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HomeMy WebLinkAbout07 - Amendment to Chapter 1.12 of NBMCCITY OF NEWPORT BEACH POLICE DEPARTMENT May 9, 2000 May 9, 2000 Item No. 7 TO: Honorable Mayor, Members of the City Council and City Manager FROM: Bob McDonell, Chief of Police SUBJECT: Amendment of Chapter 1.12 of the Municipal Code RECOMMENDATION: Adopt the attached amendment to Chapter 1.12 of the Newport Beach Municipal Code, designating City employees who have the authority to enforce various regulations for which they have responsibility. The amendment has been approved by the City Attorney. BACKGROUND: During the course of exploring the potential for using Police Volunteers to issue parking citations for handicap violations on private property, it became clear the Municipal Code required some updating as it relates to the enforcement authority of various police employees. Code sections are outdated, missing and subject to change, and some job titles are not listed. The attached amendment serves the latter purpose and in so doing, will also allow the Police Department to designate Police Volunteers under certain circumstances, to issue parking citations for handicap violations. Parking issues have always been a major concern for residents of the City of Newport Beach and that is still the case. Currently, the Department issues handicap violation citations, primarily on a complaint basis when a property owner calls to report an illegally parked vehicle. Unfortunately, based on all the other competing priorities for parking enforcement on street and in City -owned lots, our personnel generally don't have the luxury of venturing on to private property to insure compliance under the handicap parking regulations. Even so, we still issue several hundred citations per year for those violations. We believe we can and should do a more effective job in dealing with the apparent flagrant and continual violations of handicap parking regulations by some in society, whose selfishness oftentimes prevents those who are truly in need from having access to those spaces. Many departments have effectively Amendment of Chapter 1.12 of the Municipal Code Page 2 used their Police Volunteers (in pairs) and after being appropriately trained, to augment enforcement of those regulations. A number of our volunteers have expressed a desire to participate in the expansion of their service to the Community in that regard, and we believe it would be an effective use of those resources. Personally, I was responsible for starting a volunteer program similar to the one now in place in Newport Beach, while employed with the City of San Clemente in the early 80's. I utilized the volunteers to assist in handicap enforcement among their other duties, and witnessed the success, which is still being enjoyed now that they are a contract city with the Sheriff's Department. Prior to commencing the program, we would thoroughly train the volunteers, survey the handicap spaces which exist in the City for appropriate compliance with signage, etc., and work with the property owners to bring them into compliance. In addition, we would utilize a conditioning period, along with appropriate publicity, to insure motorists know there would be consistent enforcement. Our intent would be to bring about a high level of voluntary compliance, without the ultimate need for significant enforcement. In summary, our exploration of the use of volunteers for limited parking enforcement brought about a review of Section 1.12 of the Municipal Code and the need to recommend revisions. Those revisions have been reviewed and approved by the City Attorney. ;Z, Bob McDonell CHIEF OF POLICE ORDINANCE NO. 2000- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING SECTION 1.12.010, OF TITLE 1 OF THE NEWPORT BEACH MUNICIPAL CODE, PERTAINING TO CITATIONS AND WARRANTS The City Council of the City of Newport Beach does hereby ordain that certain Newport Beach Municipal Code sections are amended to read, in full, as follows: SECTION 1: Section 1. 12.020 of Chapter 1.12 is amended to read as follows: Section 1. 12.020 The following designated public officers and employees all have the power to issue citations for violations of the ordinances and laws specified in this section: A. Animal Control Officers, Community Services Officers, Custody Officers, Parking Control Officers, Volunteers and other designated members of the Police Department staff shall have the power to issue citations for any violation of this Code and any Code of the State of California, as designated by the Chief of Police. z POWWOW nn D.B. The Fire and Marine Department Director, and members of the staff designated by the Fire and Marine Department Director, shall have the power to issue citations for any violation of the Titles 11 and 17 of this .. _ D.B. The Fire and Marine Department Director, and members of the staff designated by the Fire and Marine Department Director, shall have the power to issue citations for any violation of the Titles 11 and 17 of this Code, Chapters 7.04, 7.16 and 7.20 of this Code, Section 6.04.060, 6.04.200 and 10.06.010 of this Code, the Fish and Game Code of the State of California, Title 14 of the California Administrative Code, the provisions of the Health and Safety Code of the State of California that pertain to animals and the provisions of Chapter 5 of Division 3 of the Harbors and Navigation Code of the State of California. €.C. The Marina Park Manager shall have the power to issue citations for any violation of Chapter 12.40 of this Code. D. The Revenue Manager, License Supervisor and all License Inspectors shall have the power to issue citations for any violations of Titles 3, 5, 6 and 10 of this Code, Section 12.40.060 of this Code and Chapters 12.62 and 12.63 of this Code. G-.E. The General Services Director and department staff designated by the Director, shall have the power to issue citations for any violation of Chapter 6.04 of this Code. W-.F. The Code Enforcement Supervisor and Code Enforcement Officers shall have the power to issue citations for any violation of this Code. 1-G. The Building Director and the Chief Building Inspector shall have the power to issue citations for any violation of Title 15 of this Code. J-.H. The Fire and Marine Department Director, and members of staff designated by the Fire and Marine Department Director, shall have the power to issue citations for any violation of Title 9 of this Code, Sections 22500.1 and 22514 of the California Vehicle Code, any provision of state or local law related to fire suppression or fire prevention and any provision of state and local laws pertaining to the handling, use, storage or disposal of hazardous materials or waste. K-. 1. The Municipal Compliance Officer who may be employed by contract shall have the power to issue citations for any violation of this Code. 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 to more sections, subsections, sentences, clauses and phrases be 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 , 2000, and adopted on the day of 2000, by the following vote, to -wit: AYES, COUNCILMEMBERS NOES,COUNCILMEMBERS ABSENT, COUNCILMEMBERS MAYOR ATTEST: CITY CLERK F: \users\cat\shared\Ordinance \Cite &W arrants.doc da: 04 -19 -00