HomeMy WebLinkAbout14 - No Smoking RegulationsCITY OF
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Agenda Item No. 14
April 10, 2012
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Recreation and Senior Services
Laura Detweiler, Director
949 - 644 -3157, Idetweiler(a)newportbeachca.gov
APPROVED: . O. Y-AA
TITLE: Enforcement of Chapter 11.04 No Smoking Regulations
ABSTRACT:
City Council approved Chapter 11.04 changes of the Newport Beach Municipal Code on
February 28, 2012 pertaining to rules and regulations for parks, park facilities, and
beaches which now prohibits smoking on a park or beach and within 100 feet of these
areas which became effective March 29, 2012. The attached memo responds to City
Council's request for an outline of how these regulations will be enforced.
RECOMMENDATION:
Receive and file.
FUNDING REQUIREMENTS:
There are no additional appropriations being requested related to this item. However,
enforcement will be fairly resource intensive at the onset with existing Police
Department, Code Enforcement and Park Patrol staff providing education and
enforcement related to the new smoking restrictions in parks and adjacent to the
beachfront.
DISCUSSION:
Chapter 11.04 changes pertaining to rules and regulations for parks, park facilities and beaches
became effective March 29, 2012. City Council requested staff provide an overview of how
enforcement will be handled as it relates to smoking around the commercial areas along the
Balboa Peninsula. The cooperative efforts of all involved City Departments as described in the
attached memo will provide for a well - publicized program and notified public of the new
ordinance in an effort to gain compliance.
Enforcement of Chapter 11.04 No Smoking Regulations
April 10, 2012
Page 2
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)
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:
C 1
aura Detweiler, birector
Recreation & Senior Services Department
Attachment: A. City Manager Memo -ENFORCEMENT OF SMOKING REGULATION CHANGES dated March 26, 2012
Attachment A
CITY OF NEWPORT BEACH
,6 E a °,f.
TO: HONORABLE MAYOR GARDNER AND CITY COUNCIL
FROM: Dave Kiff, City Manager
DATE: March 26, 2012
RE: ENFORCEMENT OF SMOKING REGULATION CHANGES
Chapter 11.04 pertaining to rules and regulations for parks, park facilities and beaches
will take effect March 29, 2012. City Council requested staff provide an overview of
how enforcement will be handled as it relates to smoking around the commercial areas
along the Balboa Peninsula.
Police Department, Park Patrol and Code Enforcement staff will work collaboratively to
educate the public regarding smoking regulations. As a general rule, they will educate
the public in the normal course of their duties city wide to include public parks and
beaches through educational cards as shown below, modification of existing
regulation signs, press releases and notifications to local business and homeowners
associations along the peninsula. Existing park and beach regulation signs will be
modified through use of a sticker stating the no smoking rules. As new signs are added
or replaced, the updated language will be included. Additionally, an "A" frame sign
will temporarily be placed at 151h street and both piers to help with education and
enforcement. At this time, we do not envision needing to mark the end of the 100'
zone, but we can revisit that as needed. Our goal is to seek cooperative compliance
with the new ordinance through education of the public.
Specifically, Police Department staff will reach out to representatives of groups who
may frequent the beach area, particularly around 151h Street to ensure group members
are aware of the ordinance and its provisions, and to seek their voluntary compliance.
On the effective date of the new ordinance, the Police Department will assign a patrol
beat unit in the area of 15th Street adjacent to the beach as well as the two pier areas
where businesses are located, to conduct periodic patrol checks and make contact
with citizens where necessary to provide educational information of the new ordinance.
During the weekend of March 31, the beat unit will make contact with the NA /AA
groups gathering at the beach to educate them about the new ordinance changes.
During the early stages following the effective date, staff will continue to educate with
any enforcement action (citations) to be used sparingly, if at all, as the need arises. If
necessary, the Police Department will conduct a few enforcement operations early on
City Hall o 3300 Newport Boulevard o Post Office Box 1768 o Newport Beach, California 92659 -1768
ENFORCEMENT OF SMOKING REGULATION CHANGES
March 26, 2012
Page 2
to help deliver the message that these regulations will be strongly enforced to continue
the education campaign.
While at our parks and recreation facilities and when assigned to CDM State Beach,
Park Patrol will also play a role in the enforcement of the new smoking regulations. Park
Patrol Officers observing smoking in the parks or within 100 feet of a park, will educate
the person or group of the new regulations and issue a verbal or written warning to
cease smoking. Additionally, patrons will be issued an educational card that reminds
them that smoking is not permitted in our parks and on our beaches or within 100 feet of
those. Refusal to comply and /or repeat offenders will be issued an Administrative
Citation. The cooperative efforts of all involved City Departments will provide for a well -
publicized program and notified public of the new ordinance and gain their voluntary
compliance.
Educational Card:
Please help us keep our parks /beaches safe > -
and clean by abiding by these regulations: 0
- .I
1 � 3
No BBQ's allowed at No Alcohol No Smoking (T NO) §PEN �Fj1RESt,
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FIRE FIRE Pt OFSIGNA4 ED
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pits. NO PALLET -
BURNING &
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BRIQUETTES