HomeMy WebLinkAbout23 - Prohibiting Interference with Public Access, Unpermitted Structures on Public Property and Certain Conduct on Public Property; and Council's Approach to People Experiencing HomelesQ SEW Pp�T
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<,FORN'P City Council Staff Report
June 27, 2023
Agenda Item No. 23
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Grace K. Leung, City Manager - 949-644-3001,
gleung@newportbeachca.gov
PREPARED BY: Tara Finnigan, Assistant City Manager,
tinnigan@newportbeachca.gov
Aaron Harp, City Attorney
aharp@newportbeachca.gov
PHONE: 949-644-3001
TITLE: Ordinance No. 2023-11: Prohibiting Interference with Public Access,
Unpermitted Structures on Public Property and Certain Conduct on
Public Property; and Resolution No. 2023-41: Setting Forth the City
Council's Approach to People Experiencing Homelessness
ABSTRACT:
The City of Newport Beach (City) employs a comprehensive strategy to address
homelessness that includes City employees, contractors and partnerships to provide
short- and long-term solutions for people experiencing homelessness, along with
enforcement of City ordinances for the safety and welfare of all community members.
The City Council places the highest priority on addressing this complex issue effectively.
Following recommendations from the City Council Homeless Ad Hoc Committee, the City
Council will consider adopting a resolution that provides guidance related to interactions
with those experiencing homelessness. The City Council will also consider an ordinance
that will help protect the health and safety of all people within the Newport Beach city
limits, ensure that access to public facilities is maintained, and that unpermitted structures
are not maintained on public property.
RECOMMENDATIONS:
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because
this action will not result in a physical change to the environment, directly or indirectly;
b) Waive full reading, direct the City Clerk to read by title only, and introduce Ordinance
No. 2023-11, An Ordinance of the City Council of the City of Newport Beach,
California, Amending Chapter 10.08 to Prohibit Interference with Public Access;
Adding Chapter 10.14 Prohibiting Unpermitted Structures on Public Property; and
Amending Section 11.04.070 to Prohibit Certain Conduct in Public Parks, Park
Facilities and at Public Beaches, and pass to second reading on July 11, 2023; and
23-1
Ordinance No. 2023-11: Prohibiting Interference with Public Access, Unpermitted
Structures on Public Property and Certain Conduct on Public Property; and
Resolution No. 2023-41: Setting Forth the City Council's Approach to People
Experiencing Homelessness
June 27, 2023
Page 2
c) Adopt Resolution No. 2023-41, A Resolution of the City Council of the City of Newport
Beach, California, Setting Forth the City Council's Approach to People Experiencing
Homelessness.
DISCUSSION:
Background
At the March 14, 2023, City Council meeting, the Council adopted Resolution No.
2023-15, reestablishing the Newport Beach City Council Ad Hoc Committee (Committee).
The Committee, comprised of Mayor Noah Blom and Council Members Robyn Grant and
Lauren Kleiman, was tasked with evaluating the services being provided to those
experiencing homelessness via the City's existing contractors and whether additional
services should be provided as part of the City's homeless outreach program.
On June 13, 2023, the Committee presented its recommendations to the full City Council
for its review and comment (Attachment A). The recommendations included creation of a
new policy that sets forth the City Council's approach to addressing homelessness that
would be applied to all contract services. In addition, the City Council considered the
Committee's recommendation for a new ordinance that supports the new policy.
The Council was supportive of the Committee's recommendations and, at the suggestion
of Mayor Pro Tern Will O'Neill, determined that a resolution, rather than a Council Policy,
would be a better vehicle for setting forth the City Council's approach to people
experiencing homelessness. The City Council then directed staff to return with a
resolution that sets forth the Committee's recommendations and an ordinance supporting
the City Council's approach.
Resolution No. 2023-41
In accordance with City Council direction, City staff has drafted Resolution No. 2023-41
(Attachment B), which sets forth the Council's approach to people experiencing
homelessness and provides guidance to staff and contractors working on the City's
homeless outreach program. The resolution places a strong emphasis on helping people
experiencing homelessness in Newport Beach to exit the street by doing the following:
• Continuing to prioritize the acquisition of, or access to, shelter beds
• Ensuring that the first step in interacting with a person experiencing homelessness
is to offer services directed at moving the person toward exiting the street
• Focusing limited funding on City -directed initiatives toward getting the unhoused
off the streets
• Establishing a baseline count of people experiencing homelessness in Newport
Beach in 2023 and conducting a new count annually
23-2
Ordinance No. 2023-11: Prohibiting Interference with Public Access, Unpermitted
Structures on Public Property and Certain Conduct on Public Property; and
Resolution No. 2023-41: Setting Forth the City Council's Approach to People
Experiencing Homelessness
June 27, 2023
Page 3
Ensuring that data is collected so that the effectiveness of the City's homeless
outreach program can be quantified
• Ensuring all contracts with vendors providing homeless -related services are
consistent with the direction provided in this resolution
• Enforcing all laws in fair and equitable manner
The resolution also directs staff to report back to the City Council on progress made
implementing the Council's guidance set forth in the resolution every six months for the
next two years.
Ordinance No. 2023-11
At the June 13, 2023, City Council meeting, business owners and the public raised
concerns regarding lack of access to businesses and the public rights -of -way, as well as
impacts on public property. In addition, the City has received correspondence asserting
that disabled individuals are unable to use the public rights -of -way and must circumvent
unpermitted structures and stored personal belongings in the public rights -of -way.
The Police Department has raised concerns regarding health and safety issues
associated with unsanitary living conditions present in unpermitted structures as well as
sanitation concerns associated with people using restrooms and fountains to bathe,
launder garments and conduct personal hygiene. The Police Department has also raised
concerns about the danger associated with people leaving unattended personal
belongings on public property, which could be flammable or contain other items that pose
a danger to the public. Further, the Police Department and the Recreation and Senior
Services Department have expressed concerns regarding access to bathrooms being
impeded by people lodging in restrooms.
Finally, traffic safety and accessibility concerns have been raised regarding people:
constructing unpermitted structures; storing personal property; and sitting, lying and
sleeping in the public rights -of -way, bike lanes, medians, parkways and adjacent to
cancer treatment facilities, colleges, schools, and day care centers.
The ordinance for consideration (Attachment C) will increase accessibility and protect the
public health, safety and welfare by:
Prohibiting sitting, lying, sleeping or the storing of personal property in areas that
directly impact traffic issues as well as access to cancer treatment centers,
colleges, schools, day care centers, businesses, private property, firefighting
facilities, public restrooms, and bike paths (See, Sections 10.08.010 through
10.08.020).
23-3
Ordinance No. 2023-11: Prohibiting Interference with Public Access, Unpermitted
Structures on Public Property and Certain Conduct on Public Property; and
Resolution No. 2023-41: Setting Forth the City Council's Approach to People
Experiencing Homelessness
June 27, 2023
Page 4
• Prohibiting unpermitted physical structures that are being set up for or occupied as
living accommodations anywhere in the city, at any time, regardless of whether
shelter beds are available (See, Section 10.14.020 (A) and (B)).
• Prohibiting a person from encamping on public property by using camping
paraphernalia, such as tarps and sleeping bags, to facilitate outdoor living without
permission from the City, when shelter is available (See, Section 10.14.020 (D)).
Prohibiting fires in unpermitted areas; lodging in public restrooms; the use of public
fountains, drinking faucets, restroom sinks, and sprinklers to wash dishes,
garments, bathe or conduct personal hygiene; leaving personal property
unattended on public property; and injuring public property (See, Sections
10.14.020 (C) and 11.04.070).
FISCAL IMPACT:
There is no direct fiscal impact related to the adoption of the ordinance or resolution. The
City continues to allocate significant funding to support its comprehensive approach. The
Fiscal Year 2023-24 Budget includes $3.1 million for Outreach Services (City Manager's
Office Account # 0102041) which includes contract outreach services and shelter beds.
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).
ATTACHMENTS:
Attachment A
— Ad Hoc Committee Recommendations
Attachment B
— Resolution No. 2023-41
Attachment C
— Ordinance No. 2023-11
Attachment D — Redlines NBMC Chapters 10.08, 10.14 and Section 11.04.070
23-4
ATTACHMENT A
NEWPORT BEACH CITY COUNCIL HOMELESS AD HOC COMMITTEE RECOMMENDATIONS
OVERALL DIRECTIVES
1. Create a Council Policy for the City's approach to people experiencing homelessness:
a. Focus all efforts and funding on street exits
b. Offer services first
c. Regular and even enforcement of all City & State laws
d. Consistent tracking and reporting across all departments and partners
e. Reallocate funds previously considered for grants for homeless -related services toward City -
run initiatives
f. Perform baseline citywide count & repeat annually
2. Contracts
a. Revise contracts for consistency with the Council Policy
b. Acquire and/or access additional shelter beds
c. Hold vendors and partners accountable to Council policy
3. Code Clarification
a. Consider adoption of new ordinance
COMMUNITY
1. Engage consultant for community education regarding "Good Giving" campaign
OTHER
1. Amend Ad Hoc Committee resolution scope and term
23-5
ATTACHMENT B
RESOLUTION NO. 2023-41
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, SETTING FORTH
THE CITY COUNCIL'S APPROACH TO PEOPLE
EXPERIENCING HOMELESSNESS
WHEREAS, on March 26, 2019, the City Council adopted Resolution No. 2019-
25 establishing a City Council/Citizens' Committee known as the Newport Beach
Homeless Task Force ("Task Force") to study the impacts of homelessness on the City
of Newport Beach ("City") and develop solutions to end homelessness;
WHEREAS, on May 14, 2019, the City Council adopted Resolution No. 2019-42,
increasing the membership of the Committee to three (3) councilmembers and seven
(7) residents;
WHEREAS, on September 14, 2019, the City Council adopted Resolution No.
2019-85 declaring a shelter crisis pursuant to Senate Bill 850 as codified in California
Government Code Section 8698.2;
WHEREAS, on November 12, 2019, the Task Force recommended that the City
Council reconstitute the character, membership, and purpose to form a City Council Ad
Hoc Committee ("Committee");
WHEREAS, on November 19, 2019, the City Council adopted Resolution No.
2019-100 reconstituting the character, membership, and purpose of the Committee;
WHEREAS, pursuant to Resolution 2019-100, the Committee expired on
December 31, 2020;
WHEREAS, at the January 29, 2022, City Council Planning Special Meeting, the
City Council expressed interest in evaluating whether the City's existing programs
adequately serve individuals experiencing homeless within Newport Beach, particularly
in the wake of COVID-19;
WHEREAS, on March 8, 2022, the City Council adopted Resolution No. 2022-
18, reestablishing the Committee, comprised of three (3) members of the City Council,
to evaluate whether the City's established contract services adequately serve
individuals experiencing homelessness within the City;
WHEREAS, pursuant to Resolution 2022-18, the Committee expired on
December 31, 2022, without making a recommendation to the City Council;
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Resolution No. 2023-
Page 2 of 4
WHEREAS, at the February 28, 2023, City Council meeting, the City Council
expressed interest in reestablishing the City Council Homeless Ad Hoc Committee to
evaluate the services currently being provided by the City's contractors and to consider
whether additional contract services should be provided as part of the City's homeless
outreach program;
WHEREAS, on March 14, 2023, the City Council adopted Resolution No. 2023-
15, reestablishing the Committee, comprised of three (3) members of the City Council to
evaluate whether the City's established contract services adequately serve individuals
experiencing homelessness within the City; and
WHEREAS, on June 13, 2023, the City Council considered recommendations
made by the Committee and directed City staff to return with a resolution setting forth
the City Council's approach to people experiencing homelessness.
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
Section 1: The City engages in significant outreach work to build relationships
with people experiencing homelessness, using a person -centered, compassionate
approach to provide services tailored to each person's specific needs. To ensure that
scarce City resources are being spent appropriately and that the City is doing
everything it can to assist people experiencing homelessness in Newport Beach exit the
street, the City Council is adopting this resolution to inform the public of its approach to
the unhoused and provide guidance related thereto:
1. The City has been successful in obtaining and providing shelter beds,
which has resulted in people experiencing homelessness exiting the street. The City
should continue to prioritize acquiring and/or accessing additional shelter beds.
2. The City needs to focus on street exits. All efforts and funding should be
concentrated on getting the unhoused in Newport Beach off the streets. To help this
effort, going forward, funds previously considered for grants for homeless -related
services should be used toward City directed initiatives.
3. Because the number one goal is to get people off the street, the City's first
step in interacting with a person experiencing homelessness needs to be to offer
services directed at moving the person towards exiting the street.
4. Violations of the law can lead to serious health, safety, and accessibility
concerns and an overall deterioration in the physical condition of the community. While
the City Council acknowledges that the laws must be regularly enforced to ensure the
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Resolution No. 2023-
Page 3 of 4
City does not deteriorate, it is important that all laws in Newport Beach be enforced in a
fair and equitable manner without regard to whether a person is housed.
5. The only way that the City can measure success is to have an accurate
baseline count. The City should establish and publish a baseline count in 2023 and then
conduct a new count annually thereafter. Also, to ensure success, interactions with
people experiencing homelessness need to be tracked and data collected so that the
effectiveness of each approach can be quantified.
6. All future contracts with partners and providers who are providing
homeless -related services need to be consistent with this resolution and the contracts
should include provisions to ensure that City partners and providers are accountable for
following the guidance set forth in this resolution. All contract renewals with partners
and providers providing homeless related services shall be reviewed and approved by
the City Council.
7. City staff shall report back to the City Council every six (6) months, for the
next two years, regarding the implementation of the City's guidance set forth in this
resolution including, but not limited to, the number of shelter beds acquired/accessed
during the reporting period as well as any opportunities to acquire/access new shelter
beds; the funds expended related to homeless related services; the status of all City
directed initiatives; and what actions were taken by the City's partners, providers and
staff to achieve the City Council's goal of getting people off the street.
Section 2: If any section, subsection, sentence, clause, or phrase of this
resolution 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 resolution. The
City Council hereby declares that it would have passed this resolution and each section,
subsection, sentence, clause, or phrase hereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses, or phrases be declared invalid or
unconstitutional.
Section 3: The recitals provided in this resolution are true and correct and are
incorporated into the substantive portion of this resolution.
Section 4: The City Council finds the adoption of this resolution 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, Division 6,
Chapter 3, because it has no potential for resulting in physical change to the
environment, directly or indirectly.
23-8
Resolution No. 2023-
Page 4 of 4
Section 5: This resolution shall take effect immediately upon its adoption by
the City Council, and the City Clerk shall certify the vote adopting this resolution.
ADOPTED this 27th day of June, 2023.
Noah Blom
Mayor
ATTEST:
Leilani I. Brown
City Clerk
APPROVED AS TO FORM:
CITY TTORNEY'S OFFICE
7
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Aaron C. Harp
City Attorney
23-9
ATTACHMENT C
ORDINANCE NO. 2023-11
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, AMENDING
CHAPTER 10.08 TO PROHIBIT INTERFERENCE WITH
PUBLIC ACCESS; ADDING CHAPTER 10.14
PROHIBITING UNPERMITTED STRUCTURES ON PUBLIC
PROPERTY; AND AMENDING SECTION 11.04.070 TO
PROHIBIT CERTAIN CONDUCT IN PUBLIC PARKS,
PARK FACILITIES AND AT PUBLIC BEACHES
WHEREAS, Section 200 of the Charter of the City of Newport Beach ("Charter")
vests the City Council with the authority to make and enforce all laws, rules and
regulations with respect to municipal affairs subject only to the restrictions and
limitations contained in the Charter and the State Constitution, and the power to
exercise, or act pursuant to any and all rights, powers, and privileges, or procedures
granted or prescribed by any law of the State of California;
WHEREAS, for many years, the City of Newport Beach ("City") has experienced
numerous individuals living in camps in public places, including City parks and public
beaches;
WHEREAS, the City engages in significant outreach work to build relationships
with people experiencing homelessness, using a person -centered, compassionate
approach to provide services tailored to each person's specific needs;
WHEREAS, an increase in individuals maintaining unregulated camp facilities for
the purposes of living accommodations in the City's parks and public places can lead to
serious health, safety, and accessibility concerns, and an overall deterioration in the
physical condition of the community's parks, public places and environmentally sensitive
land;
WHEREAS, the City is obligated to protect public health and safety and its
natural resources by maintaining clean, safe, and accessible City properties for all
residents to enjoy, including parks, open spaces, and public rights -of -way;
WHEREAS, the City Council desires to continue protecting public health and
safety in, and access to, the City's parks and other public places by prohibiting
encampments, camping, and camping facilities except in designated areas as
determined by the City Council; and
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Ordinance No. 2023-
Page 2 of 11
WHEREAS, the City seeks to accomplish the aforementioned objectives in a
manner that preserves the dignity and safety of its residents and all people within the
geographical boundaries of the City.
NOW THEREFORE, the City Council of the City of Newport Beach ordains as
follows:
Section 1: Chapter 10.08 of the Newport Beach Municipal Code shall be
amended to read as follows:
Chapter 10.08
INTERFERENCE WITH PUBLIC ACCESS
Sections:
10.08.005 Definitions.
10.08.010 Sitting, Lying, or Sleeping or Storing, Using, or Maintaining or
Placing Personal Property in the Public Rights -Of -Way.
10.08.015 Public Assemblage — Blocking Entrance.
10.08.020 Molesting Pedestrians.
10.08.030 Use of Public Property for Commercial Purposes.
10.08.040 Shining of Lights into Dwelling Units.
10.08.005 Definitions.
For the purposes of this chapter, the following words and phrases shall have the
meaning set forth in this section.
"Cancer treatment center" means a facility for the treatment of cancer located in a
Mixed -Use Horizontal zone.
"College" means an institution of higher education, including a community or junior
college, college or university including, but not limited to, Orange Coast College and
Coastline College.
23-11
Ordinance No. 2023-
Page 3 of 11
"Day care center" means a Child Care - Infant Center, and Child Care Center
(Preschool) licensed by the State of California Department of Social Services that is not
located on a residentially zoned property including, but not limited to, Bright Horizons at
Newport Beach; Carden Hall, Catalyst Kids -Newport Heights; Christ Church by the Sea
Children's Center; Environmental Nature Center (ENC) Nature Preschool; Miraculous
Milestones; Montessori Way Learning Center, Inc., Newport Coast Child Development
Preschool; Newport Harbor Lutheran Church; St. Andrew's Preschool; St. Mark's
Preschool; St. Matthew's Preschool; Temple Bat Yahm; and Tutor Time Child
Care/Learning Center.
"Public rights -of -way" or "public right-of-way" means the area or areas on, below, or
above a public roadway, public highway, public street, public sidewalk, public alleyways,
or a utility easement in which the City has interest.
"School" means an institution of learning, whether public or private, which offers in -
person instruction in grades K through 12 in those courses of study required by the
California Education Code and is licensed by the State Board of Education. This
definition includes all kindergarten, elementary, junior high, senior high or any special
institution of learning under the jurisdiction of the State Department of Education
including, but not limited to, Anderson Elementary School; Carden Hall; Corona del Mar
High School; Eastbluff Elementary School; Ensign Intermediate School; Harbor Day
School; Harbor View Preschool and Elementary School; Mariners Elementary School,
Newport Christian Academy; Newport Coast Preschool and Elementary School;
Newport Elementary School, Newport Harbor High School; Newport Heights Elementary
School; Our Lady Queen of Angeles Catholic School; Pacifica Christian High School;
and Sage Hill High School.
10.08.010 Sitting, Lying, or Sleeping or Storing, Using, or Maintaining or
Placing Personal Property in the Public Rights -Of -Way.
A. No person shall obstruct a public right-of-way by sitting, lying, or sleeping, or by
storing, using, maintaining, or placing personal property:
1. In a manner that obstructs or impedes passage, as provided by the
Americans with Disabilities Act, as amended from time to time;
2. Within ten feet of any operational or utilizable driveway or loading dock;
3. Within ten feet of any fire hydrant, fire plug, or other Fire Department
connection;
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Ordinance No. 2023-
Page 4 of 11
4. In a manner that obstructs or unreasonably interferes with the use of the
public right-of-way for any activity for which the City has issued a permit;
5. Within ten feet of a public restroom;
6. Within ten feet of an operational and utilizable entrance or exit to any
building, establishment, retail store, restaurant, office building or other place into which
the public is invited; or
7. Within 500 feet of a college, school, day care center, or cancer treatment
center.
B. No person shall obstruct any portion of any public right-of-way open to use by
motor vehicles, or any portion of a bike lane, bike path, or other public right-of-way open
to use by bicycles, by sitting, lying, or sleeping, or by storing, using, maintaining, or
placing personal property, anywhere within the bike lane, bike path, or other public right-
of-way open to use by bicycles.
C. No person shall sit, lie, or sleep or place, store or leave unattended personal
property on a public parkway or public median.
This section does not prohibit sitting on the seat of a bench placed upon a sidewalk with
the approval of the City or on land not owned by the City.
10.08.015 Public Assemblage — Blocking Entrance.
No person shall sit or stand on or at the entrance of any church, place of worship, hall,
theatre, or other place of public assemblage in any manner so as to obstruct such
entrance.
10.08.020 Molesting Pedestrians.
No person shall willfully, intentionally, or maliciously molest, annoy, obstruct, or hinder
any other person passing along any public rights -of -way.
10.08.030 Use of Public Property for Commercial Purposes.
A. Except as otherwise provided in this section, no person shall use any public right-
of-way or parkway or other public property for the purpose of storing or displaying any
equipment, materials or merchandise, or any other commercial purpose.
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Ordinance No. 2023-
Page 5 of 11
B. Public rights -of -way or parkways may be used for the purpose of selling, storing,
or displaying any equipment, material, merchandise or for other commercial purposes in
the following cases:
1. For the transmission of water, sewer, gas, electricity, television, radio signals
or similar substances or activity pursuant to franchise granted by the City Council in
accordance with the City Charter, City Ordinance or State Law;
2. For displaying newspapers and periodicals for sale subject to compliance
with the provisions of Chapter 5.70 of this Code;
3. For the temporary storage of construction equipment or material provided a
permit is issued pursuant to Chapter 12.62 of this Code and the storage is consistent
with provisions of the Uniform Building Code;
4. For the temporary display and sale of goods and/or merchandise by an
association of businesses adjoining any street or sidewalk provided a permit is issued
pursuant to Chapter 12.62 of this Code and the sale is consistent with Council Policy;
5. For the temporary sale or display of goods or merchandise in conjunction
with a special event for which a permit has been issued by the City Manager or
designee pursuant to Chapter 11.03 of this Code and the City Council has approved a
resolution of street closure pursuant to authorization granted by the California Vehicle
Code;
6. For the conduct of special celebrations, sporting events or similar activities
involving a nonprofit corporation, nonprofit association, community organization or
similar entity provided a permit is issued by the City Manager or designee pursuant to
Chapter 11.03 of this Code, the City Council has adopted a street closure resolution
pursuant to the authority granted by the California Vehicle Code and, the event,
celebration or activity is consistent with Council Policy,
7. For sidewalk dining subject to the provisions of Chapter 13.18 of this Code;
8. For sidewalk vendors in compliance with Chapter 5.97, or any successor
chapter.
C. Sales, events, celebrations, or other activities authorized by this section shall be
conducted in strict compliance with the following:
1. In no event shall any public right-of-way closure prohibit members of the
public from accessing any business or residence;
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Ordinance No. 2023-
Page 6 of 11
2. The commercial activity authorized by subsection (B)(4) of this section shall
be permitted no more than twice per calendar year;
3. The commercial activity authorized in subsection (13)(4) and (B)(5) of this
section shall not be permitted in any residential zoning district;
4. Sales or events requiring street closures shall be limited to seven days or
less;
5. The event sponsor may charge members of the public for access to the
event or celebration, but the sponsor shall utilize a procedure which allows members of
the public, without fee or charge, to access any property or structure within the area
impacted by the closure;
6. The sponsor of the event shall provide, at the sponsors sole cost and
expense, all security personnel and traffic control equipment required by the City
Manager or designee;
7. The sponsor of the celebration or event shall provide proof of liability
insurance adequate to protect the City with the City designated as an additional insured.
D. The sponsor of any event, sale or celebration authorized by this section shall
comply with all conditions imposed by the City Council, City Manager, or designee
pursuant to resolution or permit.
10.08.040 Shining of Lights into Dwelling Units.
No person shall use any public right-of-way, parkway, waterway, or other public
property for the purpose of intentionally shining any flood light, search light, flashlight, or
other lighting device into a dwelling unit with the intent to harass or annoy the residents
thereof. This section shall not prohibit a Police Officer from shining a flashlight into a
dwelling unit when necessary, in the course of his employment.
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Ordinance No. 2023-
Page 7 of 11
Section 2: Chapter 10.14 of the Newport Beach Municipal Code shall be
added to read as follows:
CHAPTER 10.14
PROHIBITION AGAINST CAMPING IN PUBLIC PLACES
Section 10.14.010 Definitions.
Section 10.14.020 Camping in Prohibited Public Places.
10.14.010 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 ocean front or bay front beach within the City of
Newport Beach, including ocean or bay public piers, public floats, public wharves, or
public strands adjoining public ocean front or bay front beach areas.
"Camp" means to erect, maintain, or occupy a camp facility for the purpose of living
accommodations.
"Camp facility" or "camp facilities" means the use of, settling, fixing in place, setting up,
storing, locating, or leaving behind in a prohibited public place any or a combination of
the following: a tent, hut, other temporary physical structure or shelter, cot, bed, or
hammock. A camp facility does not include sleeping bags, blankets, pillows, bedrolls, or
other similar bedding used while sleeping or shade coverings used in accordance with
Section 11.08.020 of this code.
"Camping paraphernalia" means personal property used to facilitate occupancy of an
area and includes, but is not limited to, personal property typically associated with
camping such as tarps, sleeping bags, blankets, pillows, bedrolls, and other similar
bedding used while sleeping, camp stoves, cooking equipment, and buckets. Camping
paraphernalia does not include a tent, hut, other temporary physical structure or shelter,
cot, bed, or hammock.
"Encamp" means to use camping paraphernalia for the purpose of, or in a way that
facilitates outdoor sheltering for living accommodation purposes or for remaining
outdoors overnight.
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Ordinance No. 2023-
Page 8 of 11
"Public rights -of -way" means the area or areas on, below, or above a public roadway,
public highway, public street, public sidewalk, public alleyways, or a utility easement in
which the City has interest.
"Prohibited public place" means a public park, park facility, beach, the Newport Pier, the
Balboa Pier, public parking lots, public passageways, public rights -of -way, publicly
owned landscaped areas, public parkways, public medians, public greenbelts, other
government -owned properties located within the City of Newport Beach and any cancer
treatment center located in a Mixed -Use Horizontal zone.
"Public park" of "park facility" means all publicly owned, managed or leased land that is
open to the public, bike paths, walking or hiking trails, parks and park -related buildings,
facilities and improvements, and any school facilities when they are in use as
recreational or community center facilities and under the control of the Director of the
Recreation and Senior Services Department including, but not limited to, Arroyo Park;
Back Bay View Park; Bayview Park; Begonia Park, Big Canyon Nature Park; Bob Henry
Park; Bolsa Park; Bonita Canyon Sports Park; Bonita Creek Park & Community Center;
Buck Gully Reserve; Buffalo Hills Park; Canyon Watch Park; Carroll Beek Community
Center & Balboa Island Park; Castaways Park; Channel Place Park; Civic Center Park;
Cliff Drive Park & Community Center; Coastal Peek Park; Corona del Mar Pocket Park;
Corona del Mar State Beach Park; Dog Park; Eastbluff Park & Boys and Girls Club;
Galaxy View Park; Gateway Park; Grant Howald Park & Community Youth Center;
Harbor View Park; Harbor Watch Park; Inspiration Point; Irvine Terrace Park; Jasmine
Creek Park; John Wayne Park and Theaters Arts Center; Kings Road Park; L Street
Park; Lake Street Park; Lido Park; Lincoln Athletic Center; Lookout Point, Los Trancos
(lower, middle, upper); M Street Park; Marian Bergeson Aquatic Center; Marina Park;
Mariners Park and Community Center; Mesa Birch Park; Miramar Park, Myrtle Park;
Newport Aquatic Center, Newport Coast Community Center; Newport Island Park; North
Shores Park; North Star Beach; OASIS Senior Center; Peninsula Park; Rhine Wharf
Park; San Joaquin Hills Park; San Miguel Park; Spyglass Hill Reservoir Park; Sunset
Ridge Park; Sunset View Park; Upper Buck Gully; Upper Newport Bay Regional Park,
Uptown Park; Veteran's Memorial Park; West Jetty View Park; West Newport
Community Center; West Newport Park; and Westcliff Park.
"Store" means to put aside or accumulate for use when needed, to put for safekeeping,
or to place or leave in a location.
23-17
Ordinance No. 2023-
Page 9 of 11
10.14.020 Camping in Prohibited Public Places.
A. No person shall camp in a prohibited public place.
B. No person shall leave camp facilities in a prohibited public place.
C. No person shall start, build, or use a fire in a prohibited public place for any
purpose including, but not limited to, warming or cooking, 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.
D. No person shall encamp in a prohibited public place, except in places designated
for such purposes and with specific permission from the City to do so. Law enforcement
officers shall not issue a criminal or administrative citation to enforce a violation of this
subsection D if there is no available shelter.
E. The City Council may, by resolution, establish one or more specified camping
areas. Such camping areas, if any, may be located in prohibited public places, except
that such camping areas shall not be located within public parks.
Section 3: Section 11.04.070 (G) of Chapter 11.04 of the Newport Beach
Municipal Code shall be amended to read as follows:
G. Sleep, lay down, or lodge in any public restroom.
Section 4: Section 11.04.070 of Chapter 11.04 of the Newport Beach
Municipal Code shall be amended to add subsections J through L to read as follows:
J. Use any public fountain, public drinking faucet, public restroom sink or public
sprinkler to wash dishes, clothing or garments, to bathe, or conduct personal hygiene
(such as washing hair or body with or without soap, shampoo or similar personal
hygiene products; shaving with or without shaving cream or similar personal hygiene
products; oral care including using mouthwash or brushing teeth with or without
toothpaste or similar personal hygiene products; cleaning any injury, wound, lesion,
gash or abrasion in any manner with or without medical products, cleaning products or
similar personal hygiene products; using any medical or other personal hygiene product
to rid the body of lice or any disease, infection or growth).
23-18
Ordinance No. 2023-
Page 10 of 11
K. Leave unattended any personal property in a public parking lot, public parking
garage, public building, public structure, or public restroom. Unattended personal
property secured inside of a motor vehicle shall be excluded from this subsection.
L. Cut, break, injure, deface, or disturb any City tree, shrub, plant, rock, building,
cage, pen, monument, fence, bench or other structure, apparatus, or property.
Section 5: The recitals provided in this ordinance are true and correct and are
incorporated into the substantive portion of this ordinance.
Section 6: 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, sentence, clause, or phrase hereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses, or phrases be declared invalid or
unconstitutional.
Section 7: The City Council finds the introduction and adoption of this
ordinance 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, Division 6, Chapter 3, because it has no potential for resulting in
physical change to the environment, directly or indirectly.
Section 8: Except as expressly modified in this ordinance, all other sections,
subsections, terms, clauses, and phrases set forth in the Newport Beach Municipal
Code shall remain unchanged and shall be in full force and effect.
23-19
Ordinance No. 2023-
Page 11 of 11
Section 9: The Mayor shall sign, and the City Clerk shall attest to the passage
of this ordinance. The City Clerk shall cause the ordinance, or a summary thereof, to be
published pursuant to City Charter Section 414.
This ordinance was introduced at a regular meeting of the City Council of the City
of Newport Beach held on the 27th day of June, 2023, and adopted on the 11th day of
July, 2023, by the following vote, to -wit:
AYES:
NAYS:
ABSENT:
NOAH BLOM, MAYOR
ATTEST:
LEILANI I. BROWN, CITY CLERK
APPROVED AS TO FORM:
CITY TTORNEY'S OFFICE
4p"L C_
AA ON C. HARP, CIVY ATTORNEY
23-20
ATTACHMENT D
Chapter 10.08
INTERFERENCE WITH USE OF SIDE ni LKSPUBLIC ACCESS
Sections:
10.08.005 Definitions
10.08.010 OtrEt+pg SidewaEk.Sitting, Lying, or Sleeping or Storing, Using, or
Maintaining or Placing Personal Property in the Public Rights -Of -Way.
10.05.015 Public Assemblage — Blocking Entrance.
10.08.020 Molesting Pedestrians.
10.08.030 ''co ef Streets and Sidewalks for Gernmerl Purposes. Use of Public
Property for Commercial Purposes.
10.08.040 Shining of Lights into Dwelling Units.
10.08.005 Defintions.
For the purposes of this chapter, the following words and phrases shall have the
meanina set forth in this section.
"Cancer treatment center" means a facility for the treatment of cancer located in a
Mixed -Use Horizontal zone.
"College" means an institution of higher education, including a community or junior
college, college or university including, but not limited to, Orange Coast College and
Coastline College.
"Dav care center" means a Child Care - Infant Center. and Child Care Center
(Preschool) licensed by the State of California Department of Social Services that is not
located on a residentially zoned property including, but not limited to, Bright Horizons at
Newport Beach; Carden Hall; Catalyst Kids -Newport Heights; Christ Church by the Sea
Children's Center; Environmental Nature Center (ENC) Nature Preschool; Miraculous
Milestones; Montessori Way Learning Center, Inc., Newport Coast Child Development
Preschool; Newport Harbor Lutheran Church; St. Andrew's Preschool; St. Mark's
Preschool: St. Matthew's Preschool: Temale Bat Yahm: and Tutor Time Child
Care/Learning Center.
"Public rights -of -way" or "public right-of-way" means the area or areas on, below, or
above a public roadway, public highway, public street, public sidewalk, public alleyways,
or a utility easement in which the City has interest.
"School" means an institution of learning, whether public or private, which offers
in -person instruction in grades K through 12 in those courses of study required by the
California Education Code and is licensed by the State Board of Education. This
definition includes all kindergarten, elementary, junior high, senior high or any special
23-21
institution of learning under the jurisdiction of the State Department of Education
including, but not limited to, Anderson Elementary School: Carden Hall: Corona del Mar
High School; Eastbluff Elementary School; Ensign Intermediate School; Harbor Day
School; Harbor View Preschool and Elementary School; Mariners Elementary School;
Newport Christian Academy; Newport Coast Preschool and Elementary School;
Newport Elementary School; Newport Harbor High School; Newport Heights Elementary
School; Our Lady Queen of Angeles Catholic School; Pacifica Christian High School;
and Sage Hill High School.
10.08.0100bstructii g w Side al4. Sitting, Lying, or Sleeping or Storing, Using, or
Maintaining or Placing Personal Property in the Public Rights -Of -Way.
A. No person shall obstruct a public right-of-way by sitting, lying, or sleeping,
or by storing, using, maintaining, or placing personal property:
1. In a manner that obstructs or impedes passage, as provided by the
Americans with Disabilities Act. as amended from time to time:
2. Within ten feet of any operational or utilizable driveway or loading dock;
Within ten feet of anv fire hvdrant. fire glua. or other Fire Department
connection;
4. In a manner that obstructs or unreasonably interferes with the use of the
Public right-of-way for any activity for which the City has issued a permit;
5. Within ten feet of a public restroom;
6. Within ten feet of an operational and utilizable entrance or exit to any
building, establishment, retail store, restaurant, office building or other place into which
the public is invited; or
7. Within 500 feet of a college, school, day care center, or cancer treatment
center.
B. No person shall obstruct anv Dortion of anv public riaht-of-wav open to use b
motor vehicles, or any
portion of a bike lane,
bike
path,
or other public right-of-way
open
to use bV bicycles, by
sitting, lying, or sleeping,
or by
storing, using,
maintaining, or
Dlacina personal property.
anvwhere within
the
bike
lane. bike Dath.
or other Dublic
right-of-way open to use by bicycles.
C. No person shall sit, lie, or sleep or place, store or leave unattended personal
property on a public parkway or public median.
23-22
the approval of the City or on land not owned by the City.
_ _
_ r
• r -
10.08.15 Public Assemblage- Blocking Entrance.
No person shall sit or stand on or at the entrance of any church, place of worship, hall,
theatre, or other place of public assemblage in any manner so as to obstruct such
entrance.
10.08.020Molesting Pedestrians.
No person shall wilfully, intentionally or maliciously molest, annoy, obstruct or hinder
any other person passing along any p bliG sidewalk or publiG walkway area (Ord 957
(PaFt), uU_I : -1 uWJ uoae s 4242- public rights -of -way.
10.08.030Use of ;+. is and C°dewalksPublic Property for Commercial Purposes.
A. Except as otherwise provided in this section, no person shall use any public
right-of-way stFee#, sidewalk,-alle, or parkway or other public property for the purpose of
storing or displaying any equipment, materials or merchandise, or any other commercial
purpose.
B. Public streets, sidewalks, alley-s Eights-of-wa or parkways may be used for the
purpose of selling, storing, or displaying any equipment, material, merchandise or for
other commercial purposes in the following cases:
1. For the transmission of water, sewer, gas, electricity, television, radio signals
or similar substances or activity pursuant to franchise granted by the City Council in
accordance with the City Charter, City Ordinance or State Law;
2. For displaying newspapers and periodicals for sale subject to compliance with
the provisions of Chapter 5.70 of this Code;
3. For the temporary storage of construction equipment or material provided a
permit is issued pursuant to Chapter 12.62 of this Code and the storage is
consistent with provisions of the Uniform Building Code;
4. For the temporary display and sale of goods and/or merchandise by an
association of businesses adjoining any street or sidewalk provided a permit is
issued pursuant to Chapter 12.62 of this Code and the sale is consistent with
Council Policy;
5. For the temporary sale or display of goods or merchandise in conjunction with
a special event for which a permit has been issued by the City Manager or designee
23-23
pursuant to Chapter 11.03 of this Code and the City Council has approved a
resolution of street closure pursuant to authorization granted by the California
Vehicle Code;
6. For the conduct of special celebrations, sporting events or similar activities
involving a nonprofit corporation, nonprofit association, community organization or
similar entity provided a permit is issued by the City Manager or designee pursuant
to Chapter 11.03 of this Code, the City Council has adopted a street closure
resolution pursuant to the authority granted by the California Vehicle Code and, the
event, celebration or activity is consistent with Council Policy;
7. For sidewalk dining subject to the provisions of Chapter 13.18 of this Code;
8. For sidewalk vendors in compliance with Chapter 5.97, or any successor
chapter.
C. Sales, events, celebrations or other activities authorized by this section shall be
conducted in strict compliance with the following:
1. In no event shall any street ^r sidewal-kpublic right-of-way closure prohibit
members of the general public from accessing any business or residence;
2. The commercial activity authorized by subsection (B)(4) of this section shall
be permitted no more than twice per calendar year;
3. The commercial activity authorized in subsection (B)(4) and (13)(5) of this
section shall not be permitted in any residential zoning district;
4. Sales or events requiring street closures shall be limited to seven days or less;
5. The event sponsor may charge members of the g`.._. public for access to
the event or celebration, but the sponsor shall utilize a procedure which allows
members of the public, without fee or charge, to access any property or
structure within the area impacted by the closure;
6. The sponsor of the event shall provide, at the sponsors sole cost and
expense, all security personnel and traffic control equipment required by the City
Manager or designee;
7. The sponsor of the celebration or event shall provide proof of liability
insurance adequate to protect the City with the City designated as an additional
insured.
D. The sponsor of any event, sale or celebration authorized by this section shall
comply with all conditions imposed by the City Council, City Manager or designee
pursuant to resolution or permit. (Ord. 201�19 § 5, 2018; (irk oa9 § z, 1996; Ord
27 § 1 1 Q • Ord 1335 § 1 1 7-9
�4-�-r--S--�rv�4�..�-a : ---S--�rrrrv)
23-24
10.08.040Shining of Lights into Dwelling Units.
No person shall use any p "'�StFeet, sidewalk, public right-of-way, parkway,
waterway, or other public property for the purpose of intentionally shining any flood light,
search light, flashlight, or other lighting device into a dwelling unit with the intent to
harass or annoy the residents thereof. This section shall not prohibit a Police Officer
from shining a flashlight into a dwelling unit when necessary, in the course of his
employment. (Ord. 93-16, 1 993)
23-25
CHAPTER 10.14
PROHIBITION AGAINST CAMPING IN PUBLIC PLACES
Section 10.14.010 Definitions.
Section 10.14.020 Camping in Prohibited Public Places.
10.14.010 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 ocean front or bay front beach within the City of
Newport Beach, including ocean or bay public piers, public floats, public wharves, or
public strands adjoining public ocean front or bay front beach areas.
"Camp" means to erect, maintain, or occupy a camp facility for the purpose of living
accommodations.
"Camp facility" or "camp facilities" means the use of, settling, fixing in place, setting up,
storing, locating, or leaving behind in a prohibited public place any or a combination of
the following: a tent, hut, other temporary physical structure or shelter, cot, bed, or
hammock. A camp facility does not include sleeping bags, blankets, pillows, bedrolls, or
other similar bedding used while sleeping or shade coverings used in accordance with
Section 11.08.020 of this code.
"Camping paraphernalia" means personal property used to facilitate occupancy of an area
and includes, but is not limited to, personal property typically associated with camping
such as tarps, sleeping bags, blankets, pillows, bedrolls, and other similar bedding used
while sleeping, camp stoves, cooking equipment, and buckets. Camping paraphernalia
does not include a tent, hut, other temporary physical structure or shelter, cot, bed, or
hammock.
"Encamp" means to use camping paraphernalia for the purpose of, or in a way that
facilitates outdoor sheltering for living accommodation purposes or for remaining outdoors
overnight.
"Public rights -of -way" means the area or areas on, below, or above a public roadway,
public highway, public street, public sidewalk, public alleyways, or a utility easement in
which the City has interest.
23-26
"Prohibited public place" means a public park, park facility, beach, the Newport Pier, the
Balboa Pier, public parking lots, public passageways, public rights -of -way, publicly owned
landscaped areas, public parkways, public medians, public greenbelts, other
government -owned properties located within the City of Newport Beach and any cancer
treatment center located in a Mixed -Use Horizontal zone.
"Public park" of "park facility" means all publicly owned, managed or leased land that is
open to the public, bike paths, walking or hiking trails, parks and park -related buildings,
facilities and improvements, and any school facilities when they are in use as recreational
or community center facilities and under the control of the Director of the Recreation and
Senior Services Department including, but not limited to, Arroyo Park; Back Bay View
Park; Bayview Park; Begonia Park; Big Canyon Nature Park; Bob Henry Park; Bolsa Park;
Bonita Canyon Sports Park; Bonita Creek Park & Community Center; Buck Gully
Reserve; Buffalo Hills Park; Canyon Watch Park; Carroll Beek Community Center &
Balboa Island Park; Castaways Park; Channel Place Park; Civic Center Park; Cliff Drive
Park & Community Center; Coastal Peek Park; Corona del Mar Pocket Park; Corona del
Mar State Beach Park; Dog Park; Eastbluff Park & Boys and Girls Club; Galaxy View
Park; Gateway Park; Grant Howald Park & Community Youth Center; Harbor View Park;
Harbor Watch Park; Inspiration Point; Irvine Terrace Park; Jasmine Creek Park; John
Wayne Park and Theaters Arts Center; Kings Road Park; L Street Park; Lake Street Park;
Lido Park; Lincoln Athletic Center; Lookout Point; Los Trancos (lower, middle, upper); M
Street Park; Marian Bergeson Aquatic Center; Marina Park; Mariners Park and
Community Center; Mesa Birch Park; Miramar Park; Myrtle Park; Newport Aquatic
Center; Newport Coast Community Center; Newport Island Park; North Shores Park;
North Star Beach; OASIS Senior Center; Peninsula Park; Rhine Wharf Park; San Joaquin
Hills Park; San Miguel Park; Spyglass Hill Reservoir Park; Sunset Ridge Park; Sunset
View Park; Upper Buck Gully; Upper Newport Bay Regional Park; Uptown Park; Veteran's
Memorial Park; West Jetty View Park; West Newport Community Center; West Newport
Park; and Westcliff Park.
"Store" means to put aside or accumulate for use when needed, to put for safekeeping,
or to place or leave in a location.
23-27
10.14.020 Camping in Prohibited Public Places.
A. No person shall camp in a prohibited public place.
B. No person shall leave camp facilities in a prohibited public place.
C. No person shall start, build, or use a fire in a prohibited public place for any purpose
including, but not limited to, warming or cooking, 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.
D. No person shall encamp in a prohibited public place, except in places designated
for such purposes and with specific permission from the City to do so. Law enforcement
officers shall not issue a criminal or administrative citation to enforce a violation of this
subsection D if there is no available shelter.
E. The City Council may, by resolution, establish one or more specified camping
areas. Such camping areas, if any, may be located in prohibited public places, except
that such camping areas shall not be located within public parks.
23-28
Chapter 11.04
PARKS, PARK FACILITIES, AND BEACHES
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 or Agreement Requirement.
11.04.070 Prohibited Conduct.
11.04.080 Smoking Prohibited.
11.04.090 Abandoned Bicycle.
11.04.100 Violation of Rules and Policies of Department.
11.04.110 Ejection.
11.04.120 Prohibition Against Obstructing Performance of City Employee.
11.04.130 Exemption.
11.04.140 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 parks, park
facilities and beaches subject to rules and regulations necessary for administration and maintenance of
the City's public parks, park facilities and beaches. The City Council finds that these rules and regulations
are necessary to preserve and protect the public health, safety and welfare. All persons using the City's
public parks, 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 parks, 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 parks, park facilities and beaches.
(Ord. 2012-6 § 1 (part), 2012: Ord. 2004-26 § 3 (part), 2004)
11.04.020 Definitions.
For the purposes of this chapter, the following words and phrases shall have the meaning set forth in
this section.
23-29
"Beach" or "beaches" means any public ocean front or bay front beach within the City of Newport
Beach, including ocean or bay public piers, public floats, public wharves or public strands adjoining
public ocean front or bay front beach areas.
"Bicycle" means a device upon which any person may ride, which is propelled exclusively by human
power through a belt, chain, or gears, and which has one or more wheels.
"Bicycle rack" means a structure or rack specifically designed for the fastening or attaching of bicycles to
the structure or rack.
"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 consideration
provided for participation in the program or activity that occurs in a park, park facility, or on a beach.
"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
Section 1.12.020.
"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 any other
lighted smoking equipment of any kind; or the lighting of a pipe, cigar or cigarette of any kind; or
inhaling, emitting, or exhaling the smoke from a pipe, cigar, cigarette or any other smoking equipment
of any kind. (Ord. 2012-6 § 1 (part), 2012: Ord. 2004-26 § 3 (part), 2004)
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 provisions of this
code.
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 provided in the permit. The City shall
be entitled to retain all fees previously paid.
C. Any person using a park, park facility, or beach shall be liable and responsible for paying for any
damage to any person or property including, but not limited to, City property connected with such use.
D. When groups or organizations desire to use a park or park facility on a repetitive basis, they shall
first obtain the Director's approval through a separate park or park facility use agreement. No person
23-30
shall violate any conditions set forth in a use agreement or continue to conduct any activity or use for
which a use agreement is required upon revocation of a 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, 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 park facility.
F. Scheduling procedures, use regulations, and application processes for City parks or park facilities
shall be determined by the Director. (Ord. 2012-6 § 1 (part), 2012: Ord. 2004-26 § 3 (part), 2004)
11.04.040 Park Hours.
No person shall enter or remain upon any park or park facility between the hours of 11:00 p.m. and 6:00
a.m. the following morning. (Ord. 2012-6 § 1 (part), 2012: Ord. 2004-26 § 3 (part), 2004)
11.04.050 Closed Park Areas.
When necessary for the protection of the public interest, health, or welfare, the Director, Chief of Police,
Fire Chief, or their designee 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. (Ord. 2012-6 § 1 (part), 2012: Ord. 2004-26 § 3 (part), 2004)
11.04.060 Permit or Agreement Requirement.
A. The Director may issue permits allowing use of a park or park facility, or portion thereof, 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, or portion thereof, 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 nontransferable.
B. The Director shall have the authority to post reservation notices at a park or park facility, or portion
thereof, notifying the public that a park or park facility, or portion thereof, 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, or portion thereof, site,
tables or other public accommodations identified in the permit.
C. Any person that wishes to use a park, park facility, or a portion thereof, for repetitive athletic
league, team or group sporting activity, including any games, practices, clinics, or other sport related
events, shall first obtain a permit or use agreement from the Director authorizing said use prior to
occupying the park, park facility, or portion thereof, for said activities.
D. No person shall conduct or perform any instructional activity for monetary consideration 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. No person shall violate any
conditions set forth in said written agreement or continue to conduct any activity or use for which said
agreement is required upon revocation of said agreement.
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E. Any person not having a permit for the use of a park or park facility shall surrender or turn over
possession of the park, park facility, or portion thereof, to any person having possession of a valid
permit from the Director. A person not having a permit from the Director shall not refuse to or fail to
surrender the use of such park, park facility, or portion thereof, to any person who has a permit for the
use of such park, park facility, of portion thereof, from the Director. (Ord. 2012-6 § 1 (part), 2012: Ord.
2004-26 § 3 (part), 2004)
11.04.070 Prohibited Conduct.
It is unlawful for any person to conduct, perform or participate in any of the following activities at any
park, park facility, beach or oceanfront boardwalk 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,
except, 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 7:00 p.m. and 8:00 a.m. the following morning.
E. Use any park or park facility when a fee is charged, or permit or use agreement is required, without
first having paid the required fee or having received any required permit or use agreement as required
under Section 11.04.030(D) or 11.04.060.
F. Drive, propel, ride or park or leave standing any vehicle propelled by a motor except in areas
designated for such purposes, except, 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. This section does not permit public parking of event
attendees.
Sleeo. lav down. or lodee in anv public restroom.
H. 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, lifeguard or peace officer after the person or group of people conducting or
performing the event, activity, behavior or conduct has been issued a verbal or written warning that said
event, activity, behavior or conduct has been determined to be unsafe, a nuisance, or a disturbance to
the public.
I. Engaging in any sidewalk vending activity unless conducted in compliance with Chapter 5.97, or any
successor chapter. (Ord. 2018-19 § 6, 2018; Ord. 2012-6 § 1 (part), 2012: Ord. 2004-26 § 3 (part), 2004.
Formerly 11.04.080)
J. Use any public fountain, public drinking faucet, public restroom sink or public sprinkler to wash
dishes, clothing or garments, to bathe, or conduct personal hygiene (such as washing hair or body with
or without soap, shampoo or similar personal hygiene products; shaving with or without shaving cream
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or similar personal hygiene products; oral care including using mouthwash or brushing teeth with or
without toothpaste or similar personal hygiene products; cleaning any injury, wound, lesion, gash or
abrasion in any manner with or without medical products, cleaning products or similar personal hygiene
products; using any medical or other personal hygiene product to rid the body of lice or any disease,
infection or growth).
K. Leave unattended any personal property in a public parking lot, public parking garage, public
building, public structure, or public restroom. Unattended personal property secured inside of a motor
vehicle shall be excluded from this subsection.
L. Cut, break, injure, deface, or disturb any City tree, shrub, plant, rock, building, cage, pen,
monument, fence, bench or other structure, apparatus, or property.
11.04.080 Smoking Prohibited.
A. No person shall smoke or be smoking in a park, park facility, beach, or oceanfront boardwalk or
within one hundred (100) feet of a park, park facility, or beach while the person is located on public
property. This prohibition shall not apply to a person in an alley or in a car or truck that is being driven
on a public street, alley or in a parking lot.
B. No person shall dispose of any cigarette, cigar or tobacco, or any part of a cigarette or cigar,
including cigarette or cigar butts or ashes or used matches in any place where smoking is prohibited
under this chapter, except any specifically designated smoking waste receptacle.
C. Punishment under this section shall not preclude punishment pursuant to Health and Safety Code
Section 13002, Penal Code Section 374.41 or any other law proscribing the act of littering. Nothing in this
section shall preclude any person from seeking any other remedies, penalties or procedures provided by
law. (Ord. 2012-6 § 1 (part), 2012)
11.04.090 Abandoned Bicycle.
Any bicycle that is attached or fastened to any City property, including a bicycle rack, or left in a park,
park facility, on a beach, or oceanfront boardwalk for a period of forty-eight (48) hours or longer shall be
deemed abandoned property and may be impounded by the City. Any bicycle which has been
impounded by the City and held for ninety (90) days without redemption by or on behalf of the lawful
owner thereof shall, if saleable, be sold at such time and place and in such a manner as required by Civil
Code Section 2080 et seq. (Ord. 2012-6 § 1 (part), 2012)
11.04.100 Violation of Rules and Policies of Department.
No person shall disobey or violate any of the written rules, policies or regulations issued by the Director
governing the use and enjoyment by the public of any park, park facility, or beach. (Ord. 2012-6 § 1
(part), 2012: Ord. 2004-26 § 3 (part), 2004. Formerly 11.04.090)
11.04.110 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
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patrol officer, a code enforcement officer, a lifeguard, or a peace officer. (Ord. 2012-6 § 1 (part), 2012.
Formerly 11.04.100)
11.04.120 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. (Ord. 2012-6 § 1 (part), 2012: Ord. 2004-26 § 3 (part), 2004. Formerly
11.04.110)
11.04.130 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. (Ord. 2012-6 § 1 (part), 2012: Ord. 2004-26 § 3 (part), 2004. Formerly 11.04.120)
11.04.140 Penalty.
A. Any violation of this chapter is subject to those remedies provided for in Chapters 1.04 and 1.05 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.
C. Notwithstanding this chapter, unlawful sidewalk vending activities shall be punished in accordance
with Chapter 5.97, or any successor chapter. (Ord. 2018-19 § 7, 2018; Ord. 2012-6 § 1 (part), 2012)
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