The URL can be used to link to this page

Home My WebLink About2004-26 - Deleting Chapter 11.04 of the Newport Beach Municipal Code Pertaining to Conduct in Parks and Adding a New Chapter 11.04 Pertaining to Rules and Regulations for Park Facilities.ORDINANCE NO. 2004-26 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, DELETING CHAPTER 11.04 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO CONDUCT IN PARKS AND ADDING A NEW CHAPTER 11.04 PERTAINING TO RULES AND REGULATIONS FOR PARK FACILITIES. SECTION 1. LEGISLATIVE FINDINGS The City Council, in adopting this Ordinance makes the following findings: A. The City of Newport Beach owns and operates 67 parks and recreational facilities in the City to serve residents and visitors alike. B In order to ensure maximum public use and enjoyment of the City's public parks and recreation facilities, the City Council finds it necessary to establish rules and regulations governing their operation and use. C. The City Council also finds it necessary to provide a method to enforce these rules and regulations by providing park patrol officers with the authority to cite visitors for violations of the rules and regulations. NOW THEREFORE, in consideration of the findings made in SECTION 1, the City Council of the City of Newport Beach hereby ORDAINS as follows: SECTION 2. Chapter 11.04 is deleted in its entirety. SECTION 3. The following shall be added in its place to read as follows: CHAPTER 11.04 DARK FACILITIES — RULES AND REGULATIONS Sections: 11.04.010 Intent and Purpose. 11.04.020 Definitions. 11.04.030 General Administration. 11.04.040 Park Hours. 11.04.050 Closed Park Areas. 11.04.060 Permit Requirement. 11.04.070 Athletic Leagues — Pennit Required. 11.04.080 Prohibited Conduct. 11.04.090 Violation of Rules and Policies of Department. 11.04.100 Ejection. 11.04.910 Prohibition Against Obstructing Performance of City Employee. 11.04.120 Exemption. 11.04.010 llntent and Purpose. It is the policy of the City of Newport Beach to allow maximum public use of the City's public park facilities subject to rules and regulations necessary for administration and maintenance of parks and facilities. All persons using the City's public park facilities shall comply with the provisions of this chapter. The Director of Recreation & Senior Services shall be the City official primarily responsible for administering the use of the City's public park facilities and shall be authorized to establish and enforce all applicable codes, policies rules and regulations regarding the use and administration of public park facilities within the City of Newport Beach. 11.04.020 Definitions. For the purposes of this chapter, the following words and phrases shall have the meaning set forth in this section. A. Director: The term "Director" shall mean the Director of the Recreation & Senior Services Department. B. Park or Park Eacil'oty: The term "park" or "park facility" shall mean all publicly owned or leased property, grounds, parking lots, roadways, venues, bike paths, 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. C. Person: The term "Person" shall mean an individual, group, organization, association, corporation or any business entity. D. Park Patrol: The term "Park Patrol" shall mean and include the park patrol officers authorized under Municipal Code Section 1. 12.020 of Chapter 1.12. E. Regulations: The term "regulations" shall mean the provisions of this chapter and such rules, policies and regulations established from time to time by the City Council or the Director for the administration of this chapter. 11.04.030 General Administration. A. Any activity held at a park facility will be conducted according to the regulations of this chapter and all applicable laws, including fire and safety regulations and applicable municipal code provisions. B. Any person violating the regulations or conditions of any permit shall be subject to the immediate revocation of park facility use privileges and the City will retain all fees previously paid. C. Any persons using a park facility shall be responsible for paying for any damage to or loss of City property connected with such use. D. When groups or organizations desire to use a park facility on an ongoing basis, such use shall be subject to the Director's approval through a separate park facility use agreement. E. Use of park facilities for group activities or events shall not interfere with the public enjoyment of the park; detract from the health, safety, welfare or recreation of the general public; cause unusual or extraordinary expense to the City; nor draw crowds in excess of the capacity of the park facility. Scheduling procedures, use regulations and application processes for City park facilities shall be determined by the Director. 11.04.040 Park Hours. No person shall enter or remain upon any park facility between the hours of 11 p.m. and 6 a.m. 11.04.050 Closed Park Areas. When necessary for the protection of the public interest, health, or welfare, the Director shall have the authority to close from public access or use, any public park or portion thereof on a temporary basis. No person shall enter or remain upon areas posted or publicly noticed as closed. 11.04.060 Permit Requirement. A. The Director may issue permits allowing use of park facilities by one or more persons to the exclusion of others in connection with planned social occasions such as birthday parties, programs and recreational activities. No person(s) other than the person(s) authorized by the permit shall enter or remain on designated park areas during the period covered by the permit. All park facility use permits issued may only be used by the permit holder. Director permits are non - transferable. B. The Director shall have the authority to post reservation notices at park facilities notifying the public that a park facility is reserved for exclusive use during a specified time period, pursuant to a permit. No person shall disobey any reservation notice posted or issued by the Director relating to the use of any park facility, site, tables or other public accommodations identified in the permit. C. Any person not having a permit for the use of a park facility shall surrender or turn over possession of the park facility to any person having possession of a valid permit from the Director. It shall be unlawful for any person not having a permit from the Director to refuse to or fail to surrender the use of such park facility to any person who has a permit for the use of such park facility from the Director. 11.04.070 Athletic, Leagues — Permit Required. Any person(s) organized to engage in repetitive athletic leagues, athletic competition, or any other organized activity for any type of sport at a designated park area shall first obtain a permit prior to occupying any City park facility for games, practices, clinics, or other related events. 11.04.080 Prohibited Conduct. It shall be unlawful for any person to conduct, perform or participate in any of the following activities at any park facility, unless otherwise authorized to do so by the Director. A. Hit, strike or chip a golf ball except in designated areas for such purposes. B. Rollerblade, roller skate or skateboard on any public tennis court. C. Remove, damage or destroy any athletic equipment or paraphernalia provided by the City for use, 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 sunset or 7 p.m., whichever is later, and 8 a.m. E. Use any park facility for which a fee is charged without first having paid the required fee and having received any required permit. F. Drive, propel, ride or park or leave standing any bicycle or any vehicle propelled by a motor except in areas designated for such purposes, however, 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 of this Code. This section does not permit public parking of event attendees. G. Smoke within 25 feet of a playground and 20 feet of a community center, or in any building or a portion thereof where signs are in place prohibiting smoking. The Director shall have the authority to designate buildings or portions thereof where smoking is prohibited. H. Camp or lodge except in places designated for such purposes and with specific permission from the City to do so. 11.04.000 Violation of Rules and Policies of Department. No person shall disobey or violate any of the rules, policies or regulations of the Recreation & Senior Services Department governing the use and enjoyment by the public of any park or park facility. 11.04.100 Ejection. Any person who violates any of the prohibited conduct provisions in this chapter shall be guilty of disorderly conduct and may be ejected from the park by the Director or his or her designee or the Police Department. 11.04.110 Prohibition Against Obstructing Performance of City Employee. No person shall willfully delay or obstruct any City employee in the performance of his or her duties in a park facility. 11.04.120 Exemption. The provisions of this chapter shall not apply to an employee of the City acting in the course and scope of his or her employment, or to activities or programs of the Recreation & Senior Services Department or authorized by a Special Event permit issued by the Director pursuant to the provisions of Chapter 11 .03 of this Code. SECTION 4. 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, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. SECTION 5. The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance. The City Clerk shall cause the same to be published once in the official newspaper of the City, and it shall be effective thirty (30) days after its adoption. SECTION 6. This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach, held on the 9th day of November, 2004, and adopted on the 23rd day of November, 2004, by the following vote, to wit: ATTEST- CITY CLERK AYES, COUNCILMEMBERS Heffernan, Rosansky, Bromberg, Webb, Daigle, Niebols, Mayor Ridgeway NOES, COUNCILMEMBERS None ABSENT COUNCILMEMBERS None ar MAYOR STATE OF CALIFORNIA } COUNTY OF ORANGE CITY OF NEWPORT BEACH } I, LAVONNE M. HARKLESS, 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. 2004 -26 was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 23rd day of November 2004, and that the same was so passed and adopted by the following vote, to wit: Ayes: Heffernan, Rosansky, Bromberg, Webb, Daigle, Nichols, Mayor Ridgeway Noes: None Absent: None Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 24th day of November 2004. (Seal) 6-Z Clerk City of Newport Beach, California CERTIFICATE OF PUBLICATION STATE OF CALIFORNIA } COUNTY OF ORANGE } as. CITY OF NEWPORT BEACH } 1, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do hereby certify that Ordinance No. 2004 -26 has been duly and regularly published according to law and the order of the City Council of said City and that same was so published in The Daily Pilot, a daily newspaper of general circulation on the following date, to wit: December 4, 2004. In witness whereof, I have hereunto subscribed dmmy/name this � day of .At ee;r dJPr 2004. �LjP I ^Q ; City Clerk City of Newport Beach, California