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HomeMy WebLinkAbout09 - Park Patrol Authority to Write CitationsCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 9 December 9, 2003 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Recreation & Senior Services Department Marie Knight, Director 644 -3157 mknight @city.newport- beach.ca.us SUBJECT: Park Patrol Authority to Write Administrative Citations ISSUE Should the Park Patrol Officers have the authority to write citations to enforce the municipal codes related to special events and conduct in City parks? RECOMMENDATION Introduce Ordinance # 2003 - _amending Section 1.12.020 of Chapter 1.12 of the Newport Beach Municipal Code to authorize Park Patrol Officers to issue citations and pass to second reading for adoption. Background: In late October 2003, the Recreation & Senior Services Department hired two park patrol officers as authorized by City Council on July 22. Training was reviewed and provided by the Police Department, Code Enforcement, Parks Division, Recreation Division and the Fire Department. The role of the Park Patrol is to educate the community about the use of City parks and resources that are available to them, and, when necessary, to enforce provisions of the Municipal Code related to special events and conduct in parks. The approved program included the ability for the Park Patrol Officers to issue citations to enforce these codes and other provisions, such as handicapped parking, in City parks. As a part of the process in creating the Park Patrol program, staff conducted a review of these codes to determine what adjustments or additions needed to be made as well as surveying surrounding cities to ascertain sample ordinances and codes enforced through their park patrol programs. Staff is currently working with the City Attorneys office to revise chapters pertaining to Special Event Permits and Conduct in Parks and will bring the proposed revisions to Council for approval at a later date. In the meantime, staff recommends that section 1.12.020 of Chapter 1.12 be revised as attached to give the Park Patrol Officers the authority to write administrative citations and parking citations in parks under the current Municipal Code. The Park Patrol officers have already encountered situations where they have provided citizens with several warnings regarding code violations and are in need of the ability to issue citations in order to gain compliance. These violations include driving vehicles onto the parks and causing damage, use of City parks for commercial operations and parking illegally in handicapped or red zone parking spaces. Environmental Review: NA r 7Pre a d by: l h4ari Knight, Rectio6k Senior Services Director Attachments: Ordinance No. 2003- ORDINANCE NO. 2003- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, AMENDING SECTION 1.12.020 OF CHAPTER 1.12 OF TITLE 1 OF THE NEWPORT BEACH MUNICIPAL CODE TO AUTHORIZE PARK PATROL OFFICERS TO ISSUE CITATIONS NOW THEREFORE, the City Council of the City of Newport Beach, California, HEREBY ORDAINS as follows: SECTION 1: Section 1.12.020 of Title 1 of the Newport Beach Municipal Code is hereby amended to read as follows: Chapter 1.12 C!TATIONS AND WARRANTS Section 1.12.020 NBMC Authority of Public Officers or Employees to Issue Citations. The following designated public officers and employees all have the power to issue citations for violations of the ordinances and laws specified in this section: A. Animal Control Officers, Community Services Officers, Custody Officers, Parking Control Officers, Volunteers (as authorized by Section 22507.9 of the Vehicle Code for handicapped parking enforcement) and other designated members of the Police Department staff shall have the power to issue citations for any violation of this Code and any Code of the State of California, as assigned by the Chief of Police. B. The Fire and Marine Department Director, and members of the staff designated by the Fire and Marine Department Director, shall have the power to issue citations for any violation of the Titles 11 and 17 of this Code, Chapters 7.04, 7.16 and 7.20 of this Code, Sections 6.04.060, 6.04.200 and 10.06.010 of this Code, the Fish and Game Code of the State of California, Title 14 of the California Administrative Code, the provisions of the Health and Safety Code of the State of California that pertain to animals and the provisions of Chapter 5 of Division 3 of the Harbors and Navigation Code of the State of California. C. The Marina Park Manager shall have the power to issue citations for any violation of Chapter 12.40 of this Code. D. The Revenue Manager, License Supervisor and all License Inspectors shall have the power to issue citations for any violations of Titles 3, 5, 6 and 10 of this Code, Section 12.40.060 of this Code and Chapters 12.62 and 12.63 of this Code. E. The General Services Director and department staff designated by the Director, shall have the power to issue citations for any violation of Chapter 6.04 of this Code. F. The Code Enforcement Supervisor and Code Enforcement Officers shall have the power to issue citations for any violation of this Code. G. The Building Director and the Chief Building Inspector shall have the power to issue citations for any violation of Title 15 of this Code. H. The Fire and Marine Department Director, and members of staff designated by the Fire and Marine Department Director, shall have the power to issue citations for any violation of Title 9 of this Code, Sections 22500.1 and 22514 of the California Vehicle Code, any provision of state or local law related to fire suppression or fire prevention and any provision of state anc local laws pertaining to the handling, use, storage or disposal of hazardous materials or waste. The Municipal Compliance Officer who may be employed by contract shall have the power to issue citations for any violation of this Code. J. Park Patrol Officers shall have the power to issue citations for violations of Chapters 5.10 and 11.0 4, of this Code and for violations of any provision of this Code occurring in parks or parking violations occurring in parking lots servicing parks and facilities. SECTION 2: That if any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each section, subsection, clause or phrase hereof, irrespective of the fact that any one to more sections, subsections, sentences, clauses and phrases be declared unconstitutional. SECTION 3: The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within fifteen (15) days after its adoption. This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the day of , 2003, and adopted on the day of , 2003, by the following vote, to-wit: AYES, COUNCILMEMB NOES,COUNCILM EMBERS ABSENT, COUNCILMEMB MAYOR ATTEST: CITY CLERK F: \users\cat\sh a red \da \Ordinance \Citations& W a rra nts. doc