HomeMy WebLinkAbout2024-19 - 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 NBMCORDINANCE 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;
Ordinance No. 2024-19
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:
Ordinance No. 2024-19
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.
Ordinance No. 2024-19
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
Ordinance No. 2024-19
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.
Ordinance No. 2024-19
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;
Ordinance No. 2024-19
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
Ordinance No. 2024-19
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.
Ordinance No. 2024-19
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.
Ordinance No. 2024-19
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
Ordinance No. 2024-19
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.
Ordinance No. 2024-19
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: Mayor O'Neill Mayor Pro Tern Stapleton, Councilmember Avery,
Councilmember Blom Councilmember Grant, Councilmember Kleiman,
Councilmember Weigand
NAYS:
ABSENT:
WILL O'NEILL, MA OR
ATTEST:
CITY ATTORNEY'S OFFICE
e" �-_
R N C. HARP, CI 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. 2024-19 was duly introduced on the 27th day of August, 2024, at a regular meeting, and adopted by the
City Council at a regular meeting duly held on the loth day of September, 2024, and that the same was so
passed and adopted by the following vote, to wit:
AYES: Mayor Will O'Neill, Mayor Pro Tern 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 11th day of September, 2024.
STATE OF CALIFORNIA }
COUNTY OF ORANGE }
CITY OF NEWPORT BEACH }
AA6 *ft
Leilani I. Brown, MM C
City Clerk
City of Newport Beach, California
CERTIFICATE OF PUBLICATION
ss.
I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that
Ordinance No. 2024-19 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: August 31, 2024
Adopted Ordinance: September 14, 2024
In witness whereof, I have hereunto subscribed my name this � day of September, 2024.
4 �EvVPO�r
Leilani I. Brown, MM
City Clerk
U City of Newport Beach, California
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