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HomeMy WebLinkAbout17 - Amendment to Smoking Ordinance/ 1 • CITY OF Council NEWPORT REACH City • Agenda Item No. 17 January 24, 2012 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Recreation & Senior Services Department Laura Detweiler, Rec & Sr Services Director 949 - 644 -3157, LDetweiler @newportbeachca.gov APPROVED: O Q!t TITLE: FIRST READING - CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER 11.04 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO RULES AND REGULATIONS FOR PARKS, PARK FACILITIES AND BEACHES AND REPEALING SECTION 11.08.080 PERTAINING TO SMOKING ON CITY BEACHES, MUNICIPAL PIERS, PUBLIC FLOATS AND PUBLIC WHARVES. ABSTRACT: City Council approval is requested of omnibus changes to Chapter 11.04 of the Newport Beach Municipal Code pertaining to rules and regulations for parks, park facilities and beaches and repealing section 11.08.080 to avoid redundancy in the Municipal Code. RECOMMENDATION: Introduce Ordinance No. 2012- 6 , amending Chapter 11.04 of Title 11 of the Newport Beach Municipal Code pertaining to rules and regulations for parks, park facilities and beaches, and repealing section 11.08.080 pertaining to smoking on City beaches; waive further reading and pass to second reading on February 14, 2012. FUNDING REQUIREMENTS: There is no fiscal impact related to this item. DISCUSSION: The City of Newport Beach presently owns (or is the assigned trustee of) and operates 73 parks and recreational facilities, 6.7 miles of ocean beaches and 2.5 miles of bay beaches. In order to assure maximum public use and enjoyment of the City's public recreational facilities, staff believes it is necessary to establish rules and regulations governing the operation of their use. In addition, when it is necessary to enforce these rules and regulations the City needs to provide Peace Officers, Code Enforcement Officers and Park Patrol Officers the necessary authority to ensure the safety and enjoyment of those utilizing these amenities. FIRST READING - CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER 11.04 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO RULES AND REGULATIONS FOR PARKS, PARK FACILITIES AND BEACHES AND REPEALING SECTION 11.08.080 PERTAINING TO SMOKING ON CITY BEACHES, MUNIC January 24, 2012 Page 2 The Recreation & Senior Services Department administers the use and scheduling of the City's public park facilities and Instructional Activity on beaches. The Department's staff and Park Patrol program plays a major role in monitoring these uses and enforcement of Chapter 11.04. The Chapter was last amended in 2004 and was in need of review to assure the language was up to date and inclusive of regulations necessary to successfully program and manage the use of recreational facilities. Additionally, at the direction of the City Council and based upon a recommendation of the Environmental Quality Affairs Citizen Advisory Committee, additional language was needed to prohibit smoking in parks. A summary of the proposed ordinance changes include: a. General language clean -up. b. Inclusion of definitions for: 1. "Beach" or "Beaches" means any public oceanfront or bay front beach within the City of Newport Beach, including ocean or bay public piers, public walkways or strands adjoining beach or bay areas. 2. "Instructional Activity" means any educational or recreational program or activity involving individual, team, or group instruction that is conducted or performed when there is monetary consideration provided for participation in the program or activity that occurs in a Park, Park Facility, or on a Beach. 3. "Smoke" or "Smoking' means the carrying or holding of a lighted pipe, a lighted cigarette, or any other lighted smoking equipment of any kind; or the lighting of a pipe, cigar or cigarette of any kind; or inhaling, emitting, or exhaling the smoke of a pipe, cigar, or cigarette of any other smoking equipment of any kind. c. Inclusion of prohibited conduct: 1. Smoking is prohibited in or within 100 feet of a Park, Park Facility, or Beach while located on public property. 2. Conduct or perform any Instructional Activity for a fee in a Park, Park Facility, or on a Beach without first obtaining a written agreement from the Recreation and Senior Services Director to conduct or perform said Instructional Activity in a Park, Park Facility, or on a Beach. 3. Continuing to conduct or perform any event, activity, behavior or conduct that is determined to be unsafe, a nuisance, or a disturbance to the public by the Recreation and Senior Services Director, a Park Patrol Officer, Code Enforcement Officer, or Peace Officer after first issuing a verbal or written warning to the person or group. FIRST READING - CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER 11.04 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO RULES AND REGULATIONS FOR PARKS, PARK FACILITIES AND BEACHES AND REPEALING SECTION 11.08.080 PERTAINING TO SMOKING ON CITY BEACHES, MUNIC January 24, 2012 Page 3 The recommended changes to prohibited conduct include no smoking in or within 100 feet of parks, park parking lots, beaches and the abutting sidewalks within the public right of way for the health and enjoyment of those visiting City parks. The City of Newport Beach currently prohibits smoking on beaches, ocean front walk and piers and within twenty -five (25) feet of a playground, twenty (20) feet of a community center, or in any building or a portion thereof. Language pertaining to smoking on beaches, municipal piers, public floats and public wharves currently resides in section 11.08.080 and will now be in incorporated in 11.04. Therefore, it is recommended that section 11.08.080 Smoking on City Beaches, Municipal Piers, Public Floats and Public Wharves be repealed to eliminate redundancy and conflicting language in the Municipal Code. Prohibiting smoking in these areas reduces exposure to second hand smoke, elimination of cigarette waste being deposited in parks, and reduction in the risk of fires associated with discarded smoking materials. A 100 foot buffer will provide added space and protection between those partaking in recreational activities at these locations and individuals smoking nearby. Prohibiting smoking supports the philosophy of providing healthy outdoor living, fitness, and recreation activities for the community. There are over 1,900 localities across the United States that restrict smoking in outdoor spaces with several Orange County cities included. Furthermore, section 11.04.080 authorizes the City Manager a determined trial period until September 30, 2013 to work with groups in regards to designating a smoking area in a park or beach. With the meeting organizers consent, these groups use of a park or beachfront for ongoing scheduled meetings will be regulated in an effort to resolve issues related to their gatherings to include number of attendees, location, parking, smoking and trash removal. Additionally, recommended prohibited conduct includes performing any Instructional Activity for a fee on public property without first obtaining a written agreement from the Director. The Department frequently encounters private businesses or individuals using the City's public parks and beaches to perform Instructional Activities for a fee. These unauthorized Instructional Activities place greater demands on increasing and competing uses of the City's parks and beaches and also significantly limit the general public's ability to utilize these areas. Moreover, these individuals are using public parks and beaches for personal financial gain. Staff believes requiring persons who desire to engage in Instructional Activities at a City park or beach to have a written agreement with the City will resolve this issue and minimize commercialization of these areas. The Parks, Beaches and Recreation Commission considered this item at their meeting of June 21, 2011 and were unanimous in their support of making the recommended changes. City Council reviewed these changes on July 12, 201 land provided feedback to rework language regarding restricted smoking areas and prohibited conduct to assure there are no un- intended consequences related to the changes. FIRST READING - CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER 11.04 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO RULES AND REGULATIONS FOR PARKS, PARK FACILITIES AND BEACHES AND REPEALING SECTION 11.08.080 PERTAINING TO SMOKING ON CITY BEACHES, MUNIC January 24, 2012 Page 4 ENVIRONMENTAL REVIEW: Staff recommends the City Council find this action is not subject to the California Environmental Quality Act ( "CEQA ") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). Submitted by: Laura Detwei Director Recreation & Senior Services Department Attachments: A. Chapter 11.04 (Track Changes Document) B. Chapter 11.04 (Amended Document) C. Chapter 11.08.080 (Repeal) NOR S Chapter 11.04 PARKS, PARK FACILITIES RULES, AND R€G1LAT18NSBEACHES Sections: 11.04.010 Intent and Purpose. 11.04.020 Definitions. 11.04.030 General Administration. 11.04.040 Park Hours 11.04.050 Closed Park Areas. 11.04.060 Permit or Agreement Requirement 11.04.070 Prohibited Conduct. 11.04.080 Smoking Prohibited. 11.04.090 Abandoned Bicycle. 11.04.100 Violation of Rules and Policies of Department. 1 ne 1nn F,eGtiOR. ,' 1 94.110 11.04.110 Ejection. 11.04.120 Prohibition Against Obstructing Performance of City Employee. 11.04.130 Exemption. 11.04.140 Penalty. 11.04.010 _Intent and Purpose. It is the policy of the City of Newport Beach to allow maximum public use of the City's public paFk saeli6esParks. Park Facilities and Beaches subject to rules and regulations necessary for administration and maintenance of parks and fasait;es.the City's public Parks, Park Facilities and Beaches. The City Council finds that these rules and regulations are necessary to preserve and protect the public health, safety and welfare. All persons using the City's public pa* faGOM4sParks, Park Facilities and Beaches shall comply with the provisions of this saapter: :Phe Chapter, in addition to any other provisions contained within this Code. Consistent with the provisions of this Chapter, the Director SeA19F SeFWGes shall be responsible for administering the use of the City's public parry tasiNtesParks, Park Facilities and Beaches and shall be authorized to enforce this Chapter and establish and enforce all appliGable G9des.policies. rules and reguiatiensRegulations regarding the use and administration of of Newpea 13eaGh the City's public Parks, Park Facilities and Beaches. 11.04.020 Definitions. For the purposes of this chapter, the following words and phrases shall have the meaning set forth in this section. "Beach" or "Beaches" means anv public oceanfront or bay front beach within the City of Newport Beach, including ocean or bay public piers public walkways or public strands adioininq beach or bay areas. 'Bicycle' means a device upon which any person may ride, which is propelled exclusively by human power through a belt, chain, or gears, and which has one or more wheels. 'Bicycle Rack' means a structure or rack specifically designed for the fastening or attaching of bicycles to the structure or rack. "Director" means the Director of the Recreation and Senior Services Department, or his or her designee. "Instructional Activity" means any educational or recreational program or activity involving individual, team, or group instruction that is conducted or performed when there is monetary consideration provided for participation in the program or activity that occurs in a Park, Park Facility, or on a Beach. 'Park' or "Park Facility" means all publicly owned or leased property, grounds, parking lots, roadways, venues, bike paths, walking or hiking trails, parks and park- related buildings, facilities and improvements, together with the sidewalks or walkways abutting or adioininq the same, and any school facilities when they are in use as recreational or community center facilities and under the control of the Director. "Park Patrol" and 'Park Patrol Officer" means and includes the park patrol officers authorized under Municipal Code Section 1. 12.020 of Chapter 1.12. "Person" means an individual, group, organization, association, corporation or any business entity. "Regulations" means the provisions of this Chapter and such rules, policies and regulations established from time to time by the City Council or the Director for the administration of this shapwChapter. "Smoke" or "Smoking" means the carrying or holding of a lighted pipe, a lighted cigarette, or anV other lighted smoking equipment of any kind: or the lighting of a pipe cigar or cigarette of any kind; or inhaling, emitting, or exhaling the smoke from a pipe, cigar, cigarette or any other smoking equipment of any kind. 11.04.030 _General Administration. A­ A. Any activity held at a pw* faeatyPark, Park Facility, or Beach will be conducted according to the regulatiGnsRegulations of this G4apwChapter and all applicable laws, including fire and safety regulations and applicable sRUR'Gipal code provisions of this Code. 8-- B. Any person or group of people violating the reguiatGn Regulations or conditions of any permit shall be subject to the immediate revocation of park fasilityPark or Park Facili use privileges aadprovided in the permit. The City W14-shall be entitled to retain all fees previously paid. Q_ C. Any perseas person using a park faG 11 Park, Park Facility, or Beach shall be liable and responsible for paying for any damage to or iess of any person or property including, but not limited to, City property connected with such use. 9-- D. When groups or organizations desire to use a paFk fasiltyPark or Park Facility on aaa repetitive ongoing basis, &usb-,,sethey shall be subject tefirst obtain the Director's approval through a separate pPark or Park Facility use agreement. No person shall violate any conditions set forth in a use agreement or continue to conduct any activity or use for which a use agreement is required upon revocation of a use agreement. E-- E. Use of saFk fasiiitiesa Park or Park Facility for group activities or events shall not interfere with the public enjoyment of the park Park or Park Facility; detract from the health, safety, welfare or recreation of the general public; cause unusual or extraordinary expense to the City; nor draw crowds in excess of the capacity of the park- fac+Park or Park Facility. F. Scheduling procedures, use reguiatierrsRegulations. and application processes for City aaFk facikt+esPark or Park Facilities shall be determined by the Director. 11.04.040 _Park Hours. No person shall enter or remain upon any parac-fadil Park or Park Facility between the hours of eleven 1( 1:00) p.m. and six (6:00) a.m- the following morning. 11.04.050 _Closed Park Areas. When necessary for the protection of the public interest, health, or welfare, the Director, Chief of Police, Fire Chief or their designee shall have the authority to close from public access or use, any Pubtis parkPark, Park Facility, or portion thereof, on a temporary basis. No person shall enter or remain upon areas posted or publicly noticed as closed. 11.04.060 _Permit or Agreement Requirement. A­ A. The Director may issue permits allowing use of park fasilitiesa Park or Park Facility, or portion thereof, by one or more persons to the exclusion of others in connection with planned social occasions such as birthday parties, programs and recreational activities. No person(&) other than the person(&) authorized by the permit shall enter or remain on designated park-area&Park or Park Facility, or portion thereof, during the period covered by the permit. All paFk faGityPark or Park Facility use permits issued may only be used by the permit holder. Director permits are non- transferable. 5— B. The Director shall have the authority to post reservation notices at pa*- fa�a Park or Park Facility, or portion thereof, notifying the public that a parA faG ii Park or Park Facility, or portion thereof, is reserved for exclusive use during a specified time period, pursuant to a permit. No person shall disobey any reservation notice posted or issued by the Director relating to the use of any paFk taG111 Park or Park Facility, or portion thereof, site, tables or other public accommodations identified in the permit. r_- C_Any person that wishes to use a Park, Park Facility, or a portion thereof, for repetitive athletic league, team or group sporting activity, including any games, practices clinics, or other sport related events, shall first obtain a permit or use agreement from the Director authorizing said use prior to occupying the Park, Park Facility, or portion thereof, for said activities. D. No person shall conduct or perform any Instructional Activity for monetary consideration in a Park, Park Facility, or on a Beach without first obtaining a written agreement from the Director to conduct or perform said Instructional Activity in a Park, Park Facility, or on a Beach. No person shall violate any conditions set forth in said written agreement or continue to conduct any activity or use for which said agreement is required upon revocation of said agreement. E. Any person not having a permit for the use of a paFk faai Park, or Park Facility shall surrender or turn over possession of the paFk fasiltyPark, Park Facility, or portion thereof, to any person having possession of a valid permit from the Director. a -shau bedataw#a!feF any A person not having a permit from the Director teshall not refuse to or fail to surrender the use of such park faGlAVPark, Park Facility, or portion thereof, to any person who has a permit for the use of such paFk-faG I Park, Park Facility, or portion thereof, from the Director. 11.04.070 a_i.o4:ago Prohibited Conduct. It is unlawful for any person to conduct, perform or participate in any of the following activities at any paFk fasaityPark, Park Facility, or Beach, unless otherwise authorized to do so by the Director -; A_ A. Hit, strike or chip a golf ball except in designated areas for such purposes. B. Rollerblade, roller skate or skateboard on any public tennis or sport court. r_— C. Remove, damage or destroy any athletic equipment or paraphernalia provided by the City for use, except, this section shall not apply to an employee of the City who removes athletic equipment, or paraphernalia while engaged in the course and scope of his or her employment. D. Play basketball on any outdoor public basketball court within three hundred (300) feet of any residentially zoned parcel, between sunset or seven 7( 00) p.m., whichever is later, and eight 8( .QO) a.m the following morning. E__ E. Use any Park or Park Facility when a fee is charged -, or permit or use agreement is required without first having paid the required fee aador having received any required permit or use agreement as required under sections 11.04.030(D) or 11.04.060. F. Drive, propel, ride or park or leave standing any 6ic�� vehicle propelled by a motor except in areas designated for such purposes, heweverexcept, this section shall not apply to an employee of the City acting in the course and scope of his or her employment, or to activities authorized by a special event permit issued pursuant to the provisions of Chapter X11.03 of this Code. This section does not permit public parking of event attendees. G. Smake within twenty �Ye (25) feet of a playgFGLIRd and tweAty (29) feet of a GGFAFRuA ty rBAteF, GF�P H_ G. Camp or lodge except in places designated for such purposes and with specific permission from the City to do so. H. Continuing to conduct or perform any event, activity behavior or conduct that is determined to be unsafe, a nuisance, or a disturbance to the public by the Director. a Park Patrol Officer, Code Enforcement Officer, Lifeguard or peace officer after the person or group of people conducting or performing the event, activity, behavior or conduct has been issued a verbal or written warning that said event, activity, behavior or conduct has been determined to be unsafe, a nuisance, or a disturbance to the public. 11.04.080 Smoking Prohibited. A. No person shall Smoke or be Smoking in a Park, Park Facility, or Beach or within 100 feet of a Park, Park Facility, or Beach while the person is located on public property. This prohibition shall not apply to a person in a car or truck that is being driven on a public street or in a parking lot. 5 B. Notwithstanding section 11.04.080(A), until September 30. 2013, the City Manager may designate a Smoking area for regular, recurring activities or meetings in a Park or on a Beach where Smoking will not be prohibited if the organizer of the regular, recurring activity or meeting obtains a valid permit issued by the City Manager that regulates the regular, recurring activity or meeting size, number of attendees, day of the week and time of the day of the use, location of the use, parking, smoking trash removal, and any other issues associated in any way with use. C. No person shall dispose of any cigarette, cigar or tobacco, or any part of a cigarette smoking waste receptacle. D. Punishment under this section shall not preclude punishment pursuant to Health and Safety Code section 13002, Penal Code section 374.4, or any other law proscribing the act of littering. Nothing in this section shall preclude any person from seeking any other remedies, penalties or procedures provided by law. 11.04.090- Abandoned Bicvcle. Any bicycle that is attached or fastened to any City property, including a Bicycle Rack, or left in a Park, Park Facility, or on a Beach for a period of forty -eight (48) hours or longer shall be deemed abandoned property and may be impounded by the City. Any bicycle which has been impounded by the City and held for sixty (90) days without redemption by or on behalf of the lawful owner thereof shall, if saleable, be sold at such time and place and in such a manner as required by Civil Code section 2080 et seq. 11.04.100 Violation of Rules and Policies of Department. No person shall disobey or violate any of the written rules, policies or regulations Gf th e sDepanmeatRegulations issued by the Director governing the use and enjoyment by the public of any aadcPark, Park Facility, or park fasplity Beach. 11.04.494110 Ejection. Any person who violates any of the prohibited conduct provisions in this cfrapterChapter shall be guilty of disorderly conduct and may be ejected from the paricPark, Park Facility, or Beach by the Director 9F his, a Park Patrol Officer, a Code Enforcement Officer. Lifeguard, or a peace officer. 11.04.444120 Prohibition Against Obstructing Performance of City Employee. No person shall willfully delay or obstruct any City employee in the performance of his or her duties in a paFk fasii+tyPark, Park Facility, or on a Beach. 11.04.a -24130 Exemption. The provisions of this caapwChapter shall not apply to an employee of the City acting in the course and scope of his or her employment, or to activities or programs of the Recreation and Senior Services Department or authorized by a Special Event permit issued by the Director pursuant to the provisions of Chapter i i- 9211.03 of this Code. 11.04.140 Penalty. A. Any violation of this Chapter is subject to those remedies provided for in Chapters 1.04 and 1.05 of this Code in addition to any other remedies allowed by State and Federal law. B. Any violation of this Chapter is hereby declared to be a public nuisance. 7 V ORDINANCE NO. 2012- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, AMENDING CHAPTER 11.04 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO PARKS, PARK FACILITIES AND BEACHES AND REPEALING SECTION 11.08.080 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO SMOKING ON CITY BEACHES WHEREAS, the City of Newport Beach ( "City ") is a charter city, governed by a charter adopted by the citizens of the City; and WHEREAS, Article XI, Section 5 of the Constitution of the State of California authorizes charter cities to enact ordinances with respect to their municipal affairs; and WHEREAS, the City Council finds and declares that the proposed ordinance relates to matters that are solely a municipal affair and. not matters of statewide concern; and WHEREAS, the City Council finds and declares that the City of Newport Beach presently owns and operates 73 parks and recreational facilities in the City to serve residents and visitors alike and is in the planning stages to build additional parks and recreational facilities; and WHEREAS, the City Council finds and declares that the City of Newport Beach has 6.7 miles of ocean beaches and 2.5 miles of bay beaches which annually attract up to ten million beach visitors; and WHEREAS, the City Council finds and declares that it is the intent of this Ordinance to allow maximum public use of the City's public Parks, Park Facilities and Beaches subject to rules and regulations necessary for administration, use, operation and maintenance of the City's public Parks, Park Facilities and Beaches; and WHEREAS, the City Council finds and declares that it is necessary to provide a method to enforce these rules and regulations by providing peace officers, code enforcement officers and park patrol officers with the authority to cite residents and visitors for violating these rules and regulations; and WHEREAS, the City Council finds and declares that it is the intent of this Ordinance to protect the public health, safety, general welfare, and provide for the public enjoyment of the City's Parks, Park Facilities and Beaches; and 1 WHEREAS, the City Council finds that the proposed ordinance will not result in a direct or reasonably foreseeable indirect physical change in the environment (Section 15060(c)(2) of the California Environmental Quality Act Guidelines); and WHEREAS, this agenda item has been noticed in accordance with the Ralph M. Brown Act (72 hours in advance of the public meeting) and the item appeared upon the agenda for this meeting which was posted at City Hall and on the City's website. NOW THEREFORE, in consideration of the preceding findings and declarations, the City Council of the City of Newport Beach, California, HEREBY ORDAINS as follows: Section 1: to read as follows: Sections: 11.04.010 11.04.020 11.04.030 11.04.040 11.04.050 11.04.060 11.04.070 11.04.080 11.04.090 11.04.100 11.04.110 11.04.120 11.04.130 11.04.140 Chapter 11.04 of Newport Beach Municipal Code is hereby amended Chapter 11.04 PARKS, PARK FACILITIES, AND BEACHES Intent and Purpose. Definitions. General Administration. Park Hours. Closed Park Areas. Permit or Agreement Requirement. Prohibited Conduct. Smoking Prohibited. Abandoned Bicycle. Violation of Rules and Policies of Department. Ejection. Prohibition Against Obstructing Performance of City Employee. Exemption. Penalty. 11.04.010 Intent and Purpose. It is the policy of the City of Newport Beach to allow maximum public use of the City's public Parks, Park Facilities and Beaches subject to rules and regulations necessary for administration and maintenance of the City's public Parks, Park Facilities and Beaches. The City Council finds that these rules and regulations are necessary to preserve and protect the public health, safety and welfare. All persons using the City's public Parks, Park Facilities and Beaches shall comply with the provisions of this Chapter, in addition to any other provisions contained within this Code. Consistent with the provisions of this Chapter, the Director shall be responsible for administering the use of the City's public Parks, Park Facilities and Beaches and shall be authorized to enforce this Chapter and 2 establish and enforce policies, rules and Regulations regarding the use and administration of the City's public Parks, Park Facilities and Beaches. 11.04.020 Definitions. For the purposes of this chapter, the following words and phrases shall have the meaning set forth in this section. "Beach" or "Beaches" means any public oceanfront or bay front beach within the City of Newport Beach, including ocean or bay public piers, public walkways or public strands adjoining beach or bay areas. "Bicycle" means a device upon which any person may ride, which is propelled exclusively by human power through a belt, chain, or gears, and which has one or more wheels. "Bicycle Rack" means a structure or rack specifically designed for the fastening or attaching of bicycles to the structure or rack. "Director' means the Director of the Recreation and Senior Services Department, or his or her designee. "Instructional Activity" means any educational or recreational program or activity involving individual, team, or group instruction that is conducted or performed when there is monetary consideration provided for participation in the program or activity that occurs in a Park, Park Facility, or on a Beach. "Park" or "Park Facility" means all publicly owned or leased property, grounds, parking lots, roadways, venues, bike paths, walking or hiking trails, parks and park - related buildings, facilities and improvements, together with the sidewalks or walkways abutting or adjoining the same, and any school facilities when they are in use as recreational or community center facilities and under the control of the Director. "Park Patrol" and "Park Patrol Officer" means and includes the park patrol officers authorized under Municipal Code Section 1.12.020 of Chapter 1.12. "Person" means an individual, group, organization, association, corporation or any business entity. "Regulations" means the provisions of this Chapter and such rules, policies and regulations established from time to time by the City Council or the Director for the administration of this Chapter. P "Smoke" or "Smoking" means the carrying or holding of a lighted pipe, a lighted cigarette, or any other lighted smoking equipment of any kind, or the lighting of a pipe, cigar or cigarette of any kind; or inhaling, emitting, or exhaling the smoke from a pipe, cigar, cigarette or any other smoking equipment of any kind. 11.04.030 General Administration. A. Any activity held at a Park, Park Facility, or Beach will be conducted according to the Regulations of this Chapter and all applicable laws, including fire and safety regulations and applicable provisions of this Code. B. Any person or group of people violating the Regulations or conditions of any permit shall be subject to the immediate revocation of Park or Park Facility use privileges provided in the permit. The City shall be entitled to retain all fees previously paid. C. Any person using a Park, Park Facility, or Beach shall be liable and responsible for paying for any damage to any person or property including, but not limited to, City property connected with such use. D. When groups or organizations desire to use a Park or Park Facility on a repetitive ongoing basis, they shall first obtain the Director's approval through a separate Park or Park Facility use agreement. No person shall violate any conditions set forth in a use agreement or continue to conduct any activity or use for which a use agreement is required upon revocation of a use agreement. E. Use of a Park or Park Facility for group activities or events shall not interfere with the public enjoyment of the Park or Park Facility; detract from the health, safety, welfare or recreation of the general public; cause unusual or extraordinary expense to the City; nor draw crowds in excess of the capacity of the Park or Park Facility. F. Scheduling procedures, use Regulations, and application processes for City Park or Park Facilities shall be determined by the Director. 11.04.040 Park Hours. No person shall enter or remain upon any Park or Park Facility between the hours of eleven (11:00) p.m. and six (6:00) a.m the following morning. 11.04.050 Closed Park Areas. When necessary for the protection of the public interest, health, or welfare, the Director, Chief of Police, Fire Chief, or their designee shall have the authority to close from public access or use, any Park, Park Facility, or portion thereof, on a temporary basis. No person shall enter or remain upon areas posted or publicly noticed as closed. 0 11.04.060 Permit or Agreement Requirement. A. The Director may issue permits allowing use of a Park or Park Facility, or portion thereof, by one or more persons to the exclusion of others in connection with planned social occasions such as birthday parties, programs and recreational activities. No person other than the person authorized by the permit shall enter or remain on designated Park or Park Facility, or portion thereof, during the period covered by the permit. All Park or Park Facility use permits issued may only be used by the permit holder. Director permits are non - transferable. B. The Director shall have the authority to post reservation notices at a Park or Park Facility, or portion thereof, notifying the public that a Park or Park Facility, or portion thereof, is reserved for exclusive use during a specified time period, pursuant to a permit. No person shall disobey any reservation notice posted or issued by the Director relating to the use of any Park or Park Facility, or portion thereof, site, tables or other public accommodations identified in the permit. C. Any person that wishes to use a Park, Park Facility, or a portion thereof, for repetitive athletic league, team or group sporting activity, including any games, practices, clinics, or other sport related events, shall first obtain a permit or use agreement from the Director authorizing said use prior to occupying the Park, Park Facility, or portion thereof, for said activities. D. No person shall conduct or perform any Instructional Activity for monetary consideration in a Park, Park Facility, or on a Beach without first obtaining a written agreement from the Director to conduct or perform said Instructional Activity in a Park, Park Facility, or on a Beach. No person shall violate any conditions set forth in said written agreement or continue to conduct any activity or use for which said agreement is required upon revocation of said agreement. E. Any person not having a permit for the use of a Park or Park Facility shall surrender or turn over possession of the Park, Park Facility, or portion thereof, to any person having possession of a valid permit from the Director. A person not having a permit from the Director shall not refuse to or fail to surrender the use of such Park, Park Facility, or portion thereof, to any person who has a permit for the use of such Park, Park Facility, of portion thereof, from the Director. 11.04.070 Prohibited Conduct. It is unlawful for any person to conduct, perform or participate in any of the following activities at any Park, Park Facility, or Beach, unless otherwise authorized to do so by the Director: 5 A. Hit, strike or chip a golf ball except in designated areas for such purposes. B. Rollerblade, roller skate or skateboard on any public tennis or sport court. C. Remove, damage or destroy any athletic equipment or paraphernalia provided by the City for use, except, this section shall not apply to an employee of the City who removes athletic equipment, or paraphernalia while engaged in the course and scope of his or her employment. D. Play basketball on any outdoor public basketball court within three hundred (300) feet of any residentially zoned parcel, between sunset or seven (7:00) p.m., whichever is later, and eight (8:00) a.m the following morning. E. Use any Park or Park Facility when a fee is charged, or permit or use agreement is required without first having paid the required fee or having received any required permit or use agreement as required under sections 11.04.030(D) or 11.04.060. F. Drive, propel, ride or park or leave standing any vehicle propelled by a motor except in areas designated for such purposes, except, this section shall not apply to an employee of the City acting in the course and scope of his or her employment, or to activities authorized by a special event permit issued pursuant to the provisions of Chapter 11.03 of this Code. This section does not permit public parking of event attendees. G. Camp or lodge except in places designated for such purposes and with specific permission from the City to do so. H. Continuing to conduct or perform any event, activity, behavior or conduct that is determined to be unsafe, a nuisance, or a disturbance to the public by the Director, a Park Patrol Officer, Code Enforcement Officer, Lifeguard or peace officer after the person or group of people conducting or performing the event, activity, behavior or conduct has been issued a verbal or written warning that said event, activity, behavior or conduct has been determined to be unsafe, a nuisance, or a disturbance to the public. 11.04.080 Smoking Prohibited. A. No person shall Smoke or be Smoking in a Park, Park Facility, or Beach or within 100 feet of a Park, Park Facility, or Beach while the person is located on public property. This prohibition shall not apply to a person in a car or truck that is being driven on a public street or in a parking lot. B. Notwithstanding section 11.04.080(A), until September 30, 2013, the City Manager may designate a Smoking area for regular, recurring activities or meetings in a Park [N or on a Beach where Smoking will not be prohibited if the organizer of the regular, recurring activity or meeting obtains a valid permit issued by the City Manager that regulates the regular, recurring activity or meeting size, number of attendees, day of the week and time of the day of the use, location of the use, parking, smoking, trash removal, and any other issues associated in any way with use. C. No person shall dispose of any cigarette, cigar or tobacco, or any part of a cigarette or cigar, including cigarette or cigar butts or ashes or used matches in any place where smoking is prohibited under this Chapter, except any specifically designated smoking waste receptacle. D. Punishment under this section shall not preclude punishment pursuant to Health and Safety Code section 13002, Penal Code section 374.4, or any other law proscribing the act of littering. Nothing in this section shall preclude any person from seeking any other remedies, penalties or procedures provided by law. 11.04.090 Abandoned Bicycle. Any bicycle that is attached or fastened to any City property, including a Bicycle Rack, or left in a Park, Park Facility, or on a Beach for a period of forty -eight (48) hours or longer shall be deemed abandoned property and may be impounded by the City. Any bicycle which has been impounded by the City and held for sixty (90) days without redemption by or on behalf of the lawful owner thereof shall, if saleable, be sold at such time and place and in such a manner as required by Civil Code section 2080 et seq. 11.04.100 Violation of Rules and Policies of Department. No person shall disobey or violate any of the written rules, policies or Regulations issued by the Director governing the use and enjoyment by the public of any Park, Park Facility, or Beach. 11.04.110 Ejection. Any person who violates any of the prohibited conduct provisions in this Chapter shall be guilty of disorderly conduct and may be ejected from the Park, Park Facility, or Beach by the Director, a Park Patrol Officer, a Code Enforcement Officer, Lifeguard, or a peace officer. 11.04.120 Prohibition Against Obstructing Performance of City Employee. No person shall willfully delay or obstruct any City employee in the performance of his or her duties in a Park, Park Facility, or on a Beach. 7 11.04.130 Exemption. The provisions of this Chapter shall not apply to an employee of the City acting in the course and scope of his or her employment, or to activities or programs of the Recreation and Senior Services Department or authorized by a Special Event permit issued by the Director pursuant to the provisions of Chapter 11.03 of this Code. 11.04.140 Penalty. A. Any violation of this Chapter is subject to those remedies provided for in Chapters 1.04 and 1.05 of this Code in addition to any other remedies allowed by State and Federal law. B. Any violation of this Chapter is hereby declared to be a public nuisance. Section 2: Section 11.08.080 of Newport Beach Municipal Code is hereby repealed in its entirety. Section 3: 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 4: Neither the adoption of this ordinance nor the repeal of any other ordinance of this City shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date hereof, nor be construed as a waiver of any license or penalty or the penal provisions applicable to any violation thereof. The provisions of this ordinance, insofar as they are substantially the same as ordinance provisions previously adopted by the City relating to the same subject matter, shall be construed as restatements and continuations, and not as new enactments. Section 5: The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within fifteen (15) days after its adoption, and it shall be effective thirty (30) 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 , 2012, and adopted on the day of , 2012, by the following vote, to -wit: 3 AYES, COUNCILMEMBE NOES,COUNCILMEMBERS ABSENT, COUNCILMEMBE MAYOR ATTEST: LEILANI I. BROWN, CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE By: : ! AARON C. HARP, CITY ATTORNEY � <�� �. \1 \\ �' W