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HomeMy WebLinkAbout05 - Amending Chapter 10.08 (Interference with Public Access), Chapter 10.14 (Prohibition Against Camping in Public Places), and Section 11.04.070 (Prohibited Conduct) of Chapter 11.04 (Parks, Park Facilities, and Beaches) of the NeQ �EwPpRT CITY OF s NEWPORT BEACH `q44:09 City Council Staff Report September 10, 2024 Agenda Item No. 5 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 - 949-644-3035, tinnigan@newportbeachca.gov TITLE: Ordinance No. 2024-19: Amending Chapter 10.08 (Interference with Public Access), Chapter 10.14 (Prohibition Against Camping in Public Places), and Section 11.04.070 (Prohibited Conduct) of Chapter 11.04 (Parks, Park Facilities, and Beaches) of the Newport Beach Municipal Code ABSTRACT: For the City Council's consideration is the adoption of Ordinance No. 2024-19, amending regulations contained in Chapters 10.08 and 10.14 and Section 11.04.070 of Chapter 11.04 of the Newport Beach Municipal Code (NBMC) that govern the use of public property and interference with public access. The ordinance was introduced and considered at the August 27, 2024 City Council meeting. RECOMMENDATIONS: a) Find the adoption of this ordinance 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. 2024-19, An Ordinance of the City Council of the City of Newport Beach, California, Amending Chapter 10.08 (Interference with Public Access), Chapter 10.14 (Prohibition Against Camping in Public Places), and Section 11.04.070 (Prohibited Conduct) of Chapter 11.04 (Parks, Park Facilities, and Beaches) of the Newport Beach Municipal Code. DISCUSSION: On August 27, 2024, the City Council introduced and passed to second reading Ordinance No. 2024-19. The ordinance modifies NBMC Chapter 10.08 (Use of Public Property and Interference with Public Access), to prohibit the following: • The storage of unattended personal property on public property (except at parks or beaches where a person can leave property unattended for a limited period). 5-1 Ordinance No. 2024-19: Amending Chapter 10.08, Chapter 10.14, and Section 11.04.070 of Chapter 11.04 of the Newport Beach Municipal Code September 10, 2024 Page 2 • A person from the setting up a tent on public property. • A person from lodging in a public restroom. • A person from sleeping or laying down on a public bench or bike rack. • A person from sleeping, lying or sitting on any movable chair, bucket, crate, cooler, or similar personal property, upon a public plaza or public right-of-way, other than as part of lawful event taking place at the public plaza or along the public right-of-way. • A person from remaining upon a public plaza between the hours of 10 p.m. and 6 a.m. the following morning (except that it would not be illegal to traverse the public plaza, without stopping, during this time period). • A person from sleeping, lying, sitting or storing personal property in a manner that limits access to automatic teller machines, electric vehicle charging stations, parking pay stations, parking meters, and public paths/trails. The ordinance also updates NBMC Chapter 10.14 (Prohibition Against Camping in Public Places) setting forth specific criteria for what constitutes camping to ensure that the Municipal Code is consistent with the recent United States Supreme Court decision in the case of City of Grants Pass, Oregon v. Johnson et al., 603 U.S. (2024). The Supreme Court determined that enforcement of generally applicable laws regulating camping on public property does not constitute "cruel and unusual punishment" prohibited by the Eighth Amendment. Finally, the ordinance modifies Section 11.04.070 (Prohibited Conduct) of Chapter 11.04 (Parks, Park Facilities, and Beaches) to remove duplicate provisions and ensure consistency throughout the Municipal Code. If adopted, Ordinance No. 2024-19 will become effective after 30 days. FISCAL IMPACT: There is no direct fiscal impact related to the adoption of Ordinance No. 2024-19. 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. 5-2 Ordinance No. 2024-19: Amending Chapter 10.08, Chapter 10.14, and Section 11.04.070 of Chapter 11.04 of the Newport Beach Municipal Code September 10, 2024 Page 3 NOTICING: 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. 2024-19 5-3 ATTACHMENT A ORDINANCE NO. 2024-19 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, AMENDING CHAPTER 10.08 (INTERFERENCE WITH PUBLIC ACCESS), CHAPTER 10.14 (PROHIBITION AGAINST CAMPING IN PUBLIC PLACES), AND SECTION 11.04.070 (PROHIBITED CONDUCT) OF CHAPTER 11.04 (PARKS, PARK FACILITIES, AND BEACHES) 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, the City is committed to ensuring the safety, health, and welfare of all its residents, visitors, and businesses; WHEREAS, it is the obligation of the City to keep the public rights -of -way and public spaces clean and available for public use and to ensure access by the public to all property, both public and private, by the disabled, elderly, families, children, and visitors to Newport Beach; WHEREAS, the public has expressed concern that access to public and private property is being impeded or prevented by the storage of personal items on public property, by people camping on public property, and by people using the public rights - of -way to sit, sleep and lie down; WHEREAS, public spaces, including beaches, parks, streets, and sidewalks are intended for the use and enjoyment of all members of the community and should be maintained in a safe and accessible condition; WHEREAS, the storage of unattended personal property on public property creates a safety and security risk to the public because, among other things, it can create a tripping hazard, impact a person's line -of -sight, and divert limited public resources to evaluate suspicious packages; WHEREAS, unauthorized camping in public spaces, including the use of vehicles for human habitation, can create health and safety risks related to the accumulation of trash, food waste, human waste, and contaminated medical waste; 5-4 Ordinance No. 2024- Page 2 of 12 WHEREAS, the use of public property for camping and vehicles for human habitation has led to an increase in calls for police, fire, and emergency medical services, thereby straining municipal resources and diverting them from other critical areas of need; WHEREAS, the presence of unauthorized encampments has been associated with increased criminal activity, including theft, vandalism, damage to property, noise violations, littering, prowling, trespassing, and drug -related offenses, thereby undermining public safety; WHEREAS, maintaining clean and safe public spaces is essential for the economic vitality of Newport Beach, as it encourages tourism, business development, and community events; WHEREAS, Chapter 10.08 (Interference with Public Access) of the Newport Beach Municipal Code ("Code") protects the health, safety and welfare of the public by ensuring that all members of the public have safe access to public and private property; WHEREAS, Chapter 10.14 (Prohibition Against Camping in Public Places) of the Code protects the health, safety and welfare of the public by ensuring that all camping is conducted in areas designed for camping and where public amenities are available to help maintain a safe and sanitary environment; WHEREAS, the updates to Chapter 10.08 (Interference with Public Access) and Chapter 10.14 (Prohibition Against Camping in Public Places) require modifications to Section 11.04.070 (Prohibited Conduct) of Chapter 11.04 (Parks, Park Facilities, and Beaches) of the Code to streamline regulations in the Code and ensure consistency; and 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 regulating the use of public property. NOW THEREFORE, the City Council of the City of Newport Beach ordains as follows: Section 1: The Table of Contents for Title 10 of the Code is hereby amended in its entirety and shall read as follows: 5-5 Ordinance No. 2024- Page 3 of 12 Title 10 OFFENSES AND NUISANCES* Chapters: 10.04 Intoxicating Liquor 10.06 Human Waste 10.08 Use of Public Property and Interference With Public Access 10.12 Interfering With Law Enforcement 10.14 Prohibition Against Camping in Public Places 10.16 Gambling 10.24 Discharge of Weapons 10.26 Community Noise Control 10.28 Loud and Unreasonable Noise 10.32 Sound -Amplifying Equipment 10.36 Minor's Curfew 10.48 Weed and Rubbish Abatement 10.50 Public Nuisance Abatement 10.52 Abandoned or Wrecked Vehicles 10.54 Public Nudity 10.58 Police Services at Large Parties, Gatherings or Events on Private Property 10.59 Graffiti 10.60 Regulation of Display of Material, Which Is Harmful to Minors, in a Public Place 10.64 Construction and Maintenance Projects in Residential Districts 10.66 Loud and Unruly Gatherings 10.68 Targeted Residential Picketing 10.70 Cannabis Regulations 10.75 Prohibition of the Sale and Distribution of Kratom * Animal nuisances —See Chapter 7.20. Driving, parking on the beach prohibited —See Chapter 12.08. Buildings and structures as nuisances —See Chapter 15.28. 5-6 Ordinance No. 2024- Page 4 of 12 Section 2: Section 10.08.005 (Definitions) is hereby amended in its entirety and shall read as follows: 10.08.005 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, including ocean or bay public piers, public floats, public wharves, or public strands adjoining public ocean front or bay front beach areas. "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. "Day care center" shall have the same meaning as set forth in Section 1.08.120. "Landscaped area" means all improved landscaped areas, except for open grass areas. "Personal Property" means any tangible property, and includes, but is not limited to, goods, materials, merchandise, tents, huts, temporary shelters, tarps, bedding, sleeping bags, hammocks, sheds, structures, mattresses, couches, chairs, other furniture, appliances, and personal items such as household goods, luggage, backpacks, and clothing. Personal property does not include property that is secured inside of a motor vehicle; items expressly authorized by a public entity to be on public property owned or controlled by the public entity; or items authorized to be on public property pursuant to this Code, a license, or permit issued by the City. "Public property" means all property owned or controlled by the State, the County, the City, or other public entity including, but not limited to, any publicly owned or controlled building, structure, restroom, bridges, beach, parking garage, parking lot, passageway, pier, public right-of-way, public plaza, driveway, landscaped area, parkway, median, greenbelt, open space, public park, or park facility. "Public plaza" means an open public area that is owned or controlled by the State, the County, the City, or other public entity that has been physically improved, which allows 5-7 Ordinance No. 2024- Page 5 of 12 access to the beach, a boardwalk, or public pier, and where people can gather. A public plaza does not include the sandy and rocky portions of the beach, areas with grass or soft landscaping, or a public park. "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 path, public trail, public plaza, public bike lane or path, public boardwalk, public alleyway, or a utility easement in which the City has interest. "School" shall have the same meaning as set forth in Section 1.08.120. "Store", "Stored", "Storing" or "Storage" means to put personal property aside, to accumulate for use when needed or to put for safekeeping. Moving personal property to another location on public property or returning personal property within 1,000 feet from a location where a person previously received a citation for violation of Section 10.08.010 within a thirty (30) day period shall be considered storing personal property and shall not be considered to be removing the personal property from public property. "Tent" means any tarp, cover, hut, structure, enclosure or shelter, made of any material that is not open on all sides and which hinders an unobstructed view behind or into the area surrounded by the tarp, cover, hut, structure, enclosure, or shelter. A tent does not include any shade covering used in accordance with Section 11.08.020. "Unattended" means no person is present with the personal property who asserts or claims ownership over the personal property. Personal property left outside of a building or shelter at a public park or on the sandy/rocky portion of any beach shall not be considered "unattended" unless there is no person present who asserts or claims ownership over the personal property for one (1) hour or more. Section 3: Section 10.08.010 (Sitting, Lying, or Sleeping or Storing, Using, or Maintaining or Placing Personal Property in the Public Rights -of -Way) is hereby amended in its entirety and shall read as follows: 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 fix in place, store, maintain or leave personal property that is unattended on public property. 5-8 Ordinance No. 2024- Page 6 of 12 B. No person shall set up, make use of, fix in place, store, locate, maintain, or leave behind a tent on public property. C. No person shall sleep, lay down, or lodge in a public restroom; D. No person shall sleep or lay down on a public bench or bike rack; E. No person shall sit on any movable chair, bucket, crate, cooler, or similar personal property, sleep, or lay down upon a public plaza or public right-of-way, other than as part of lawful event taking place at the public plaza or along the public right-of- way. F. No person shall remain upon a public plaza between the hours of 10:00 p.m. and 6:00 a.m. the following morning, except, it shall not be a violation of this subsection for a person to traverse a public plaza without stopping. G. No person shall sit, lie, or sleep or store, use, maintain, or place personal property on a public median, public parkway, or landscaped area. H. No person shall obstruct public or private access by sitting, lying, or sleeping on public property or by storing, using, maintaining, or placing personal property on public property: 1. In a manner that obstructs or impedes passage, as provided by the Americans with Disabilities Act; 2. On or within twenty (20) feet of any operational or utilizable driveway, ramp, or loading dock; 3. On or within twenty (20) feet of any fire hydrant, fire plug or other connection used by the Fire Department; 4. Within twenty (20) feet of the entrance to a public restroom, public park, public trail or public path; 5. Within fifty (50) 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; 5-9 Ordinance No. 2024- Page 7 of 12 6. Within ten (10) feet of an automatic teller machine or any door that provides access to the automatic teller machine; 7. Within ten (10) feet of an electric vehicle charging station, parking pay station or parking meter; 8. Within ten (10) feet of a sidewalk ramp, or the corner where any street, roadway, highway, or alley intersect. 9. In a manner that unreasonably interferes with the use of the public right- of-way by motor vehicles, pedestrians or bicycles; or 10. Within five hundred (500) feet of a college, school, day care center, or cancer treatment center. It shall not be a violation of Subsection (H) for a person to sit for purposes of viewing a legally conducted parade. Section 4: Section 10.14.010 (Definitions) is hereby amended its entirety and shall read as follows: Section 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, 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 use property for living accommodation purposes or to use a vehicle for human habitation. A person shall be considered to be using property for living accommodation purposes if the person admits they are camping; the person is using a camp facility or camping paraphernalia between the hours of 10 p.m. and 6:00 a.m. to live outdoors or remain outdoors overnight; or, based on the totality of the circumstances, it is established that a person is using the property to live, dwell or reside, which is exemplified by the person sleeping or preparing to sleep outdoors; the person having with them damaged recreational equipment that cannot be used for its intended purpose; the person having with them camp stoves, pots, pans, or other 5-10 Ordinance No. 2024- Page 8 of 12 cooking equipment in an area that is not designated for cooking; the person having with them a sleeping bag, sleeping pad, blanket, pillow, bedroll or other similar bedding; the person having with them trash, recyclables, rubbish, or other garbage; the person having with them human waste, animal waste or medical waste that is stored in buckets, bottles or similar containers; and/or the person bathing or grooming themself outside of facilities designated for these purposes. A person shall be considered to be using a vehicle for human habitation if: the person admits they are using the vehicle to camp; or, based on the totality of the circumstances, it is established that a person is using the vehicle to live, dwell or reside, which is exemplified by the person continuously remaining inside the vehicle at the same location for two hours or more; the person sleeping in the vehicle; the inability of a person outside the vehicle to view through two or more windows because the view is limited or blocked; the inability to use seating in the vehicle because a large volume of personal belongings, trash, rubbish, or garbage is stored in the vehicle; the person preparing or cooking meals inside or on the vehicle; the person bathing or grooming inside the vehicle; the storage of items inside or on a vehicle that are not associated with ordinary use of the vehicle such as a sleeping bag, bedroll, blanket, sheet, pillow, kitchen utensil, cookware, cooking equipment or furniture; the use of buckets, bottles or similar containers to hold bodily fluids; and/or having furniture set up in or around the vehicle, such as chairs, tables, umbrellas or portable cooking equipment. "Camp facility" or "camp facilities" means any or a combination of the following a tent, hut, other temporary physical structure or shelter, cot, bed, or hammock. "Camping paraphernalia" means items that facilitate living outside including items that are used for: sleeping, such as sleeping bags, sleeping pads, blankets, pillows, bedrolls, or other similar bedding; cooking, such as camp stoves, pots, pans, or other cooking equipment; storage, such as backpacks, luggage, or coolers; sitting, such as moveable chairs; and lighting, such as headlamps, a lantern, or flashlights. "Prohibited public place" means any public property that is not designated for camping by resolution of the City Council or other governmental entity having jurisdiction over the property. "Public property" means all property owned or controlled by the State, the County, the City, or other public entity including, but not limited to, any publicly owned or controlled building, structure, restroom, bridges, beach, parking garage, parking lot, passageway, pier, public rights -of -way, driveway, landscaped area, parkway, median, greenbelt, open space, public park, or park facility. 5-11 Ordinance No. 2024- Page 9 of 12 "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 path, public trail, public square or plaza, public bike lane or path, public boardwalk, public alleyway, or a utility easement in which the City has interest. "Store" means to put aside or to keep, to accumulate for use when needed, or to put for safekeeping. "Vehicle" means a "motor vehicle" as defined by Cal. Veh. Code Section 415, a "recreational vehicle" as defined by Cal. Health & Saf. Code Section 18010(a), a "camper trailer" as defined in Cal. Veh. Code Section 242, a "house car" as defined in Cal. Veh. Code Section 362 or a "trailer coach" as defined in Cal. Veh. Code Section 635. Section 5: Section 10.14.020 (Camping in Prohibited Public Places) is hereby amended its entirety and shall read as follows: Section 10.14.020 Camping in Prohibited Public Places. A. No person shall camp in a prohibited public place. B. 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. Section 6: Section 11.04.070 (Prohibited Conduct) is hereby amended its entirety and shall read as follows: Section 11.04.070 Prohibited Conduct. It is unlawful for any person to conduct, perform or participate in any of the following activities at any park, park facility, beach or oceanfront boardwalk unless otherwise authorized to do so by the Director: A. Hit, strike or chip a golf ball except in designated areas for such purposes. 5-12 Ordinance No. 2024- Page 10 of 12 B. Rollerblade, roller skate or skateboard on any public tennis or sport court. C. Remove, damage or destroy any athletic equipment or paraphernalia provided by the City for use, except, 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. D. Play basketball on any outdoor public basketball court within three hundred (300) feet of any residentially zoned parcel, between 7:00 p.m. and 8:00 a.m. the following morning. E. Use any park or park facility when a fee is charged, or permit or use agreement is required, without first having paid the required fee or having received any required permit or use agreement as required under Section 11.04.030(D) or 11.04.060. F. Drive, propel, ride or park or leave standing any vehicle propelled by a motor except in areas designated for such purposes, except, 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 11.03. This section does not permit public parking of event attendees. G. Continuing to conduct or perform any event, activity, behavior or conduct that is determined to be unsafe, a nuisance, or a disturbance to the public by the Director, a park patrol officer, code enforcement officer, lifeguard or peace officer after the person or group of people conducting or performing the event, activity, behavior or conduct has been issued a verbal or written warning that said event, activity, behavior or conduct has been determined to be unsafe, a nuisance, or a disturbance to the public. H. Engaging in any sidewalk vending activity unless conducted in compliance with Chapter 5.97, or any successor chapter. I. 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 5-13 Ordinance No. 2024- Page 11 of 12 similar personal hygiene products; using any medical or other personal hygiene product to rid the body of lice or any disease, infection or growth). J. 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 7: The recitals provided in this ordinance are true and correct and are incorporated into the substantive portion of this ordinance. Section 8: 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 9: 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 10: 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. 5-14 Ordinance No. 2024- Page 12 of 12 Section 11: 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 27th day of August, 2024, and adopted on the 10th day of September, 2024, by the following vote, to -wit: AYES: NAYS: ABSENT: WILL O'NEILL, MAYOR ATTEST: LEILANI I. BROWN, CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE ON C. HARP, CITY ATTORNEY 5-15