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HomeMy WebLinkAbout21 - Safety Enhancement Zone in West Newport on July 4th0 CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT J� 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 rburnham CcD city. newoort- 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 4`h 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 16th 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 2obert Burnham /City Attorney • Attachments: Proposed Ordinance • 0 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' Street has experienced some of the largest crowds during the July 4'" holiday. D. The enormous crowds in West Newport during the July Wh 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 4`" 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`h 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 • 2 • 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 4" 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". 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 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. : 0 • 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 • 11 • 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 5 0 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, • 32nd 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 3r° at no less than three locations along Pacific Coast Highway, four locations along Newport Boulevard /32nd Street, four locations along Oceanfront Walk/Seashore Drive and two locations along 54`h 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 • • 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 7 0 "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 Treasurer's 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. • 0 • 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 • 10 • 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 11 f 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. 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. 12 0 • 0 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' 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 4`h 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. • 14 • 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 MAYOR ATTEST: • CITY CLERK E F:\users\cat\shared\BURNHAM\July4thOrdinance\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 rburnham -sty.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 0 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 4th 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 41h 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. CJ \J • 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 4h and a portion of July 5th. 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_ Availability: 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 SIGNATURE Bumham /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 �J 0 EXHIBIT 0 0 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 4'h 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 4'h 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 0 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'h 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'h 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 • 2 • 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. L. While there is no single solution to the problems experienced in West Newport during the July 41h 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'h. 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 CQDE_ENEORCEMENT RENAL-T -Y- PROVISIONS Sections: C� J 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 erovisions_ot 1hi5—Secti_on._r.Pp sQr�the me_an_a-and melb.Qd_s by whic�he Sity Seuneil of the City of Newport Beach intends to secure compliance with the provisions of this Code. T�ety eav use anv or all of the be - aMieved —by-- less — drastic- metheds --- ef —e fereerneRt- -floe— fellewiflg-- allemate, separateeptolCement otipn in securing complianceith tb�pr visions of this Cszde and distinet ngetheds may be utiliped. Each fnetheel set forth herein is intended t mutually e*elasive and multiele enforcement options may be used to does rjet prevent eeR6trrren4-er eaflseeetiv�theds- belflg- esed-te- achieve compliance with respect to p MQWboo - continuin violations. Aep_ I ed _n . �• - •- •u Un r r• •A r • • . ,,. z . 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 hby- Newpe44t eaeh Munieipal Gode Section 1.12.020. �xGeRt as=p vi ed 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: 1 0 Shy Enhance —n ne . . - • - • . .• 1 . 1.1 'll- . • moll 1. .•l. I•l i.- • UKHRIAR .•. .• - . - . -•. .•1 ._ .. . 1 • WIM • • - - •- • • '1' •. R Woct Naxninnrf Rafoty Fnhnnromant 7nno Thn r.ifv rni inril rfocinnafoc 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 hereby finds that there is a need for an alternative method of enforcement for v ri n4Rer- violations of the Municipal Code. =arid- applicable State -cedes —The City Council aLSjuAher -finds that an appropriate method far ef- enforcement gL#ef \[a1ous miner- violations is an Administrative Citation • N .•l. I•l ' • 1 •' •t -1- •11 1 ll ' • 11 . 1 • WIM • • - - •- • • '1' •. 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 hereby finds that there is a need for an alternative method of enforcement for v ri n4Rer- violations of the Municipal Code. =arid- applicable State -cedes —The City Council aLSjuAher -finds that an appropriate method far ef- enforcement gL#ef \[a1ous miner- violations is an Administrative Citation • N • Program ttha__w'N.r, due the..burden_on theuicial_sysem. while_. rovidi _ ful due pro_ce_ss_f�r tthose cites-- authertzed- -by- Gevemr -nent -bode - SeetieR 5-3es>a 4. B. The procedures established in this Cehapter _ ra - shalt -kein addition to criminal, civil or any -other legal remedjes that may�abl_etolhe Citv to enforces established-by- laud- whiehmay be pursued to address- violations of the Municipal Code or applicable State Codes. C-._6- -The City Council hereby -finds and determines that enforcement of the pr_ovisons o0 he_Newport Beach Municipal Code a_o d ether-erd+naRees-adopted by-the- ity- conditions on entitlements or permits and terms a d eenditiensaf 6+ty-agreements -are municipal_affairs as well as matters of purely_ local concern D.__The_C.ity_ -CounciLfinds that the _ adoptio_n -and_ n .- snentat- -- and�erve impertanHaublie- per -pese"ensistent- wig -ri pewe s a after 6ity, the city of-Newport- Beach- adepts- this -,4_ h_t_ dministrative Citation Program is_within the Pow-er-and_ authority of-th port Beach as a cha-deL-d-ty -a md wilt • previsien- in6rder4e- achieve the following goals: 1. To promote= _n..�protect the public health, safety and welfare of the citizens of the City of Newport Beach; 2. To help_@ re gain- 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 ill fu comp4rS with due process dLpra�!ide those cite with the right�4 a fair hearing without the need for legaLcoun�el; 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 minimize the JLnje-and expense delay where the so e--�Fnedyis te pursue Fespensible parties in the eiYR eF • g— 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; er--- Iieable State Codes 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 vi__ eaases -or maintains a violation of the Newport Beach Municipal Code- er-applieable St ate -cede. SECTION 7. Section 1.05.020 of the Newport Beach Municipal Code is amended to read as follows: • 1.05.020 Authority in s. A. Any person violating any provision of the Newport Beach Municipal Code er applieabl^ °c S64evede -may be issued an administrative citation by an Enforcement Officer as provided in this Chapter. A violation of this Cole includes, but is not limited to, all violations of the Municipal Code, the Uniform Codes adopted by the City Council, tbe_failurE ing-to comply with any condition imposed by any entitlement, permit, agreement or environmental document issued or approved I)urs-ua [LJQ--u"4ef-tlie previsiens ef-this Code. B. Each and every day a violation of the Municipal Code eF pptieable- State -cede 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 ad__ mini.ativetation is�d for violations of this_�osle._i❑ a 5efe K-Enbh scemerd-Z -oap fFines shall be assessed in the amounts specified by resolution of the City Council, or where no amount is specified: • M • 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 the case of administrative �ilatio�s_isued for vioh�ti9ns ofsh.isCode in_a Safety Enhancgment_Zone fines shall ba�sessed in the amgunts 1—A_fine_of three_hundbed dollars_($300,00) for a-first_v_iolat on; 2._ __A- fne�gf��c hWCLred_dollar_s- ($600.00) fora second_v_iolation _ of the.s�m� ordinance or-p within one dear from the date of the frst violation; 3.___A fine _not. - exceeding_ one -jhous -and dollars ($1000.QQ)_for each_ additional vi la ion of the same ordinance or permit within one vear from the date of the first viola io 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 or ethep-applicable State - Bede -on the date(s) specified in the administrative citation. F] 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 facie_e 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: 51L.60 peltygry of AICohQlic Beyera -gesi )Igfety _Eg aPC_ejMeaLZ0D -e . • • • two A • 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: • 20 • 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. • 6. With respect to any short term lodging unit that is located in_anv Shy Enhancement Zone, th_e owner of the unit and any agent retained by the owe -- shall take--mmedate action dur_ing -,he period that the aafely EnhanoemennZone ieinef-ec-tto�le_v_ent_=upanis o-g.uests.__f_rom engagjng in disPrly conduct or committing violations of this Code or 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 ,or vi in S�bse_c1i n _The 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: A 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 Safely _Enbarice.ment_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, iD the_ case_ aI�!_ ast- lewP_on,Sately-EDb_arnc_ement Zone--on July 4'" - LQtu-m -of Police Officers aye difficult if not imoossi Ike _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�nd. in the case of the West Newport Safety Enhancement Zone these conditions create an innedia otential for a major isturbance that could result in serious iniuly Or death_tc me beis the Public and/or law enforcement personnel. 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. In the case ofd 1praQ oartv._g�thering or event on_pLivate propaay in the West Newport Safety Enhancemenk Zone durina the period that the designation is in effect, tl per .00_or per onSleSpQnsiWe Tor._the_2aLtY event or gath_erinn th_e • occupant or occupants of the property and the owner or owners of the proms are jointly and severably responsible for immediately complying with a request from aoy_ka_w ernforcement_of_fi_cer_to terminate aiL unruly or ille.gaLk ehaYio -on the Pr_opel3y aD�shall be_respo�sikl�,_ir�dstitio�to othe �es_aLd penalties provided y_this Chapter for the_Ryment of a fine in the amount of $1n0n 00 for ea _h ten t,10) minute segment that unruly or illeq�l conduct continues past t time�that_the llaw anfczrc- erllent_ gf�oer�esl .u�s_ts�e_rrsinatign_. 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 \shared \BURNHAM\July4thOrdi nance \041603finalpending.doc 15 EXHIBIT 0 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 4ch 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. • 1 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 4'h 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 2002 2001 2000 1999 Felony 14 17 19 15 Misdemeanor 148 176 137 169 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 • 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. • 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 Mannement 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 Sheriff's 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 Califomia 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 Sheriff's 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. 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. E 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. • 2002 2001 2000 1999 OC Sheriff $19685 $15,343 $9,953 $10,116 CHP $23,345 $23,465 $23,061 $22,593 CMPD $3,685 NA NA NA NBPD $43,928 $56,210 $46,908 $44,849 Overtime & Premium Pay Total $90,643 $95,018 $79,922 $77,558 E 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 0 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 Sheriff's 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 • 0 EXHIBIT "C', 0 Ll L-J 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 The total estimated cost for all of these proposed enhancements to existing Police Department deployment is approximately $64,300. • 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. 3. 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 32nd 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 48th 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, Captai Patrol/Traf vision Commander • EXHIBIT «D„ 0 Cl • CITY OF NEWPORT BEACH POLICE DEPARTMENT April 1, 2003 TO: Bob Burnham, City Attorney FROM: Craig Frizzell, Lieutenant SUBJECT: July 4th Deployment Statistical Data, Supplemental Law Enforcement and Salary Costs Sir: The following is statistical data and law enforcement salary costs for July 4th deployments from 1998 through 2002. This information was obtained from annual July 4h 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 • 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. 4 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 4t'. 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. I have attached Chief McDonell's staff reports, 1998 through 2002, for additional details. Craig Frizzell, Lieutenant Patrol Division R • 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 Pay Total $90,643 $95,018 $79,922 $77,558 $74,037 I have attached Chief McDonell's staff reports, 1998 through 2002, for additional details. Craig Frizzell, Lieutenant Patrol Division R • �i 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`h 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`h 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 4th 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 4m 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 4th 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 4th holiday has, to date, been successful in 2 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. �. While there is no single solution to the problems experienced in West Newport during the July 4`h 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`h. 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 .QODE ENFORCEMENT_PENALI -Y VISIANS 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 _Enh_ancement_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 pLgvisions__Qf kJlis_ Section resesent_ the means an _method k which thg_Ftty Geunei'the City of Newport Beach intends to secure compliance with the provisions of this Code. The City may use an y ce�ga+�e may s be -- alternate; separateenfo_r_cementoP4n.s i.p_ss_cULinq_c_ompll6_oce wth the pr4v_isionssaiilii.s� ode and - d'stlfl.Z-rtcmvdS 9�Se�6rthrncrcm-r��n�� mutually -ex-e usive -and mul i _le_enforcemen options may be used to dees -- net - prevent eeneurenoesnseeutiye meth ©ds being used -te- achieve compliance with to persons who cp_mmit against- continuing violations. A separate offense shall be eemed to ha.Ye__been committed whenever. a �peCSon_repeatuth�s�p th t_coRStitute-s__the any nnn ition or circ mskanc_e_that. co _sti u Ps.a, violation is allowed to violation or fb d -- — uei�_vielatioRS_ at exist f�_r mreth n w -four hours_a aadaf�si�x� ott3is -Code' eaett eeF3st' f�v " • t• hews: v+ oat+ en -er- the- Irovisions- eftl�i� -Cede- Fray - tie -er} �.._...' t'�o 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 irzby- N,-wPeft BeaC#�uR 6Pal- Ced�-Section 1.12.020. ExeeeW a§-Proyided- in_Subse ti n 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. 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, the condition(s) fo found to be info violation of the provision�stof 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. 5 Section 1.04.060 of Chapter 1.04 is added to the Newport Beach Municipal Code to read as follows: Z.(_14060 Safetv Enhancemen Zgnee an(i Navennrf Rnidownal nn tho pact Pnrifir r.nnQt Hinhwnx/ nn fho nnrfh nnrl 5 Etr _et_(n the west, -,This cLe nation -is effective from 12 01 „a - -m on,?u1y�' a m_on luty- during_- ac�ear that th_e designation is_ n�adt The basis for _- _actua_I_ thi - esignation is found in Section.lsjfthis Ordinance- ._- NQtjce of the .- Safetv EnhancemQntZone_designatiouhall be posted_Qn or before U0_pm on Julv-3.r- -aA no les than thre a local 2ns alo_ng..Pacif Qast_Hi way, fpur ocations along Newport 860evard /32 St[eet{ four locations atona Oceanfront — a”- eashore Drive and tw_o L along_ Stree In ad-d ion letters ad_vmina_of the_ Safetv_ Enhancement 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 hereby -finds that there is a need for an alternative method of enforcement for v_afiQUs ei�-violations of the Municipal Code., -and- applicable State- -Godee -The City Council also fef-- ther-finds that an appropriate method for e€- enforcement of_ €er- .-variol --fr nei,- violations is an Administrative Citation I Program that_w ll_ r uc th ,tarden on_the_iudicial y_stem while providing-jut! du_e-pr_ocess- for those cited. as-- authef zed by Gever ,tCede— Seetteti i3-34969. Ill. B. The procedures established in this Cehapter ai�sha+be -in addition to criminal, civil or any other legal remedies that. mad!_ be available_A4_the Gtt Lo enforce__y establi shed by law- -whteh -maybe puFsued to address violations of the Municipal Code or applicable State Codes. C..___C- -The City Council hereby -finds and determines that enforcement of the provisi.Qns of the...Newport Beach Municipal Code and_- ethef-efdinanees- adepted by-the Gity, conditions on entitlements or_Q,erlriits__and- erms and eenditions ^t Gfty agreef -meats -are rrtugicipal_a_ff_airs as well__asmatters of _up _re_Iy_-local concern to the citizens of Newport Beach. D..__.__The. City Council_ fnds that�he��tioo_aad_ imRlementatiQn�f- -a,^d—.efnee impeft�pebl+e- Fpeses- EensisteRt- wi#Hts-f)ewers-as- Gha#er -6ity, the-" e#- NewpoFt-Beaeh adept&4his -A_ is Administrative Citation Program is. within the .Paw- and -a thorny of the Cit of NQw.porl. Bach_as_a_c1�ad r� ty_an.d..._will pfevisien -its ender to achieve the following goals: To promote and protect the public health, safety and welfare of the citizens of the City of Newport Beach; 2. To help---en gain- 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_eompo__ wi h�-ue._orocess and provide those cited _ with-the right to a_fak hearing without the need_f_or 1Qgal c uo -sel, 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 burd�n_onAhe_Jj_.._.i i I_sy -t m. and _minimize the ti_m__ n expense of defending the citation on the paOLof She person cited -ai d delay- whefe- the —,eL— eFnedy- is-fe-pu eivil -or criminal justice system. E- -D. -- -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 -er— lieable- te4e -cedes 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 cat+ses -or maintains a violation of the Newport Beach Municipal Code- eF-- 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_and.Fines. A. Any person violating any provision of the Newport Beach Municipal Code er applicable e-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, th_e failure ing - -to comply with any condition imposed by any entitlement, permit, agreement or environmental document issued or approved o.urs_uaat__tc__ def ' "" utrucrzrrc previsiens of this Code. B. Each and every day a violation of the Municipal Code or appleable--State -bode 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. Exce in the _case s of_ad_ mini , rative eikat gn ued for _violations of Ibis Code in a a-afety—Enhancerrl -nt -Zone. fFines 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. _E__ _In -_the case of_ �sJ .ministr_aiiv_e�itatioos�ssued for.- _v_iolations of this Gode_�n._a Safety Enhancement Zone fines shall be assessed in the amounts 1__ -___-A -fine of-threetoad� dDLiars -L $.3-00 -00),for- a- fnt_vlolation;. 2.____.._ A fi of six- hundred dollars $600 00 fora sprQnd_violation _ of the_sam� or_d_ n_ance, orpermit within on ear from th date of the firs t_violat2n� 3,- .--- ___ -��ine not....exceeslinc�o�e_ thousand dell- ars_(_$1000_00) for eaoh._a.d- di -taaal violation of the_ -same ordinance or permit wit ear from the date Qf 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 ef- etheFapiAeable State Gede on the date(s) specified in the administrative citation. I 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: 5J.1 60 ...._Delive.ry.of Alcoholic Bevera QS _in._a3afeiy._Enhncement ZQn-e No person shall deliver alcoholic beverages to any alcohol beverage_ outlet as that term defi is ned in Cha pter 89 of this Code within any area andrinq_ the times designated L bY_ the. .- C..i.tY C ow. ri i1. as- -a_- Safely En.hanc. ement_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: 10 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. 6_ With respect to any short term_.IQdgi- -unit that_is„IQcated.._ in any Safety Enhancemgn_Z nee owner of _the _unit _ and any agent retained by the owner shall take._immed ate acti.Qn_durin.g the period _that_the_Safe - Enhancem -ertt Zone is_in.._ eff_ect_to revent occupants _Qr_guests_fr_o..m engag_mg in disorderly conduct_ or committing violations of this Code_or State _Law pertainina tn2sedsQrderlv_ omduGt� the consumption_of alc,ohd ort)ieuseQf i11_e�7c.al 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. 11 SECTION 11. 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- rovided_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(8) 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: 101 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 ($1,000.00) to revocation of the permit; and 4. For a fourth violation within any twelve (12) month period, the permit shall be revoked in accordance with the„ provisions of ection ..' 5.065. ,4 An 12 SECTION 1$, 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 t�_n_�nediate control S.a.fety Enhan-c -emeatZone; 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 protectionsnnd Ln tt e__cas- e_of..V\tes1 Newp.or_t_S_af_ely EnhanQem.enk-- ZQne.- _o..nJuly 4.`.h._th.e rels%rn._Qf Police Officers_may be diffi if not impossible due to-the-lamp 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- ndin-the case of the West _Newport Safety Enhancement Zone these conditions create, an - -- - -. immediate potential for a major distur} ante that could res�in�erioug injury or -- — - - death SQ- membe_rs:cf.the.puU.i.Q_ and /or law enforcement ersonnel. 13 1) SECTION If. 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. In the _case _of..a larae..paty, aatherina or even_t__on rivproperty in the West Newport Safety_Enhan_p�rrrent Zone durina_the period that the�esianation is in effect,.. -the- per_son._pr p- e.rsons responsible _ fpr -Ah.e- party _,- e_vent-or_9athadog, e occupant or occ pants of the propnd nd_the owner or owners of the property are jo -ntly and several ly responsible for immediately complying with a re_ uest from_anylaw_es}otoemeat- offieer_to terminate__aLunruly or i l aLbehavipr on the - -- property _.- -aad._shall- be_.respans i ble jn- __additioa._10 -other fines_..-and..._penaliies provi -ded ly this_Chapte_r, for The _payment _of a fine in the amount 1000.00 for each (10�_mmute segment - -that unruly or illegal conduct continues past the time-that-the law enfprcemenLofficer requests t re_mination. 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 It 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, COUNCILMEMBE NOES, COUNCILMEMBERS ABSENT COUNCILMEMBERS MAYOR ATTEST: CITY CLERK F:\ users\ cat\ shared \B U RNHAMUuly4thOrd i nance \041603fi nalpe nding.doc 15 AY -13 -2005 10:12 AM WYATT 949 54 8 0294 P.01 ''!Y 14 Dear nel C)r 31'oM ber y� WC Qn die -i-v �+�e�,� -►� I � 'M e 2TI n) r�; �h {- r e ��oQ VI *4Rc Orc. i vie �c�s .l q, 4r - 1 �i 4- au I L'-' e Wand' d 4-a w `i'Y 2� -0S rPS 1^ d efl I s �T L'Ue3-t` KJI p o rt- W e &v pnor-f-- wJj S d�j r N4ei c�ilbiu� (1�vcP Date pies Sent Ta: (ia� t Mayor ')"� s in - ]'Council Member -P?danager Att t,./i ❑ orney ❑ �U `f Pi4►21L C. rV Yo -029 NRY -12 -03 FRI 00:27 TOXIN.. "DENNIS 000000000000 3 P.01 fS, �°. �. Crrupv / "RECEI E vl tlZ_LI1_%�yI'/_�_.?Y/ /i ere//_ -- -- -______.._.._. Oc�DL_._��_y -- _7!2//1 / /t'_PK- .. -ICe� �.�r%t,_�. _C/G_._,?'1?._ ✓_!lf_�i'�i_ —WARNING WEST NEWPORT RESIDENTS! __.... Did you know that on Tuesday, May 1311, your City Council will vote on a new 411 of July law that would make Your neighborhood part of a new _.. "Security Enhancement Zone' on the 40' of July? We didn't think so, so we're telling you nowt You need to attend their meeting at City Hall (32ND & Newport Blvd), this Tuesday May 13"', 7pm, and voice your opinio-n-before they vote or this will become law: 1) TRIPLE municipal code flnesl 2) Eliminate the delivery of alcohol to outlets in the designated area. 3) Increase penalties to owners of short term rentals. 4) Establish a $300/10 minute fine for failing to comply immediately. They will also Introduce mother new taw banning the outdoor storage of alcohol, as part of their two -prong attack to "dry up West Newport." BE THERE OR BE IGNOREDI Sponsored by freenewport.com. MAY -12- 2003 09 =39 97 P.01 Dear City Council Members: FreeNewport! staff and supporters of constitutional rights have taken the liberty to walk a "4`h of July Petition" around the City of Newport Beach's neighborhood and local businesses. The purpose of this Petition was to inform and educate, as well as identify our neighbor's views of the proposed 4m of July ordinances. In the course of only ten days we collected over 1,000 signatures from the residents that live mostly in the City's identified "Safety Enhancement Zone ". The results of this petition should indicate that the residents /voters STRONGLY OPPOSE these ordinances. We invite you to rethink your positions on these ordinances due to the fact that these signatures represent the will of your constituents. Please keep in mind that the majority of problems and citations /arrests issued by the city of Newport Beach are from NON - RESIDENTS. The ordinances in question are not the solution for the residents of the affected area. There are other more rational means of accomplishing a safe and fun Fourth of July. The proposed ordinance unequally targets homeowners and renters and the attached petition should indicate that the majority of residents /voters of the "safety enhancement zone" do not want the ordinance as written. Sincerely, Paul Perry FreeNewport! Representative r� rr R h in 0 c - in c o w al F r N O 0 n O t Z o o v U in U N C N al 0 O L O a7 �- U o d N U �(n O in O -0 c c U' O; a) 0 o cnn N r c Q O N C U M U c m E m al m c m CO r ow N C O Q O o N Z � a 'o in O 0 d c c .E c ' CO 0 m a O c U) > 3 c W m p 0 w (1) U 0 O In f6 c E U �n tmQO • a � 0 d a) O O c E m O > N c • N co +L c a> c o � ac E CO O (n T N O c O co W Ef3 J � d a � Q r N D U a T3 D U 0 i A m 0 O G N Z a'S c N ai 0 T w f— 0 cr O � n jC) c Z0 uj L"5 fWv T U U m O W C n O O IP O L Q. CY) T m Cl) (1) 7 f— al 2 w U N m t LU j a. Q L a \ iw J^ 1 c" . W1 a\ � rl .J f\ �•' qi .. � l i ' r•' �. 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