HomeMy WebLinkAbout03 - Obstructions on Public PropertyAugust 23, 1999
Agenda Item No. 5
CITY OF NEWPORT BEACH
CoUMCDa MEaoa
OFFICE OF THE CITY ATTORNEY VDa -_ - �) =4 3 -0) "
August 23, 1999
TO: Mayor and Members of the City Council
FROM: Robert Burnham, City Attorney
RE: Obstructions on Public Property
Addition of Section 11.08.010
Staff is proposing an amendment to the Municipal Code (the addition of Section
11.08.010) that would make it illegal to install or place various objects on any beach, park
or tideland. The purpose of the amendment is to ensure that these areas remain free
from encroachments that interfere with public use and to control the location of
recreational equipment to protect users, residents and the City.
Recommendation: If desired, introduce Ordinance adding Section 11.08.010 to the
Newport Beach Municipal Code and pass to second reading for adoption.
BURNHAM
ORDINANCE NO. 99--
3......... 1 0
& AN- ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
., UEWPbRT BEACH, CALIFORNIA, ADDING SECTION
11.08.010 TO CHAPTER 11.08 OF THE NEWPORT BEACH
MUNICIPAL CODE PERTAINING TO OBSTRUCTIONS 0I4
PUBLIC BEACHES.
NOW THEREFORE, the City Council of the City of Newport Beach, California,
HEREBY ORDAINS as follows:
Section 1: Section 11.08.010 is hereby added to Chapter 11.08 of the Newport
Beach Municipal Code to read as follows:
11.08.010 Obstructions on Public Property Prohibited. No person shall install,
erect, or place any sign, recreational equipment (such as volleyball or badminton pole /net,
portable play apparatus, and trampoline), fence, fire pit or barbecue, or similar
encroachment on any public bay beach, ocean beach, tideland or park 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. The provisions of this Section shall not prohibit
the placement of beach umbrellas, sunscreens, shades or similar objects in conjunction
with the daytime use of any ocean beach, bay beach or tideland.
Section 2: That 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 was declared unconstitutional.
Section 3: 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 within fifteen (15) 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 day of , 1999, and adopted on
the day of , 1999, by the following vote, to -wit:
AYES, COUNCILMEMBERS
0
NOES, COUNCILMEMBERS
ABSENT, COUNCILMEMBERS
MAYOR
ATTEST:
CITY CLERK
CJ
F:\ users\ cat\ sharedlOrdinance\ObstructionsOnPublicProp.doc
CJ
CITY OF NEWPORT BEACH
OFFICE OF THE CITY ATTORNEY
July 30, 1999
TO: Mayor and Members of the City Council
FROM: Robin Clauson, Assistant City Attorney
August 9, 1999
Agenda Item No..4
MOCK AMEBA
�o0e 5 �'—r}3 -019
RE: Ordinance Adding Chapter 13.20 to the Newport Beach
Municipal Code Pertaining to Obstructions on Public Property
At a recent Council meeting, during discussions regarding beach volleyball at 24th
and 25th Streets, the Police Department noted that the Municipal Code does not have a
general prohibition against placing play equipment, such as volleyball courts, on City
property. After a review of the Municipal Code, the City Attorney recommended a general
prohibition against placing anything on public property without appropriate authorization.
Government Code Section 38775 authorizes the City Council to prohibit encroachments
and obstructions on public property and to provide for removal of prohibited obstructions.
The attached proposed Ordinance makes the necessary changes. Enforcement of the
Ordinance is already provided for in Chapters 1.04, 1.05, and 10.50 of the Municipal
Code, which will give staff flexibility depending upon the type of obstruction.
Recommendation: If desired, introduce Ordinance adding Chapter 13.20 to the
Newport Beach Municipal Code and pass to second reading for adoption.
RC:aw
f lcatbrdinanoeMemo \CCchap1320.doc
ORDINANCE NO. 99-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, ADDING CHAPTER
13.20 TO TITLE 13 OF THE NEWPORT BEACH
MUNICIPAL CODE PERTAINING TO OBSTRUCTIONS OIN
PUBLIC PROPERTY
NOW THEREFORE, the City Council of the City of Newport Beach, California,
HEREBY ORDAINS as follows:
Section 1: Chapter 13.20 is hereby added to Title 13 of the Newport Beach
Municipal Code to read as follows:
CHAPTER 13.20
OBSTRUCTIONS ON PUBLIC PROPERTY
Sections:
13.20.010 Obstructions on Public Property Prohibited
13.20.010 Obstructions on Public Property Prohibited. No person shall construct,
install, erect, or place any signs,, play equipment, picnic tables, fences, enclosures, or any
other structure upon any public sidewalk, street, alley, beach, park, or other public right of
way or tideland property unless otherwise authorized or permitted to do so by the City
Council, City Manager, or this Code.
Section 2:
Preemption. This Chapter shall not apply to any matter to which it concerns to the
extent that the regulation of such matter is preempted by State law.
Section 3: That if any section, subsection, sentence, clause or phrase of this
Ordinance is for any mason 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 to more
sections, subsections, sentences, clauses and phrases be declared unconstitutional.
1
0
Section 4: 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 within fifteen (15) 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 day of , 1996, and adopted
on the day of , 1999, by the following vote, to -wit:
AYES, COUNCILMEMBERS
NOES, COUNCILMEMBERS
ABSENT, COUNCILMEMBERS
MAYOR
ATTEST:
CITY CLERK
F:% usersl cafthared lOrdinancelAddlChapterl3- 20.doc
2