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Home My WebLink About15 - Prohibiting Obstructions on Public BeachesCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 15 May 26, 2009 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Police Department John Klein, Chief of Police, 644 3701, JKlein @nbpd.org Dale Johnson, Captain, 949 644 3720, DJohnson @nbpd.org SUBJECT: CHANGE TO NBMC 11.08.010 OBSTRUCTIONS ON PUBLIC BEACHES PROHIBITED ISSUE: Should the City Council approve changes to 11.08.010 NBMC prohibiting the use of certain shade type coverings on public beaches? RECOMMENDATION: Introduce the attached Ordinance amending Section 11.08.010 of Title 11 of the Newport Beach Municipal Code pertaining to recreational activities, and pass to second reading on June 9, 2009. DISCUSSION: Background: With the advent of new shade coverings, it has become apparent to staff and residents that more beachgoers are using "easy -up" devices and tent -style apparatus to provide shade while visiting City public beaches. Many of these shade devices have fabric sides, which either partially or completely enclose the covering. This enclosed covering prohibits Police and other public safety personnel from clearly observing all areas of the beach for public safety concerns, including any illegal activities inside the enclosures, such as alcohol consumption or narcotics use. The shade coverings are also an eyesore to both visitors and residents alike, and prohibit beachgoers from having an appropriate view of the beach and water. These devices often take up considerable space on the beach that could otherwise be utilized by visitors. As a comparison with neighboring jurisdictions, the Laguna Beach Municipal Code (LBMC 18.04.020) prohibits the use of a tent upon any beach and prohibits awnings, umbrellas, and covers over six feet tall or larger than six feet square upon any beach. Change to NBMC — 11.08.010 May 26, 2009 Page 2 The Huntington Beach Municipal Code (HBMC 13.08.051) prohibits any canopy in excess of 100 square feet, or any tent without at least two sides completely open to public view on the beach area. According to California State Parks employee, Ken Kramer, at Crystal Cove State Beach tents are prohibited, which they view as camping; however, they do allow umbrellas and "easy -up" shade coverings that are not fully enclosed on the State beach. City staff has received numerous complaints from residents regarding their observations of a proliferation of various shade coverings and devices on public beaches, which have been described as "eyesores" to some, significantly obstructing the natural aesthetic views of the ocean and beaches. These tents and shade coverings are often accompanied by barbeques, beach furniture, and other devices that occupy a tremendous amount of space and closely resemble "campsites" that add to the general overcrowding of the beach. The proposed changes are intended as a balance between the needs of the public for some measure of shade on the beaches, the overall aesthetics of perhaps the City's most remarkable natural resource, and the need to maintain unobstructed observation by City staff and responsible members of the public of potential unlawful activity, in often very crowded conditions. Efforts to educate beachgoers about prohibited equipment on the beach, such as barbeques, began in earnest last summer. Similarly, this proposed change would require the public to be educated concerning appropriate shading devices. These education and enforcement efforts are further challenged by the limited resources of the Police Department, the Recreation and Senior Services Department, and other City staff, all of whom face competing priorities. It is likely that it will take several seasons of education and enforcement to gain widespread compliance and fully realize a significant improvement in this area. Most of the general public, when made aware of an existing ordinance, will comply with the regulations, and that is the expectation with this ordinance as well. City Ordinance NBMC 11.08.010 allows for the placement of beach umbrellas, sunscreens, shades, or similar objects in conjunction with the daytime use of any ocean beach, bay beach, or tideland. City Ordinance NBMC 11.08.020 prohibits the use of beach umbrellas that have a side wall attached thereto and requires beach umbrellas to, at all times, be fully exposed from all sides of the public view. The proposed changes will definitively clarify which type of beach umbrellas are allowed, as the options available to consumers have changed and may continue to change in the future. In response to concerns from residents, the proposed changes are provided for your consideration. Environmental Review: This Ordinance does not constitute a project under the California Environmental Quality Act. Change to NBMC — 11.08.010 May 26, 2009 Page 3 Public Notice: Notice of this item was noticed in accordance with the provisions of the Brown Act. Funding Availability: Minor costs associated with changing of the signs. Prepared by: CoLxolon,o� Dale Joh son, Captain Patrol Division Attachment: Proposed Ordinance Submitted by: ohn Klein CHIEF OF POLICE ORDINANCE NO. 2009- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING SECTION 11.08.010 OF TITLE 11 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO RECREATIONAL ACTIVITIES The City Council of the City of Newport Beach does hereby ordain that certain Newport Beach Municipal Code section is 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), tent, canopy, awning, umbrella over six feet l61 tall, "easy-up" type shade covering or similar shade covering or device, 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. The provisions of this section shall not prohibit the placement of beach an umbrella under six feet (61 tall+ellas consisting of a fabric held on a collapsible frame of thin ribs radiating from the top of a single carrying stick post pole or handle s�, shades OF simllaF objeGts in conjunction with the daytime use of any ocean beach, bay beach or tideland. SECTION 2: 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 3: 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 4: This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach, held on the _ day of 2009, and adopted on the _ day of 2009, by the following vote, to wit: 1 AYES, COUNCILMEMBERS NOES, COUNCILMEMBERS ABSENT COUNCILMEMBERS MAYOR ATTEST: Leilani Brown, City Clerk APPROVED AS TO FORM: David R. Hunt, City Attorney 2 ORDINANCE NO. 2009- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING SECTION 11.08.010 OF TITLE 11 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO RECREATIONAL ACTIVITIES The City Council of the City of Newport Beach does hereby ordain that certain Newport Beach Municipal Code section is 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), tent, canopy, awning, umbrella over six feet (6') tall, "easy -up" type shade covering or similar shade covering or device, fence, fire pit or barbecue, or similar encroachment on any public bay beach, ocean beach, tideland or park unless authorized or pennitted to do so by formal action of the City Council, the written consent of the City Manager, or the provisions of this Code. The provisions of this section shall not prohibit the placement of beach an umbrella under six feet (6') tall consisting of a fabric held on a collapsible frame of thin ribs radiating from the top of a single carrying stick, post, pole or handle, in conjunction with the daytime use of any ocean beach, bay beach or tideland. SECTION 2: 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 3: 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 4: This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach, held on the _ day of 2009, and adopted on the _ day of 2009, by the following vote, to wit: 1 AYES, COUNCILMEMBERS NOES, COUNCILMEMBERS ABSENT COUNCILMEMBERS MAYOR ATTEST: Leilani Brown, City Clerk APP OVED AS TO FORM: David R. Hunt, City Attorney OA