HomeMy WebLinkAbout2014-2 - Adding Section 11.08.060 to Chapter 11.08 of the Newport Beach Municipal Code Relating to Beach Fire RingsORDINANCE NO. 2014 -2
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, ADDING SECTION
11.08.060 TO CHAPTER 11.08 OF THE NEWPORT
BEACH MUNICIPAL CODE RELATING TO BEACH FIRE
RINGS
RECITALS
WHEREAS, the City of Newport Beach ( "City ") is a tourist destination for millions
of in -state and out of state residents, and international visitors;
WHEREAS, many visitors are drawn to the City for our fresh air, clean ocean
water, and miles of pristine coast line;
WHEREAS, the City provides approximately 27 fire rings at Corona del Mar
State Beach and 33 fire rings on the Balboa Peninsula for the enjoyment of our
residents and visitors;
WHEREAS, the City recognizes the importance of beach recreation and the
cultural significance of fire ring use by both residents and visitors;
WHEREAS, the City understands the competing needs and interests of both
residents and visitors and is aware that fire rings are appreciated by many, but that the
use thereof may result in adjacent residential areas being exposed to unwanted odors
and emissions;
WHEREAS, the City has a compelling interest in the health, safety, and welfare
of both residents and visitors and wishes to prevent any use of fire rings that may
negatively affect beachgoers, residents, and the environment;
WHEREAS, the City believes there is no "one size fits all" solution for fire rings
and that every city and its residents should decide for themselves the best way to
manage fire rings in their jurisdiction; and
WHEREAS, the City desires to implement the regulations contained in this
ordinance for a fixed period of time to determine their effectiveness in improving
beachgoers and residents' experiences and overall impact on the environment.
NOW THEREFORE, the City Council of the City of Newport Beach does ordain
as follows:
11
Section 1: Newport Beach Municipal Code Section 11.08.060 is added to
Newport Beach Municipal Code Chapter 11.08 to read as follows:
11.08.060 Use of Beach Fire Rings.
A. No person shall burn, ignite or otherwise set on fire any material in
a fire ring or fire pit, except natural wood, natural gas, fire log(s), or
charcoal.
B. To comply with South Coast Air Quality Management District
('SCAQMD') Rule 444, the City Manager may limit or prohibit the
burning of all materials in a fire ring or fire pit, except for a material
authorized by SCAQMD, provided that the City Manager notifies
the public of this restriction by placing a sign within 500 feet of the
fire ring(s) subject to this restriction. This Subsection (B) of Section
11.08.060 shall automatically sunset and be of no further effect as
of November 1, 2016.
C. For purposes of this Section, the following terms shall be defined as
follows:
1. 'Natural Wood' means the hard fibrous substance consisting
basically of xylem that makes up the greater part of the stems,
branches, and roots of trees and shall not include any material
that has been processed or treated including, but not limited to,
wooden pallets, books, newspapers, furniture, or construction
materials.
2. 'Natural Gas' means any hydrocarbon rich gas naturally found in
the atmosphere.
3. 'Fire Log' means any manufactured log constructed of sawdust;
sawdust and paraffin; or waste fiber from the oil palm.
4. 'Charcoal' means a carbon substance obtained as a residue
when wood or other organic matter is heated in the absence of
air.
Section 2: The recitals provided in this ordinance are true and correct and are
incorporated into the substantive portion of this ordinance.
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 or phrases be declared unconstitutional.
E
Section 4: The City Council finds the approval of this ordinance is not subject
to the California Environmental Quality Act ( "CEQA ") pursuant to Section 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 to have a significant effect on the environment.
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 pursuant to
Charter Section 414, 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 28th day of January, 2014, and adopted on the 11th day of
February, 2014, by the following vote, to wit:
ATTEST:
Leilani I. Brown, City Clerk
APPROVED �$ TO FORM:
CITY ATT, RNEY'S OFFICE
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Aaron C. Harp, City Attorney
AYES, COUNCIL MEMBERS Gardner, Petros, selich
curry, Henn, Mayor Hill
NOES, COUNCIL MEMBERS Daigle
ABSENT COUNCIL MEMBERS None
Rush N. HMI, II, Mayor
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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. 2014 -2 was duly and regularly introduced on the 18th day of January, 2014, and adopted by the City
Council of said City at a regular meeting of said Council, duly and regularly held on the 11th day of
February, 2014, and that the same was so passed and adopted by the following vote, to wit:
AYES: Gardner, Petros, Selich, Curry, Henn, Mayor Hill
NAYS: Daigle
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 12th day of February, 2014.
PO
City Clerk f
City of Newport Beach, California
(Seal)
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. 2014 -2 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:
Introduced Ordinance: February 1, 2014
Adopted Ordinance: February 15, 2014
2014. �j/�
In witness whereof, I have hereunto subscribed my name this day of Mad-"
City Clerk
City of Newport Beach, California
"A Li r-0"1-',0r (Seal)