HomeMy WebLinkAbout2024-6 - Amending Section 10.08.030 (Use of Public Property For Commercial Purposes) of the Newport Beach Municipal CodeORDINANCE NO. 2024-6
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, AMENDING
SECTION 10.08.030 (USE OF PUBLIC PROPERTY FOR
COMMERCIAL PURPOSES) OF THE NEWPORT BEACH
MUNICIPAL CODE
WHEREAS, Section 200 of the City Charter, of the City of Newport Beach
City"), 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 City 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, Section 10.08.030 (Use of Public Property for Commercial
Purposes) of the Newport Beach Municipal Code ("Code") prohibits the unauthorized
use of City property for commercial purposes;
WHEREAS, the City is authorized to protect the public health, safety and
welfare by ensuring that clean, safe, and accessible public property is maintained for all
residents and visitors to enjoy;
WHEREAS, there has been an increase in people using public property for
commercial purposes;
WHEREAS, the City Council desires to continue to protect the public health,
safety and welfare including, but not limited to, the City's beaches and other public
places by authorizing the administrative impoundment of equipment, goods, materials,
merchandise and property used for conducting unauthorized commercial operations on
City property; and
WHEREAS, the City wishes to provide for a hearing procedure relating to any
equipment, goods, materials, merchandise or property that has been impounded.
NOW THEREFORE, the City Council of the City of Newport Beach ordains as
follows:
Ordinance No. 2024-6
Page 2 of 6
Section 1: Section 10.08.030 of the Code is amended in its entirety and shall
read as follows:
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, goods, materials or merchandise, or any other commercial purpose.
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 a 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;
3. For the temporary storage of construction equipment or material provided a
permit is issued pursuant to Chapter 12.62 and the storage is consistent with
provisions of the Uniform Building Code;
4. For the temporary display and sale of goods or merchandise by an association
of businesses adjoining any street or sidewalk, provided a permit is issued
pursuant to Chapter 12.62 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
pursuant to Chapter 11.03 of this Code and the City Council has approved a
resolution of street closure pursuant to the authorization granted by the Cal.
Veh. 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 has been issued by the City
Manager pursuant to Chapter 11.03 of this Code, the City Council has adopted
a street closure resolution pursuant to the authority granted by the Cal. Veh.
Code and, the event, celebration or activity is consistent with Council Policy;
For sidewalk dining subject to the provisions of Chapter 13.18;
Ordinance No. 2024-6
Page 3 of 6
8. For sidewalk vendors in compliance with Chapter 5.97.
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;
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 subsections (B)(4) and (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 (7) 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 sponsor's sole cost and
expense, all security personnel and traffic control equipment required by the
City Manager;
7. The sponsor of the celebration or event shall provide insurance, which types
and amounts shall be determined by the Risk Manager.
D. The sponsor of any event, sale or celebration authorized by this section shall
comply with all conditions imposed by the City Council, or City Manager pursuant to
resolution or permit.
E. If any person violates this section, the City may impound the person's equipment,
goods, materials, merchandise and property. The City may also impound these items if
it reasonably appears a person abandoned these items on public property.
1. The impoundment may be done by any City employee authorized to enforce
this section.
a. At the time of impoundment from a person, the City employee shall issue
a receipt to the person that includes the date and time of the
impoundment, a description of the items seized, instructions on how to
Ordinance No. 2024-6
Page 4 of 6
reclaim the impounded items, and the process to appeal the
impoundment.
b. The City may immediately dispose of impounded goods or materials that
cannot be safely stored or that are perishable.
c. The person may recover the impounded items after thirty (30) days if the
person pays an impound fee, if any, along with showing proper proof of
ownership.
d. If the items are not reclaimed after sixty (60) days from impoundment, the
impounded items will be deemed abandoned and forfeited to the City. The
abandoned items may be disposed of at the City's sole discretion.
e. The City Council may by resolution adopt impound fees, which shall reflect
the City's enforcement, investigation, storage, and impound costs.
2. Any person who has equipment, goods, materials, merchandise or property
impounded under this section shall have the right to file a request for an
administrative hearing to appeal the impoundment.
a. An appeal shall be filed with the City's Finance Department, in writing, on
forms provided by the department within ten (10) days from the date of
impoundment.
b. The provisions related to Hearing Officers set forth in Section 1.05.070 of
Chapter 1.05 of this Code shall apply. The person requesting the hearing
shall be notified of the time and place set for the hearing at least ten (10)
days prior to the date of the hearing. After considering all the testimony
and evidence submitted at the hearing, the Hearing Officer shall issue a
written decision within ten (10) days of the hearing. If the person's appeal
is upheld, the person shall have any items that were not disposed of in
accordance with subsection (E)(1)(b) of this section returned to the
person, and the person shall not be required to pay any impound fee.
c. The person who has filed an appeal shall be served with a copy of the
Hearing Officer's written decision in the manner prescribed by Section
1.08.080. The decision of the Hearing Officer shall be final as to the City
and take effect on the date it is signed by the Hearing Officer. The Hearing
Officer's decision shall be subject to judicial review pursuant to Cal. Code
Civ. Proc. Section 1094.5.
Ordinance No. 2024-6
Page 5 of 6
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, 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 4: 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 5: 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.
Ordinance No. 2024-6
Page 6 of 6
Section 6: 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 shall be effective thirty
30) calendar 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 12th day of March, 2024, and adopted on the 26th day of
March, 2024, by the following vote, to -wit:
AYES: Mayor O'Neill, Mayor Pro Tem Stapleton, Councilmember Avery,
Councilmember Blom, Councilmember Grant, Councilmember
Kleiman, Councilmember Stapleton, Councilmember Weigand
NAYS:
RECUSED:
WILL O'NEILL, MAYOR
ATTEST:
LEILANI I. BROWIj, CITY CLERK
APPROVED AS TO FORM:
CITY AZTORNEY'S OFFI E
erg. CG.--- ----
AARON C. HARP, CITY ATTORNEY
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. 2024-6 was duly introduced on the 12th day of March, 2024, at a regular meeting, and adopted by the
City Council at a regular meeting duly held on the 26th day of March, 2024, and that the same was so
passed and adopted by the following vote, to wit:
AYES: Mayor Will O'Neill, Mayor Pro Tem Joe Stapleton, Councilmember Brad Avery,
Councilmember Noah Blom, Councilmember Robyn Grant, Councilmember
Lauren Kleiman, Councilmember Erik Weigand
NAYS: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said
City this 27th day of March, 2024.
I. Brown, MfrilrYilk— Leilani
City Clerk
City of Newport Beach, California
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. 2024-6 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 newspaper of general circulation
on the following dates:
Introduced Ordinance: March 16, 2024
Adopted Ordinance: March 30, 2024
In witness whereof, I have hereunto subscribed my name this day of April, 2024.
Leilani I. Brown, MMC
City Clerk
City of Newport Beach, California