Director.
A. Hit, strike or chip a golf ball except in designated areas for such purposes.
B. Rollerblade, roller skate or skateboard on any public tennis or sport court.
C. Remove, damage or destroy any athletic equipment or paraphernalia provided by
the City for use, this section shall not apply to an employee of the City who
removes athletic equipment, or paraphernalia while engaged in the course and
scope of his or her employment.
D. Play basketball on any outdoor public basketball court within three hundred 300
feet of any residentially zoned parcel, between sunset or 7seven p.m., whichever
is later, and 8eight a.m.
E. Use any Park or PPark fFacility for which a City fee is charged or City permit is
required without first having paid the required fee or having received any required
permit.
F. Drive, propel, ride or park or leave standing any bicycle, or any vehicle propelled
by a motor except in areas designated for such purposes, however, this section
shall not apply to an employee of the City acting in the course and scope of his or
her employment, or to activities authorized by a special event permit issued
4
pursuant to the provisions of Chapter 11.03 of this Code. This section does not
permit public parking of event attendees.
G. To Smoke or be Smoking.viti;ip tiwea fwe (251 feet Gf ^ playgF^• ^', and '_^ feet
of c eaF;�; seR:teF, eF;R— any -!- ildin"r- a- Fet1+e^ "^^r ^^_
plaG"FGhib+tiag smaking. The DiFestGF -- shall have 'the a 'the . •e El«;^^^•^
btAdjPgs -eF poFtie,ts -them; ewe sm9 As- prehibiie&
H. Camp or lodge except in places designated for such purposes and with speck
permission from the City to do so.
I. Conduct or Pe worm any Instructional Activity in a Park. Park Facility. or on a Beach
without first obtainino a written agreement from the Director to conduct or Derform
said Instructional Activity in a Park. Park Facility. or on a Beach.
J. Continuino to conduct or Denorm anv event. activity. behavior or conduct 'that is
determined to be unsafe. a nuisance. or a disturbance to the oublic by the Director.
a Park Patrol Officer. Code Enforcement Officer. or oeace officer after first issuing
a verbal or written wamino to the person or group of people conducting or
performing the event, activity. behavior or conduct that has been determined to be
unsafe, a nuisance. or a disturbance to the public.
11.04.090 Violation of Rules and Policies of Department.
No person shall disobey or violate any of the rules, policies or regulations of the
ReGreatien- &- ,Senior- SeFvices- Depart raeaEissued by the Director governing the use and
enjoyment by the public of any pPark. eF -pPark (Facility, or Beach.
11.04.100 Ejection.
Any person who violates any of the prohibited conduct provisions in this GChapter shall be
guilty of disorderly conduct and may be ejected from the pPark, Park Facility. or Beach by
the Director, a Park Patrol Officer. a Code Enforcement Officer or a peace officer.-eF his
eF- heF- designee GF t e PGliGe DepaFtmeFtt.
11.04.110 Prohibition Against Obstructing Performance of City Employee.
No person shall willfully delay or obstruct any City employee in the performance of his or
her duties in a Park. pPark €Facility. or on a Beach.
11.04.120 Exemption.
The provisions of this eChapter shall not apply to an employee of the City acting in the
course and scope of his or her employment, or to activities or programs of the Recreation
and& Senior Services Department or authorized by a Special Event permit issued by the
Director pursuant to the provisions of Chapter 11.03 of this Code.
11.04.130 Penalty
A. Any violation of this Chapter is subiect to those remedies provided for in Chapters
1.04 and 1.05 of this Code in addition to any other remedies allowed by State and
Federal law.
B. Any violation of this Chapter is hereby declared to be a public nuisance.
SECTION 3: 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 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 of the City, and it shall be effective thirty (30) 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 2011, and adopted on the
day of 2011, by the following vote, to wit:
AYES, COUNCILMEMBERS
NOES, COUNCILMEMBERS
ABSENT COUNCILMEMBERS
n
MAYOR
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
By
DAVID R. HUNT. CITY ATTORNEY
ATTEST:
LEILANI I. BROWN, CITY CLERK
ATTACHMENT B
ORDINANCE NO. 2011-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH AMENDING CHAPTER 11.04 OF TITLE
11 OF THE NEWPORT BEACH MUNICIPAL CODE,
PERTAINING TO RULES AND REGULATIONS FOR
PARKS, PARK FACILITIES AND BEACHES
SECTION 1: LEGISLATIVE FINDINGS
The City Council, in adopting this Ordinance makes the following findings:
A. The City of Newport Beach presently owns and operates 73 parks and recreational
facilities in the City to serve residents and visitors alike and is in the planning stages
to build additional parks and recreational facilities.
B. The City of Newport Beach has 6.7 miles of ocean beaches and 2.5 miles of bay
beaches which annually attract up to ten million beach visitors.
C. In order to ensure the maximum public use and enjoyment of the City's public
parks, beaches and recreation facilities, the City Council finds it necessary to
establish rules and regulations governing their operation and use.
D. The City Council also finds it necessary to provide a method to enforce these rules
and regulations by providing peace officers, code enforcement officers and park
patrol officers with the authority to cite residents and visitors for violating these rules
and regulations.
NOW THEREFORE, in consideration of the findings made in SECTION 1, the City
Council of the City of Newport Beach hereby ordains as follows:
SECTION 2: Chapter 11.04 of the Newport Beach Municipal Code is hereby amended, in
full, to read as follows:
Chapter 11.04
PARKS, PARK FACILITIES, AND BEACHES —RULES AND REGULATIONS
Sections
11.04.010
11.04.020
11.04.030
11.04.040
11.04.050
11.04.060
Intent and Purpose.
Definitions.
General Administration
Park Hours.
Closed Park Areas.
Permit Requirement.
11.04.070 Athletic Leagues — Permit Required.
11.04.080 Prohibited Conduct.
11.04.090 Violation of Rules and Policies of Department.
11.04.100 Ejection.
11.04.110 Prohibition Against Obstructing Performance of City Employee.
11.04.120 Exemption.
11.04.130 Penalty.
11.04.010 Intent and Purpose.
It is the policy of the City of Newport Beach to allow maximum public use of the City's
public Park Facilities and Beaches subject to rules and regulations necessary for
administration and maintenance of the City's public Park Facilities and Beaches. All
persons using the City's public Park Facilities and Beaches shall comply with the
provisions of this Chapter in addition to any other provisions contained within this Code.
Consistent with the provisions of this Chapter, the Director shall be responsible for
administering the use of the City's public Park Facilities and Beaches and shall be
authorized to enforce this -Chapter and establish and enforce policies, rules and
Regulations regarding the use and administration of the City's public Park Facilities and
Beaches.
11.04.020 Definitions.
For the purposes of this chapter, the following words and phrases shall have the meaning
set forth in this section.
"Beach" or "Beaches" means any public oceanfront or bay front beach within the City of
Newport Beach, including municipal piers, public walkways and strands adjoining beach
areas.
"Director" means the Director of the Recreation and Senior Services Department, or his or
her designee.
"Instructional Activity" means any educational or recreational program or activity involving
individual, team, or group instruction that is conducted or performed when there is
monetary or other consideration provided for participation in the program or activity.
"Park" or "Park Facility" means all publicly owned or leased property, grounds, parking lots,
roadways, venues, bike paths, walking or hiking trails, parks and park - related buildings,
facilities and improvements, together with the sidewalks or walkways abutting or adjoining
the same, and any school facilities when they are in use as recreational or community
center facilities and under the control of the Director.
"Park Patrol" and "Park Patrol Officer means and includes the park patrol officers
authorized under Municipal Code Section 1. 12.020 of Chapter 1.12.
"Person" means an individual, group, organization, association, corporation or any
business entity.
"Regulations" means the provisions of this Chapter and such rules, policies and
regulations established from time to time by the City Council or the Director for the
administration of this Chapter.
"Smoke" or "Smoking" means the carrying or holding of a lighted pipe, a lighted cigarette
or lighted cigarette of any kind, or any other lighted smoking equipment, and a lighting of a
pipe, cigar or cigarette, of any kind, and, inhaling, emitting, or exhaling the smoke of a
pipe, cigar, or cigarette of any kind or any other smoking equipment.
11.04.030 General Administration.
A. Any activity held at a Park, Park Facility, or Beach will be conducted according to
the Regulations of this Chapter and all applicable laws, including fire and safety
regulations and applicable municipal code provisions.
B. Any person or group of people violating the Regulations or conditions of any permit
shall be subject to the immediate revocation of Park or Park Facility use privileges
and the City will retain all fees previously paid.
C. Any person using a Park or Park Facility shall be responsible for paying for any
damage to or loss of City property connected with such use.
D. When groups or organizations desire to use a Park or Park Facility on an ongoing
basis, such use shall be subject to the Director's approval through a separate Park
or Park Facility use agreement.
E. Use of a Park or Park Facility for group activities or events shall not interfere with
the public enjoyment of the Park or Park Facility; detract from the health, safely,
welfare or recreation of the general public; cause unusual or extraordinary expense
to the City; nor draw crowds in excess of the capacity of the Park or Park Facility.
F. Scheduling procedures, use regulations and application processes for City Park
and Park Facilities shall be determined by the Director.
11.04.040 Park Hours.
No person shall enter or remain upon any Park or Park Facility between the hours of
eleven (11:00) p.m. and six (6:00) a.m.
11.04.060 Closed Park Areas.
When necessary for the protection of the public interest, health, or welfare, the Director
shall have the authority to close from public access or use, any Park, Park Facility, or
portion thereof, on a temporary basis. No person shall enter or remain upon areas posted
or publicly noticed as closed.
11.04.060 Permit Requirement.
A. The Director may issue permits allowing use of a Park or Park Facility by one or
more persons to the exclusion of others in connection with planned social
occasions such as birthday parties, programs and recreational activities. No person
other than the person authorized by the permit shall enter or remain on designated
Park or Park Facility areas during the period covered by the permit. All Park or Park
Facility use permits issued may only be used by the permit holder. Director permits
are non - transferable.
B. The Director shall have the authority to post reservation notices at a Park or Park
Facility notifying the public that a Park or Park Facility is reserved for exclusive use
during a specified time period, pursuant to a permit. No person shall disobey any
reservation notice posted or issued by the Director relating to the use of any Park or
Park Facility, site, tables or other public accommodations identified in the permit.
C. Any person not having a permit for the use of a Park or Park Facility shall surrender
or turn over possession of the Park or Park Facility to any person having
possession of a valid permit from the Director. It shall be unlawful for any person
not having a permit from the Director to refuse to or fail to surrender the use of such
Park or Park Facility to any person who has a permit for the use of such Park or
Park Facility from the Director.
11.04.070 Athletic Leagues — Permit Required.
Any person organized to engage in repetitive athletic leagues, groups, or any other
organized activity for any type of sport at a designated Park area shall first obtain a permit
prior to occupying any City Park or Park Facility for games, practices, clinics, or other
related events.
11.04.080 Prohibited Conduct.
It is unlawful for any person or group of people to conduct, perform or participate in any of
the following activities at any Park, Park Facility, Beach, unless otherwise authorized to do
so by the Director.
A. Hit, strike or chip a golf ball except in designated areas for such purposes.
B. Rollerblade, roller skate or skateboard on any public tennis or sport court.
C. Remove, damage or destroy any athletic equipment or paraphernalia provided by
the City for use, this section shall not apply to an employee of the City who
removes athletic equipment, or paraphernalia while engaged in the course and
scope of his or her employment.
D. Play basketball on any outdoor public basketball court within three hundred (300)
feet of any residentially zoned parcel, between sunset or seven p.m., whichever is
later, and eight a.m.
E. Use any Park or Park Facility for which a City fee is charged or City permit is
required without first having paid the required fee or having received any required
permit.
F. Drive, propel, ride or park or leave standing any bicycle, vehicle propelled by a
motor, except in areas designated for such purposes, however, this section shall
not apply to an employee of the City acting in the course and scope of his or her
employment, or to activities authorized by a special event permit issued pursuant to
the provisions of Chapter 11.03 of this Code. This section does not permit public
parking of event attendees.
G. To Smoke or be Smoking.
H. Camp or lodge except in places designated for such purposes and with specific
permission from the City to do so.
I. Conduct or perform any Instructional Activity in a Park, Park Facility, or on a Beach
without first obtaining a written agreement from the Director to conduct or perform
said Instructional Activity in a Park, Park Facility, or on a Beach.
J. Continuing to conduct or perform any event, activity, behavior or conduct that is
determined to be unsafe, a nuisance, or a disturbance to the public by the Director,
a Park Patrol Officer, Code Enforcement Officer, or peace officer after first issuing a
verbal or written warning to the person or group of people conducting or performing
the event, activity, behavior or conduct that has been determined to be unsafe, a
nuisance, or a disturbance to the public.
11.04.090 Violation of Rules and Policies of Department.
No person shall disobey or violate any of the rules, policies or regulations issued by the
Director governing the use and enjoyment by the public of any Park, Park Facility, or
Beach.
11.04.100 Ejection.
Any person who violates any of the prohibited conduct provisions in this chapter shall be
guilty of disorderly conduct and may be ejected from the Park, Park Facility, or Beach by
the Director, a Park Patrol Officer, a Code Enforcement Officer or a peace officer.
11.04.110 Prohibition Against Obstructing Performance of City Employee.
No person shall willfully delay or obstruct any City employee in the performance of his or
her duties in a Park, Park Facility, or on a Beach.
11.04.120 Exemption.
The provisions of this chapter shall not apply to an employee of the City acting in the
course and scope of his or her employment, or to activities or programs of the Recreation
and Senior Services Department or authorized by a Special Event permit issued by the
Director pursuant to the provisions of Chapter 11.03 of this Code.
11.04.130 Penalty
A. Any violation of this Chapter is subject to those remedies provided for in Chapters
1.04 and 1.05 of this Code in addition to any other remedies allowed by State and
Federal law.
B. Any violation of this Chapter is hereby declared to be a public nuisance
SECTION 3: 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 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 of the City, and it shall be effective thirty (30) 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 2011, and adopted on the _ day
of 2011, by the following vote, to wit:
AYES, COUNCILMEMBERS
NOES, COUNCILMEMBERS
ABSENT COUNCILMEMBERS
7,Ti m
APPROVED AS TO FORM:
OFFICE OF TIJPCITY ATTORNEY
sy
D D R. HUNT, CITY ATTORNEY
ATTEST:
LEILANI I. BROWN, CITY CLERK
Attachment C
CITY OF NEWPORT BEACH
Parks, Beaches & Recreation Commission
Regular Meeting
June 21, 2011— 6pm
Convened 6:oipm
ROLL CALL
Present: Marie Marston, Chair
Tom Anderson
Tim Brown
Ron Cole
Bill Garrett
Kathy Hamilton
Phil Lugar
Staff: Laura Detweiler, Recreation & Senior Services Director
Mark Harmon, Municipal Operations Director
Sean Levin, Recreation Superintendent
Teri Craig, Admin Assistant
...EXCEERPT OF DRAF 1 AD7VUT'E's OF 6 121141...
NEW / CONTINUED BUSINESS
6. Rules & Regulations for Parks, Park Facilities and Beaches. Director Detweiler
stated this item requests review of multiple amendments to Chapter 11.04 pertaining
to use of parks, facilities and beaches and requested a recommendation be forwarded
to the City Council for their final approval. She noted that Chapter 11.04 was last
reviewed in 2004 and staff is now recommending several updates to ensure effective
programming and management of facilities. Director Detweiler reviewed the
amendments, some general language clean -up, inclusion of definitions for beaches,
instructional activity and smoking and the addition of prohibitive conduct to include
smoking in the parks which was recommended by EQAC and forwarded to City
Council who directed staff to examine the issue. She reviewed some additional
changes with the Commission and asked that 11.04.o8o Prohibitive Conduct; delete
or other public property and F. delete the addition of or remote controlled device as
staff believes that it will be covered under J. that refers to unsafe activities. She noted
that recommendations to City Council will include a first and second reading and with
changes becoming effective 3o days thereafter. She reminded the Commission that
staff received two correspondences regarding this item and were placed at each
Commissioners seat.
Chair Marston asked for the reasons behind these changes. Director Detweiler stated
that some language needed to be updated; adding no smoking in the parks and
strengthening language regarding necessary agreements for those wishing to teach
recreational activities in the parks and at the beach for monetary gain. She also stated
that beaches were added as staff programs recreational classes on the beach.
Commissioner Garrett questioned agreements being required for all commercial
activities and the cost to permit out park space being restrictive and problematic.
Discussion ensued regarding the process for obtaining agreements with the City for
fee based instructional activity and the fee structure for reserving parks and facilities
were meant to minimize commercialization of public facilities.
Commissioner Brown stated that the problem arises when personal trainers are
making money on public property without remuneration to the City.
Commissioner Anderson stated as far as using the parks' for personal gain he
witnesses this with his involvement in youth sports and how it creates conflicts.
Frequently permitted users who are paying fees for use of the park will notice a guy
out in the field using their goals with kids and come to find out they are charging
them $75 an hour and never contribute to the maintenance of the fields and have no
insurance in place like the youth organizations and club teams that reserve the fields
for their use. He went on to say these permitted youth groups end up policing
themselves as they have paid for the use of the field and are upset that they are
following the rules and these rougue groups don't they have to pay a dime. He
explained that it is good to have the rules in place and because their use is for
financial gain they should have to pay the same fees to the City to help maintain
facilities. Commissioner Anderson asked if the correspondence that was received
would be forward to the City Council as part of the staff report. Director Detweiler
stated yes.
Discussion ensued regarding the use of the beach by large groups such as AA, their
non -profit status and not being a commercial activity.
Chair Marston opened the public discussion.
Dan Purcell stated that he would encourage the Commission to support this ordinance. He
noted that he and his neighbors see personal trainers at the beach one day with one person
and the next with three people, money is exchanging hands, the extra traffic it brings, and
parking. He went on to say that these changes in the ordinance will provide some teeth to get
some of these rogue trainers under control and that of course it will require residents to
observe and be participants in the enforcement. Mr. Purcell stated that he does not appreciate
people commercializing the beach or parks and again urged the Commission to forward these
changes to Council for approval.
Chair Marston closed the public discussion.
Motion by Commissioner Brown that the omnibus changes of Chapter 11.04 of the
Newport Beach Municipal Code approved as presented and forward to City Council for their
approval and first reading. Motion carried by acclamation.
_END OF EXCERPT OF DRAFT 6/24/'09 MINUTES...
Comments on Omnibus Changes to Municipal Code 11.04
(draft ordinance attached as Item 6 to PB &R Agenda for June 7/21, 2011)
Comments by: Jim Mosher( ;June 21,201 l
Section 11.04.010 Intent and Purpose
This seems excessively wordy, and could be rewritten to avoid the repetitive references to "the
City's public Park Facilities and Beaches."
Section 11.04.020 Definitions
L The current code seems to occasionally want to make a distinction between "Parks" and
"Park Facilities" without clearly defining what is meant by either. The author of the
amendment has attempted to avoid the problem by replacing each instance of these terms
by the wordier "Parks or Park Facility" throughout the chapter. Both the problem and the
wordy solution could be avoided by giving a clear definition of what is meant by a "park"
and then, if that is the intent, adding to the definition that it includes park - related facilities
(explaining what is meant by that). The body of the chapter could then simply refer to
"Park(s)" (and "Beach(es)" where appropriate), without separate references to "Park
Facilities" since they would be automatically encompassed in the term "Park(s)."
In any event, the existing definition "Park or Park Facility" is muddled since the initial
reference to "all publicly owned property" would seem to encompass everything owned
by the City (cf. definition of "City property" in Sec. 11.03.030), but enumeration that
follows appears to limit the scope in this chapter to certain kinds of city owned or
controlled property. Likewise the punctuation of the newly added "abutting or adjoining'
clause makes it is unclear if the it refers to abutting or adjoining all City property, or only
park - related property, whatever "park" may mean.
Again, it would seem wise for the Commission to offer the Council a clearer definition of
what a park is. For example, does it include open space, and do the facilities include
public buildings that would normally not be thought of as park related, such as Civic
Centers, Libraries and Police and Fire Stations?
2. The definition of "Park Patrol" and "Park Patrol Officers" is interesting but does not seem
to be used anywhere in Title 11,
3. It would seem wise to condense "Smoke or Smoking" to "Smoking" since the reference
to the term in Sec. 11 .04.080 (which is the only reference) could Bien he reduced from
the slightly silly proposed "G. To smoke or be smoking" to the more straightforward "G.
Smoking"
11.04.030 General Administration.
"E Use ofporkfacilitiesfor group activities or events shall not interfere with ilia public
enjoyment ofthe park" conflicts with Sec. 11.04.060A giving the Director authority to issue
permits giving one person to use a park to the exclusion of others.
11.04.080 Prohibited Conduct.
I. Inclusion of the new phrase "or other public property" in the opening sentence seems to
make this all - encompassing and seems to give the Director control over facilities and
property that may not be park - related. This would not be unprecedented: for example,
Mun. Code 11.08.040, ostensibly related to beaches, appears to make it unlawful to sleep
in a vehicle anywhere in the City. But it is unclear if this broadness of scope is
intentional here or if the Council would want to give the Director such authority.
Likewise, the Director appears to be given the authority to waive the prohibitions, such as
that on smoking, in or on all City -controlled property, not just parks.
2. The Municipal Code already has restrictions on smoking in Chapter 6.25 (Regulation of
Smoking in Public Areas and Work Places) and Section 11.08.080 (Smoking on City
Beaches, Municipal Piers, Public Floats and Public Wharves). It is unclear if the
Commission will be recommending that Council repeal Section 1 L08.080 as part of
adopting the proposed amendments to Chapter 11.04, or if not, how the conflicts between
the two will be resolved. For example, under Section l 1.08.080 only the Council had the
authority to designate smoking areas on piers or beaches.
3. The phrase beginning "this section shall not apply in 11.04.080.F is unnecessary
because the some exemption, applicable to the entire Chapter, is already specified in
Section 11.04.120.
4. In general the wording of Section 11.04.080 is very awkward since some of the
prohibitions are obviously intended to apply to very limited areas (in contradiction to the
opening sentence). It would seem wise to begin with the prohibitions of limited scope,
then supply a section of prohibitions applicable to all Parks and Benches (with possibility
of waiver by the Director), and finally a section applicable to all public property (which
may or may not be at the discretion of the Director).
Miscellaneous note: other prohibitions on use of parks appear in other Chapters and Titles of the
Municipal Code. For example, Sec. 11.08.0 10 would seem to limit the placement of sports
equipment and possibly even sunshades without permission by the City Manager.
Craig, Teri
From: James Vanover Ilamvanover@gmail.comj
Sent Tuesday, June 21, 2011 11:18 AM
To: Recreation; mhenn527 @hotmail.com; !Off, Dave
Subject Fwd: Private Gasses, smoking may be banned from Newport beaches, parks
Gentlemen:
What about rehab meetings on the beach' ?' ?7 They're certainly
for - profit. Not to mention all of the smoking that they do at Newport Elementary School's playground and
boardwalk. We have seen the clients of these rehabs be rude, disrespectful, combative and intimidating to
residents and children using the playground and the beach. These rehabs are all about profit at the community's
expense and they certainly have a negative impact on the beach and people wishing to enjoy the beach. If your
stopping a small fitness group from working out on the beach [hen you certainly MfJST stop the drug rehab
meetings at the beach involving 50-60 people.
Please address this in your Park & Rae meeting and the City Council. Thank you!
Private classes, smoking may be banned from Newport beaches, parks
June 20 2011, 11.09 PtvI PDT
Personal [miners and others may have to get permission from the city if
they want to hold classes on beaches or parks in Newport Beach.
The complete article can be viewed at:
huo: / /dailyni lot.trb.coni/news/tn -dnt -0621 - narks- 20110620.0.5600205.story
Visit Daily Pilot at hap: / /dnilvoilot.irb.com
Brown, Leilani
Fods,s "w,�b a3u,a €�s.�u'9
From:
Denys Oberman [dho @obermanassociates.com]
Sent:
Friday, June 24, 2011 6:49 PM
To:
mhenn527 @hotmail.com; Nancy Gardener; Daigle, Leslie; Hill,
Rush; Curry, Keith
Cc:
Kiff, Dave; Hunt, David; Brown, Leilani
Subject:
Proposed Rules and Regulations for Parks,Park Facilities and
Beaches - PLEASE DISTRIBUTE AND
ENTER INTO PUBLIC RECORD
Importance:
High
Mayor and City Council,
We appreciate the June 7,2011 Staff Report and Recommendations proposing amendments to Chap. 11.04 of Title 11 of
NBMC. We have the following comments:
-Under b., Definitions, we request:
1. "Beach or beaches" be amended to also include "streets and alleys adjoining public walkways'. Many individuals and
groups who are aware of smoking restrictions simply step off the walkway and stand in the street smoking. Without this,
the public is not remedied from nuisance and health hazard of second hand smoke inhaled at close proximity.
2. " Instructional activity" be amended to include , "or organized regularly scheduled group activity ", and also, "that is
regularly conducted or performed by a for or nonprofit entity ".
- Require "any regularly scheduled activity or other organized activity administered by an entity of a for or not - for - profit nature to
obtain a Conditional Use Permit for any anticipated participation greater than 6
Individuals."
- Modify Discussion on page 3 to include: "individuals or organizations using public parks and beaches for financial gain or other
organizational purpose"
- Lastly, we request clarification of the nature of the violation: is it an infraction, subject to citation, fines , and abatement or
prohibition for progressive violations.
We applaud staff and the City Council for addressing this issue to protect public health and safety, reduce burden on both city
and its residents, and preserve environmental quality and attractiveness of our valuable beach and park area resource.
Thank you
Denys Oberman
Newport Beach resident and stakeholder
Email: dho(aDobermanassociates.com
CONFIDENTIALITY NOTICE: The documents accompanying this transmission contain confidential information belonging to the sender which is legally
privileged. The information is intended only for the use of the individual or entity named above. If you are not the intended recipient, you are hereby notified
that any disclosure, copying, distribution or the taking of any action in reliance on the contents of this telecopied information is strictly prohibited. If you have
received this transmission in error, please notify us immediately at 9491476.0790 or the electronic address above, to arrange for the return of the
document(s) to us.
Brown, Leilani
From: Kiff, Dave
Sent: Sunday, June 26, 2011 6:16 PM
To: 'Jim Stratton'
Cc: Dept - City Council; Brown, Leilani
Subject: RE: Organized meetings and smoking at beaches and parks
Hi Jim —
Thanks for your e -mail. Just so you know, this item is not on the Council's agenda on Tuesday night. Someone is confused
about an item working its way to the Council from the Parks, Beaches, and Recreation Commission. It has not yet been set for
the City Council's agenda. .
That said, we will enter your comments in the record should the proposal make it to the Council.
Dave Kiff
City Manager
From: Jim Stratton fmailto:jaimest(&mac.comj
Sent: Sunday, June 26, 20116:06 PM
To: I brown (a)citynewportbeach.ca.gov; Kiff, Dave; Henn Mike; Hill, Rush; Rosansky, Steven; Daigle, Leslie; Selich, Edward;
Gardner, Nancy; Curry, Keith
Subject: Organized meetings and smoking at beaches and parks
There is an e -mail going around urging residents to express the following regarding smoking and meetings on and
around the beach:
1. NO SMOKING ON BEACHES, PARKS AND SURROUNDING WALKWAYS, STREETS AND ALLEYS
2. NO ORGANIZED FOR OR NOT- FOR - PROFIT GROUP ACTIVITY WITHOUT APPROVAL. ALL REGULARLY
SCHEDULED ACTIVITIES REQUIRE USE PERMIT
3. VIOLATION TO INCLUDE CITATION AND PROGRESSIVE FINES. REPEATED VIOLATION OF MORE THAN 3 -4 x
CAUSE REVOCATION OF APPROVAL
Re: #1 No smoking on beaches, parks and adjacent walkways we fully support. To add "surrounding streets and alleys" is too
restrictive and vague. Perhaps something like "no smoking within 50 feet of a beach or park" would be more appropriate.
Re: #2, We strongly object to "No organized group activity without approval." This would eliminate impromptu beach parties or
gatherings by churches, clubs or any organized group. This is overly restrictive. We're not sure what positive effect there would
be by requiring a permit for regularly scheduled meetings either.
We cannot attend the council meeting tomorrow night to personally voice our opinion because we are picking up our son and
daughter -in -law at LAX at that time.
Thank you for listening.
Jim and Pam Stratton
315 Alvarado Place
NB, 92661
949 673 -3636
RMERICRN CRNCER SOCIETY
IAmerican
Cancer
Soeiety
July 12, 2011
Honorable Mayor and Members of the City Council
3300 Newport Blvd
Newport Beach, CA 92663
Honorable Mayor and Members of the City Council,
949 756 0664 P.02/02
"RECEWED AFT k/ AG NOA
.
ED
a I
PRi Tr� �#
€ >W is e IT ED.
The American Cancer Society enthusiastically supports a smoking ban in parks and beaches in
Newport Beach, as such a ban would protect public health by reducing secondhand smoke
exposure to park and beach patrons,
Secondhand smoke is a proven health risk, Secondhand smoke contains over 4,000 chemicals,
more than 50 of which are known or suspected human carcinogens. In 2007, the U.S. Surgeon
Generals report on environmental tobacco smoke (ETS) found that there is no risk -free level of
secondhand smoke exposure. Even brief exposure to secondhand smoke has immediate adverse
health effects on adults and children. Each year, over 3,400 non - smoking adults in the United
States will die of lung cancer as a result of breathing secondhand smoke. Secondhand smoke is
also especially hazardous to children, individuals with asthma and other chronic illnesses, pregnant
women, and the elderly. Additionally, the California Air Resources Board identified secondhand
smoke as a toxic air contaminant, an airborne toxic substance that may cause and/or contribute to
death or serious illness.
Smoking is the leading cause of preventable of death in both men and women. Lung cancer kills
over 13,000 Californians each year, and overall, one out of every three cancer deaths is due to
tobacco.
In addition to protecting to the health of non - smokers, banning smoking in parks and beaches will
also protect the health of smokers- by creating healthier spaces that will help smokers who are
trying to quit. Smoke-free parks and beaches will also establish a healthy environment for
impressionable youth, setting a healthy, smoke -free example for children.
We urge your support for a complete smoking ban in Newport Beach parks and beaches as you
have the power to enact strong policies that will protect the health of their community.
The American Cancer Society is the nationwide community -based voluntary health organization
dedicated to eliminating cancer as a major health problem by preventing cancer, saving lives, and
diminishing suffering from cancer through research, education, advocacy, and service.
Sincerely,
Maggie Acuna
Field Advocacy Director
Orange County Region
1940 E. Deere Ave., Suite 100 Santa Ana, CA 92705
949.261.2446 option 3/ fax 949.261.9419
Cancer Information 1.800_AC5.2345 www.cancer.org
TOTRL P.02