HomeMy WebLinkAbout03 - Prohibiting Interference with Public Access, Unpermitted Structures on Public Property and Certain Conduct on Public PropertyQ SEW Pp�T
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c�<,FORN'P City Council Staff Report
July 11, 2023
Agenda Item No. 3
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Grace K. Leung, City Manager - 949-644-3001,
gleung@newportbeachca.gov
PREPARED BY: Tara Finnigan, Assistant City Manager,
tinnigan@newportbeachca.gov
PHONE: 949-644-3001
TITLE: Ordinance No. 2023-11: Prohibiting Interference with Public Access,
Unpermitted Structures on Public Property and Certain Conduct on
Public Property
ABSTRACT:
For the City Council's consideration is the adoption of Ordinance No. 2023-11, amending
Chapter 10.08 of the Newport Beach Municipal Code to prohibit interference with public
access; adding Chapter 10.14 to prohibit unpermitted structures on public property; and
amending Section 11.04.070 to prohibit certain conduct in public parks, park facilities and
at public beaches. The ordinance was introduced and considered at the June 27, 2023
City Council meeting.
RECOMMENDATIONS:
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because
this action will not result in a physical change to the environment, directly or indirectly;
and
b) Conduct second reading and adopt Ordinance No. 2023-11, An Ordinance of the City
Council of the City of Newport Beach, California, Amending Chapter 10.08 to Prohibit
Interference with Public Access; Adding Chapter 10.14 Prohibiting Unpermitted
Structures on Public Property; and Amending Section 11.04.070 to Prohibit Certain
Conduct in Public Parks, Park Facilities and at Public Beaches.
DISCUSSION:
On June 27, 2023, the City Council introduced and passed to second reading Ordinance
No. 2023-11. If adopted, the ordinance will increase accessibility and protect the public
health, safety and welfare by:
• Prohibiting sitting, lying, sleeping or the storing of personal property in areas that
directly impact traffic issues as well as access to cancer treatment centers,
schools, day care centers, businesses, private property, firefighting facilities, public
restrooms, and bike paths (Sections 10.08.010 through 10.08.020).
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Ordinance No. 2023-11: Prohibiting Interference with Public Access,
Unpermitted Structures on Public Property and Certain Conduct on Public Property
July 11, 2023
Page 2
• Prohibiting unpermitted physical structures that are being set up for or occupied as
living accommodations anywhere in the city, at any time, regardless of whether
shelter beds are available (Section 10.14.020 (A) and (B)).
• Prohibiting a person from encamping on public property by using camping
paraphernalia, such as sleeping bags, to facilitate outdoor living without permission
from the City, when shelter is available (Section 10.14.020 (D)).
• Prohibiting fires in unpermitted areas; lodging in public restrooms; the use of public
fountains, drinking faucets, restroom sinks, and sprinklers to wash dishes,
garments, bathe or conduct personal hygiene; leaving personal property
unattended on public property; and injuring public property (Sections 10.14.020
(C) and 11.04.070).
FISCAL IMPACT:
There is no direct fiscal impact related to the adoption of the ordinance. The City continues
to allocate significant funding to support its comprehensive approach. The Fiscal Year
2023-24 budget includes $3.1 million for Outreach Services (City Manager's Office
Account # 0102041).
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California
Environmental Quality Act (CEQA) pursuant to Sections 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 for resulting in physical change to the environment, directly or indirectly.
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
ATTACHMENT:
Attachment A — Ordinance No. 2023-11
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ATTACHMENT A
ORDINANCE NO. 2023-11
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, AMENDING
CHAPTER 10.08 TO PROHIBIT INTERFERENCE WITH
PUBLIC ACCESS; ADDING CHAPTER 10.14
PROHIBITING UNPERMITTED STRUCTURES ON PUBLIC
PROPERTY; AND AMENDING SECTION 11.04.070 TO
PROHIBIT CERTAIN CONDUCT IN PUBLIC PARKS,
PARK FACILITIES AND AT PUBLIC BEACHES
WHEREAS, Section 200 of the Charter of the City of Newport Beach ("Charter")
vests the City Council with the authority to make and enforce all laws, rules and
regulations with respect to municipal affairs subject only to the restrictions and
limitations contained in the Charter and the State Constitution, and the power to
exercise, or act pursuant to any and all rights, powers, and privileges, or procedures
granted or prescribed by any law of the State of California;
WHEREAS, for many years, the City of Newport Beach ("City") has experienced
numerous individuals living in camps in public places, including City parks and public
beaches;
WHEREAS, the City engages in significant outreach work to build relationships
with people experiencing homelessness, using a person -centered, compassionate
approach to provide services tailored to each person's specific needs;
WHEREAS, an increase in individuals maintaining unregulated camp facilities for
the purposes of living accommodations in the City's parks and public places can lead to
serious health, safety, and accessibility concerns, and an overall deterioration in the
physical condition of the community's parks, public places and environmentally sensitive
land;
WHEREAS, the City is obligated to protect public health and safety and its
natural resources by maintaining clean, safe, and accessible City properties for all
residents to enjoy, including parks, open spaces, and public rights -of -way;
WHEREAS, the City Council desires to continue protecting public health and
safety in, and access to, the City's parks and other public places by prohibiting
encampments, camping, and camping facilities except in designated areas as
determined by the City Council; and
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Ordinance No. 2023-
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WHEREAS, the City seeks to accomplish the aforementioned objectives in a
manner that preserves the dignity and safety of its residents and all people within the
geographical boundaries of the City.
NOW THEREFORE, the City Council of the City of Newport Beach ordains as
follows:
Section 1: Chapter 10.08 of the Newport Beach Municipal Code shall be
amended to read as follows:
Chapter 10.08
INTERFERENCE WITH PUBLIC ACCESS
Sections:
10.08.005 Definitions.
10.08.010 Sitting, Lying, or Sleeping or Storing, Using, or Maintaining or
Placing Personal Property in the Public Rights -Of -Way.
10.08.015 Public Assemblage — Blocking Entrance.
10.08.020 Molesting Pedestrians.
10.08.030 Use of Public Property for Commercial Purposes.
10.08.040 Shining of Lights into Dwelling Units.
10.08.005 Definitions.
For the purposes of this chapter, the following words and phrases shall have the
meaning set forth in this section.
"Cancer treatment center" means a facility for the treatment of cancer located in a
Mixed -Use Horizontal zone.
"College" means an institution of higher education, including a community or junior
college, college or university including, but not limited to, Orange Coast College and
Coastline College.
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Ordinance No. 2023-
Page 3 of 11
"Day care center" means a Child Care - Infant Center, and Child Care Center
(Preschool) licensed by the State of California Department of Social Services that is not
located on a residentially zoned property including, but not limited to, Bright Horizons at
Newport Beach; Carden Hall; Catalyst Kids -Newport Heights; Christ Church by the Sea
Children's Center; Environmental Nature Center (ENC) Nature Preschool; Miraculous
Milestones; Montessori Way Learning Center, Inc., Newport Coast Child Development
Preschool; Newport Harbor Lutheran Church; St. Andrew's Preschool; St. Mark
Community Preschool; St. Matthew's Montessori Preschool; Temple Bat Yahm; and
Tutor Time Child Care/Learning Center.
"Public rights -of -way" or "public right-of-way" means the area or areas on, below, or
above a public roadway, public highway, public street, public sidewalk, public alleyways,
or a utility easement in which the City has interest.
"School" means an institution of learning, whether public or private, which offers in -
person instruction in grades K through 12 in those courses of study required by the
California Education Code and is licensed by the State Board of Education. This
definition includes all kindergarten, elementary, junior high, senior high or any special
institution of learning under the jurisdiction of the State Department of Education
including, but not limited to, Andersen Elementary School; Carden Hall; Corona del Mar
Middle and High School; Eastbluff Elementary School; Ensign Intermediate School;
Harbor Day School; Harbor View Preschool and Elementary School; Lincoln Elementary
School; Mariners Elementary School; Newport Christian Academy; Newport Coast
Preschool and Elementary School; Newport Preschool & Elementary School; Newport
Harbor High School; Newport Heights Elementary School; Our Lady Queen of Angels
Catholic School; Pacifica Christian High School; and Sage Hill High School.
10.08.010 Sitting, Lying, or Sleeping or Storing, Using, or Maintaining or
Placing Personal Property in the Public Rights -Of -Way.
A. No person shall obstruct a public right-of-way by sitting, lying, or sleeping, or by
storing, using, maintaining, or placing personal property:
1. In a manner that obstructs or impedes passage, as provided by the
Americans with Disabilities Act, as amended from time' to time;
2. Within ten feet of any operational or utilizable driveway or loading dock;
3. Within ten feet of any fire hydrant, fire plug, or other Fire Department
connection;
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Ordinance No. 2023-
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4. In a manner that obstructs or unreasonably interferes with the use of the
public right-of-way for any activity for which the City has issued a permit;
5. Within ten feet of a public restroom;
6. Within ten feet of an operational and utilizable entrance or exit to any
building, establishment, retail store, restaurant, office building or other place into which
the public is invited; or
7. Within 500 feet of a college, school, day care center, or cancer treatment
center.
B. No person shall obstruct any portion of any public right-of-way open to use by
motor vehicles, or any portion of a bike lane, bike path, or other public right-of-way open
to use by bicycles, by sitting, lying, or sleeping, or by storing, using, maintaining, or
placing personal property, anywhere within the bike lane, bike path, or other public right-
of-way open to use by bicycles.
C. No person shall sit, lie, or sleep or place, store or leave unattended personal
property on a public parkway or public median.
This section does not prohibit sitting on the seat of a bench placed upon a sidewalk with
the approval of the City or on land not owned by the City.
10.08.015 Public Assemblage — Blocking Entrance.
No person shall sit or stand on or at the entrance of any church, place of worship, hall,
theatre, or other place of public assemblage in any manner so as to obstruct such
entrance.
10.08.020 Molesting Pedestrians.
No person shall willfully, intentionally, or maliciously molest, annoy, obstruct, or hinder
any other person passing along any public rights -of -way.
10.08.030 Use of Public Property for Commercial Purposes.
A. Except as otherwise provided in this section, no person shall use any public right-
of-way or parkway or other public property for the purpose of storing or displaying any
equipment, materials or merchandise, or any other commercial purpose.
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Ordinance No. 2023-
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B. Public rights -of -way or parkways may be used for the purpose of selling, storing,
or displaying any equipment, material, merchandise or for other commercial purposes in
the following cases:
1. For the transmission of water, sewer, gas, electricity, television, radio signals
or similar substances or activity pursuant to franchise granted by the City Council in
accordance with the City Charter, City Ordinance or State Law;
2. For displaying newspapers and periodicals for sale subject to compliance
with the provisions of Chapter 5.70 of this Code;
3. For the temporary storage of construction equipment or material provided a
permit is issued pursuant to Chapter 12.62 of this Code and the storage is consistent
with provisions of the Uniform Building Code;
4. For the temporary display and sale of goods and/or merchandise by an
association of businesses adjoining any street or sidewalk provided a permit is issued
pursuant to Chapter 12.62 of this Code and the sale is consistent with Council Policy;
5. For the temporary sale or display of goods or merchandise in conjunction
with a special event for which a permit has been issued by the City Manager or
designee pursuant to Chapter 11.03 of this Code and the City Council has approved a
resolution of street closure pursuant to authorization granted by the California Vehicle
Code;
6. For the conduct of special celebrations, sporting events or similar activities
involving a nonprofit corporation, nonprofit association, community organization or
similar entity provided a permit is issued by the City Manager or designee pursuant to
Chapter 11.03 of this Code, the City Council has adopted a street closure resolution
pursuant to the authority granted by the California Vehicle Code and, the event,
celebration or activity is consistent with Council Policy,
7. For sidewalk dining subject to the provisions of Chapter 13.18 of this Code;
8. For sidewalk vendors in compliance with Chapter 5.97, or any successor
chapter.
C. Sales, events, celebrations, or other activities authorized by this section shall be
conducted in strict compliance with the following:
1. In no event shall any public right-of-way closure prohibit members of the
public from accessing any business or residence;
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Ordinance No. 2023-
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2. The commercial activity authorized by subsection (B)(4) of this section shall
be permitted no more than twice per calendar year;
3. The commercial activity authorized in subsection (13)(4) and (B)(5) of this
section shall not be permitted in any residential zoning district;
4. Sales or events requiring street closures shall be limited to seven days or
less;
5. The event sponsor may charge members of the public for access to the
event or celebration, but the sponsor shall utilize a procedure which allows members of
the public, without fee or charge, to access any property or structure within the area
impacted by the closure;
6. The sponsor of the event shall provide, at the sponsors sole cost and
expense, all security personnel and traffic control equipment required by the City
Manager or designee;
7. The sponsor of the celebration or event shall provide proof of liability
insurance adequate to protect the City with the City designated as an additional insured.
D. The sponsor of any event, sale or celebration authorized by this section shall
comply with all conditions imposed by the City Council, City Manager, or designee
pursuant to resolution or permit.
10.08.040 Shining of Lights into Dwelling Units.
No person shall use any public right-of-way, parkway, waterway, or other public
property for the purpose of intentionally shining any flood light, search light, flashlight, or
other lighting device into a dwelling unit with the intent to harass or annoy the residents
thereof. This section shall not prohibit a Police Officer from shining a flashlight into a
dwelling unit when necessary, in the course of his employment.
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Ordinance No. 2023-
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Section 2: Chapter 10.14 of the Newport Beach Municipal Code shall be
added to read as follows:
CHAPTER 10.14
PROHIBITION AGAINST CAMPING IN PUBLIC PLACES
Section 10.14.010 Definitions.
Section 10.14.020 Camping in Prohibited Public Places.
10.14.010 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.
"Camp" means to erect, maintain, or occupy a camp facility for the purpose of living
accommodations.
"Camp facility" or "camp facilities" means the use of, settling, fixing in place, setting up,
storing, locating, or leaving behind in a prohibited public place any or a combination of
the following: a tent, hut, other temporary physical structure or shelter, cot, bed, or
hammock. A camp facility does not include sleeping bags, blankets, pillows, bedrolls, or
other similar bedding used while sleeping or shade coverings used in accordance with
Section 11.08.020 of this code.
"Camping paraphernalia" means personal property used to facilitate occupancy of an
area and includes, but is not limited to, personal property typically associated with
camping such as tarps, sleeping bags, blankets, pillows, bedrolls, and other similar
bedding used while sleeping, camp stoves, cooking equipment, and buckets. Camping
paraphernalia does not include a tent, hut, other temporary physical structure or shelter,
cot, bed, or hammock.
"Encamp" means to use camping paraphernalia for the purpose of, or in a way that
facilitates outdoor sheltering for living accommodation purposes or for remaining
outdoors overnight.
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"Public rights -of -way" means the area or areas on, below, or above a public roadway,
public highway, public street, public sidewalk, public alleyways, or a utility easement in
which the City has interest.
"Prohibited public place" means a public park, park facility, beach, the Newport Pier, the
Balboa Pier, public parking lots, public passageways, public rights -of -way, publicly
owned landscaped areas, public parkways, public medians, public greenbelts, other
government -owned properties located within the City of Newport Beach and any cancer
treatment center located in a Mixed -Use Horizontal zone.
"Public park" of "park facility" means all publicly owned, managed .or leased land that is
open to the public, bike paths, walking or hiking trails, 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 of the
Recreation and Senior Services Department including, but not limited to, Arroyo Park;
38t" Street Park; Back Bay View Park; Bayside Park;'Bayview Park; Begonia Park; Big
Canyon Park; Bob Henry Park; Bolsa Park; Bonita Canyon Sports Park; Bonita Creek
Park & Community Center; Buck Gully Reserve; Buffalo Hills Park; Canyon Watch Park;
Carroll Beek Community Center & Balboa Island Park; Castaways Park; Channel Place
Park; Civic Center Community Center; Civic Center Park; Cliff Drive Park & Community
Center; Coastal Peak Park; Corona del Mar Pocket Park; Corona del Mar State Beach;
Dog Park; Eastbluff Park & Boys and Girls Club; Galaxy View Park; Gateway Park;
Grant Howald Park & Community Youth Center; Harbor View Nature Park; Harbor
Watch Park; Inspiration Point; Irvine Terrace Park; Jasmine Creek Park; John Wayne
Park and Theater Arts Center; Kings Road Park; L Street Park; Lake Ave Park; Lido
Park; Lincoln Athletic Center; Lookout Point; Los Trancos Canyon View Park (lower,
middle, upper); Lower Castaways Park; M Street Park; Marian Bergeson Aquatic
Center; Marina Park; Mariners Park and VJ Community Center; Mesa Birch Park;
Miramar Park; Myrtle Park; Newport Aquatic Center; Newport Coast Community Center;
Newport Island Park; Newport Shores Park; North Star Beach; OASIS Senior Center;
Old School Park; Peninsula Park; Rhine Wharf Park; San Joaquin Hills Park and Lawn
Bowling Center; San Miguel Park; Spyglass Hill Park; Spyglass Hill Reservoir Park;
Sunset Ridge Park; Sunset View Park; Upper Buck Gully; Upper Newport Bay Regional
Park; Uptown Park; Veteran's Memorial Park; West Jetty View Park; West Newport
Community Center; West Newport Park; and Westcliff Park.
"Store" means to put aside or accumulate for use when needed, to put for safekeeping,
or to place or leave in a location.
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Ordinance No. 2023-
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10.14.020 Camping in Prohibited Public Places.
A. No person shall camp in a prohibited public place.
B. No person shall leave camp facilities in a prohibited public place.
C. No person shall start, build, or use a fire in a prohibited public place for any
purpose including, but not limited to, warming or cooking, 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.
D. No person shall encamp in a prohibited public place, except in places designated
for such purposes and with specific permission from the City to do so. Law enforcement
officers shall not issue a criminal or administrative citation to enforce a violation of this
subsection D if there is no available shelter.
E. The City Council may, by resolution, establish one or more specified camping
areas. Such camping areas, if any, may be located in prohibited public places, except
that such camping areas shall not be located within public parks.
Section 3: Section 11.04.070 (G) of Chapter 11.04 of the Newport Beach
Municipal Code shall be amended to read as follows:
G. Sleep, lay down, or lodge in any public restroom.
Section 4: Section 11.04.070 of Chapter 11.04 of the Newport Beach
Municipal Code shall be amended to add subsections J through L to read as follows:
J. Use any public fountain, public drinking faucet, public restroom sink or public
sprinkler to wash dishes, clothing or garments, to bathe, or conduct personal hygiene
(such as washing hair or body with or without soap, shampoo or similar personal
hygiene products; shaving with or without shaving cream or similar personal hygiene
products; oral care including using mouthwash or brushing teeth with or without
toothpaste or similar personal hygiene products; cleaning any injury, wound, lesion,
gash or abrasion in any manner with or without medical products, cleaning products or
similar personal hygiene products; using any medical or other personal hygiene product
to rid the body of lice or any disease, infection or growth).
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Ordinance No. 2023-
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K. Leave unattended any personal property in a public parking lot, public parking
garage, public building, public structure, or public restroom. Unattended personal
property secured inside of a motor vehicle shall be excluded from this subsection.
L. Cut, break, injure, deface, or disturb any City tree, shrub, plant, rock, building,
cage, pen, monument, fence, bench or other structure, apparatus, or property.
Section 5: The recitals provided in this ordinance are true and correct and are
incorporated into the substantive portion of this ordinance.
Section 6: 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, sentence, clause, or phrase hereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses, or phrases be declared invalid or
unconstitutional.
Section 7: The City Council finds the introduction and adoption of this
ordinance is not subject to the California Environmental Quality Act ("CEQA") pursuant
to Sections 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, Division 6, Chapter 3, because it has no potential for resulting in
physical change to the environment, directly or indirectly.
Section 8: Except as expressly modified in this ordinance, all other sections,
subsections, terms, clauses, and phrases set forth in the Newport Beach Municipal
Code shall remain unchanged and shall be in full force and effect.
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Ordinance No. 2023-
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Section 9: The Mayor shall sign, and the City Clerk shall attest to the passage
of this ordinance. The City Clerk shall cause the ordinance, or a summary thereof, to be
published pursuant to City Charter Section 414.
This ordinance was introduced at a regular meeting of the City Council of the City
of Newport Beach held on the 27th day of June, 2023, and adopted on the 11th day of
July, 2023, by the following vote, to -wit:
AYES:
NAYS:
ABSENT:
NOAH BLOM, MAYOR
ATTEST:
LEILANI I. BROWN, CITY CLERK
APPROVED AS TO FORM:
CITY TTORNEY'S OFFICE
4p"L C_
AA ON C. HARP, CIVY ATTORNEY
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