HomeMy WebLinkAbout6 - NBMC Chapter 11.04 - Conduct in ParksItem No. W
October 5, 2004
RECREATION & SENIOR SERVICES DEPARTMENT
• TO: Parks, Beaches and Recreation Commission
FROM: Marie Knight, Director
Recreation & Senior Services Department
SUBJECT: Revisions to NBMC Chapter 11.04 —Conduct in Parks
RECOMMENDATION
Forward proposed revisions to NBMC Chapter 11.04 and to City Council for their approval.
BACKGROUND
In April 2003, the Commission approved a recommendation to City Council for a Park Patrol
program based in education and allowed for enforcement of park rules and regulations. At
that time, it was planned that citations for Code violations would be processed through Code
Enforcement Officers currently on staff. After Commission approval, staff began to work on
the details of the program to present a more comprehensive overall program to the Council.
In working with both the Police Department and Code Enforcement in setting up training, and
policies and procedures, both requested that Park Patrol officers be granted Citation authority
to free up both the Police and Code Enforcement officers from leaving their regular
assignments or more emergency duties to respond to some of the park issues.
• On July 22, 2003, City Council approved the Park Patrol program to include the authority to
write administrative citations for Code violations. As part of the approval, staff was directed to
review the current Code governing the use of parks and to bring the necessary revisions of
the Code back to Council with respect to the use of parks, the enforcement of code violations
and services offered, such as permitted exclusive use of parks.
On December 9, 2003, Council amended Chapter 1.12 of the NBMC to authorize the Park
Patrol to write administrative citations.
Park Patrol Officers shall have the power to issue citations for violations of
Chapters 5.10 and 11. 04, of this code and for violations of any provision of this
code occurring in parks or parking violations occurring in parking lots servicing
parks and other City facilities.
This amendment allows Park Patrol officers to cite if necessary for those violations in the
Municipal Code that occur at City parks, such as alcohol consumption, animal leash laws,
use of paint ball guns, water quality issues, commercial use of public property, etc. In that
report, City Council was informed that staff, along with the City Attorney's office were drafting
revisions to both current chapters of the Code regulating special events and conduct in parks
and that they would be brought back to Council at a future date for their review. (Revision to
NBMC 11.03 Special Event Permits were approved by City Council on March 23, 2004.)
• In April 2004, staff brought to the Recreation Activities Committee and the Commission
proposed revisions to the current Chapter 11.04 — Conduct in Parks for review and input. It
was staffs intention at the time to bring all the potential violations within the current Municipal
Code that affect parks under the Chapter and to add to the Chapter language that would
assist Park Patrol in their efforts to provide a safe and enjoyable experience at City parks.
Proposed Revisions to NBMC Chapter 11.04— Conduct in Parks
Page 2
• It was the opinion of the Commission at that time, that the proposed revisions were too
substantial and that some of the new provisions were not necessary. The Commission
expressed that this expanded Ordinance would cause concern on the part of residents and
could seem like overkill in enforcement authority. The Commission was also concerned that
the revisions would necessitate more signage at City parks and facilities.
DISCUSSION
Staff has again revised the Ordinance and worked with Park Patrol staff and the City
Attorney's office to propose a revision that includes what staff feels are necessary changes
and clarifications to the existing language, as well as a few additions that have become main
problem areas that are faced in the parks.
Much of the revised language include definitions and clarifications in authority that the
Attorney's office feel is necessary in establishing authority and rights to provide use of City
parks. Outlined below are the necessary enforcement related sections of the Chapter that are
new as well as the basis for why they are necessary.
• 11.04.040 Park Hours — Section B
Section B has been added as we are experiencing problems in some of the parks with large
Commercial vehicles parking overnight and taking up multiple parking spots which blocks
parking for program participants especially in the smaller parking lots.
• • 11.04.060 Permit Requirement.
This entire section is new and grants the City the needed authority to reserve parks
and facilities for exclusive use. This section allows staff to authorize, by permit,
exclusive use of picnic shelters, facilities, etc. for such events as birthday parties,. This
would include authorization for scheduled use of sports fields by youth sports
organizations. The Park Patrol will have the enforcement capabilities needed to protect
the permittees rights under the permits that have been issued. This is a continual
problem as there are residents or groups that pay a fee and obtain a permit but without
authority in the code, staff has been unable to enforce the right to use the facility
against others who refuse to leave when the permittee arrives.
In addition, this section allows the City to establish "Safety Zones" for after school
programs. Recreation operates three after school sites all of which are located on a park
site. In the past, problems have been experienced with adult individuals hanging out in
park areas where children are participating in activities and bothering the children. In order
to protect those children, staff needs the ability to request the individual(s) to leave the
play area if it is felt that they in any way pose a danger. Currently there is nothing in the
Code that provides Park Patrol or the Police Department the authority to ask anyone to
leave the park area.
• 11.04.070 Athletic Leagues — Permit Required.
• This new requirement is necessary to cover the maintenance cost of regular and
ongoing use of facilities as well as to regulate the location of use. This does not apply
to a pick up game of soccer or a one time use of a field as long as there are no other
permitted users for the location.
is
1]
•
Proposed Revisions to NBMC Chapter 11.04— Conduct in Parks
Page 3
• 11.04.080 Prohibited Conduct. — Section G
This section has been added to comply with new State Law that requires the posting of
these signs.
PARK PATROL GOALS
The goal of the Park Patrol program remains that of education on the use of City parks and
the provision of a safe park environment for residents. Since it's inception the Park Patrol
staff have been trained that unless there is an immediate health or safety concern or a
problem with a refusal to relinquish a permitted area, that they must provide a written warning
before a citation is written. In addition, once the new proposed Ordinance has been approved
by Council, an informational brochure will be created to be used by the Park Patrol staff as an
education tool when informing residents about the proper conduct in parks.
ADDITIONAL SIGNAGE
The Commission also asked staff to research the issue of signage related to any revisions to
the current Code and if the City is required to post all the offenses that staff could potentially
cite for. The City Attorney's office researched this issue and has advised staff that no such
posting is required by law. All that is required is that the Ordinance sufficiently defines the
prohibited conduct so that an ordinary person could understand, or have "notice," of what is
prohibited. (Actual knowledge of the law is no defense; everyone is presumed to have
knowledge of the law.) Thus, adoption of this proposed Ordinance would not require any
additional posting of notices over what is currently being done in City parks.
Attachments: Revised Ordinance
Current Code
NO. 2004-
• 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
RULES AND REGULATIONS IN PARK FACILITIES.
SECTION 1. LEGISLATIVE FINDINGS
The City Council, in adopting Ordinance No. makes the following findings.
A. The City of Newport Beach owns and operates 67 parks and recreational facilities in the
City to serve residents and visitors alike.
B In order to ensure maximum public use and enjoyment of the City's public parks and
recreation facilities, the City Council finds it necessary to establish rules and regulations
governing their operation and use.
C. The City Council also finds it necessary to provide a method to enforce these rules and
regulations by providing park patrol officers with the authority to cite visitors for violations
of the rules and regulations.
NOW THEREFORE, in consideration of the findings made in SECTION 1, the City Council
of the City of Newport Beach ORDAINS as follows:
• SECTION 2.
Chapter 11.04 is deleted in its entirety.
SECTION 3.
The following shall be added in its place to read as follows:
CHAPTER 11.04
1
PARK FACILITIES — RULES AND REGULATIONS
Sections:
11.04.010
Intent and Purpose.
11.04.020
Definitions.
11.04.030
General Administration.
11.04.040
Park Hours.
11.04.050
Closed Park Areas.
11.04.060
Permit Requirement.
11.04.070
Athletic Leagues — Permit Required.
11.04.080
Prohibited Conduct.
• 11.04.090
Violation of Rules and Policies of Department
11.04.100
Ejection.
11.04.110
Prohibition Against Obstructing Performance of City Employee.
11.04.120
Exemption.
1
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
park facilities subject to rules and regulations necessary for administration and maintenance
of parks and facilities. All persons using the City's public park facilities shall comply with the
provisions of this chapter. The Director of Recreation & Senior Services shall be the City
official primarily responsible for administering the use of the City's public park facilities and
shall be authorized to establish and enforce all applicable codes, policies rules and
regulations regarding the use and administration of public park facilities within the City of
Newport Beach.
11.04.020 Definitions.
For the purposes of this chapter, the following words and phrases shall have the meaning set
forth in this section.
A. Director: The term "Director' shall mean the Director of the Recreation & Senior Services
Department.
B. Park or Park Facility: The term "park" or "park facility" shall mean all publicly owned or
leased property, grounds, parking lots, roadways, venues, bike paths, 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.
C. Park Patrol: The term "Park Patrol" shall mean and include the park patrol officers
• authorized under Municipal Code Section 1.12.020 of Chapter 1.12.
D. Regulations: The term "regulations" shall mean 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.
11.04.030 General Administration.
A. Any activity held at a park facility will be conducted according to the regulations of this
chapter and all applicable laws, including fire and safety regulations and applicable
municipal code provisions.
B. Any group or individual violating the regulations or conditions of any permit shall be
subject to the immediate revocation of facility use privileges and the City will retain all fees
previously paid.
C. Groups or individuals using a park facility shall be responsible for paying for any damage
to or loss of City property connected with such use.
D. When groups or organizations desire to use a park facility on an ongoing basis, such use
shall be subject to the Directors approval through a separate facility use agreement.
E. Use of park facilities for group activities or events shall not interfere with the public
enjoyment of the park; 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 facility.
F. Scheduling procedures, use regulations and application processes for City park facilities
shall be determined by the Director.
11.04.040 Park Hours.
• No person shall enter or remain upon any park facility between the hours of 11 p.m. and 6
a.m. (Current code)
11.04.050 Closed Park Areas.
When necessary for the protection of the public interest, health, or welfare, the Director shall
have the authority to close from public access or use, any public park 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 Requirement.
(NEW: This section grants the needed authority for park reservations, field allocations,
picnic permits, after school program designated use, etc.)
A. The Director may issue permits allowing use of park facilities by one or more groups to the
exclusion of others in connection with planned programs and recreational activities. No
persons other than those authorized by the permit shall enter or remain on designated
park areas during the period covered by the permit. All park facility use permits issued
may only be used by the permit holder. Such permits are non - transferable.
B. The Director shall have the authority to post reservation notices at park facilities notifying
• the public that a park facility 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 facility, site, tables or other public
accommodations identified in the permit.
C. Any person not having a permit for the use of a park facility shall surrender or turn over
possession of the park facility to any person having possession of a valid permit from the
Director. It shall be unlawful for any person not having a permit from the Director to refuse
to or fail to surrender the use of such park facility to any person who has a permit for the
use of such park facility from the Director.
11.04.070 Athletic Leagues — Permit Required.
Any organized group engaged in repetitive athletic leagues, athletic competition, or any other
organized activity for any type of sport at a designated park area shall first obtain a permit
prior to occupying any City park facility for games, practices, clinics, or other related events.
(NEW: This new requirement is necessary in order to recover the maintenance cost of
regular and ongoing use of the field as well as to regulate location of use)
•
11.04.080 Prohibited Conduct.
It shall be unlawful for any person to conduct, perform or participate in any of the following
• activities at any park facility, unless otherwise authorized to do so by the Director.
A. Hit, strike or chip a golf ball except in designated areas for such purposes. (Current Code)
B. Use of rollerblades, rollerskates or skateboards on any public tennis court. (Current Code)
C. Remove, damage or destroy any athletic equipment or paraphernalia provided by the City
for use, 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. (Current Code)
D. Play basketball on any outdoor public basketball court within three hundred (300) feet of
any residentially zoned parcel, between sunset or 7 p.m., whichever is later, and 8 a.m.
(Current Code)
E. Use any park facility for which a fee is charged without first having paid the fee required
therefore and having received any required permit. (Current Code)
F. Drive, propel, ride or park or leave standing any bicycle or any vehicle propelled by a
motor except in areas designated for such purposes, however, 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 5.10 of this Code. This section does not permit public parking of event attendees.
(Current Code)
• G. Smoke within 25 feet of a playground and 20 feet of a community center, or in any
building or a portion thereof where signs are in place prohibiting smoking. The Director
shall have the authority to designate buildings or portions thereof where smoking is
prohibited. (This is new State Law)
H. Camp or lodge except in places designated for such purposes and with specific
permission from the City to do so. (Current Code)
11.04.090 Violation of Rules and Policies of Department.
No person shall disobey or violate any of the rules, policies or regulations of the Recreation &
Senior Services Department governing the use and enjoyment by the public of any park or
park facility.
11.04.100 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 by the Director or his or her
designee or the Police Department.
11.04.110 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 facility.
11.04.120 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 & 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.
SECTION 4.
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 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 of the City, and it shall
be effective thirty (30) days after its adoption.
SECTION 6.
This ordinance was introduced at a regular meeting of the City Council of the City of Newport
• Beach, held on the _ day of , 2004, and adopted on the _ day of
2004, by the following vote, to wit:
AYES, COUNCILMEMBERS
NOES, COUNCILMEMBERS
ABSENT COUNCILMEMBERS
MAYOR
Tod W. Ridgeway
• ATTEST:
City Clerk
1�
Pi
•
Section 11.04.010 Parks Defined.
Chapter 11.04 CONDUCT IN PARKS
Section 11.04.010 Parks Defined.
For the purposes of this chapter, the term "park" shall mean and include all dedicated parks,
landscaped parkways, traffic islands, and any other property owned and/or maintained by the
City. (Ord. 92-41 § 1, 1992: Ord. 967 (part), 1961: 1949 Code § 4204.1)
Page 1 of 1
http: / /municipalcodes.lexisnexis.com /codes /newportb /_DATA/Title_11 /04 /010.html 9/27/2004
n
U
Section 11.04.020 Prohibited Conduct.
Chapter 11.04 CONDUCT _INPARKS
Section 11.04.020 Prohibited Conduct.
Page 1 of 1
No person shall do any of the following acts, or engage in any of the following specified
conduct, within any park:
A. Remove, damage or destroy any athletic equipment or paraphernalia provided by the City
for use, provided, 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;
B. Drive, propel, ride, park or leave standing any bicycle or any vehicle propelled by a motor
except in areas designated for such purposes, provided, however, 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 5.10 of this
Code. This section does not permit public parking of event attendees;
C. Hit, strike or chip a golf ball except in areas designated for such purposes;
D. Camp or lodge except in places designated for such purposes and with specific
permission from the City to do so;
E. Use any park facility for which a fee is charged without first having paid the fee required
therefor and having received any required permit;
F. Play basketball on any outdoor public basketball court within three hundred (300) feet of
any residentially zoned parcel, between sunset or seven p.m., whichever is later, and eight a.m.;
G. Use of rollerblades, rollerskates or skateboards on any public tennis court. (Ord. 96 -34 §
1, 1996: Ord. 96 -14 § 1, 1996: Ord. 95-44 § 1, 1995: Ord. 92-41 § 2, 1992: Ord. 1510 § 1, 1973:
is Ord. 967 (part), 1961: 1949 Code § 4204.2)
•
http: / /municipalcodes. lexisnexis .com /codes /newportb /_DATA/Title 11 /04 /020.htm1 9/27/2004
•
0
0
Section 11.04.030 Use of Parks at Night.
Chapter 11,04 CONDUCT IN PARKS
Section 11.04.030 Use of Parks at Night.
Parks shall be closed between the hours of eleven p.m. and six a.m. of the following day. No
person shall remain in any park during the prohibited hours. Parks may remain open at the
discretion of the Community Services Director. (Ord. 93 -26 § 3 (part), 1993: Ord. 92 -53 § 1,
1992)
Page 1 of 1
bttp:// municipalcodes .lexisnexis.com/codes /newportb/ DATA/Title 11 /04 /030.htm1 9/27/2004