HomeMy WebLinkAbout2009-18 - Amending Sections 11.08.010 and 11.08.020 of Chapter 11.08 of Title 11 of the Newport Beach Municipal Code Pertaining to Obstructions on Public BeachesORDINANCE NO. 200948
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF NEWPORT BEACH AMENDING SECTIONS
11.08.010 AND 11.08.020 OF CHAPTER 11.08 OF
TITLE 11 OF THE NEWPORT BEACH MUNICIPAL
CODE PERTAINING TO OBSTRUCTIONS ON
PUBLIC BEACHES
The City Council of the City of Newport Beach does hereby ordain that certain
Newport Beach Municipal Code sections are amended to read, in full, as follows:
SECTION 1: Section 11.08.010 of Chapter 11.08 is amended to read as follows:
11.08.010 Obstructions on Public Beaches Prohibited.
No person shall install, erect, or place any sign, recreational equipment (such as
volleyball or badminton pole /net, portable play apparatus, and trampoline), fence,
fire pit or barbecue, or similar encroachment on any public bay beach, ocean
beach, tideland or park 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. Except as provided in Section 11.08.020 of Chapter 11.08, the
provisions of this section shall not prohibit the placement of a shade covering
including, but not limited to, umbrellas, canopies, tents or similar objects, on any
ocean beach, bay beach or tideland.
SECTION 2: Section 11.08.020 of Chapter 11.08 is amended to read as follows:
11.08.020 Use of Shade Coverings.
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, no person
shall erect, maintain or occupy a shade covering, which shall include, but not be
limited to, umbrellas, canopies, tents or similar objects, or group of shade
coverings, which consists of two or more shade coverings, on any ocean beach,
bay beach or tideland unless the following provisions are complied with:
(1) The dimensions of any shade covering or group of shade coverings shall
not exceed one - hundred (100) square feet or six (6) feet in height.
(2) The shade covering or group of shade coverings shall have at least three
sides completely open to public view.
(3) The shade covering or group of shade coverings shall not interfere with a
lifeguard's ability to see the water or adjacent lifeguard towers and any
shade covering or group of shade coverings shall be relocated at the
request of a lifeguard, law enforcement officer, or other authorized
personnel.
(4) To allow for reasonable ingress and egress on any ocean beach, bay
beach or tideland, shade coverings or groups of shade coverings,
configured to comply with the maximum size restriction, shall maintain a
five (5) foot separation from other shade coverings or groups of shade
coverings.
(5) The shade covering or group of shade coverings shall not be placed in
proximity to beach fire rings so as to create a fire hazard. The
reasonableness of proximity to the fire rings will be determined by existing
conditions. Under no condition, shall a shade covering or group of shade
coverings be within ten (10) feet of any exposed fire. Any shade covering
or group of shade coverings shall be relocated at the request of a
lifeguard, Fire Department official, or law enforcement officer.
(6) The shade covering or group of shade coverings shall not obstruct any
emergency or public access or be located within fifty (50) feet of any
emergency or public access.
(7) The shade covering or group of shade coverings shall only be erected,
maintained, or occupied during daytime hours (six a.m. to seven p.m.)
SECTION 3: If any section, subsection, sentence, clause or phrase of this
ordinance is, for any reason, held to be invalid or unconstitutional, such decision
shall not affect the validity or constitutionality of the remaining portions of this
ordinance. The City Council hereby declares that it would have passed this
ordinance, and each section, subsection, clause or phrase hereof, irrespective of
the fact that any one or more sections, subsections, sentences, clauses and
phrases be declared unconstitutional.
SECTION 4: The Mayor shall sign and the City Clerk shall attest to the passage of
this ordinance. The City Clerk shall cause the same to be published once in the
official newspaper of the City, and it shall be effective thirty (30) days after its
adoption.
SECTION 5: This ordinance was introduced at a regular meeting of the City
Council of the City of Newport Beach, held on the: stli day of September . , 2009,
and adopted on the,22nolay of September 2009, by the following vote, to wit:
AYES, COUNCILMEMBERS Henn, Rosansky, Webb,
Gardner. Daigle. Mayor Selichi Curry
NOES, COUNCILMEMBERS None
ABSENT COUNCILMEMBERS None
2
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MAYO
ATTEST:��
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Leilani Brown, City Clerk
APPROVED AS TO FORM:
OF OFT ECITY ATTORNEY
David R. Hunt, tity Attorney
A09 -00371
Tent & Umbrella 06.30. 09
3
STATE OF CALIFORNIA }
COUNTY OF ORANGE
CITY OF NEWPORT BEACH }
I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby
certify that the whole number of members of the City Council is seven; that the foregoing ordinance,
being Ordinance No. 2009 -18 was duly and regularly introduced on the 8th day of September, 2009,
and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly
held on the 22nd day of September, 2009, and that the same was so passed and adopted by the
following vote, to wit:
Ayes: Henn, Curry, Rosansky, Webb, Gardner, Daigle, Mayor Selich
Noes: None
Absent: None
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 23rd day of September, 2009.
(Seal)
City Clerk
City of Newport Beach, Lifornia
CERTIFICATE OF PUBLICATION
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 Ordinance No. 2009 -18 has been duly and regularly published according to law and the order of
the City Council of said City and that same was so published in The Daily Pilot, a daily newspaper of
general circulation on the following date, to wit: September 26, 2009.
In witness whereof, I have hereunto subscribed my name this �� day of 0°r
" NXK
2009.
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City Clerk
City of Newport Beach, California