HomeMy WebLinkAbout05 - Park Patrol Officers to Issue CitationsAgenda Item #5
January 13, 2004
0 ORDINANCE NO. 2003 -20
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT
BEACH, CALIFORNIA, AMENDING SECTION 1.12.020 OF CHAPTER
1.12 OF TITLE 1 OF THE NEWPORT BEACH MUNICIPAL CODE TO
AUTHORIZE PARK PATROL OFFICERS TO ISSUE CITATIONS
NOW THEREFORE, the City Council of the City of Newport Beach, California, HEREBY ORDAINS as
follows:
SECTION 1: Section 1.12.020 of Title 1 of the Newport Beach Municipal Code is hereby amended to
read as follows:
Chapter 1.12
CITATIONS AND WARRANTS
Section 1.12.020 NBMC Authority of Public Officers or Employees to Issue Citations.
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 (as authorized by Section 22507.9 of the Vehicle Code for handicapped
• parking enforcement) 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 assigned by the Chief of Police.
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, Sections 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.
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.
F. The Code & Water Quality Enforcement Supervisor, Code & Water Quality Enforcement
Officers and Watershed & Water Quality Specialist shall have the power to issue citations for
. any violation of this Code.
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. •
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.
The Municipal Compliance Officer who may be employed by contract shall have the power to
issue citations for any violation of this Code.
J. Park Patrol Officers shall have the power to issue citations for violations of Chapters 5.10 and
11.04, of this Code and for violations of any provision of this Code occurring in parks or
parking violations occurring in parking lots servicing parks and other City facilities.
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 9"' day of December 2003, and adopted on the 13th day of January, 2004, by the following vote,
to -wit:
AYES, COUNCILMEM
NOES, COUNCILMEMBERS
ABSENT, COUNCILMEMBERS
MAYOR
ATTEST:
CITY CLERK 10
0
CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 9
December 9, 2003
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Recreation & Senior Services Department
Marie Knight, Director 644 -3157 mknight @city.newport- beach.ca.us
SUBJECT: Park Patrol Authority to Write Administrative Citations
ISSUE
Should the Park Patrol Officers have the authority to write citations to enforce the municipal codes
related to special events and conduct in City parks?
RECOMMENDATION
Introduce Ordinance # 2003- amending Section 1.12.020 of Chapter 1.12 of the Newport Beach
Municipal Code to authorize Park Patrol Officers to issue citations and pass to second reading for
adoption.
DISCUSSION
Background:
In late October 2003, the Recreation & Senior Services Department hired two park patrol officers as
•authorized by City Council on July 22. Training was reviewed and provided by the Police Department,
Code Enforcement, Parks Division, Recreation Division and the Fire Department. The role of the Park
Patrol is to educate the community about the use of City parks and resources that are available to them,
and, when necessary, to enforce provisions of the Municipal Code related to special events and conduct in
parks. The approved program included the ability for the Park Patrol Officers to issue citations to enforce
these codes and other provisions, such as handicapped parking, in City parks.
As a part of the process in creating the Park Patrol program, staff conducted a review of these codes to
determine what adjustments or additions needed to be made as well as surveying surrounding cities to
ascertain sample ordinances and codes enforced through their park patrol programs. Staff is currently
working with the City Attorney's office to revise chapters pertaining to Special Event Permits and Conduct
in Parks and will bring the proposed revisions to Council for approval at a later date.
In the meantime, staff recommends that section 1.12.020 of Chapter 1.12 be revised as attached to give
the Park Patrol Officers the authority to write administrative citations and parking citations in parks under
the current Municipal Code. The Park Patrol officers have already encountered situations where they have
provided citizens with several warnings regarding code violations and are in need of the ability to issue
citations in order to gain compliance. These violations include driving vehicles onto the parks and causing
damage, use of City parks for commercial operations and parking illegally in handicapped or red zone
parking spaces.
Environmental Review: NA
r PrefZar
h�la� Knight, Rec _atio� Senior S =micas Director
Attachments: Ordinance No. 2003-
ORDINANCE NO. 2003-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT
BEACH, CALIFORNIA, AMENDING SECTION 1.12.020 OF CHAPTER
1.12 OF TITLE 1 OF THE NEWPORT BEACH MUNICIPAL CODE TO
AUTHORIZE PARK PATROL OFFICERS TO ISSUE CITATIONS
NOW THEREFORE, the City Council of the City of Newport Beach, California, HEREBY ORDAINS as
follows:
SECTION 1: Section 1.12.020 of Title 1 of the Newport Beach Municipal Code is hereby amended to
read as follows:
Chapter 1.12
CITATIONS AND WARRANTS
Section 1.12.020 NBMC Authority of Public Officers or Employees to Issue Citations.
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 (as authorized by Section 22507.9 of the Vehicle Code for handicapped
parking enforcement) 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 assigned by the Chief of Police.
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, Sections 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.
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.
F. The Code Enforcement Supervisor and Code Enforcement Officers shall have the power to
issue citations for any violation of this Code.
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.
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.
I. The Municipal Compliance Officer who may be employed by contract shall have the power to
issue citations for any violation of this Code.
J. Park Patrol Officers shall have the power to issue citations for violations of Chapters
5.10 and 11.04, of this Code and for violations of any provision of this Code occurring in
parks or parking violations occurring in parking lots servicing parks and facilities.
•
•
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 , 2003, and adopted on the day of
, 2003, by the following vote, to -wit:
AYES, COUNCILMEMBERS
NOES,COUNCILMEMBERS
ABSENT, COUNCILMEMBERS
fi G TOTS
ATTEST:
CITY CLERK
F:1userslcatlsh a redldalOrdinance1C itation s& W a rrants. doc
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ORDINANCE NO. 2003 -20
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT
BEACH, CALIFORNIA, AMENDING SECTION 1.12.020 OF CHAPTER
1.12 OF TITLE 1 OF THE NEWPORT BEACH MUNICIPAL CODE TO
AUTHORIZE PARK PATROL OFFICERS TO ISSUE CITATIONS
NOW THEREFORE, the City Council of the City of Newport Beach, California, HEREBY ORDAINS as
follows:
SECTION 1: Section 1.12.020 of Title 1 of the Newport Beach Municipal Code is hereby amended to
read as follows:
Chapter 1.12
CITATIONS AND WARRANTS
Section 1.12.020 NBMC Authority of Public Officers or Employees to Issue Citations.
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 (as authorized by Section 22507.9 of the Vehicle Code for handicapped
parking enforcement) 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 assigned by the Chief of Police.
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, Sections 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.
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.
F. The Code & Water Quality Enforcement Supervisor, Code & Water Quality Enforcement
Officers and Watershed & Water Quality Specialist shall have the power to issue citations for
any violation of this Code.
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.
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.
The Municipal Compliance Officer who may be employed by contract shall have the power to
issue citations for any violation of this Code.
Park Patrol Officers shall have the power to issue citations for violations of Chapters 5.10 and
11.04, of this Code and for violations of any provision of this Code occurring in parks or
parking violations occurring in parking lots servicing parks and other City facilities.
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 9'h day of December 2003, and adopted on the 13th day of January, 2004, by the following vote,
to -wit:
AYES, COUNCILMEMBERS Heffernan,Rosansky, Bromberg,
Webb, Nichols, Mayor Ridgeway
NOES, COUNCILMEMBERS None
ABSENT, COUNCILMEMBERS Adams
MAYOR / ` a/A
ATTEST:
CITY CLERK
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
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. 2003 -20 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
13th day of January 2004, and that the same was so passed and adopted by the following vote, to wit:
Ayes: Heffernan, Rosansky, Bromberg, Webb, Nichols, Mayor Ridgeway
Noes: None
Absent: Adams
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 14th day of January 2004.
(Seal)
d?
City Clerk
City of Newport Beach, California
CERTIFICATE OF PUBLICATION
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 Ordinance No. 2003 -20 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: January 17, 2004.
2004.
In witness whereof, I have hereunto subscribed my name this day of
City Clerk
City of Newport Beach, California