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HomeMy WebLinkAbout2023-11 - 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 PuORDINANCE 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 Ordinance No. 2023-11 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. � [�1�iI:��I�I•� �Z:3 �ilf �GTi�� 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. Ordinance No. 2023-11 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 Community Preschool; St. Matthew's Montessori 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, Andersen Elementary School; Carden Hall; Corona del Mar Middle and High School; Eastbluff Elementary School; Ensign Intermediate School; Harbor Day School; Harbor View Preschool and Elementary School; Lincoln Elementary School; Mariners Elementary School; Newport Christian Academy; Newport Coast Preschool and Elementary School, Newport Preschool & Elementary School; Newport Harbor High School; Newport Heights Elementary School; Our Lady Queen of Angels 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; Ordinance No. 2023-11 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 shaft sit or stand on or at the entrance of any church, place of worship, halt, 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. Ordinance No. 2023-11 Page 5of11 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; Ordinance No. 2023-11 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. Ordinance No. 2023-11 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. Ordinance No. 2023-11 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; 38t" Street Park; Back Bay View Park; Bayside Park; Bayview Park; Begonia Park; Big Canyon 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 Community Center; Civic Center Park; Cliff Drive Park & Community Center; Coastal Peak Park; Corona del Mar Pocket Park; Corona del Mar State Beach; Dog Park; Eastbluff Park & Boys and Girls Club; Galaxy View Park; Gateway Park; Grant Howald Park & Community Youth Center; Harbor View Nature Park; Harbor Watch Park; Inspiration Point; Irvine Terrace Park; Jasmine Creek Park; John Wayne Park and -Theater Arts Center; Kings Road Park; Park; -fake Ave Park; Lille Park; Lincoln Athletic Center; Lookout Point; Los Trancos Canyon View Park (lower, middle, upper); Lower Castaways Park; M Street Park; Marian Bergeson Aquatic Center; Marina Park; Mariners Park and VJ Community Center; Mesa Birch Park; Miramar Park; Myrtle Park; Newport Aquatic Center; Newport Coast Community Center; Newport Island Park; Newport Shores Park; North Star Beach; OASIS Senior Center; Old School Park; Peninsula Park; Rhine Wharf Park; San Joaquin Hills Park and Lawn Bowling Center; San Miguel Park; Spyglass Hill 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. Ordinance No. 2023-11 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). Ordinance No. 2023-11 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. Ordinance No. 2023-11 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: Mayor Blom, Mayor Pro Tern O'Neill, Council Member Avery, Council Member Grant, Council Member Kleiman, Council Member Stapleton, Council Member Weigand NAYS: ABSENT: VI 1 1 /'l 1 1 VI\IYL I V VI 1 IVL AARON C. HARP, CI ATTORNEY STATE OF CALIFORNIA COUNTY OF ORANGE ; ss. 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. 2023-11 was duly introduced on the 271h day of June, 2023, at a regular meeting, and adopted by the City Council at a regular meeting duly held on the 11th day of July, 2023, and that the same was so passed and adopted by the following vote, to wit: AYES: Mayor Noah Blom, Mayor Pro Tern Will O'Neill, Council Member Brad Avery, Council Member Robyn Grant, Council Member Lauren Kleiman, Council Member Joe Stapleton, Council Member Erik Weigand NAYS: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 12th day of July, 2023. , , Leilani I. Brown, MIVIC City Clerk c1Z,%OFiN�P City of Newport Beach, California CERTIFICATE OF PUBLICATION STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, LEILANI 1. BROWN, City Clerk of the City of Newport Beach, California, do hereby certify that Ordinance No. 2023-11 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 newspaper of general circulation on the following dates: Introduced Ordinance: July 1, 2023 Adopted Ordinance: July 15, 2023 'I In witness whereof, I have hereunto subscribed my name this day of July, 2023. V4 -qCi F0�. , Leilani I. Brown, MMC City Clerk City of Newport Beach, California