HomeMy WebLinkAbout2003-5 - Establishing Safety Enhancement Zones, Designating a Portion of an Area in West Newport Beach as a Safety Enhancement Zone During July Fourth and Amending Provisions of Chapters 1.04, 1.05, 5.11, 5.95 and 10.58 of the Newport Beach Municipal CodeORDINANCE NO. 2003- 5
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA ESTABLISHING
SAFETY ENHANCEMENT ZONES, DESIGNATING A
PORTION OF AN AREA IN WEST NEWPORT BEACH AS A
SAFETY ENHANCEMENT ZONE DURING JULY FOURTH
AND AMENDING PROVISIONS OF CHAPTERS 1.04, 1.05,
5.11, 5.95 AND 10.58 OF THE NEWPORT BEACH
MUNICIPAL CODE TO INCREASE FINES AND PENALTIES
FOR MUNICIPAL CODE VIOLATIONS, PROHIBIT THE
DELIVERY OF ALCOHOL TO ALCOHOL BEVERAGE
OUTLETS, INCREASE THE RESPONSIBILITIES OF THE
OWNERS. OF SHORT TERM LODGINGS AND REQUIRE
IMMEDIATE TERMINATION OF CERTAIN ACTIVITIES
UPON REQUEST OF A PEACE OFFICER IN AN AREA
DESIGNATED AS A SAFETY ENHANCEMENT ZONE AND
FOR THE TIME THE DESIGNATION IS EFFECTIVE.
SECTION 1. LEGISLATIVE FINDINGS
The City Council, in adopting Ordinance No. 2003- 5makes the following findings
based, in part, on the reports presented and the testimony provided during the
meetings on April 22, 2003 and May 13, 2003.
A. For more than 25 years, Newport Beach has been, especially during
the July 4`h holiday, a destination for a growing influx of visitors from
all over Southern California.
B. West Newport is a densely populated residential area with some
commercial uses that is generally bounded by the Pacific Ocean on
the south, 32nd Street and Newport Boulevard on the east, Pacific
Coast Highway on the north and the Santa Ana River on the west.
C. That portion of West Newport that lies east of 54' Street has
experienced some of the largest crowds during the July 4' holiday.
D. The enormous crowds in West Newport during the July 4`h holiday and
the heavy traffic congestion that occurs during that period, when
combined with the unruly behavior of some visitors /residents that is
partly attributable to the consumption of alcohol, the relatively narrow
streets, the significant number of short term lodging units and the
numerous large parties, have led to many arrests, have impaired the
ability of paramedics and ambulances to access the area in the event
of a medical emergency and have created the potential for a major
disturbance.
E. West Newport is the site of numerous large parties and gatherings on
private property during the July 4`h holiday and the interaction
between partygoers and other visitors has been the catalyst for
frequent physical altercations that created the potential for a major
disturbance and/or the need for emergency medical assistance.
F. In West Newport. on July 4`h in 2002, the Newport Beach Police
Department made more than 160 arrests, issued more than 1300
citations and served more than 30 "disturbance advisement cards"
(pursuant to Chapter 10.58) for violations of various state laws and
municipal ordinances.
G. In West Newport on July 4`h in 2002, the Newport Beach Fire .& Marine
Department responded to numerous calls for medical aid including
many calls that were generated by individuals who have been involved
in altercations and who had sustained relatively serious injuries.
H. To protect the safety of West Newport residents . and visitors during
the July 4"' holiday, the City has assigned in excess of 150 Newport
Beach Police Department employees to the area, contracted with other
law enforcement agencies for more than 50 additional personnel to
assist Newport Beach Police Officers, temporarily closed certain
streets to vehicular and/or pedestrian traffic and increased
enforcement of certain provisions of the Building Code and Fire Code
designed to protect public safety such as the prohibition against
overcrowding.
I. In 2002, the City spent more than $90,000 providing the enhanced law
enforcement presence and enhanced code enforcement during the
July 4`h holiday in West Newport alone.
J. In 2003 the City has allocated more than $150,000 to provide enhanced
law enforcement presence in West Newport and devoted hundreds of
hours of staff time to work with the community to evaluate and
implement ways to reduce the number of arrests and the potential for
a major disturbance in West Newport.
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K. The City's strategy to protect the public's health and safety in West
Newport during the July 4' holiday has, to date, been successful in
preventing any major disturbance but has not: (i) eliminated
potentially dangerous situations from developing; (ii) guaranteed that
sufficient law enforcement personnel are present to respond to, and
quell, a major disturbance; or (iii) ensured that emergency medical
personnel will be able to access persons in need of medical
assistance.
L. While there is no single solution to the problems experienced in West.
Newport during the July 4" holiday, the designation of a portion of
West Newport as a Safety Enhancement Zone and the resulting
increase in fines and penalties, the prohibition against alcohol
deliveries and the additional responsibilities imposed on occupants
and owners to prevent unruly behavior that flow from that designation
when combined with the additional expenditure for supplemental law
enforcement services, the closure of certain streets to vehicular
and /or pedestrian travel and other measures designed to control the
number and behavior of visitors, will further reduce the potential for a
major disturbance and help ensure that law enforcement and
emergency medical personnel will be able to quickly and effectively
respond to any emergency.
M. The increased penalties for administrative and criminal citations and
the signs advising of the increased fines and penalties will reduce the
amount of criminal activity in West Newport during the July 4" holiday
and reduce the potential for a major disturbance by providing law and
code enforcement officers with additional tools to obtain prompt
compliance with all applicable statutes and ordinances.
N. The temporary prohibition against the delivery of alcohol within a
Safety Enhancement Zone combined with pending prohibitions
against the exterior storage and /or sale of alcohol will reduce the
potential for the excessive consumption of alcohol and a major
disturbance.
O. Enhanced enforcement of the provisions of Chapter 10.58 will enable
law enforcement personnel to reduce the potential for the potentially
violent interaction between persons attending parties and gatherings
on private property and persons who are on adjacent public property.
P. The potential for revocation of a short term lodging permit for any
material violation of Chapter 5.95 will help ensure that owners and
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occupants of "weekly rentals" in West Newport do not contribute to
the problems experienced by law and code enforcement personnel on
July 4`h.
Q. Newport Beach is a charter city with the authority to adopt ordinances
and resolutions governing matters pertaining to municipal affairs and
the provisions of this Ordinance are designed to protect the health
safety and welfare of the residents of, and visitors to, Newport Beach
by enhancing the penalties for the violation of municipal ordinances to
minimize the potential for a major disturbance and ensure appropriate
responses to requests for emergency medical assistance.
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.
The table of contents of Chapter 1.04 of the Newport Beach Municipal Code is amended
to read as follows:
CHAPTER 1.04
CODE ENFORCEMENT
Sections:
1.04.010 Violations, Penalties and Enforcement.
1.04.020 Public Nuisances.
1.04.040 Violation of Administrative Provisions.
1.04.050 Parking Violation — Infraction.
1.04.060 Safety Enhancement Zone
SFCTION 3_
Section 1.04.010 of the Newport Beach Municipal Code is amended to read as follows:
1.04.010 Violations, Penalties and Enforcement.
The provisions of this Section represent the means and methods by which the City of
Newport Beach intends to secure compliance with the provisions of this Code. The City
may use any or all of the enforcement options in securing compliance with the
provisions of this Code and multiple enforcement options may be used to achieve
compliance with respect to persons who commit continuing violations. A separate
offense shall be deemed to have been committed whenever (a) a person repeats the
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act that constitutes the violation; or (b) any condition or circumstance that constitutes a
violation is allowed to exist for more than twenty -four hours. :
A. Infraction. Any person violating any of the provisions or failing to comply
with any of the mandatory requirements of this Code may be prosecuted for an
infraction. Written citations for infractions may be issued by police officers or nonsafety
employees designated in Section 1.12.020. Except as provided in Subsection B, any
person convicted of an infraction under the provisions of this Code shall be punishable
either by fines as is specified in the currently adopted Uniform Infraction Bail Schedule
used by the Orange County Municipal Courts, or where no fine is specified therein by:
1. A fine not exceeding one hundred dollars ($100.00) for a first violation;
2. A fine not exceeding two hundred dollars ($200.00) for a second violation
of the same ordinance within one year;
3. A fine not exceeding five hundred dollars ($500.00) for each additional
violation. of the same ordinance within one year.
B. Safety Enhancement Zone. For any violation of the Newport Beach
Municipal Code that is committed within an area that has been designated by the City
Council as a Safety Enhancement Zone pursuant to Section 1.04.060, and during the
time that designation is effective, the fine shall be treble the amount otherwise
prescribed or where the violation is considered an infraction and no fine is specified by:
1. A fine not exceeding three hundred dollars ($300.00) for a first violation;
2. A fine not exceeding six hundred dollars ($600.00) for a second violation
of the same ordinance within one year;
3. A fine not exceeding one thousand dollars ($1,000.00) for each additional
violation of the same ordinance within one year.
C. Misdemeanor. Any person violating any of the provisions or failing to
comply with any of the mandatory requirements of this Code may be prosecuted for a
misdemeanor. Written citations for misdemeanors may be issued by police officers or
by nonsafety employees designated by Newport Beach Municipal Code Section
1.12.020. Any person convicted of a misdemeanor under the provisions of this Code
shall be punished by a fine not exceeding one thousand dollars ($1,000) or
imprisonment for a term not exceeding six months, or by both such fine and
imprisonment.
D. Civil Action. The City Attorney, by and at the request of the City Council,
may institute an action in any court of competent jurisdiction to restrain, enjoin or abate
the condition(s) found to be in violation of the provisions of this Code, as provided by
law.
E. Administrative Citation. Upon a finding by the city official vested with the
authority to enforce the various provisions of this Code that a violation exists, he or she
may issue an administrative citation under the provisions of Chapter 1.05.
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SECTION 4.
Section 1.04.060 of Chapter 1.04 is added to the Newport Beach Municipal Code to read
as follows:
1.04.060 Safety Enhancement Zone
A. Designation Process. The City Council may by ordinance, or by resolution
upon a finding that there is a need to take immediate action to protect the public
health, safety and welfare, designate a specific geographical area as a "Safety
Enhancement Zone" and specify the date and or time that the designation is
effective upon a finding that the geographical area is subject to unique conditions
and circumstances during a specific period of time that create the potential for a
significant threat to public health and safety and that the threat would be reduced
by enhanced penalties for violations of provisions of the Newport Beach
Municipal Code and increased responsibilities on the part of residents and
occupants in the area. The ordinance or resolution establishing a Safety
Enhancement Zone shall contain the following provisions: (a) a description of the
geographical area comprising the Safety Enhancement Zone; (b) the date and
time during which the Safety Enhancement Zone designation is applicable to the
geographical area; (c) the factual basis for the designation; and (d) the manner
in which general notice of the Safety Enhancement Zone and the penalties for
violations shall be given; and (e) the manner in which specific notice of additional
duties, responsibilities and /or restrictions shall be given to owners or occupants
of property affected by the Safety Enhancement Zone designation.
B. West Newport Safety Enhancement Zone. The City Council designates as a
Safety Enhancement Zone the area bounded by the Pacific Ocean on the south,
32 "d Street and Newport Boulevard on the east, Pacific Coast Highway on the
north and 54`h Street on the west. This designation is effective from 12:01 a.m.
on July 4" to 3:00 a.m. on July 5th during each year that the designation is in
effect. The factual basis for this designation is found in Section 1 of this
Ordinance. Notice of the Safety Enhancement Zone designation shall be posted
on or before 6:00 p.m. on July 3`d at no less than three locations along Pacific
Coast Highway, four locations along Newport Boulevard /32n1 Street, four
locations along Oceanfront Walk/Seashore Drive and two locations along 54'h
Street. In addition, letters advising of the Safety Enhancement Zone designation
and the fines, penalties and provisions affected by the designation shall be sent,
on or before June 15`h to each address and each owner of property (ownership
determined on the basis of the most recent property tax information available to
the City) within the Safety Enhancement Zone.
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SECTION 5.
Section 1.05.005 of the Newport Beach Municipal Code is amended to read as follows:
Section 1.05.005 Legislative Findings and Statement of Purpose
A. The City Council finds that there is a need for an alternative method of
enforcement for various violations of the Municipal Code. The City Council also
finds that an appropriate method for enforcement of various violations is an
Administrative Citation Program that will reduce the burden on the judicial
system while providing full due process for those cited.
B. The procedures established in this Chapter are in addition to criminal, civil or
other legal remedies that may be available to the City to enforce violations of the
Municipal Code or applicable State Codes.
C. The City Council finds and determines that enforcement of the provisions of the
Newport Beach Municipal Code and conditions on entitlements or permits are
municipal affairs as well as matters of purely local concern to the citizens of
Newport Beach.
D. The City Council finds that the adoption and implementation of this
Administrative Citation Program is within the power and authority of the City of
Newport Beach as a charter city and will achieve the following goals:
1. To promote and protect the public health, safety and welfare of the
citizens of the City of Newport Beach;
2. To help ensure compliance with the Municipal Code and State Codes,
ordinances and regulations in a timely and efficient manner;
3. To provide for an administrative process to appeal the imposition of
administrative citations and fines that will fully comport with due process
and provide those cited with the right to a fair hearing without the need for
legal counsel;
4. To provide a method to hold parties responsible when they fail or refuse to
comply with the provisions of the Municipal Code, ordinances,
agreements or terms and conditions on entitlements in the City of Newport
Beach;
5. To reduce the burden on the judicial system and minimize the time and
expense of defending the citation on the part of the person cited.
E. Use of this chapter shall be at the sole discretion of the City.
SECTION 6.
Section 1.05.010 of the Newport Beach Municipal Code is amended to read as follows:
1.05.020. Definitions
"Enforcement officer" means any officer or employee with the authority to enforce the
Newport Beach Municipal Code as provided in Chapter 1.12.
"Responsible person" means any individual who is the owner or occupant of real
property, owner or authorized agent of any business, company, or entity, or the parent
or the legal guardian of any person under the age of eighteen (18) years, who violates
or maintains a violation of the Newport Beach Municipal Code.
SECTION 7.
Section 1.05.020 of the Newport Beach Municipal Code is amended to read as follows:
1.05.020 Authority and Fines.
A. Any person violating any provision of the Newport Beach Municipal Code may be
issued an administrative citation by an Enforcement Officer as provided in this
Chapter. A violation of this Code includes, but is not limited to, all violations of
the Municipal Code, the Uniform Codes adopted by the City Council, the failure
to comply with any condition imposed by any entitlement, permit, agreement or
environmental document issued or approved pursuant to this Code.
B. Each and every day a violation of the Municipal Code exists constitutes a
separate and distinct offense.
C. A civil fine shall be assessed by means of an administrative citation issued by
the Enforcement Officer and shall be payable directly to the Newport Beach City
Treasurer's Office.
D. Except in the case of administrative citations issued for violations of this Code in
a Safety Enhancement Zone, fines shall be assessed in the amounts specified
by resolution of the City Council, or where no amount is specified:
1. A fine not exceeding one hundred dollars ($100.00) for a first violation;
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2. A fine not exceeding two hundred dollars ($200.00) for a second violation
of the same ordinance or permit within one year from the date of the first
violation;
3. A fine not exceeding five hundred dollars ($500.00) for each additional
violation of the same ordinance or permit within one year from the date of
the first violation.
E. In the case of administrative citations issued for violations of this Code in a
Safety Enhancement Zone, fines shall be assessed in the amounts:
1. A fine of three hundred dollars ($300.00) for a first violation;
2. A fine of six hundred dollars ($600.00) for a second violation of the same
ordinance or permit within one year from the date of the first violation;
3. A fine not exceeding one thousand dollars ($1000.00) for each additional
violation of the same ordinance or permit within one year from the date of
the first violation.
SECTION 8.
Section 1.05.080 of the Newport Beach Municipal Code is amended to read as follows.
1.05.080 Hearing Procedure.
A. No hearing to contest an administrative citation before a hearing officer shall be
held unless and until a request for hearing form has been completed and
submitted, and, the fine has been deposited in advance.
B. A hearing before the hearing officer shall be set for a date that is not less than
fifteen (15) and not more than sixty (60) days from the date that the request for
hearing is filed in accordance with the provisions of this Chapter. The person
requesting the hearing shall be notified of the time and place set for the hearing
at least ten days prior to the date of the hearing.
C. The Enforcement Hearing Officer shall only consider evidence that is relevant to
whether the violation(s) occurred and whether the responsible person has
caused or maintained the violation(s) of the Municipal Code on the date(s)
specified in the administrative citation.
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D. The responsible person contesting the administrative citation shall be given the
opportunity to testify and present witnesses and evidence concerning the
administrative citation.
E. The failure of any recipient of an administrative citation to appear at the
administrative citation hearing shall constitute a forfeiture of the fine and a failure
to exhaust their administrative remedies.
F. The administrative citation and any additional documents submitted by the
Enforcement Officer shall constitute prima facie evidence of the respective facts
contained in those documents.
G. If the Enforcement Officer submits an additional written report concerning the
administrative citation to the hearing officer for consideration at the hearing, then
a copy of this report also shall be served by mail on the person requesting the
hearing at least five days prior to the date of the hearing.
H. At least ten days prior to the hearing, the recipient of an administrative citation
shall be provided with copies of the citations, reports and other documents
submitted or relied upon by the Enforcement Officer. No other discovery is
permitted. Formal rules of evidence shall not apply.
The hearing officer may continue the hearing and request additional information
from the Enforcement Officer or the recipient of the administrative citation prior to
issuing a written decision. (Ord. 97 -36 § 2 (part), 1997)
SECTION 9.
Section 5.11.060 is added to Chapter 5.11 of the Newport Beach Municipal Code to
read as follows:
5.11.60 Delivery of Alcoholic Beverages in a Safety Enhancement Zone
No person shall deliver alcoholic beverages to any Alcohol Beverage Outlet as that
term is defined in Chapter 20.89 of this Code within any area and during the times
designated by the City Council as a Safety Enhancement Zone.
SECTION 10.
Section 5.95.050 of the Newport Beach Municipal Code is amended to read as follows:
A. All permits issued pursuant to this Chapter are subject to the following
standard conditions:
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1. The owner shall, by written or oral agreement, limit overnight, occupancy
of the short term lodging unit to a specific number of occupants, with the
number of occupants not to exceed that permitted by the provisions of
Title 15 of the Newport Beach Municipal Code.
2. The owner shall use best efforts to insure that the occupants and /or
guests of the short term lodging unit do not create unreasonable noise or
disturbances, engage in disorderly conduct, or violate provisions of this
Code or any State Law pertaining to noise, disorderly conduct, the
consumption of alcohol, or the use of illegal drugs.
3. The owner shall, upon notification that occupants and /or guests of his or
her short term lodging unit have created unreasonable noise or
disturbances, engaged in disorderly conduct or committed violations of
this Code or State Law pertaining to noise, disorderly conduct, the
consumption of alcohol or the use of illegal drugs, promptly use best
efforts to prevent a recurrence of such conduct by those occupants or
guests.
4. The owner of the short term lodging unit shall use best efforts to insure
compliance with all the provisions of Title 6 of the Municipal Code
(garbage, refuse and cuttings).
5. The owner of the short term lodging unit shall post a copy of the permit
and a copy of the conditions set forth in this section in a conspicuous
place within the unit.
6. With respect to any short term lodging unit that is located in any Safety
Enhancement Zone, the owner of the unit and any agent retained by the
owner shall take immediate action during the period that the Safety
Enhancement Zone is in effect to prevent occupants or guests from
engaging in disorderly conduct or committing violations of this Code or
State Law pertaining to noise, disorderly conduct, the consumption of
alcohol or the use of illegal drugs.
B. The City Manager shall have the authority to impose additional standard
conditions, applicable to all short term lodging units, as necessary to achieve the
objectives of this chapter.
C. The City Manager shall have the authority to impose additional conditions on any
permit in the event of any violation of the conditions to the permit or the
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provisions of this chapter subject to compliance with the procedures specified in
Section 5.95.065.
SECTION 11.
Section 5.96.060 of the Newport Beach Municipal Code is amended to read as follows:
5.95.060 Violations /Penalties
A. Violations. Except as provided in Subsection C, the following conduct
shall constitute a violation for which the penalties specified in subsection
(B) may be imposed, or the permit revoked:
1. The owner has failed to comply with the standard conditions specified in
Section 5.95.050(A); or
2. The owner has failed to comply with conditions imposed by the City
Manager pursuant to the provisions of Section 5.95.050(B) or (C); or
3. The owner has willfully violated the provisions of this chapter.
4. The owner has failed to pay the transient occupancy tax as required by
Chapter 3.16 of this Code.
B. Penalties. The penalties for violations specified in subsection (A) shall be as
follows:
1. For the first violation within any twelve (12) month period, the penalty shall
range from a notice of violation to a fine not to exceed two hundred and
fifty dollars ($250.00);
2. For a second violation within any twelve (12) month period, the penalty
shall range from a fine not to exceed five hundred dollars ($500.00) to
revocation of the permit;
3. For a third violation within any twelve (12) month period, the penalty shall
range from a fine not to exceed one thousand dollars ($1,000.00) to
revocation of the permit; and
4. For a fourth violation within any twelve (12) month period, the permit shall
be revoked in accordance with the provisions of Section 5.95.065.
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C. In the case of a short term lodging permit for a dwelling that is located in a Safety
Enhancement Zone, the penalty for the failure to comply with any standard
condition during the period that the Safety Enhancement Zone is in effect shall be
a fine of $1000 and /or revocation of the permit for a period not less than sixty 60
days.
SECTION 12.
Section 10.58.010 of the Newport Beach Municipal Code is amended to read as
follows:
10.58.010 Findings and Purpose.
The City Council finds and declares that:
A. The control of large parties, gatherings or events on private property is
necessary when such continued activity is determined to be a threat to the
peace, health, safety or general welfare of the public and the immediate control
of large parties, and the cessation of unruly or illegal behavior is essential to
preventing a major disturbance during the July 4`h holiday in the West Newport
Safety Enhancement Zone;
B. The City of Newport Beach is a tourist destination with numerous beach rentals;
C. This influx of tourists results in many large parties, gatherings or events;
D. Frequently, Police Officers have been required to make multiple return calls on
the same date to the location of a party, gathering or event in order to disperse
uncooperative participants;
E. Frequently, Police Officers have been required to make multiple calls to the
same location on different dates in response to repeated, large parties and
gatherings;
F. The return of Police Officers to a location constitutes a drain of manpower and
resources often leaving other areas of the City without police protection and, in
the case of West Newport Safety Enhancement Zone on July 4`h the return of
Police Officers may be difficult if not impossible due to the large crowds and the
heavy workload of law enforcement personnel;
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G. The above conditions create a significant hazard to the safety of the Police
Officers and to peace, health, and safety of the public in general and, in the case
of the West Newport Safety Enhancement Zone, these conditions create an
immediate potential for a major disturbance that could result in serious injury or
death to members of the public and /or law enforcement personnel.
SECTION 13
Section 10.58.030 of the Newport Beach Municipal Code is amended to read as
follows:
10.58.030 Police Services at Large Parties, Gatherings or Events Requiring Second
or Subsequent Responses.
A. No person shall promote, host, organize or otherwise allow a large party,
gathering or event to occur on private property which is determined by a Police
Officer to threaten the public peace, health, safety or general welfare of the
neighborhood or surrounding community.
B. The person responsible for the large party, gathering or event will be held liable
for civil fines in amounts established by resolution of the City Council, for a
special security assignment by the police, to control the threat to the public
peace, health, safety or general welfare, at any time within any twelve -month
period after a first written warning.
C. In the case of a large party, gathering or event on private property in the West
Newport Safety Enhancement Zone during the period that the designation is in
effect, the person or persons responsible for the party, event or gathering, the
occupant or occupants of the property and the owner or owners of the property
are, jointly and severably, responsible for immediately complying with a request
from any law enforcement officer to terminate all unruly or illegal behavior on the
property and shall be responsible, in addition to other fines and penalties
provided by this Chapter, for the payment of a fine in the amount of $300.00 for
each full ten (10) minute segment that unruly or illegal conduct continues past
the time that the law enforcement officer requests termination.
The initial call, or any subsequent call, may also result in the arrest and /or citation of
violators of the State Penal Code or other local regulations
SECTION 14.
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
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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 15.
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 16.
This ordinance was introduced at a regular meeting of the City Council of the City of
Newport Beach, held on the 22ndday of April , 2003, and adopted on the 13thday
of May , 2003, by the following vote, to wit:
AYES, COUNCILMEMBERS Heffernan, Proctor,
Ridgeway, Adams, Webb, Nichols Mayor Bromberg
NOES, COUNCILMEMBERS
ARSFNT r`.rll INr`.II NAFKARFRC
ATTEST:
CITY CLERK
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STATE OF CALIFORNIA }
COUNTY OF ORANGE } as.
CITY OF NEWPORT BEACH }
I, LEILANI I. BROWN, Deputy 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. 2003 -5 was duly and regularly introduced before and adopted by the
City Council of said City at a regular meeting of said Council, duly and regularly held on the 13th
day of May 2003, and that the same was so passed and adopted by the following vote, to wit:
Ayes: Heffernan, Proctor, Ridgeway, Adams, Webb, Nichols, Mayor Bromberg
Noes: None
Absent: None
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 14th day of May 2003.
(Seal)
41 � J- jt rw�✓
Deputy City Clerk
City of Newport Beach, California
CERTIFICATE OF PUBLICATION
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do hereby
certify that Ordinance No. 2003 -5 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: May 17, 2003.
2003.
In witness whereof, I have hereunto subscribed my name this �)J" day of t <<
City Clerk
City of Newport Beach, California