HomeMy WebLinkAbout03 - Safety Enhancement Zone in West Newport on July 4thCITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 3
April 22, 2003
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Office of the City Attorney
Robert H. Burnham, City Attorney
(949) 644 -3131
rburnhama)city newport-beach ca us
SUBJECT: Ordinance Establishing Safety Enhancement Zone in West Newport
on July 4th and providing for increased fines and certain restrictions
ISSUE:
Should the City Council introduce on April 22, and pass to second reading and
adoption on May 13, 2003, an Ordinance that (a) establishes a Safety
Enhancement Zone in a portion of West Newport during July 4th and a portion of
July 5th and (b) amends portions Chapters 1.04, 1.05, 5.11, 5.95 and 10.58 to
increase fines and penalties for municipal code violations, prohibit the delivery of
alcohol to alcohol beverage outlets, increase the responsibilities of the owners of
short term lodgings and require immediate termination of certain activities upon
request of a peace officer in West Newport during the period the Safety
Enhancement Zone designation is effective.
RECOMMENDATION:
Introduce the proposed Ordinance on April 22, and pass to second reading and
adoption on May 13, 2003 with the modification specified in this memo.
BACKGROUND
The ordinance transmitted to the City Council on April 161h requires a property owner
and /or occupant to immediately terminate unruly or illegal behavior when requested to
do so by a law enforcement officer. The termination of such behavior is important for
two reasons. First, officers have a very heavy workload on July 4th and delays in
compliance with their orders and direction leaves other areas without protection.
Second, many of the serious altercations have resulted from the interaction between
partygoers on private property and persons on the street and officers need an effective
way to maintain control of persons on both public and private property. The ordinance
April 22, 2003
Page 2
imposes a fine of $1000.00 on the property owner and /or occupant for failure to
terminate the unruly or illegal behavior within ten (10) minutes.
This office, after conducting additional legal research and conferring with the Chief of
Police, is recommending that the ordinance be modified to reduce the fine to $300.00
for each full ten - minute segment that the conduct continues. In our opinion, this
reduction will avoid the argument that the penalty is disproportionate to the offense
while still providing police with an effective law enforcement tool. We have also
corrected certain typographical errors to the ordinance previously transmitted and are
providing a clean copy of the ordinance with the modification discussed above.
Prepared by: Robert Burnham
SIGNATURE
rt Burnham /City Attorney
Attachments: Proposed Ordinance
ORDINANCE NO. 2003-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA ESTABLISHING
SAFETY ENHANCEMENT ZONES, DESIGNATING A
PORTION OF AN AREA IN WEST NEWPORT BEACH AS A
SAFETY ENHANCEMENT ZONE DURING JULY FOURTH
AND AMENDING PROVISIONS OF CHAPTERS 1.04, 1.05,
5.11, 5.95 AND 10.58 OF THE NEWPORT BEACH
MUNICIPAL CODE TO INCREASE FINES AND PENALTIES
FOR MUNICIPAL CODE VIOLATIONS, PROHIBIT THE
DELIVERY OF ALCOHOL TO ALCOHOL BEVERAGE
OUTLETS, INCREASE THE RESPONSIBILITIES OF THE
OWNERS OF SHORT TERM LODGINGS AND REQUIRE
IMMEDIATE TERMINATION OF CERTAIN ACTIVITIES
UPON REQUEST OF A PEACE OFFICER IN AN AREA
DESIGNATED AS A SAFETY ENHANCEMENT ZONE AND
FOR THE TIME THE DESIGNATION IS EFFECTIVE.
SECTION 1. LEGISLATIVE FINDINGS
The City Council, in adopting Ordinance No. _ makes the following findings
based, in part, on the reports presented and the testimony provided during the
meetings on April 22, 2003 and May 13, 2003.
A. For more than 25 years, Newport Beach has been, especially during
the July 4' holiday, a destination for a growing influx of visitors from
all over Southern California.
B. West Newport is a densely populated residential area with some
commercial uses that is generally bounded by the Pacific Ocean on
the south, 32nd Street and Newport Boulevard on the east, Pacific
Coast Highway on the north and the Santa Ana River on the west.
C. That portion of West Newport that lies east of 54'h Street has
experienced some of the largest crowds during the July 4`h holiday.
D. The enormous crowds in West Newport during the July 4 "' holiday and
the heavy traffic congestion that occurs during that period, when
combined with the unruly behavior of some visitors /residents that is
partly attributable to the consumption of alcohol, the relatively narrow
streets, the significant number of short term lodging units and the
numerous large parties, have led to many arrests, have impaired the
ability of paramedics and ambulances to access the area in the event
of a medical emergency and have created the potential for a major
disturbance.
E. West Newport is the site of numerous large parties and gatherings on
private property during the July 4"' holiday and the interaction
between partygoers and other visitors has been the catalyst for
frequent physical altercations that created the potential for a major
disturbance and /or the need for emergency medical assistance.
F. In West Newport on July 4t' in 2002, the Newport Beach Police
Department made more than 160 arrests, issued more than 1300
citations and served more than 30 "disturbance advisement cards"
(pursuant to Chapter 10.58) for violations of various state laws and
municipal ordinances.
G. In West Newport on July 4 ' in 2002, the Newport Beach Fire & Marine
Department responded to numerous calls for medical aid including
many calls that were generated by individuals who have been involved
in altercations and who had sustained relatively serious injuries.
H. To protect the safety of West Newport residents and visitors during
the July 4"' holiday, the City has assigned in excess of 150 Newport
Beach Police Department employees to the area, contracted with other
law enforcement agencies for more than 50 additional personnel to
assist Newport Beach Police Officers, temporarily closed certain
streets to vehicular and /or pedestrian traffic and increased
enforcement of certain provisions of the Building Code and Fire Code
designed to protect public safety such as the prohibition against
overcrowding.
I. In 2002, the City spent more than $90,000 providing the enhanced law
enforcement presence and enhanced code enforcement during the
July 4 " holiday in West Newport alone.
J. In 2003 the City has allocated more than $150,000 to provide enhanced
law enforcement presence in West Newport and devoted hundreds of
hours of staff time to work with the community to evaluate and
implement ways to reduce the number of arrests and the potential for
a major disturbance in West Newport.
K. The City's strategy to protect the public's health and safety in West
Newport during the July 4 ' holiday has, to date, been successful in
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preventing any major disturbance but has not: (1) eliminated
potentially dangerous situations from developing; (ii) guaranteed that
sufficient law enforcement personnel are present to respond to, and
quell, a major disturbance; or (iii) ensured that emergency medical
personnel will be able to access persons in need of medical
assistance.
L. While there is no single solution to the problems experienced in West
Newport during the July Wh holiday, the designation of a portion of
West Newport as a Safety Enhancement Zone and the resulting
increase in fines and penalties, the prohibition against alcohol
deliveries and the additional responsibilities imposed on occupants
and owners to prevent unruly behavior that flow from that designation
when combined with the additional expenditure for supplemental law
enforcement services, the closure of certain streets to vehicular
and /or pedestrian travel and other measures designed to control the
number and behavior of visitors, will further reduce the potential for a
major disturbance and help ensure that law enforcement and
emergency medical personnel will be able to quickly and effectively
respond to any emergency.
M. The increased penalties for administrative and criminal citations and
the signs advising of the increased fines and penalties will reduce the
amount of criminal activity in West Newport during the July 4'h holiday
and reduce the potential for a major disturbance by providing law and
code enforcement officers with additional tools to obtain prompt
compliance with all applicable statutes and ordinances.
N. The temporary prohibition against the delivery of alcohol within a
Safety Enhancement Zone combined with pending prohibitions
against the exterior storage and /or sale of alcohol will reduce the
potential for the excessive consumption of alcohol and a major
disturbance.
O. Enhanced enforcement of the provisions of Chapter 10.58 will enable
law enforcement personnel to reduce the potential for the potentially
violent interaction between persons attending parties and gatherings
on private property and persons who are on adjacent public property.
P. The potential for revocation of a short term lodging permit for any
material violation of Chapter 5.95 will help ensure that owners and
occupants of "weekly rentals" in West Newport do not contribute to
the problems experienced by law and code enforcement personnel on
July 4'.
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(�. Newport Beach is a charter city with the authority to adopt ordinances
and resolutions governing matters pertaining to municipal affairs and
the provisions of this Ordinance are designed to protect the health
safety and welfare of the residents of, and visitors to, Newport Beach
by enhancing the penalties for the violation of municipal ordinances to
minimize the potential for a major disturbance and ensure appropriate
responses to requests for emergency medical assistance.
NOW THEREFORE, In consideration of the findings made in SECTION 1, the City
Council of the City of Newport Beach ORDAINS as follows:
SECTION 2.
The table of contents of Chapter 1.04 of the Newport Beach Municipal Code is amended
to read as follows:
CHAPTER 1.04
CODE ENFORCEMENT
Sections:
1.04.010
Violations, Penalties and Enforcement.
1.04.020
Public Nuisances.
1.04.040
Violation of Administrative Provisions.
1.04.050
Parking Violation — Infraction.
1.04.060
Safety Enhancement Zone
SECTION 3.
Section 1.04.010 of the Newport Beach Municipal Code is amended to read as follows:
1.04.010 Violations, Penalties and Enforcement.
The provisions of this Section represent the means and methods by which the City of
Newport Beach intends to secure compliance with the provisions of this Code. The City
may use any or all of the enforcement options in securing compliance with the
provisions of this Code and multiple enforcement options may be used to achieve
compliance with respect to persons who commit continuing violations. A separate
offense shall be deemed to have been committed whenever (a) a person repeats the
act that constitutes the violation; or (b) any condition or circumstance that constitutes a
violation is allowed to exist for more than twenty -four hours. :
A. Infraction. Any person violating any of the provisions or failing to comply
with any of the mandatory requirements of this Code may be prosecuted for an
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infraction. Written citations for infractions may be issued by police officers or nonsafety
employees designated in Section 1.12.020. Except as provided in Subsection B, any
person convicted of an infraction under the provisions of this Code shall be punishable
either by fines as is specified in the currently adopted Uniform Infraction Bail Schedule
used by the Orange County Municipal Courts, or where no fine is specified therein by:
1. A fine not exceeding one hundred dollars ($100.00) for a first violation;
2. A fine not exceeding two hundred dollars ($200.00) for a second violation
of the same ordinance within one year;
3. A fine not exceeding five hundred dollars ($500.00) for each additional
violation of the same ordinance within one year.
B. Safety Enhancement Zone. For any violation of the Newport Beach
Municipal Code that is committed within an area that has been designated by the City
Council as a Safety Enhancement Zone pursuant to Section 1.04.060, and during the
time that designation is effective, the fine shall be treble the amount otherwise
prescribed or where the violation is considered an infraction and no fine is specified by:
1. A fine not exceeding two hundred dollars ($300.00) for a first violation;
2. A fine not exceeding four hundred dollars ($600.00) for a second violation
of the same ordinance within one year;
3. A fine not exceeding one thousand dollars ($1,000.00) for each additional
violation of the same ordinance within one year.
C. Misdemeanor. Any person violating any of the provisions or failing to
comply with any of the mandatory requirements of this Code may be prosecuted for a
misdemeanor. Written citations for misdemeanors may be issued by police officers or
by nonsafety employees designated by Newport Beach Municipal Code Section
1.12.020. Any person convicted of a misdemeanor under the provisions of this Code
shall be punished by a fine not exceeding one thousand dollars ($1,000) or
imprisonment for a term not exceeding six months, or by both such fine and
imprisonment.
D. Civil Action. The City Attorney, by and at the request of the City Council,
may institute an action in any court of competent jurisdiction to restrain, enjoin or abate
the condition(s) found to be in violation of the provisions of this Code, as provided by
law.
E. Administrative Citation. Upon a finding by the city official vested with the
authority to enforce the various provisions of this Code that a violation exists, he or she
may issue an administrative citation under the provisions of Chapter 1.05.
SECTION 4.
Section 1.04.060 of Chapter 1.04 is added to the Newport Beach Municipal Code to read
as follows:
1.04.060 Safety Enhancement Zone
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A. Designation Process. The City Council may by ordinance, or by resolution
upon a finding that there is a need to take immediate action to protect the public
health, safety and welfare, designate a specific geographical area as a "Safety
Enhancement Zone" and specify the date and or time that the designation is
effective upon a finding that the geographical area is subject to unique conditions
and circumstances during a specific period of time that create the potential for a
significant threat to public health and safety and that the threat would be reduced
by enhanced penalties for violations of provisions of the Newport Beach
Municipal Code and increased responsibilities on the part of residents and
occupants in the area. The ordinance or resolution establishing a Safety
Enhancement Zone shall contain the following provisions: (a) a description of the
geographical area comprising the Safety Enhancement Zone; (b) the date and
time during which the Safety Enhancement Zone designation is applicable to the
geographical area; (c) the factual basis for the designation; and (d) the manner
in which general notice of the Safety Enhancement Zone and the penalties for
violations shall be given; and (e) the manner in which specific notice of additional
duties, responsibilities and /or restrictions shall be given to owners or occupants
of property affected by the Safety Enhancement Zone designation.
B. West Newport Safety Enhancement Zone. The City Council designates as a
Safety Enhancement Zone the area bounded by the Pacific Ocean on the south,
32 "d Street and Newport Boulevard on the east, Pacific Coast Highway on the
north and 54`h Street on the west. This designation is effective from 12:01 a.m.
on July 4'h to 3:00 a.m. on July 5'h during each year that the designation is in
effect. The factual basis for this designation is found in Section 1 of this
Ordinance. Notice of the Safety Enhancement Zone designation shall be posted
on or before 6:00 p.m. on July 3rd at no less than three locations along Pacific
Coast Highway, four locations along Newport Boulevard /32 "d Street, four
locations along Oceanfront Walk/Seashore Drive and two locations along 54"
Street. In addition, letters advising of the Safety Enhancement Zone designation
and the fines, penalties and provisions affected by the designation shall be sent,
on or before June 15'h to each address and each owner of property (ownership
determined on the basis of the most recent property tax information available to
the City) within the Safety Enhancement Zone.
SECTION 5.
Section 1.05.005 of the Newport Beach Municipal Code is amended to read as follows:
Section 1.05.005 Legislative Findings and Statement of Purpose
A. The City Council finds that there is a need for an alternative method of
enforcement for various violations of the Municipal Code. The City Council also
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finds that an appropriate method for enforcement of various violations is an
Administrative Citation Program that will reduce the burden on the judicial
system while providing full due process for those cited.
B. The procedures established in this Chapter are in addition to criminal, civil or
other legal remedies that may be available to the City to enforce violations of the
Municipal Code or applicable State Codes.
C. The City Council finds and determines that enforcement of the provisions of the
Newport Beach Municipal Code and conditions on entitlements or permits are
municipal affairs as well as matters of purely local concern to the citizens of
Newport Beach.
D. The City Council finds that the adoption and implementation of this
Administrative Citation Program is within the power and authority of the City of
Newport Beach as a charter city and will achieve the following goals:
1. To promote and protect the public health, safety and welfare of the
citizens of the City of Newport Beach;
2. To help ensure compliance with the Municipal Code and State Codes,
ordinances and regulations in a timely and efficient manner;
3. To provide for an administrative process to appeal the imposition of
administrative citations and fines that will fully comport with due process
and provide those cited with the right to a fair hearing without the need for
legal counsel;
4. To provide a method to hold parties responsible when they fail or refuse to
comply with the provisions of the Municipal Code, ordinances,
agreements or terms and conditions on entitlements in the City of Newport
Beach;
5. To reduce the burden on the judicial system and minimize the time and
expense of defending the citation on the part of the person cited.
E. Use of this chapter shall be at the sole discretion of the City.
SECTION 6.
Section 1.05.010 of the Newport Beach Municipal Code is amended to read as follows:
1.05.020. Definitions
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"Enforcement officer" means any officer or employee with the authority to enforce the
Newport Beach Municipal Code as provided in Chapter 1.12.
"Responsible person" means any individual who is the owner or occupant of real
property, owner or authorized agent of any business, company, or entity, or the parent
or the legal guardian of any person under the age of eighteen (18) years, who violates
or maintains a violation of the Newport Beach Municipal Code.
SECTION 7.
Section 1.05.020 of the Newport Beach Municipal Code is amended to read as follows:
1.05.020 Authority and Fines.
A. Any person violating any provision of the Newport Beach Municipal Code may be
issued an administrative citation by an Enforcement Officer as provided in this
Chapter. A violation of this Code includes, but is not limited to, all violations of
the Municipal Code, the Uniform Codes adopted by the City Council, the failure
to comply with any condition imposed by any entitlement, permit, agreement or
environmental document issued or approved pursuant to this Code.
B. Each and every day a violation of the Municipal Code exists constitutes a
separate and distinct offense.
C. A civil fine shall be assessed by means of an administrative citation issued by
the Enforcement Officer and shall be payable directly to the Newport Beach City
Treasurers Office.
D. Except in the case of administrative citations issued for violations of this Code in
a Safety Enhancement Zone, fines shall be assessed in the amounts specified
by resolution of the City Council, or where no amount is specified:
1. A fine not exceeding one hundred dollars ($100.00) for a first violation;
2. A fine not exceeding two hundred dollars ($200.00) for a second violation
of the same ordinance or permit within one year from the date of the first
violation;
3. A fine not exceeding five hundred dollars ($500.00) for each additional
violation of the same ordinance or permit within one year from the date of
the first violation.
rr
E. In the case of administrative citations issued for violations of this Code in a
Safety Enhancement Zone, fines shall be assessed in the amounts:
1. A fine of three hundred dollars ($300.00) for a first violation;
2. A fine of six hundred dollars ($600.00) for a second violation of the same
ordinance or permit within one year from the date of the first violation;
3. A fine not exceeding one thousand dollars ($1000.00) for each additional
violation of the same ordinance or permit within one year from the date of
the first violation.
SECTION 8.
Section 1.05.080 of the Newport Beach Municipal Code is amended to read as follows.
1.05.080 Hearing Procedure.
A. No hearing to contest an administrative citation before a hearing officer shall be
held unless and until a request for hearing form has been completed and
submitted, and, the fine has been deposited in advance.
B. A hearing before the hearing officer shall be set for a date that is not less than
fifteen (15) and not more than sixty (60) days from the date that the request for
hearing is filed in accordance with the provisions of this Chapter. The person
requesting the hearing shall be notified of the time and place set for the hearing
at least ten days prior to the date of the hearing.
C. The Enforcement Hearing Officer shall only consider evidence that is relevant to
whether the violation(s) occurred and whether the responsible person has
caused or maintained the violation(s) of the Municipal Code on the date(s)
specified in the administrative citation.
D. The responsible person contesting the administrative citation shall be given the
opportunity to testify and present witnesses and evidence concerning the
administrative citation.
E. The failure of any recipient of an administrative citation to appear at the
administrative citation hearing shall constitute a forfeiture of the fine and a failure
to exhaust their administrative remedies.
I
F. The administrative citation and any additional documents submitted by the
Enforcement Officer shall constitute prima facie evidence of the respective facts
contained in those documents.
G. If the Enforcement Officer submits an additional written report concerning the
administrative citation to the hearing officer for consideration at the hearing, then
a copy of this report also shall be served by mail on the person requesting the
hearing at least five days prior to the date of the hearing.
H. At least ten days prior to the hearing, the recipient of an administrative citation
shall be provided with copies of the citations, reports and other documents
submitted or relied upon by the Enforcement Officer. No other discovery is
permitted. Formal rules of evidence shall not apply.
The hearing officer may continue the hearing and request additional information
from the Enforcement Officer or the recipient of the administrative citation prior to
issuing a written decision. (Ord. 97 -36 § 2 (part), 1997)
SECTION 9.
Section 5.11.060 is added to Chapter 5.11 of the Newport Beach Municipal Code to
read as follows:
5.11.60 Delivery of Alcoholic Beverages in a Safety Enhancement Zone
No person shall deliver alcoholic beverages to any Alcohol Beverage Outlet as that
term is defined in Chapter 20.89 of this Code within any area and during the times
designated by the City Council as a Safety Enhancement Zone.
SECTION 10.
Section 5.95.050 of the Newport Beach Municipal Code is amended to read as follows:
A. All permits issued pursuant to this Chapter are subject to the following
standard conditions:
1. The owner shall, by written or oral agreement, limit overnight, occupancy
of the short term lodging unit to a specific number of occupants, with the
number of occupants not to exceed that permitted by the provisions of
Title 15 of the Newport Beach Municipal Code.
2. The owner shall use best efforts to insure that the occupants and /or
guests of the short term lodging unit do not create unreasonable noise or
disturbances, engage in disorderly conduct, or violate provisions of this
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Code or any State Law pertaining to noise, disorderly conduct, the
consumption of alcohol, or the use of illegal drugs.
3. The owner shall, upon notification that occupants and /or guests of his or
her short term lodging unit have created unreasonable noise or
disturbances, engaged in disorderly conduct or committed violations of
this Code or State Law pertaining to noise, disorderly conduct, the
consumption of alcohol or the use of illegal drugs, promptly use best
efforts to prevent a recurrence of such conduct by those occupants or
guests.
4. The owner of the short term lodging unit shall use best efforts to insure
compliance with all the provisions of Title 6 of the Municipal Code
(garbage, refuse and cuttings).
5. The owner of the short term lodging unit shall post a copy of the permit
and a copy of the conditions set forth in this section in a conspicuous
place within the unit.
6. With respect to any short term lodging unit that is located in any Safety
Enhancement Zone, the owner of the unit and any agent retained by the
owner shall take immediate action during the period that the Safety
Enhancement Zone is in effect to prevent occupants or guests from
engaging in disorderly conduct or committing violations of this Code or
State Law pertaining to noise, disorderly conduct, the consumption of
alcohol or the use of illegal drugs.
B. The City Manager shall have the authority to impose additional standard
conditions, applicable to all short term lodging units, as necessary to achieve the
objectives of this chapter.
C. The City Manager shall have the authority to impose additional conditions on any
permit in the event of any violation of the conditions to the permit or the
provisions of this chapter subject to compliance with the procedures specified in
Section 5.95.065.
SECTION 11.
Section 5.96.060 of the Newport Beach Municipal Code is amended to read as follows:
5.95.060 Violations /Penalties
A. Violations. Except as provided in Subsection C, the following conduct
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shall constitute a violation for which the penalties specified in subsection
(B) may be imposed, or the permit revoked:
1. The owner has failed to comply with the standard conditions specified in
Section 5.95.050(A); or
2. The owner has failed to comply with conditions imposed by the City
Manager pursuant to the provisions of Section 5.95.050(B) or (C); or
3. The owner has willfully violated the provisions of this chapter.
4. The owner has failed to pay the transient occupancy tax as required by
Chapter 3.16 of this Code.
B. Penalties. The penalties for violations specified in subsection (A) shall be as
follows:
1. For the first violation within any twelve (12) month period, the penalty shall
range from a notice of violation to a fine not to exceed two hundred and
fifty dollars ($250.00);
2. For a second violation within any twelve (12) month period, the penalty
shall range from a fine not to exceed five hundred dollars ($500.00) to
revocation of the permit;
3. For a third violation within any twelve (12) month period, the penalty shall
range from a fine not to exceed one thousand dollars ($1,000.00) to
revocation of the permit; and
4. For a fourth violation within any twelve (12) month period, the permit shall
be revoked in accordance with the provisions of Section 5.95.065.
C. In the case of a short term lodging permit for a dwelling that is located in a Safety
Enhancement Zone, the penalty for the failure to comply with any standard
condition during the period that the Safety Enhancement Zone is in effect shall be
a fine of $1000 and /or revocation of the permit for a period not less than sixty 60
days.
SECTION 12.
Section 10.58.010 of the Newport Beach Municipal Code is amended to read as
follows:
10.58.010 Findings and Purpose.
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The City Council finds and declares that:
A. The control of large parties, gatherings or events on private property is
necessary when such continued activity is determined to be a threat to the
peace, health, safety or general welfare of the public and the immediate control
of large parties, and the cessation of unruly or illegal behavior is essential to
preventing a major disturbance during the July 4`h holiday in the West Newport
Safety Enhancement Zone;
B. The City of Newport Beach is a tourist destination with numerous beach rentals;
C. This influx of tourists results in many large parties, gatherings or events;
D. Frequently, Police Officers have been required to make multiple return calls on
the same date to the location of a party, gathering or event in order to disperse
uncooperative participants;
E. Frequently, Police Officers have been required to make multiple calls to the
same location on different dates in response to repeated, large parties and
gatherings;
F. The return of Police Officers to a location constitutes a drain of manpower and
resources often leaving other areas of the City without police protection and, in
the case of West Newport Safety Enhancement Zone on July 4th the return of
Police Officers may be difficult if not impossible due to the large crowds and the
heavy workload of law enforcement personnel;
G. The above conditions create a significant hazard to the safety of the Police
Officers and to peace, health, and safety of the public in general and, in the case
of the West Newport Safety Enhancement Zone, these conditions create an
immediate potential for a major disturbance that could result in serious injury or
death to members of the public and /or law enforcement personnel.
SECTION 13.
Section 10.58.030 of the Newport Beach Municipal Code is amended to read as
follows:
10.58.030 Police Services at Large Parties, Gatherings or Events Requiring Second
or Subsequent Responses.
A. No person shall promote, host, organize or otherwise allow a large party,
gathering or event to occur on private property which is determined by a Police
13
Officer to threaten the public peace, health, safety or general welfare of the
neighborhood or surrounding community.
B. The person responsible for the large party, gathering or event will be held liable
for civil fines in amounts established by resolution of the City Council, for a
special security assignment by the police, to control the threat to the public
peace, health, safety or general welfare, at any time within any twelve -month
period after a first written warning.
C. In the case of a large party, gathering or event on private property in the West
Newport Safety Enhancement Zone during the period that the designation is in
effect, the person or persons responsible for the party, event or gathering, the
occupant or occupants of the property and the owner or owners of the property
are, jointly and severably, responsible for immediately complying with a request
from any law enforcement officer to terminate all unruly or illegal behavior on the
property and shall be responsible, in addition to other fines and penalties
provided by this Chapter, for the payment of a fine in the amount of $300.00 for
each full ten (10) minute segment that unruly or illegal conduct continues past
the time that the law enforcement officer requests termination.
The initial call, or any subsequent call, may also result in the arrest and /or citation of
violators of the State Penal Code or other local regulations
SECTION 14.
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 15.
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.
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SECTION 16.
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
MA
ATTEST:
CITY CLERK
FAusers\cat \shared \B U RNHAM \July4thOrd inance \041603final.doc
15
CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 3
April 22, 2003
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Office of the City Attorney
Robert H. Burnham, City Attorney
(949) 644 -3131
rb urn ham &city.newport- beach.ca. us
SUBJECT: Ordinance Establishing Safety Enhancement Zone in West Newport
on July 4`h and providing for increased fines and certain restrictions
ISSUE:
Should the City Council introduce on April 22, and pass to second reading and
adoption on May 13, 2003, an Ordinance that (a) establishes a Safety
Enhancement Zone in a portion of West Newport during July 40 and a portion of
July 5th and (b) amends portions Chapters 1.04, 1.05, 5.11, 5.95 and 10.58 to
increase fines and penalties for municipal code violations, prohibit the delivery of
alcohol to alcohol beverage outlets, increase the responsibilities of the owners of
short term lodgings and require immediate termination of certain activities upon
request of a peace officer in West Newport during the period the Safety
Enhancement Zone designation is effective.
RECOMMENDATION:
Introduce the proposed Ordinance on April 22, and pass to second reading and
adoption on May 13, 2003.
BACKGROUND
For more than 25 years, Newport Beach has been, especially during the July 4d'
holiday, a destination for a growing influx of visitors from all over Southern California.
As you know, West Newport is a densely populated residential area with some
commercial uses that is generally bounded by the Pacific Ocean on the south, 32nd
Street and Newport Boulevard on the east, Pacific Coast Highway on the north and the
Santa Ana River on the west. That portion of West Newport that lies east of 54th Street
has experienced some of the largest crowds during the July 4th holiday.
April 22, 2003
Page 2
The enormous crowds in West Newport during the July 4th holiday and the heavy traffic
congestion that occurs during that period, when combined with the unruly behavior of
some visitors /residents (largely attributable to the consumption of alcohol), the relatively
narrow streets, the significant number of short term lodging units and the numerous
large parties, have led to many arrests, have impaired the ability of paramedics and
ambulances to access the area in the event of a medical emergency and have created
the potential for a major disturbance.
In 2002, the City spent more than $90,000 providing the enhanced law enforcement
presence and enhanced code enforcement during the July 4th holiday in West Newport
alone. The City Council has allocated more than $150,000 in 2003 to provide enhanced
law enforcement presence in West Newport during July 4th and staff and community
representatives have devoted hundreds of hours of time to evaluate measures that will
reduce the number of arrests and the potential for a major disturbance in West Newport.
We have attached copies of staff reports from the Police Department relevant to their
activities in West Newport during prior July 4th holidays as well as recommendations
and we will present a video that clearly depicts the problems faced by law enforcement
in the past.
DISCUSSION:
The City's strategy to protect the public's health and safety in West Newport during the
July 4th holiday has, to date, been successful in preventing any major disturbance but
has not: (i) eliminated potentially dangerous situations from developing; (ii) guaranteed
that sufficient law enforcement personnel are present to respond to, and quell, a major
disturbance; or (iii) ensured that emergency medical personnel will be able to access
persons in need of medical assistance.
There is no single solution to the problems experienced in West Newport during the July
4th holiday. However, the Police Department believes that the designation of a portion
of West Newport as a Safety Enhancement Zone and the resulting increase in fines and
penalties, the prohibition against alcohol deliveries and the additional responsibilities
imposed on occupants and owners to prevent unruly behavior will, when combined with
the additional expenditure for supplemental law enforcement services, the closure of
certain streets to vehicular and /or pedestrian travel and other measures designed to
control the number and behavior of visitors, further reduce the potential for a major
disturbance and help ensure that law enforcement and emergency medical personnel
will be able to quickly and effectively respond to any emergency.
April 22, 2003
Page 3
This office has drafted an ordinance that authorizes the City Council to establish a
"Safety Enhancement Zone" and designates a portion of West Newport as a Safety
Enhancement Zone during July 4th and a portion of July 5`h. The Safety Enhancement
Zone designation results in: (a) increased fines and penalties for municipal code
violations; (b) prohibits the delivery of alcohol to alcohol beverage outlets; (c) requires
short term lodging unit owners to take immediate action to terminate unruly or illegal
behavior of occupants or face fines and /or revocation of the permit; (d) imposes a fine of
$1000 on occupants and /or owners of property for failure to comply with a request from
a law enforcement officer to terminate unruly or illegal behavior during and large party
or gathering.
This ordinance embodies recommendations from the West Newport Safety Planning
Committee, the Newport Beach Police Department and residents who responded to a
questionnaire seeking input from those most impacted during July 4t'.
Environmental Review: No environmental documentation is required.
Public Notice: None required.
Funding Availabilitv: Undetermined financial impact because staff is unable to predict
the administrative costs of implementation and the extent to which those costs will be
offset by additional revenue generated by increased fines and penalties.
Alternatives: None
Prepared by: Robert Burnham
.TURE
Burnham /City Attorney
Attachments:
Exhibit A — Proposed Ordinance
Exhibit B - Report from Chief of Police dated August 27, 2002
Exhibit C — Report from Captain Henisey dated February 3, 2003
Exhibit D — Report from Lt. Frizzell dated April 1, 2003
EXHIBIT
ORDINANCE NO. 2003-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA ESTABLISHING
SAFETY ENHANCEMENT ZONES, DESIGNATING A
PORTION OF AN AREA IN WEST NEWPORT BEACH AS A
SAFETY ENHANCEMENT ZONE DURING JULY FOURTH
AND AMENDING PROVISIONS OF CHAPTERS 1.04, 1.05,
5.11, 5.95 AND 10.58 OF THE NEWPORT BEACH
MUNICIPAL TO INCREASE FINES AND PENALTIES FOR
MUNICIPAL CODE VIOLATIONS, PROHIBIT THE
DELIVERY OF ALCOHOL TO ALCOHOL BEVERAGE
OUTLETS, INCREASE THE RESPONSIBILITIES OF THE
OWNERS OF SHORT TERM LODGINGS AND REQUIRE
IMMEDIATE TERMINATION OF CERTAIN ACTIVITIES
UPON REQUEST OF A PEACE OFFICER IN AN AREA
DESIGNATED AS A SAFETY ENHANCEMENT ZONE AND
FOR THE TIME THE DESIGNATION IS EFFECTIVE.
SECTION 1. LEGISLATIVE FINDINGS
The City Council, in adopting Ordinance No. _ makes the following findings
based, in part, on the reports presented and the testimony provided during the
meetings on April 22, 2003 and May 13, 2002.
A. For more than 25 years, Newport Beach has been, especially during
the July 4' holiday, a destination for a growing influx of visitors from
all over Southern California.
B. West Newport is a densely populated residential area with some
commercial uses that is generally bounded by the Pacific Ocean on
the south, 32nd Street and Newport Boulevard on the east, Pacific
Coast Highway on the north and the Santa Ana River on the west.
C. That portion of West Newport that lies east of 54"' Street has
experienced some of the largest crowds during the July 4'" holiday.
D. The enormous crowds in West Newport during the July 4"' holiday and
the heavy traffic congestion that occurs during that period, when
combined with the unruly behavior of some visitors /residents that is
partly attributable to the consumption of alcohol, the relatively narrow
streets, the significant number of short term lodging units and the
numerous large parties, have led to many arrests, have impaired the
ability of paramedics and ambulances to access the area in the event
of a medical emergency and have created the potential for a major
disturbance.
E. West Newport is the site of numerous large parties and gatherings on
private property during the July Wh holiday and the interaction
between partygoers and other visitors has been the catalyst for
frequent physical altercations that created the potential for a major
disturbance and/or the need for emergency medical assistance.
F. In West Newport on July Wh in 2002, the Newport Beach Police
Department made more than 160 arrests, issued more than 1300
citations and served more than 30 "disturbance advisement cards"
(pursuant to Chapter 10.58) for violations of various state laws and
municipal ordinances.
G. In West Newport on July 4 "' in 2002, the Newport Beach Fire & Marine
Department responded to numerous calls for medical aid including
many calls that were generated by individuals who have been involved
in altercations and who had sustained relatively serious injuries.
H. To protect the safety of West Newport residents and visitors during
the July 4th holiday, the City has assigned in excess of 150 Newport
Beach Police Department employees to the area, contracted with other
law enforcement agencies for more than 50 additional personnel to
assist Newport Beach Police Officers, temporarily closed certain
streets to vehicular and/or pedestrian traffic and increased
enforcement of certain provisions of the Building Code and Fire Code
designed to protect public safety such as the prohibition against
overcrowding.
I. In 2002, the City spent more than $90,000 providing the enhanced law
enforcement presence and enhanced code enforcement during the
July Wh holiday in West Newport alone.
J. In 2003 the City has allocated more than $150,000 to provide enhanced
law enforcement presence in West Newport and devoted hundreds of
hours of staff time to work with the community to evaluate and
implement ways to reduce the number of arrests and the potential for
a major disturbance in West Newport.
K. The City's strategy to protect the public's health and safety in West
Newport during the July a holiday has, to date, been successful in
PA
preventing any major disturbance but has not: (1) eliminated
potentially dangerous situations from developing; (ii) guaranteed that
sufficient law enforcement personnel are present to respond to, and
quell, a major disturbance; or (iii) ensured that emergency medical
personnel will be able to access persons in need of medical
assistance.
L. While there is no single solution to the problems experienced in West
Newport during the July 4t'' holiday, the designation of a portion of
West Newport as a Safety Enhancement Zone and the resulting
increase in fines and penalties, the prohibition against alcohol
deliveries and the additional responsibilities imposed on occupants
and owners to prevent unruly behavior that flow from that designation
when combined with the additional expenditure for supplemental law
enforcement services, the closure of certain streets to vehicular
and/or pedestrian travel and other measures designed to control the
number and behavior of visitors, will further reduce the potential for a
major disturbance and help ensure that law enforcement and
emergency medical personnel will be able to quickly and effectively
respond to any emergency.
M. The increased penalties for administrative and criminal citations and
the signs advising of the increased fines and penalties will reduce the
amount of criminal activity in West Newport during the July 4' holiday
and reduce the potential for a major disturbance by providing law and
code enforcement officers with additional tools to obtain prompt
compliance with all applicable statutes and ordinances.
N. The temporary prohibition against the delivery of alcohol within a
Safety Enhancement Zone combined with pending prohibitions
against the exterior storage and/or sale of alcohol will reduce the
potential for the excessive consumption of alcohol and a major
disturbance.
O. Enhanced enforcement of the provisions of Chapter 10.58 will enable
law enforcement personnel to reduce the potential for the potentially
violent interaction between persons attending parties and gatherings
on private property and persons who are on adjacent public property.
P. The potential for revocation of a short term lodging permit for any
material violation of Chapter 5.95 will help ensure that owners and
occupants of "weekly rentals" in West Newport do not contribute to
the problems experienced by law and code enforcement personnel on
July 4t'.
3
Q. Newport Beach is a charter city with the authority to adopt ordinances
and resolutions governing matters pertaining to municipal affairs and
the provisions of this Ordinance are designed to protect the health
safety and welfare of the residents of, and visitors to, Newport Beach
by enhancing the penalties for the violation of municipal ordinances to
minimize the potential for a major disturbance and ensure appropriate
responses to requests for emergency medical assistance.
NOW THEREFORE, In consideration of the findings made in SECTION 1, the City
Council of the City of Newport Beach ORDAINS as follows:
SECTION 2.
The table of contents of Chapter 1.04 of the Newport Beach Municipal Code is amended
to read as follows:
CHAPTER 1.04
CODE ENFORCEMENT PENALT- Y- PROVISIGNS
Sections:
1.04.010
Violations, Penalties and Enforcement.
1.04.020
Public Nuisances.
1.04.040
Violation of Administrative Provisions.
1.04.050
Parking Violation - Infraction.
1.04.060
Safeey Enhancement Zone
SECTION 3.
Section 1.04.010 of the Newport Beach Municipal Code is amended to read as follows:
1.04.010 Violations, Penalties and Enforcement.
0110"t Illy I
I.- . . •• • • • • . • •.. • . �. • •- u
A. Infraction. Any person violating any of the provisions or failing to comply
with any of the mandatory requirements of this Code may be prosecuted for an
infraction. Written citations for infractions may be issued by police officers or nonsafety
employees designated iLL Section 1.12.020. E.xce
as orovided in Subsection B. aAny person convicted of an infraction under the
provisions of this Code shall be punishable either by fines as is specified in the currently
adopted Uniform Infraction Bail Schedule used by the Orange County Municipal Courts,
or where no fine is specified therein by:
1. A fine not exceeding one hundred dollars ($100.00) for a first violation;
2. A fine not exceeding two hundred dollars ($200.00) for a second violation
of the same ordinance within one year;
3. A fine not exceeding five hundred dollars ($500.00) for each additional
violation of the same ordinance within one year.
C. Misdemeanor. Any person violating any of the provisions or failing to
comply with any of the mandatory requirements of this Code may be prosecuted for a
misdemeanor. Written citations for misdemeanors may be issued by police officers or
by nonsafety employees designated by Newport Beach Municipal Code Section
1.12.020. Any person convicted of a misdemeanor under the provisions of this Code
shall be punished by a fine not exceeding one thousand dollars ($1,000) or
imprisonment for a term not exceeding six months, or by both such fine and
imprisonment.
D. Civil Action. The City Attorney, by and at the request of the City Council,
may institute an action in any court of competent jurisdiction to restrain, enjoin or abate
the condition(s) found to be in violation of the provisions of this Code, as provided by
law.
E. Administrative Citation. Upon a finding by the city official vested with the
authority to enforce the various provisions of this Code that a violation exists, he or she
may issue an administrative citation under the provisions of Chapter 1.05.
SECTION 4.
Section 1.04.060 of Chapter 1.04 is added to the Newport Beach Municipal Code to read
as follows:
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SECTION 5.
Section 1.05.005 of the Newport Beach Municipal Code is amended to read as follows:
Section 1.05.005 Legislative Findings and Statement of Purpose
A. The City Council hefeby -finds that there is a need for an alternative method of
enforcement for various miner- violations of the Municipal Code. -amble
State Godes -The City Council also €u4heFfinds that an appropriate method for
of- enforcement of feF vadous— minor— violations is an Administrative Citation
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SECTION 5.
Section 1.05.005 of the Newport Beach Municipal Code is amended to read as follows:
Section 1.05.005 Legislative Findings and Statement of Purpose
A. The City Council hefeby -finds that there is a need for an alternative method of
enforcement for various miner- violations of the Municipal Code. -amble
State Godes -The City Council also €u4heFfinds that an appropriate method for
of- enforcement of feF vadous— minor— violations is an Administrative Citation
Program
Rte. r
B. The procedures established in this -Cehapter are shaWbe -in addition to criminal,
civil or any -other legal remedies that may be available to the City to enforce y
establish ay be par� ed to address- violations of the Municipal
Code or applicable State Codes.
C. G The City Council hereby -finds and determines that enforcement of the
myisloas -of the_Newport Beach Municipal Cod eand_-,other -erdinanees adopted
by the City, conditions on entitlements oU?e[mits
Sity agreements -are municipal affairs as well as matters of pu�local concern
t9 the citizens of Newoort Beach.
D The�iiv Council find that_ the __adoption— and_impl.ementafion oL Rnd- se,=oe
To promote and protect the public health, safety and welfare of the
citizens of the City of Newport Beach;
2. To help ensure gaiA- compliance with the Municipal Code and State
Codes, ordinances and regulations in a timely and efficient manner;
3. To provide for an administrative process to appeal the imposition of
administrative citations and fines that will fully comport with du�p19
and provide thos i e th ILe right to a fair hea i
tegal_co_un a ;
4. To provide a method to hold parties responsible when they fail or refuse to
comply with the provisions of the Municipal Code, ordinances,
agreements or terms and conditions on entitlements in the City of Newport
Beach;
E-9--Use of this chapter shall be at the sole discretion of the City.
SECTION 6.
Section 1.05.010 of the Newport Beach Municipal Code is amended to read as follows:
1.05.020. Definitions
"Enforcement officer' means any officer or employee with the authority to enforce the
Newport Beach Municipal Code, or applicable State Godes as provided in Chapter
1.12.
"Responsible person" means any individual who is the owner or occupant of real
property, owner or authorized agent of any business, company, or entity, or the parent
or the legal guardian of any person under the age of eighteen (18) years, who violates
eauses -or maintains a violation of the Newport Beach Municipal Code -e�applieable
State -cede.
SECTION 7.
Section 1.05.020 of the Newport Beach Municipal Code is amended to read as follows:
1.05.020 Authority=gmd-Ekn-es.
A. Any person violating any provision of the Newport Beach Municipal Code Of
e-may be issued an administrative citation by an Enforcement
Officer as provided in this Chapter. A violation of this Cooe includes, but is not limited
to, all violations of the Municipal Code, the Uniform Codes adopted by the City Council,
the failure ing—to comply with any condition imposed by any entitlement, permit,
agreement or environmental document issued or approved purw- ant_to —aflQef be
prevlsiens of-this Code.
B. Each and every day a violation of the Municipal Code er-apprieable- State -6ede
exists constitutes a separate and distinct offense.
C. A civil fine shall be assessed by means of an administrative citation issued by
the Enforcement Officer and shall be payable directly to the Newport Beach City
Treasurer's Office.
D. Except in the case of administrative citations issued for violations of this Code in
a—Safgjy== hancement Zone fFines shall be assessed in the amounts specified
by resolution of the City Council, or where no amount is specified:
0
1. A fine not exceeding one hundred dollars ($100.00) for a first violation;
2. A fine not exceeding two hundred dollars ($200.00) for a second violation
of the same ordinance or permit within one year from the date of the first
violation;
3. A fine not exceeding five hundred dollars ($500.00) for each additional
violation of the same ordinance or permit within one year from the date of
the first violation.
E„ In th_e_case of asiministrative citatLons iesued f rcLV-i�laliolls---oLthis Lod �a
SafelyEnha_n_eement Zone, fines shall be assessed in the amounts:
1, A_fine of three liund ed_doLlars-L$aOQ.9Q1Jor a first violation•
• • 1 9 we ri-To we of I 'x.11 11 • - •16 • , • • 1
• I I A rvl A LOJAP1111111 VLRU 1 U ILT11 q 1 I I l W91WWARr IOU M M I [Rq 1- •. WqLUW I LUUMUSTE 01 ry 111 •
0.. A_fineooAexceeding one- ftusand_(Lollars ($1QOQ0G) fo.Leach additional
violation of the same ordinance or permit within one v -eaLfrom the date of
the first violation.
SECTION 8.
Section 1.05.080 of the Newport Beach Municipal Code is amended to read as follows.
1.05.080 Hearing Procedure.
A. No hearing to contest an administrative citation before a hearing officer shall be
held unless and until a request for hearing form has been completed and
submitted, and, the fine has been deposited in advance.
B. A hearing before the hearing officer shall be set for a date that is not less than
fifteen (15) and not more than sixty (60) days from the date that the request for
hearing is filed in accordance with the provisions of this Chapter. The person
requesting the hearing shall be notified of the time and place set for the hearing
at least ten days prior to the date of the hearing.
C. The Enforcement Hearing Officer shall only consider evidence that is relevant to
whether the violation(s) occurred and whether the responsible person has
caused or maintained the violation(s) of the Municipal Code er-ether- applieable
State- Gede -on the date(s) specified in the administrative citation.
9
D. The responsible person contesting the administrative citation shall be given the
opportunity to testify and present witnesses and evidence concerning the
administrative citation.
E. The failure of any recipient of an administrative citation to appear at the
administrative citation hearing shall constitute a forfeiture of the fine and a failure
to exhaust their administrative remedies.
F. The administrative citation and any additional documents submitted by the
Enforcement Officer shall constitute prima faciea evidence of the respective facts
contained in those documents.
G. If the Enforcement Officer submits an additional written report concerning the
administrative citation to the hearing officer for consideration at the hearing, then
a copy of this report also shall be served by mail on the person requesting the
hearing at least five days prior to the date of the hearing.
H. At least ten days prior to the hearing, the recipient of an administrative citation
shall be provided with copies of the citations, reports and other documents
submitted or relied upon by the Enforcement Officer. No other discovery is
permitted. Formal rules of evidence shall not apply.
The hearing officer may continue the hearing and request additional information
from the Enforcement Officer or the recipient of the administrative citation prior to
issuing a written decision. (Ord. 97 -36 § 2 (part), 1997)
SECTION 9.
Section 5.11.060 is added to Chapter 5.11 of the Newport Beach Municipal Code to
read as follows:
5 �1 fzQ Delivery ofAlco-boIic Beveragus in_a Saf ety Enha�ement Zs�e
SECTION 10.
Section 5.95.050 of the Newport Beach Municipal Code-is amended to read as follows:
A. All permits issued pursuant to this Chapter are subject to the following
standard conditions:
ii
1. The owner shall, by written or oral agreement, limit overnight, occupancy
of the short term lodging unit to a specific number of occupants, with the
number of occupants not to exceed that permitted by the provisions of
Title 15 of the Newport Beach Municipal Code.
2. The owner shall use best efforts to insure that the occupants and /or
guests of the short term lodging unit do not create unreasonable noise or
disturbances, engage in disorderly conduct, or violate provisions of this
Code or any State Law pertaining to noise, disorderly conduct, the
consumption of alcohol, or the use of illegal drugs.
3. The owner shall, upon notification that occupants and /or guests of his or
her short term lodging unit have created unreasonable noise or
disturbances, engaged in disorderly conduct or committed violations of
this Code or State Law pertaining to noise, disorderly conduct, the
consumption of alcohol or the use of illegal drugs, promptly use best
efforts to prevent a recurrence of such conduct by those occupants or
guests.
4. The owner of the short term lodging unit shall use best efforts to insure
compliance with all the provisions of Title 6 of the Municipal Code
(garbage, refuse and cuttings).
5. The owner of the short term lodging unit shall post a copy of the permit
and a copy of the conditions set forth in this section in a conspicuous
place within the unit.
-K•,• •• • • • •- ••• • •p•Iwo • • •• • W • R MR
B. The City Manager shall have the authority to impose additional standard
conditions, applicable to all short term lodging units, as necessary to achieve the
objectives of this chapter.
C. The City Manager shall have the authority to impose additional conditions on any
permit in the event of any violation of the conditions to the permit or the
provisions of this chapter subject to compliance with the procedures specified in
Section 5.95.065.
11
SECTION 12.
Section 5.96.065 of the Newport Beach Municipal Code-is amended to read as follows:
5.95.060 Violations /Penalties
A. Violations. _Except as provided in Subsection C tThe following conduct
shall constitute a violation for which the penalties specified in subsection
(B) may be imposed, or the permit revoked:
1. The owner has failed to comply with the standard conditions specified in
Section 5.95.050(A); or
2. The owner has failed to comply with conditions imposed by the City
Manager pursuant to the provisions of Section 5.95.050(B) or (C); or
3. The owner has willfully violated the provisions of this chapter.
4. The owner has failed to pay the transient occupancy tax as required by
Chapter 3.16 of this Code.
B. Penalties. The penalties for violations specified in subsection (A) shall be as
follows:
C.
1. For the first violation within any twelve (12) month period, the penalty shall
range from a notice of violation to a fine not to exceed two hundred and
fifty dollars ($250.00);
2. For a second violation within any twelve (12) month period, the penalty
shall range from a fine not to exceed five hundred dollars ($500.00) to
revocation of the permit;
3. For a third violation within any twelve (12) month period, the penalty shall
range from a fine not to exceed one thousand dollars ($1,000.00) to
revocation of the permit; and
4. For a fourth violation within any twelve (12) month period, the permit shall
be revoked in accordance with the provisions of Section 5.95.065.
12
SECTION 13.
Section 10.58.010 of the Newport Beach Municipal Code is amended to read as
follows:
10.50.010 Findings and Purpose.
The City Council finds and declares that:
A. The control of large parties, gatherings or events on private property is
necessary when such continued activity is determined to be a threat to the
peace, health, safety or general welfare of the public and the immediate control
Safety_Enbancement_Dwe;
B. The City of Newport Beach is a tourist destination with numerous beach rentals;
C. This influx of tourists results in many large parties, gatherings or events;
D. Frequently, Police Officers have been required to make multiple return calls on
the same date to the location of a party, gathering or event in order to disperse
uncooperative participants;
E. Frequently, Police Officers have been required to make multiple calls to the
same location on different dates in response to repeated, large parties and
gatherings;
F. The return of Police Officers to a location constitutes a drain of manpower and
resources often leaving other areas of the City without police protection ndt
tbs cap -of West_NewpQrk Ssaiety Enhancem_en_f_Zone_on_Juty 4" tljs�e ur
Police Officers may be difficult eLnol in si n
heavy_vvload of law enforcement personnel;
G. The above conditions create a significant hazard to the safety of the Police
Officers and to peace, health, and safety of the public in general and. in the case
Qf the West Newport Safety Enhancement Zone these conditions create-an
immediate potential for a ma' r i turtzance that could result in sed-o s ini ryes
death_to_ - mnbecs of th Bbl' - dbL[aw-enf r meoinersonnel.
13
SECTION 14.
Section 10.58.030 of the Newport Beach Municipal Code is amended to read as
follows:
10.58.030 Police Services at Large Parties, Gatherings or Events Requiring Second
or Subsequent Responses.
A. No person shall promote, host, organize or otherwise allow a large party,
gathering or event to occur on private property which is determined by a Police
Officer to threaten the public peace, health, safety or general welfare of the
neighborhood or surrounding community.
B. The person responsible for the large party, gathering or event will be held liable
for civil fines in amounts established by resolution of the City Council, for a
special security assignment by the police, to control the threat to the public
peace, health, safety or general welfare, at any time within any twelve -month
period after a first written warning.
effe.cl.Ae oe-rsor- or_peiaoo.a== �sib-l-e-fQr the -pa:tL=gKe�t_r gath_ _er�7q the
ooant or occupants of the property and the owner or owners of the prop
arejointly and se- erably oonsible for immediately complying with a request
from nv�w enforcement officer to tsrminate�ll unruly or illeaaLtehav_ior on--UlEt
pr_oRert raid--s_hall._be—res oasibl i rLadditl_on other fines aod_peaa&es
proyicled bar this Chan�er•�r the �yment gf a fne�n the amount of $1000.QQ fo[
The initial call, or any subsequent call, may also result in the arrest and /or citation of
violators of the State Penal Code or other local regulations
SECTION 15. Severability
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.
14
SECTION 16.
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 17: 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
MAYOR
ATTEST:
CITY CLERK
F: \users\ cat \sha red \BURN HAM \J u ly4th Ordinance \041603fi na Ipen d i ng. d oc
15
EXHIBIT
"B"
August 27, 2002
Study Session Agenda Item No.
CITY OF NEWPORT BEACH
Police Department
August 27, 2002
To: Honorable Mayor, Members of the City Council and City Manager
From: Bob McDonell, Chief of Police
Subject: Analysis of Police Operations —July 4, 2002.
Recommendation
Review the contents of this report and a short videotape recapping the day's events
(which will be presented at the Study Session), and provide staff direction on those areas
of focus (if any) Council would like brought back for possible implementation prior to
July 4, 2003.
Overview Of Police Activities
Every year since the late 1970's, the Newport Beach Police Department has deployed
virtually all of its resources in dealing with the crowd and traffic control problems
associated with the July 4h holiday. This year was no exception. While normal police
services were provided to the rest of the City, a large number of uniformed officers,
reinforced by personnel of the California Highway Patrol, Orange County Sheriffs
Department, and the Costa Mesa Police Department were deployed to potential problem
areas.
The main objective of our deployment plan is to create a strong presence of uniformed
officers in potential problem areas, with an emphasis on high visibility and deterrence.
The principal elements of this uniform presence are "tactical" and "footbeat" teams, each
consisting of one sergeant and three officers. Tactical teams are mobile and capable of
being assigned to any area where a problem may be developing. Footbeat teams are
assigned to a relatively small, pre - designated area, sometimes a single street, and tasked
with maintaining order in that area. These teams are augmented by beat officers, bicycle
officers, motorcycle officers, transportation officers, helicopter crews, and a variety of
non -sworn support personnel.
Analysis of Police Operations — July 4, 2002
Page 2 of 7
Experience has taught us that large numbers of people are drawn to the West Newport
area on the Fourth of July. This fact of life has existed for many years and has remained
a reliable assumption in the development of our deployment strategy. The inescapable
reality is that the West Newport area will be inundated with holiday visitors regardless of
what the City may or may not employ. The best the City can do in this type of situation
is implement reasonable measures that maximize public safety.
The system of street closures and restricted access to the West Newport area that was
implemented this year has been employed for several years and has worked reasonably
well. Our existing plan allows us to restrict our most serious crowd problems to a
relatively well - defined area. It minimizes hazards to pedestrians that result from vehicles
moving through an area heavily congested by people on foot and/or bicycles. It has
allowed us to rapidly deploy police personnel to deal with developing problems.
Regrettably, these benefits do not come without sacrifice. The residents of the West
Newport area must endure City- imRosed street closures and interference with access to
their homes from noon on July 4` until after midnight. Some residents of the area
stridently object to these restrictions while other residents accept the best of a bad
situation.
While the existing plan may not qualify as a perfect solution, I think it is important to
keep in mind this basic fact: there were large crowds in West Newport before we started
closing streets. Some residents seem to have come to the conclusion that the crowds are
there because of the street closure. Imperfect though it may be, the existing plan has
been a relativity effective means of preventing riotous behavior and ensuring public
safety.
Nevertheless, it is important to remain open to new and potentially better approaches. In
an effort to address the concerns of the West Newport residents, we will continue to
critically examine our existing plan and explore alternatives. This issue is further
addressed in the "Planning For Next Year" section of this report.
In general, field activity this year was similar to last year. No major incidents occurred,
but there was certainly potential for one. As in years past, we were able to deploy
numerous officers to critical situations before the crowds got out of control. In the
"Enforcement Summary" section of this report, I describe several critical situations that
occurred, including one that almost became the flash point for an out of control crowd.
Any one of these incidents could have erupted into violence and changed the events of
the day. I believe our increased deployment is our best method to prevent any violent
eruption and prevent the riotous situation West Newport has experienced in the past.
Analysis of Police Operations — July 4, 2002
Page 3 of 7
Enforcement Summary
Beginning in 1998, we established a uniform deployment period for the purpose of
capturing enforcement data from one year to the next. This time frame commences at 4
p.m. on July 3`d and concludes at 6 a.m. on July 5`h. Historically, most of our July 4d'
problems occur during this time period regardless of what day of the week July 4`h falls.
Along with the enforcement statistics for this year, I have included 2001, 2000, and 1999
information for comparison purposes.
ARRESTS
Felony
Misdemeanor
2002
14
148
2001
17
176
2000
19
137
1999
15
169
TOTAL
162
193
156
184
CITATIONS
B &P*
110
92
80
86
H &S*
11
5
1
9
Muni Code
341
366
344
356
Vehicle Code
171
178
169
139
Misc
0
1
9
13
Parking
711
667
753
814
TOTAL
1344
1309
1356
1417
Disturbance 35 42 33 51
Advisements
The 35 Disturbance Advisement Cards that were issued initiated fines that totaled $6,450
for the violators.
* Note
e B &P refers to the California Business and Professions Code. Almost all citations
issued pursuant to this code relate to minors in possession of alcohol or false
identification documents.
o H &S refers to the California Health and Safety Code. Most citations issued
pursuant to this code relate to possession of marijuana.
Looking past the statistical information, here are some of the situations with which the
Police Department dealt. There were several critical situations that had the potential to
get out of control, were it not for our ability to quickly deploy numerous police officers to
the scene. In one case, officers intervened in a fight between three people that attracted a
large crowd. When the crowd became hostile, we had to respond with more than 30
Analysis of Police Operations — July 4, 2002
Page 4 of 7
officers to deal with the crowd that quickly grew to over 300 people. One person was
arrested for attempting to incite the crowd to take action against the police officers. A
second incident involved officers from the California Highway Patrol making an arrest
and being surrounded by the crowd. Numerous officers again had to be sent to the area to
protect the officers and disperse the crowd.
We responded to 13 incidents of assaultive behavior where arrests were made or we
initiated criminal investigations. They included fighting in public, assaults on police
officers, domestic violence, and assaults with serious injuries. In one incident, a resident
was assaulted when he tried to stop several people from urinating on his patio. Several
victims of these assaults required medical attention or hospitalization. One victim
required 18 stitches in his head, one victim was admitted to the hospital, and another
victim was treated for six broken teeth and a broken nose after being kicked in the face
by several suspects. The most serious incident that did not result in any serious injury
occurred when a resident came out of his house with a gun after several bottle rockets
were shot onto his patio. An altercation erupted between the resident and subjects he felt
were responsible for the bottle rockets. During that altercation, the gun was fired but
fortunately nobody was hit.
Officers arrested 14 subjects who resisted arrest or interfered with an arrest, including a
subject who pushed past officers in his attempt to prevent his brother from being arrested.
In the Newport Pier parking lot, officers saw a subject exit his car holding a loaded
handgun. He was quickly confronted by the officers and arrested. We still don't know
what his intentions were had the officers not been there, but this is the same parking lot
that was the scene of a shooting on July 4`h in the early nineties. On Balboa Blvd.,
officers arrested a subject who was selling cocaine, ecstasy, and marijuana to people in
the crowd.
Investigations that continued past the July 4`h weekend are three separate rape
investigations where the women, ages 16 to 28, reported being raped while attending
parties. These are unrelated to the gang rape that has been reported in the newspapers. In
addition, there were 14 reported bike thefts and 11 thefts from vehicles that will require
additional investigation by our Detectives. Many of the arrests that were made have been
assigned to a detective to prepare the cases for criminal prosecution, including additional
investigation requested by the District Attorney's office.
Traffic Management
In past years, we have closed the eastbound lanes of Balboa Blvd. between Pacific Coast
Highway and 32nd street to vehicular traffic at noon. This year that closure and the
installation of the fences on Seashore was delayed to experiment with the effect it had on
the crowd issues on Balboa Blvd. It was hoped that keeping the street open to vehicular
traffic would keep the pedestrians out of the roadway; however, the crowds that normally
would have been on Balboa moved to Seashore, resulting in pedestrian congestion that
Analysis of Police Operations — July 4, 2002
Page 5 of 7
affected vehicles attempting to drive onto Seashore. Historically it was this type of
pedestrian, bicycle, and vehicle congestion in a narrow confined area that was one of the
key elements in past riotous situations on Seashore. At 1:40 p.m., the decision was made
to initiate the road closure to move the crowd off of Seashore and onto Balboa Blvd.
This allowed us to better monitor the crowd, efficiently move officers to critical
incidents, and separate the pedestrians from the vehicles, reducing the potential for a
vehicle versus pedestrian/bicycle accident. Once the road closure was completed, the
situation was similar to last year.
Traffic westbound on Balboa Blvd near the road closure area has traditionally been very
congested with vehicles and pedestrians leaving Newport. Significant improvement was
made this year with the assistance of Cal Trans personnel, who monitored the traffic
signal phasing at Balboa and Pacific Coast Hwy., changing the phasing when necessary
to keep traffic moving. Additionally, vehicles were not allowed to turn eastbound (right)
on Pacific Coast Hwy from Balboa. Allowing that turn last year added to the congestion
due to the conflict with pedestrians in the crosswalk. Both changes aided in the flow of
vehicles out of the West Newport area.
Our traffic control and enforcement efforts were supported again this year by a
contingent of traffic officers of the California Highway Patrol. This contingent was
divided into two groups: motorcycle officers for enforcement of traffic laws, and CHP
officers on foot assigned to man barricades and checkpoints.
Department Support Activities
A Command Post and field booking facility were established in the rear parking lot of the
City Hall complex. This arrangement has worked successfully since first implemented in
1977. In addition to serving as an initial receiving point for arrestees, the Command Post
houses field communications personnel and equipment, allowing for more efficient
coordination of activities. The Command Post also serves as a staging area for personnel,
a storage point for supplies and equipment, as well as a location where City officials may
gather for situation briefings.
The field booking facility was staffed by NBPD personnel (largely reserve officers and
Support Services Division personnel), supported by deputies of the Orange County
Sheriffs Department. Other NBPD reserve officers and deputies manned transportation
units, whose main purpose was to transport arrestees from the point of arrest to the
Command Post for booking, then to the Police Facility.
Supplemental Law Enforcement And Salary Costs
Supplemental Law Enforcement was provided by three different agencies. The
California Highway Patrol provided 30 officers who were assigned to traffic control
Analysis of Police Operations — July 4, 2002
Page 6 of 7
enforcement with an estimated cost of $23,345. The Orange County Sheriffs
Department provided 19 deputies who were assigned transportation duties to the
Command Post and/or NBPD Jail, as well as searchingibooking duties at the Command
Post. The cost for their services was $19,685. This year we added four Costa Mesa
motorcycle officers who assisted in general enforcement with a cost of $3,685.
Per the Memorandum of Understanding with our employee associations, personnel
receive "premium pay" for working on July 4`h. The premium pay, along with additional
overtime pay for employees working longer than their assigned shifts, totaled $43,928 of
additional salary cost. Employees also took 260 hours of compensatory time in lieu of
overtime pay.
2000
2002
2001
OC Sheriff
$19685
$15,343
CHP
$23,345
$23,465
CMPD
$3,685
NA
NBPD
$43,928
$56,210
Overtime &
Premium Pay
2000
1999
$9,953
$10,116,
$23,061
$22,593
NA
NA
$46,908
$44,849
Total $90,643 $95,018 $79,922 $77,558
The overall cost to have the majority of Police Department personnel assigned to work on
July 4`h is significant. When that amount is added to the other supplemental law
enforcement costs, we have a better understanding of the total budgetary impact the July
4`h holiday has on the City, in return for ensuring our law enforcement presence on that
day.
Planning For Next Year
Planning for the deployment of Police Department personnel on July 4, 2003, has already
begun in the form of critiques of this year's operation prepared by key personnel. These
critiques will form the basis of future staff discussions to explore and implement
improvements.
The involvement of the West Newport Association in the July 4`h planning process was
very helpful from our standpoint, and I am certain residents of the area most affected by
the holiday activities appreciate having their voices heard. I am aware of the perception
by some in the West Newport community that the Police Department approach,
particularly the barricading of streets, contributes to the influx of crowds on the holiday.
We will continue to explore alternatives to the , barricade plan, and will consider
implementation of a different approach if it appears promising.
Analysis of Police Operations — July 4, 2002
Page 7 of 7
Conclusion
Although I have very serious concerns about the potential that exists for severe
consequences as a result of the excessive alcohol consumption and resulting behavior of
the July 4`h crowd, I am satisfied with the results of this year's operation by the
Department. Unfortunately, until there is a significant change in the character of the
neighborhoods in the peninsula area that are primarily "summer rentals ", which attract
the large influx of visitors over that particular holiday, our problems will not diminish.
As in past years, I believe our employees performed in an exemplary manner and
significantly contributed to a safe and peaceful holiday. I am also grateful for the
cooperation of other City departments whose employees made valuable contributions to
our efforts. The support received from the Orange County Sheriffs Department, the
California Highway Patrol, Cal Trans, and the Costa Mesa Police Department was much
appreciated as well.
In conclusion, under the circumstances, I believe we did the best job possible this year in
helping our Community enjoy the July 4`h holiday in a safe and lawful manner. In
preparing for the future, we will take our past experience, apply the lessons learned this
year, maintain an open mind, and continue to refine our approach to confronting this
ongoing challenge.
Respectfully Submitted,
Bob McDonell
CHIEF OF POLICE
i
6LC77
CITY OF NEWPORT BEACH
POLICE DEPARTMENT
February 3, 2003
TO: Bob McDonell, Chief of Police
FROM: Paul Henisey, Patrol/Traffic Division Commander
SUBJECT: July 4`h Recommendations to the West Newport Safety Planning
Committee
Recommendation:
It is recommended the West Newport Safety Planning Committee consider the following
additional measures in an effort to address the significant problems and concerns for
July 4, 2003:
1. Authorize the hiring on an overtime basis of 13 Sergeants and 39 Police
Officers from Orange County police agencies to augment existing police
resources. Estimated cost is about $38,000.
2. Authorize the hiring on an overtime basis of eight Motor Officers from Orange
County police agencies to support enforcement efforts and traffic control.
Estimated cost is about $5,500.
1 Approve the hiring of seven additional Orange County Sheriff Deputies and
seven transportation vans to increase transport capabilities. Estimated cost
is about $7,000.
4. Consider the hiring of eight additional Orange County Sheriff Deputies to
assist at the Command Post booking facility to accommodate the anticipated
increase in the number of arrests. Estimated cost is about $5,400.
5. Permit the renting of 12 portable generators and telescoping floodlight
fixtures to improve lighting in the impact area. Estimated cost is about
$2,400.
6. Sanction the renting of four additional portable restroom facilities for
placement in impact area. Appropriate trash receptacles would be placed
throughout the impact zone. Estimated cost is about $1,000.
7. Authorize the purchase of additional supplies, equipment and food to provide
for the support needs of the above additional personnel. Estimated cost is
about $5,000.
The total estimated cost for all of these proposed enhancements to existing Police
Department deployment is approximately $64,300.
July 4, 2003 Recommendations
Page 2
Analysis:
Following the first two meetings of the West Newport Safety Planning Committee and
considerable discussion and planning at the Police Department, the above list of
recommendations was compiled and submitted for consideration to the committee. It is
acknowledged there are significant problems that must be addressed in the West
Newport area on July 4th. The Police Department fully deploys all of its personnel and
equipment on this particular day. In addition, Orange County Sheriff and California
Highway personnel have been hired to supplement Newport Beach personnel over the
past 15 years. However, it is apparent additional efforts must be made to reduce the
number of problems that occur and the potential for serious injury and /or property
damage. The above recommendations would be in addition to the existing deployment
measures already included in the Police Department's Fiscal Year 2003/04 proposed
budget.
The additional 52 sworn personnel_ to be hired from other police agencies would
supplement NBPD, OCSO, and CHP personnel in the impact zone. These additional
personnel would provide one Footbeat Team for every 100 -block street from 32 "d Street
to 46th Street. Four Footbeat Teams would be assigned to River Avenue and Neptune
Avenue between 47th Street and 54th Street. Two teams would be assigned to the
Triangle Lot. In order to maintain effective communication and understanding of the
mission, it would be necessary to intermix NBPD personnel and outside agency
personnel on each team. The eight additional motor officers would be assigned to work
enforcement in and around the impact zone with four of the officers detailed to work the
intersection of SR -1 and Balboa Avenue to assist in traffic flow later in the evening.
The seven additional OCSO deputies and vans would allow the establishment of a
fourth transportation collection site and provide for three vans per site. This will
expedite the continuous transportation capability and allow for greater flexibility in the
transportation of juvenile offenders. The eight additional deputies would augment the
current deployment of personnel at the Command Post booking facility. This would
enhance the processing and handling of prisoners. One of the vans would be added to
the two currently used to transport prisoners from the Command Post to the Police
Department Jail.
The portable generator and lights would be placed in the center divider of Balboa
Avenue and used to brightly light Balboa and every other 100 -block street between 35th
Street and 47th Street. Four of the portable lights would be placed in the Neptune and
River area near 4eh Street and 5151 Street. It is proposed additional portable toilets are
to be placed at accessible locations in the impact zone. Suitable trash receptacles will
be placed at various locations throughout the impact zone to encourage proper disposal
of litter.
Finally, it is recommended the committee approve the funding to provide the necessary
supplies, equipment and food to accommodate the additional personnel as proposed in
this report.
July 4, 2003 Recommendations
Page 3
The above proposals are designed as a significant enhancement to previous efforts to
control unlawful and disruptive behavior on the Fourth of July holiday. The Police
Department has serious concerns about the security and logistical issues in a total
closure of the area as suggested in an alternative plan. If the total closure is deemed
legal, to effectively control access to the impact zone would require a minimum of 209
officers and supervisors, additional fencing for about 50 fixed posts and at least 500
hours of General Services staff time to pre -stage fencing locations and then install the
fences on July 4t'. The estimated costs of this operation would be about $180,000.
Additional lighting, portable toilets, trash receptacles, and support personnel will cost
about $20,000 to bring the total to approximately $200,000.
Conclusion:
The recommendations in this report are designed to significantly improve efforts to
reduce unlawful disruptive behavior through high visibility enforcement and proactive
efforts to address problems before they grow out of control. These measures will
provide a sizeable increase in uniformed officers in all streets and areas throughout the
impact zone. In addition, lighting will be enhanced throughout the area, an
improvement that has consistently proven to be of value in reducing criminal behavior.
More portable toilets and trash receptacles will help to minimize inappropriate personal
behaviors. Further improvements are suggested by adding more personnel to assist in
the handling and transportation of prisoners. This will speed up the booking operation
and allow more arrestees to be processed. One major advantage of this
recommendation is each item may be adjusted in size and scope to fit whatever budget
limitations the City of Newport Beach may have to face in the next fiscal year.
Respectfully submitted,
Paul Heni y, Capta'
Patrol/Tra vision Commander
EXHIBIT
cc D �a
0
April 1, 2003
TO:
FROM:
SUBJECT:
Sir:
CITY OF NEWPORT BEACH
POLICE DEPARTMENT
Bob Burnham, City Attorney
Craig Frizzell, Lieutenant
July 4h Deployment Statistical Data, Supplemental Law
Enforcement and Salary Costs
The following is statistical data and law enforcement salary costs for July 41'
deployments from 1998 through 2002. This information was obtained from
annual July 4`h deployment staff reports completed during this period of time.
ARRESTS
2002
2001
2000
1999
1998
Felony
14
17
19
15
14
Misdemeanor
148
176
137
169
113
TOTAL
162
193
156
184
127
CITATIONS
B & P*
110
92
80
86
74
H & S*
11
5
1
9
18
Muni Code
341
366
344
356
333
Vehicle Code
171
178
169
139
119
Misc
0
1
9
13
16
Parking
711
667
753
814
621
TOTAL
1344
1309
1356
1417
1181
Disturbance
35
42
33
51
39
Advisements
The 35 Disturbance Advisement Cards that were issued in 2002 initiated fines
that totaled $6,450 for the violators.
* Note
o B &P refers to the California Business and Professions Code. Almost all
citations issued pursuant to this code relate to minors in possession of
alcohol or false identification documents.
P H &S refers to the California Health and Safety Code. Most citations
issued pursuant to this code relate to possession of marijuana.
Supplemental Law Enforcement and Salary Costs
On July 4t', 2002, supplemental law enforcement was provided by three different
agencies. The California Highway Patrol provided 30 officers who were assigned
to traffic control enforcement with an estimated cost of $23,345. The Orange
County Sheriffs Department provided 19 deputies who were assigned
transportation duties to the Command Post and /or NBPD Jail, as well as
searching /booking duties at the Command Post. The cost for their services was
$19,685. Deployment was further supplemented with four Costa Mesa
motorcycle officers who assisted in general enforcement at a cost of $3,685.
Per the Memorandum of Understanding with our employee associations,
personnel receive "premium pay" for working on July 4'h. The premium pay,
along with additional overtime pay for employees working longer than their
assigned shifts, totaled $43,928 (7- 04 -02) of additional salary cost. Employees
also took 260 hours of compensatory time in lieu of overtime pay.
Overtime &
Premium
I have attached Chief McDonell's staff reports, 1998 through 2002, for additional
details.
Craig Frizzell, Lieutenant
Patrol Division
04
2002
2001
2000
1999
1998
OC Sheriff
$19,685
$15,343
$9,953
$10,116
$8,905
CHP
$23,345
$23,465
$23,061
$22,593
$21,184
CMPD
$3,685
NA
NA
NA
NA
NBPD
$43,928
$56,210
$46,908
$44,849
$43,948
Overtime &
Premium
I have attached Chief McDonell's staff reports, 1998 through 2002, for additional
details.
Craig Frizzell, Lieutenant
Patrol Division
04