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HomeMy WebLinkAbout2012-6 - Amending Chapter 11.04 of the Newport Beach Municipal Code Pertaining to Parks, park Facilities and Beaches and Repealing Section 11.08.080 of the Newport Beach Municipal Code Pertaining to Smoking on City BeachesORDINANCE NO. 2012 -6 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, AMENDING CHAPTER 11.04 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO PARKS, PARK FACILITIES AND BEACHES AND REPEALING SECTION 11.08.080 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO SMOKING ON CITY BEACHES WHEREAS, the City of Newport Beach ( "City ") is a charter city, governed by a charter adopted by the citizens of the City; and WHEREAS, Article XI, Section 5 of the Constitution of the State of California authorizes charter cities to enact ordinances with respect to their municipal affairs; and WHEREAS, the City Council finds and declares that the proposed ordinance relates to matters that are solely a municipal affair and not matters of statewide concern; and WHEREAS, the City Council finds and declares that the City of Newport Beach presently owns and operates 73 parks and recreational facilities in the City to serve residents and visitors alike and is in the planning stages to build additional parks and recreational facilities; and WHEREAS, the City Council finds and declares that the City of Newport Beach has 6.7 miles of ocean beaches and 2.5 miles of bay beaches which annually attract up to ten million beach visitors; and WHEREAS, the City Council finds and declares that it is the intent of this Ordinance to allow maximum public use of the City's public Parks, Park Facilities and Beaches subject to rules and regulations necessary for administration, use, operation and maintenance of the City's public Parks, Park Facilities and Beaches; and WHEREAS, the City Council finds and declares that it is necessary to provide a method to enforce these rules and regulations by providing peace officers, code enforcement officers and park patrol officers with the authority to cite residents and visitors for violating these rules and regulations; and WHEREAS, the City Council finds and declares that it is the intent of this Ordinance to protect the public health, safety, general welfare, and provide for the public enjoyment of the City's Parks, Park Facilities and Beaches; and WHEREAS, the City Council finds that the proposed ordinance will not result in a direct or reasonably foreseeable indirect physical change in the environment (Section 15060(c)(2) of the California Environmental Quality Act Guidelines); and WHEREAS, this agenda item has been noticed in accordance with the Ralph M. Brown Act (72 hours in advance of the public meeting) and the item appeared upon the agenda for this meeting which was posted at City Hall and on the City's website. NOW THEREFORE, in consideration of the preceding findings and declarations, the City Council of the City of Newport Beach, California, HEREBY ORDAINS as follows: Section 1: to read as follows: Sections: 11.04.010 11.04.020 11.04.030 11.04.040 11.04.050 11.04.060 11.04.070 11.04.080 11.04.090 11.04.100 11.04.110 11.04.120 11.04.130 11.04.140 Chapter 11.04 of Newport Beach Municipal Code is hereby amended Chapter 11.04 PARKS, PARK FACILITIES, AND BEACHES Intent and Purpose. Definitions. General Administration. Park Hours. Closed Park Areas. Permit or Agreement Requirement. Prohibited Conduct. Smoking Prohibited. Abandoned Bicycle. Violation of Rules and Policies of Department. Ejection. Prohibition Against Obstructing Performance of City Employee. Exemption. 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. 11.04.020 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. "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 Municipal Code Section 1.12.020 of Chapter 1.12. "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. 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 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 Park or Park Facilities shall be determined by the Director. 11.04.040 Park Hours. No person shall enter or remain upon any Park or Park Facility between the hours of eleven (11:00) p.m. and six (6:00) a.m. the following morning. 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. 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 non - transferable. 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. 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. 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 seven (7:00) p.m. and eight (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 sections 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 of this Code. This section does not permit public parking of event attendees. G. Camp or lodge except in places designated for such purposes and with specific permission from the City to do so. 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. 11.04.080 Smoking Prohibited. A. No person shall Smoke or be Smoking in a Park, Park Facility, Beach, or Oceanfront Boardwalk or within 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 374.4, 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. 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. 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. 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 Patrol Officer, a Code Enforcement Officer, Lifeguard, or a Peace Officer. 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. 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 of this Code. 11.04.140 Penalty. A. Any violation of this Chapter is subject to those remedies provided for in Chapters 1.04 and 1.05 of this Code 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. Section 2: Section 11.08.080 of Newport Beach Municipal Code is hereby repealed in its entirety. 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 to more sections, subsections, sentences, clauses and phrases be declared unconstitutional. Section 4: Neither the adoption of this ordinance nor the repeal of any other ordinance of this City shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date hereof, nor be construed as a waiver of any license or penalty or the penal provisions applicable to any violation thereof. The provisions of this ordinance, insofar as they are substantially the same as ordinance provisions previously adopted by the City relating to the same subject matter, shall be construed as restatements and continuations, and not as new enactments. Section 5: 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 within fifteen (15) days after its adoption, and it shall be effective thirty (30) days after its adoption. This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 14th day of February, 2012, and adopted on the 28th day of February, 2012, by the following vote, to -wit: ATTEST: APf CIT M AYES, COUNCILMEMBERS Henn, Rosansky, Hill, Daigle, Gardner, Curry NOES,COUNCILMEMBERS sai ; ,h ABSENT, COUNCILMEMBERS, MAYOR STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH 1 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. 2012 -6 was duly and regularly introduced on the 14th day of February, 2012, and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 28th day of February, 2012, and that the same was so passed and adopted by the following vote, to wit: Ayes: Hill, Rosansky, Curry, Mayor Gardner, Henn, Daigle Noes: Selich Absent: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 29th day of February, 2012. City Clerk City of Newport Beach, California CERTIFICATE OF PUBLICATION STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, LEILAIMI I. BROWN, City Clerk of the City of Newport Beach, California, do hereby certify that Ordinance No. 2012 -6 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 dates: 2012. Introduced Ordinance: February 18, 2012 \ Adopted Ordinance: March 3, 2012 \ 7711 In witness whereof, I have hereunto subscribed my name this ILJKday of Mark"', fii, / A&�-- City Clerk City of Newport Beach, California