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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 7 MAYO ATTEST:�� ►Uvv� 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. `y [" OM- City Clerk City of Newport Beach, California