HomeMy WebLinkAbout2009-23 - 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 PlaceORDINANCE NO. 2009-23
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 131' day of October, 2009, and adopted on the 27'" day of October
2009, by the following vote, to wit:
AYES, COUNCILMEMBERS Henn, Cueryy..Rosansky,Gardner, Daigle,Mayor Selich
NOES, COUNCILMEMBERS N..w
ABSENT COUNCILMEMBERS Webb
ATTEST:
2
LEILANI BROWN,
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
STATE OF CALIFORNIA }
COUNTY OF ORANGE } as.
CITY OF NEWPORT BEACH }
I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby
certify that the whole number of members of the City Council is seven; that the foregoing ordinance,
being Ordinance No. 2009 -23 was duly and regularly introduced on the 13th day of October, 2009,
and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly
held on the 27th day of October, 2009, and that the same was so passed and adopted by the following
vote, to wit:
Ayes: Henn, Curry, Rosansky, Gardner, Daigle, Mayor Selich
Noes: None
Absent: Webb
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 28th day of October, 2009.
(Seal)
City Clerk v
City of Newport Beach, California
CERTIFICATE OF PUBLICATION
STATE OF CALIFORNIA }
COUNTY OF ORANGE } as.
CITY OF NEWPORT BEACH }
I, LEILANI I. BROWN, City Clerk of the City of Newport Beach, California, do hereby certify
that Ordinance No. 2009 -23 has been duly and regularly published according to law and the order of
the City Council of said City and that same was so published in The Daily Pilot, a daily newspaper of
general circulation on the following date, to wit: October 31, 2009.
In witness whereof, I have hereunto subscribed my name this b". day of
ill'
A ` .
City Cler c
City of Newport Beach, California