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HomeMy WebLinkAbout05 - Park Facilities Rules and RegulationsCITY OF NEWPORT BEACH COUNCIL AGENDA CITY COUNCIL STAFF REPORT NO, 5 o-91-0y • Agenda Item No. 17 November 9, 2004 TO: Parks, Beaches and Recreation Commission FROM: Recreation and Senior Services Department Marie Knight, Director — 644 -3157 mknight@city.newport-beach.ca.us SUBJECT: New NBMC Chapter 11.04 —Park Facilities – Rules and Regulations ISSUE Should the City Council delete the current MC Chapter 11.04 and add the new Chapter 11.04 — Park Facilities – Rules and Regulations to provide expanded enforcement capabilities in City parks? RECOMMENDATION Staff recommends that the City Council introduce and pass to second reading the adoption of the new NBMC Chapter 11.04 — Park Facilities – Rules and Regulations • (Exhibit A). BACKGROUND On July 22, 2003, City Council approved the Park Patrol program to include the authority to write administrative citations for code violations. As part of the approval, staff was directed to review the current code governing the use of parks and to be sure that necessary revisions are brought back to Council with respect to the use of parks and the enforcement of code violations and services offered such as permitted exclusive use of parks. On December 9, 2003, the Council amended Chapter 1.12 of the NBMC to authorize the Park Patrol to write administrative citations. 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. This amendment allows the Park Patrol officers to cite if necessary for those violations in the Municipal Code that occur at City parks such as alcohol consumption, animal leash laws, use of paint ball guns, water quality issues, commercial use of public property etc. In that report, Council was informed that staff, along with the City Attorney's office, was working on revisions to both current chapters of the Code • regulating special events and conduct in parks and that it would be brought back to Council at a future date. New NBMC Chapter 11.04 — Park Facilities – Rules and Regulations (November 9, 2004) Page 2 Since that time staff has worked with the City Attorneys office, General Services, Police, • and Code Enforcement as well as the Recreation Activities Committee of the PB &R Commission on the new Chapter 11.04 — Park Facilities – Rules and Regulations Ordinance. In addition, staff researched similar ordinances in other cities in Southem California to see how they are addressing the same problems we encounter in our parks. On October 5, 2004, the Parks, Beaches & Recreation Commission voted to submit to Council the attached new NBMC Chapter 11.04 — Park Facilities – Rules and Regulations for their approval. DISCUSSION Staff is proposing the new Chapter 11.04 to include what we feel are necessary changes and clarifications to the existing language, as well as a few additions that will allow for enforcement in areas that have emerged as problematic in City parks. Much of the new language includes definitions and clarifications that the Attorney's office feels is necessary in establishing our authority and rights to provide use of City parks. Outlined below are the enforceable areas of the Chapter that are new as well as the basis for why they are necessary. 11.04.060 Permit Requirement • This entire section is new and grants the City the needed authority to reserve parks and facilities for exclusive use. This section allows us to provide the youth sports organizations with their field use, private rentals of picnic shelters, meeting space for local non -profit organizations, etc., and provides the Park Patrol the enforcement capabilities needed to protect the permits that have been issued. This is a continual problem in that there are residents or groups that pay a fee for this service; however, staff has been unable in the past to protect that service. In addition, this section allows the City to establish "Safety Zones" for the after school programs. We operate three after school sites, all of which are connected to a park site. In the past we have experienced problems with adult individuals hanging out in the park areas where children are participating in activities and bothering them. In order to protect those children in these programs, staff needs the ability to ask individuals to leave the play area if it is felt that they in any way pose a danger. Currently there is nothing in the Code that provides Park Patrol or the Police Department the authority to ask anyone to leave the area. • 11.04.070 Athletic Leagues – Permit Required This new requirement is necessary in order to cover the maintenance cost of re ular and oncioinci use of facilities as well as to regulate the location of such • use. This does not apply to a pick up game of soccer or a one time use of a field as long as there are no other permitted users for the location. New NBMC Chapter 11.04 — Park Facilities — Rules and Regulations • (November 9, 2004) Page 3 11.04.080 Prohibited Conduct. — Section G This section has been added in order to comply with new State Law that requires the posting of these signs. Staff has already posted these signs, where required to comply with this new State Law. Park Patrol Goals The goal of the Park Patrol program remains that of education on the use of City parks and the provision of a safe park environment for our residents. Since its inception the Park Patrol staff have been trained that unless there is an immediate health or safety concern or a problem with a refusal to relinquish a permitted area, that they must write a written warning before issuing a citation. In addition, once the new Ordinance has been approved by Council, an informational brochure will be created to be used by the Park Patrol staff as an education tool when informing residents about the proper conduct in parks. Additional SlQnacie Staff was asked by the Parks, Beaches & Recreation Commission to research the issue of signage related to any revisions to the current code and if the City is required to post • all offences that we could potentially cite for. The City Attorney's Office has researched the issue of whether the City is required to post signage at City parks notifying the public of the new regulations and have advised us that no such posting is required by law. All that is required is that the ordinance sufficiently defines the prohibited conduct so that an ordinary person could understand, or have "notice," of what is prohibited. (Actual knowledge of the law is no defense; everyone is presumed to have knowledge of the law.) Thus, adoption of the new Chapter would not require any additional posting of notices over what is currently being done in City parks. Environmental Review: NA Prepared and Submitted by: Marie KrAht, Recreation Se i r Services Director Attachments: Exhibit A: New MC Chapter 11.04 — Park Facilities - Rules & Regulations Exhibit B: Current MC Chapter 11.04 —Conduct in Parks • NO. 2004- 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 PARK 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 — Permit Required. 11.04.080 Prohibited Conduct. 11.04.090 Violation of Rules and Policies of Department. 11.04.100 Ejection. • 11.04.110 Prohibition Against Obstructing Performance of City Employee. 11.04.120 Exemption. 11.04.010 Intent 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 Facility: 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 Directors 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. F. 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. Wien 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 paraphemalia 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. 11.04.090 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 _ day of ^ 2004, and adopted on the ^ day of 2004, by the following vote, to wit: AYES, COUNCILMEMBERS NOES, COUNCILMEMBERS ABSENT COUNCILMEMBE Tod W. Ridgeway ATTEST: City Clerk • • CURRENT • Chapter 11-04— Conduct in Parks Section 11.04.010 Parks Defined. For the purposes of this chapter, the term "park" shall mean and include all dedicated parks, landscaped parkways, traffic islands, and any other property owned and /or maintained by the City. (Ord. 92 -41 § 1, 1992: Ord. 967 (part), 1961: 1949 Code § 4204.1) Section 11.04.020 Prohibited Conduct. No person shall do any of the following acts, or engage in any of the following specified conduct, within any park: A. Remove, damage or destroy any athletic equipment or paraphernalia provided by the City for use, provided, 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; B. Drive, propel, ride, park or leave standing any bicycle or any vehicle propelled by a motor except in areas designated for such purposes, provided, 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 5.10 of this Code. This section does not permit public parking of event attendees; • C. Hit, strike or chip a golf ball except in areas designated for such purposes; D. Camp or lodge except in places designated for such purposes and with specific permission from the City to do so; E. Use any park facility for which a fee is charged without first having paid the fee required therefor and having received any required permit; F. Play basketball on any outdoor public basketball court within three hundred (300) feet of any residentially zoned parcel, between sunset or seven p.m., whichever is later, and eight a.m.; G. Use of rollerblades, rollerskates or skateboards on any public tennis court. (Ord. 96 -34 § 1 1996: Ord. 96 -14 § 1, 1996: Ord. 95 -44 § 1, 1995. Ord. 92 -41 § 2, 1992: Ord. 1510 § 1 1973: Ord. 967 (part), 1961: 1949 Code § 4204.2) •