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HomeMy WebLinkAbout18 - Regulations for Parks, Park Facilities�EWPORr CITY OF BEACH City Council Staff Repot Agenda Item No. 18 February 14, 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: v v 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. This item was continued from the January 24, 2012 Council agenda due to the meeting running into the late hours of the evening. 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 28, 2012. FUNDING REQUIREMENTS: There are no additional appropriations being requested related to this item. However, enforcement will be fairly resource intensive at the onset with existing Park Patrol, Police Department and Code Enforcement staff providing education and enforcement related to the new smoking restrictions in parks and adjacent to the beachfront. 176Y6iIR1418110i; 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 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. February 14, 2012 Page 2 Officers and Park Patrol Officers the necessary authority to ensure the safety and enjoyment of those utilizing these amenities. 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 ocean front or bay front beach within the City of Newport Beach, including ocean or bay public piers, public floats, public wharves or public strands adjoining public ocean front or bay front beach 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 or 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 & 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 & 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. The recommended changes to prohibited conduct include no smoking in or within 100 feet of parks and beaches for the health and enjoyment of those visiting these areas. The City of Newport Beach currently prohibits smoking on beaches, Oceanfront 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. February 14, 2012 Page 3 Boardwalks and piers and within twenty -five (25) feet of a playground, twenty (20) feet of a community center, or in any public 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. Attachment D provides three maps illustrating the 100 foot buffer and its adjacency to businesses along the beachfront. Notices regarding the proposed changes were sent to the 10 businesses fronting the 100 foot buffer zone. 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, clarifying language is recommended regarding performing any Instructional Activity for a fee on public property requires obtaining a written agreement from the Director. The General Administration section of the existing code speaks to this issue and requires use agreements for ongoing use to ensure the general public's access of park facilities, ensuring they are well maintained and that the facilities have the capacity to accommodate such uses. Furthermore, existing code provides for the Director to determine use regulations as deemed necessary to protect the public and reduce liability to the City. The Department encounters private businesses or individuals using the City's public parks and beaches to perform Instructional Activities in exchange for money. 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 without contributing to the overall maintenance and management of the facilities they are using. 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 ensure processes are in place to provide safe Instructional Activities for youth and adult participants, limit City liability and minimize commercialization of these public areas. The Department effectively manages an ever growing contract instructor program with over 200 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. February 14, 2012 Page 4 individuals and businesses that provide safe, structured and well rounded recreation programs for the community. The Parks, Beaches & 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, 2011 and provided feedback to rework language regarding restricted smoking areas and prohibited conduct to assure there are no un- intended consequences related to the changes. 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: aura Detweiler, 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) D. Maps of 100 Foot Buffer Zones — Beachfront Businesses ON Via Chapter 11.04 PARKS, PARK FACILITIES RULES3 AND REGULATIONS BEACHES 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. 11.04.100 qeGtOGR. 1104110 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 paru raatiesParks, Park Facilities and Beaches subject to rules and regulations necessary for administration and maintenance of pare and 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 pack -fackesParks, Park Facilities and Beaches shall comply with the provisions of this Vie- Chapter, in addition to any other provisions contained within this Code. Consistent with the provisions of this Chapter, the Director 9f ReGFP-Rt;MR and shall be responsible for administering the use of the City's public part faG litesParks. Park Facilities and Beaches and shall be authorized to enforce this Chapter and establish and enforce all applGabie Gedespolicies, rules and regulaWnryRegulations regarding the use and administration of of Plewpea-Beast -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 ocean front or bay front beach within the Citv of Newport Beach, including ocean or bay public piers. public floats, public wharves or public strands adjoining public ocean front or bay front beach 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. 1. 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. 4.42 020 of GhapteF 1.12. la ^s -Et e --- Is of this Ghapter" Reg ulations" 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 ehagwC h a pte r. "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 parras , Park, Park Facility.. or Beach will be conducted according to the regatat;onsRequlations of this chapterCChapter and all applicable laws, including fire and safety regulations and applicable mun r Gpal cede- provisions of this Code. B. Any person or -group of people violating the regulatensRegulations or conditions of any permit shall be subject to the immediate revocation of park faciiityPark or Park Facilitv use privileges andprovided in the permit. The City wili-shall be entitled to retain all fees previously paid. C. Any persens ep rson using a Park-faslityPark, Park Facilitv, or Beach shall be liable and responsible for paying for any damage to OF 1066 of 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 faG"yPark or Park Facilitv on ana repetitive engeing basis, ssethey shall be- subjes rst obtain the Director's approval through a separate Park iaG tyPark or Park Facilitv 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 park- iaG!;# 6a Park or Park Facilitv for group activities or events shall not interfere with the public enjoyment of the parkPark or Park Facilitv; 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 paFk fa04ityPark or Park Facilitv. Scheduling procedures, use regulatiensRegulations, and application processes for City paFk fac;ilttresPark or Park Facilities shall be determined by the Director. 11.04.040 _Park Hours. No person shall enter or remain upon any pa* fa0ikyPark 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 Pub1s- 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. The Director may issue permits allowing use of Park fasii tie 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 personal other than the persons; authorized by the permit shall enter 3 or remain on designated park areasPark or Park Facility, or portion thereof, during the period covered by the permit. All parr tadli 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 park- fa�a Park or Park Facility, or portion thereof, notifying the public that a park facil yaark or Park Facility, or portion thereof, is reserved for exclusive use during a specked 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 fasiiicyPark 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 €aoiifyPark, or Park Facility shall surrender or turn over possession of the park faeilifyPark, Park Facility or portion thereof, to any person having possession of a valid permit from the Director. tt -shaA be- unlawful - for any A person not having a permit from the Director teshall not refuse to or fail to surrender the use of such pa* fasitityPark, Park Facility, or portion thereof, to any person who has a permit for the use of such Park-fae lityPark, Park Facility, or portion thereof, from the Director. 11.04.070 AthleticLeagues PeFraitRequiFed. 4484099 Prohibited Conduct It is unlawful for any person to conduct, perform or participate in any of the following activities at any Park— fasili Park, Park Facility, Beach, or Oceanfront Boardwalk unless otherwise authorized to do so by the Director,; A. Hit, strike or chip a golf ball except in designated areas for such purposes. B. Rollerblade, roller skate or skateboard on any public tennis or sport court. C. Remove, damage or destroy any athletic equipment or paraphernalia provided by the City for use e, xcept, 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 paFk faGII ty fGF WhIGhPark or Park Facility when a fee is charged- or permit or use agreement is required without first having paid the required fee ardor 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 bisysae OFD vehicle propelled by a motor except in areas designated for such purposes, boweverexcept, 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 44 03 ef this Gode 11.03 of this Code. This section does not permit public parking of event attendees. {25} , -4? 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. Beach, or Oceanfront Boardwalk 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 an alley or in a car or truck that is being driven on a public street, alley 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 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 Bicvcle Any bicycle that is attached or fastened to any City property, including a Bicycle Rack or left in a Park, Park Facility, on a Beach. or Oceanfront Boardwalk 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 ninety (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 seg. 11.04.100 Violation of Rules and Policies of Department. No person shall disobey or violate any of the written rules, policies or regwlatiens of the rtmentRegulations issued by the Director governing the use and enjoyment by the public of any pa*Park, Park Facility, or park4aG4ity- Beach. 11.04.100 110 Ejection. Any person who violates any of the prohibited conduct provisions in this G4apwChapter shall be guilty of disorderly conduct and may be ejected from the pwkPark. Park Facility, or Beach by the Directornr his, a Park Patrol Officer, a Code Enforcement Officer. Lifeguard, or her designee or the °n1 G° DeD @FtmeR a Peace Officer. 11.04.0 -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 pa* fariii Park, Park Facility, or on a Beach. 11.04.42&130 Exemption. The provisions of this G4apterChapter 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 t e311.03 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 VC I v r F-rclo Ll Ll ll UNI)II, S (VOK 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: Chapter 11.04 of Newport Beach Municipal Code is hereby amended 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 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 Exemption. Penalty. 11.04.010 Intent and Purpose. Performance of City Employee. 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 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 ocean front or bay front beach within the City of Newport Beach, including ocean or bay public piers, public floats, public wharves or public strands adjoining public ocean front or bay front beach 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. "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 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. 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, Beach or Oceanfront Boardwalk unless otherwise authorized to do so by the Director: A. Hit, strike or chip a golf ball except in designated areas for such purposes. B. Rollerblade, roller skate or skateboard on any public tennis 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, Beach, or Oceanfront Boardwalk 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 an alley or in a car or truck that is being driven on a public street, alley 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 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, on a Beach, or Oceanfront Boardwalk 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 ninety (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. 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: AYES, COUNCILMEMBE NOES, COUNCILMEMBE ABSENT, COUNCILMEMBER MAYOR ATTEST: LEILANI I. BROWN, CITY CLERK APPROVED AS TO FORM: CITY ATTORNE;Y' O�ICE� MEON C. HARP, CITY ATTORNEY Q T `7 f' ` f� .0 ri �T F �r T 1.` y e � u l_ ,c ��� L �� 1� �: 1 i y �! s !X)l u� L - 01, LIC f� r i k r= � l~ u, I 1 *1) Pipeline *2) Charlie's Chili 3) Jane's Corndogs 4) Sol Grill 5) Baja Sharkeez i 6) II Farro 7) Rockin Baja Cantina 8) 21 Oceanfront /Doryman's Inn 9) Perry's Pizza 10) II Gelato 11) Beach Ball Bar 12) Blackie's by the Sea Bar 13) The O Cafe 14) MuttLynch's c *15) Newport Beach Hotel ,Iy >�+ * Within 100 buffer OW r. s , X. 1s i r, o Vi 12 11 41 aA .a "G i Disc a, me r This in a pis to, prementremer, purposes orry and is not depuldst, story r ...... his short has �dsn Made u ad ... , he ad . . is . . . Inks ., mossed, Mind rertersomme Me, be road d The map Is intended to shose areas where smoking would be prohibited; hm, Other mars where ommord wom it be prehishted may exist The wast mumaxompted expire... insider be the d1l, al kronor, death, it, amplo'ding or agents Make no warramas miderentess either expressed or implied he in the h-platendis aroured, ` at,, In... al In, sam, mer ancepo, aw set, and, from rd, re-del, Isomplare or Parks /Beaches /Piers W;: Community Center Residential 100 Foot Buffer 12 11 41 aA .a "G i Disc a, me r This in a pis to, prementremer, purposes orry and is not depuldst, story r ...... his short has �dsn Made u ad ... , he ad . . is . . . Inks ., mossed, Mind rertersomme Me, be road d The map Is intended to shose areas where smoking would be prohibited; hm, Other mars where ommord wom it be prehishted may exist The wast mumaxompted expire... insider be the d1l, al kronor, death, it, amplo'ding or agents Make no warramas miderentess either expressed or implied he in the h-platendis aroured, ` at,, In... al In, sam, mer ancepo, aw set, and, from rd, re-del, Isomplare or _ 70 OCEgNFROry *1) Cabo Cantina *2) Castaways Casuals *3) BJ's Pizza & Grill *4) Balboa Inn - Siena Restaurant *5) Bella Luna Cafe *6) Tacos Cancun 7) The Shorehouse Cafe 8) Cote D' Azure Cafe * Within 100' buffer w 7 _ JA`m A_ 411 r, (Z Y ti �.. Parks /Beaches /Piers! Community Center Residential 100 Foot Buffer fI. /. , f r R � J All 4 � �r r- a Them, r-end,d t, how areas where m,kirt, w,,W be p,,h,b,t,d, h—, other x,exx where —ker, r d bet *1) Stuft Surfer Cafe 2) Fry's Market * Within 100' buffer u .g =s Am -r r Ir I N x H aN x �a r f The any, to irt, areas where sholang would be parrablands, however, other areas where smoking V-7-Y; rrr es T 01 ?do. � Parks /Beaches /Piers � r Center Community �i rt 4 ~ N Residential OCEANFRONT W aN x �a r f The any, to irt, areas where sholang would be parrablands, however, other areas where smoking ?do. Parks /Beaches /Piers .5„ a. Center Community Residential 100 Foot Buffer aN x �a r f The any, to irt, areas where sholang would be parrablands, however, other areas where smoking "RECEIVED AFTER AGENU NOTICE c, +•,ore] -r..11 On Tuesday, February 14, 2012, at 7:30PM, a public discussion will be conducted in the City Council Chambers (Building A) at 3300 Newport Boulevard, Newport Beach. The Newport Beach City Council will consider proposed amendments pertaining to rules and regulations for parks, park facilities and beaches. The proposed amendment addresses prohibited conduct and it expands an existing smoking ban applicable to public property. Currently, smoking is prohibited on beaches, ocean front public walkways and piers and within twenty -five (25) feet of a playground, twenty (20) feet of a community center, or in any public buildings or a portion thereof. The recommended changes to the ordinance would prohibit smoking in or within 100 feet of parks, park parking lots, and beaches. The recommended changes would not apply to private property. Your business falls within 100 feet of a designated park or a beach, and the proposed ordinance will affect allowed conduct within public property near or abutting your business. 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. All interested parties may appear and present testimony in regard to this application. If you challenge this project in court, you may be limited to raising only those issues you or someone else raised at the public hearing (described in this notice) or in written correspondence delivered to the City, at, or prior to, the public hearing. The agenda, staff report, and documents may be reviewed at the Planning Division (Building C, 2nd Floor), 3300 Newport Boulevard, Newport Beach, California, 92663. or at the City of Newport Beach website at www.newportbeachca.gov on the Monday prior to the hearing. For questions regarding details of the proposed ordinance change, please contact Tara Finnigan, Public Information Officer. at 949 - 644 -3035. Leilani Brown, City Clerk Brown, Leilani From: Lori Morris Ilorirmorris @gmail.com] Sent: Monday, February 13, 2012 1:09 PM To: Kiff, Dave; Brown, Leilani; Henn, Michael; Rosansky, Steven; Hill, Rush; Daigle, Leslie; Selich, Edward; Gardner, Nancy; Curry, Keith Subject: Smoking Ordinance City Council, Staff, City Manager, Clerk, To be entered into the Public Record: Council and staff, It has not been easy to understand exactly what this "No Smoking" Ordinance is supposed to regulate, in my opinion the staff report has been vague and I'm concerned with the verbiage used for the "exemption" portion. It seems that Drug Rehab Operators will be exempt from this ordinance for their beach meetings. The Development Agreements have portions that contain when and how much cigarette smoke is allowed on their patios and back yards ... yet these beach meetings that effect many more residents and visitors are being given a status that is NOT given to any other group. By doing this you will be opening the city up for consequences in favoring one group over another. Analogy: A family rents a beach house for a family reunion. 50 to 75 people will be attending a party on the beach. This particular family has many members addicted to smoking, right next to them is a "Group" meeting for AA and paying clients for the many Drug Rehabs in Newport Beach and Costa Mesa (since they van them down the hill to these meetings) ... the police arrive and ticket the family members at the reunion for smoking on the beach... yet the "Group" meeting members are not ticketed and fined. Exactly HOW is that fair? And how will that play out when that family makes the claim that EVERYONE in the group right next to them is smoking ?. This is not an acceptable ordinance as written and the portion carving out yet ANOTHER niche for Rehab Operators is obtuse and frankly discriminatory. If you are going to implement a ban? It should encompass EVERYONE at the same time... you cannot give a "Trial Period" for one group over everyone else... either it's a good, enforceable Ordinance or it is not, either you are concerned for the health and safety of everyone or you are not. You are banning "workout" groups that are actually in the business of good health... yet leaving an entire group to continue smoking with the city's blessing... this does not make sense. I've listed the portions below that are of concern. I respectfully request that EVERYONE be treated equally and that all visitors, residents and clients of businesses be made to comply with this smoking ban ( If you choose to implement it) regardless of their perceived differences. Thank You, Lori Morris 18. 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. 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. Staff Report Notwithstanding section I 1.04.080(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 he 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. From the INSIDER's REPORT First reading of a new "No Smoking in Parks" ordinance. This comes back to Council after earlier review, and would ban smoking in City parks + within a 100' buffer zone of public property around the parks (or beaches or piers). The City already prohibits smoking on public piers, beaches, and Ocean Front Walk. This will have some controversy to it, including the 100' buffer zone concept. I also have proposed that the Council consider a limited authorization to create a "trial period" to actually allow some smoking on beaches in a limited area during a limited time (2 hours) far away from others by specific groups under a special permit. This too is controversial. The groups that tend to have smoking problems include recovery groups that meet on the beach Saturday and Sunday mornings near 15th and 16tt' Streets. The reason for the limited area provision is because I know that smoking bans are tough to enforce — and I think that most Ocean Front Walk users would experience less secondhand smoke from these meetings if smokers were far away (way out on the sand) from 15th or 16thStreet. I will candidly admit that don't know what the right answer is - but the discussion will be good, I'm sure. 2 Brown, Leilani From: Denys Oberman [dho @obermanassociates.com] Sent: Tuesday, January 24, 2012 6:37 PM To: Gardnerncy @aol.com; Henn, Michael; Hill, Rush; Curry, Keith; parandigm @aol.com; Daigle, Leslie; Kiff, Dave Cc: Brown, Leilani; Canalis, John Subject: Proposed Ordinance Amending Chapter 11.04 of NBMC -rules and regulations for parks,facilities and beaches pertaining to Smoking Importance: High Sensitivity: Confidential Follow Up Flag: Follow up Flag Status: Flagged PLEASE ENTER INTO THE PUBLIC RECORD AND DISTRIBUTE. Mayor and Council Members: I, personally and other members of the public have previously entered comment and testimony into record when this amendment was previously proposed by staff in June, 2011 subsequent to discussion of EQAC, with the City requesting reworks in July, 2011. We commend staffs efforts to address this important issue. 1. IT IS LEGALLY ACKNOWLEDGED AND CLINICALLY CONCLUDED THAT SECOND HAND SMOKE IS A SERIOUS,KNOWN CARCINOGEN- 2. THE CALIFORNIA DEPARTMENT OF PUBLIC HEALTH INDICATES THAT "IT IS YOUR RIGHT TO LIVE IN A SMOKEFREE ENVIRONMENT, AND NOT HAVE INVOLUNTARY EXPOSURE TO SECOND HAND SMOKE" 3. THE YOUTH OF NEWPORT BEACH, SUPPORTED BY SEVERAL FOUNDATIONS, PETITIONED FOR A SMOKEFREE ENVIRONMENT ON THE BEACH AND IMMEDIATELY SURROUNDING AREA. - -- -AND AN ORDINANCE ENACTED BY THE CITY in 2004(but not enforced) 4. HEALTH HAZARDS AND SECONDARY IMPACTS ARE CREATED BY CONCENTRATIONS OF SMOKING /GROUPS & USES WITH PROPENSITY TO ATTRACT SMOKERS (Groups loitering , littering in inappropriate areas and areas where behavior is incompatible with surround uses). Comments and requests for modification, based on extensive clinical studies, and the public policy reviews of the over 1,900 are requested as follow. Page 2, paragraph 5 should read:..when... "monetary OR OTHER consideration ". Page 2, para. 6 should read: any "school OR SURROUNDING PLAYGROUNDS OR TOT LOTS', and; eliminate the exception of "when they are in use as recreational or community center facilities... ... To avoid ambiguity and confusion. Page 3, 11.04,030 - General Administration: Item D.: change to Use agreement. Question- shall a Use permit be required to operate ?We believe that it should. Item E: At what capacity does a "group" or Use" detract from the health In the event of a group /Use With respect to the beach or another large park, a large capacity can be absorbed physically,per se, but can generate CONCENTRATIONS OF SMOKE AND OTHER ADVERSE IMPACTS. PAGE 4,item C: shall obtain a Special event or other USE Permit(language "Use agreement" is overly vague and potentially confusing) Page 5 Item A.: change to read "within 300 ft." Page 6, item B. This is an invitation to abuse of power and influence peddling. The City can designate where ANY regular recurring activities or meetings can be, and should do so, particularly where the Group or Use has concentrations of smokers who participate. There are a number of locations where such Uses could be permitted WITHOUT close proximity to schools, day care, seniors activity or residential areas.(ex of a potentially compatible area.: at/under Balboa Pier in front of parking lot on beach). The reality demonstrated since the initial Ordinance was passed in 2004 is that, without ENFORCEMENT, certain groups have blatant disregard for the spirit and letter of the law, and the neighbors. Beach or Park meetings can be designated,No Smoking area meetings. Those who insist on Smoking can attend meetings where non - smokers and the public are insulated from the impacts. Page 7: Penalty section B. Add:" declared to be a public nuisance, and cited and fined. Groups or Uses with 3 progressive citations subject to Abatement/revocation of Permit. A previous written commentary was submitted to the City, and we request that it be entered into the Public Record accompanying the City Council and staff's current Ordinance Review and approval process. IN CLOSING: PUBLIC AREAS REMAIN HEALTHFUL AND ECONOMICALLY ATTRACTIVE WHEN SMOKEFREE AND LITTER IS MINIMIZED THE CITY HAS A DUTY TO PROTECT THE PUBLIC FROM INVOLUNTARY EXPLOSURE TO SECOND HAND SMOKE. GROUPS OR USES WITH CONCENTRATIONS OF SMOKERS CAN BE LOCATED IN AREAS WHERE RECREATIONAL AND OTHER OPEN SPACE INTEGRITY IS NOT COMPROMISED. SEE Hermosa Beach, Manhattan, Carmel,Santa Monica. These are significant destinations and communities whose economies have benefited from such ordinances. Thank you for your consideration. Regards, Denys H. Oberman, CEO 00PERA Smtugv vixi iirwncktl Atl•:fsern OBERMAN Strategy and Financial Advisors 2600 Michelson Drive, Suite 1700 Irvine, CA 92612 Tel (949) 476 -0790 Cell (949) 230 -5868 Fax (949) 752 -8935 Email: dho(a)obermanassociates.com CONFIDENTIALITY NOTICE: The documents accompanying this transmission contain confidential information belonging to the sender which is legally privileged. The information is intended only for the use of the individual or entity named above. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or the taking of any action in reliance on the contents of this telecopied information is strictly prohibited. If you have received this transmission in error, please notify us immediately at 9491476 -0790 or the electronic address above, to arrange for the return of the document(s) to us. Brown, Leilani From: Denys Oberman [dho @obermanassociates.com] Sent: Monday, February 13, 2012 4:24 PM To: Gardnerncy @aol.com; Henn, Michael; Curry, Keith; parandigm @aol.com; Daigle, Leslie; Hill, Rush; Kiff, Dave; Brown, Leilani Subject: ORDINANCE No. 2012 -6 amending Chapter 11.04 of Title II NBMC ... re SMOKING BEACHES AND PARKS Importance: High Sensitivity: Confidential FOR DISTRIBUTION. PLEASE ENTER INTO THE PUBLIC RECORD. Mayor Gardner and Council Members: The protection of our families,friends and visitors from involuntary exposure to second hand smoke, and preservation of their ability to enjoy relaxation and recreation in a Smokefree Environment, is a very important issue. Newport Beach 's fundamental character, environment, and economic base is driven by the quality of its coastal and open space offering. I have previously submitted specific comments to the City and the public record regarding the proposed Ordinance. I note that the Staff Report has altered its recommendation from prior versions. Therefore,) summarize new comments below: 1. The proposal to restrict Smoking to 100 ft. from all City parks, beaches is a sound one. Without this, there remains a concentration of smoke plume and litter in the open areas, with related adverse environmental impacts and health issues . 2. The regulation of SMOKING is a public health and environmental issue that should apply Universally Without Exception to All. 3. ANY and ALL GROUP MEETINGS AND USES which accept or promote concentrations of Smoking should be restricted. This is NOT just about Rehab meetings - - -it is about ALL uses and meetings. Staff recommends a clear preference against the public and in favor of a special interest group by proposing to except drug rehab organizations from respecting and complying with the regulations. It is nonsensical to suggest that an Exception or Trial period be established for this..or any.. group. We request that the Council revise and approve an Ordinance which: - Protects ALL of our parks and beaches - Ordinance universally applied WITHOUT EXCEPTION - Violation be subject to citation and fines. - Public announcement of Ordinance, clear simple signage, and regular enforcement can make this successful. There is NO REASON TO ACCOMODATE Smoking of individuals or groups in these areas. And EVERY REASON TO PROTECT the quality of our environmental, and public health. Relative to the specific commercial regularly scheduled rehab groups that meet at 141h -15`h street every weekend, the management and participants have continually and willfully disregarded both the letter and spirit of existing ordinances which prohibit Smoking and littering on beaches, boardwalks,and piers. NO GROUP SHOULD BE ENTITLED or PERMITTED TO REGULARLY EXPOSE OTHERS TO CONCENTRATIONS OF SECOND HAND SMOKE. Thank you for your consideration. Denys OBERMAN Resident and Community member We believe that it would be a violation of the Brown Act and due process for this first reading to be waived and passed to second reading without the opportunity for Public input and testimony associated with the rounds of reading and discussion. Regards, Denys H. Oberman, CEO 01®BERMAN S::atagy anti Rnanctal Advls OBERMAN Strategy and Financial Advisors 2600 Michelson Drive, Suite 1700 Irvine, CA 92612 Tel (949) 476 -0790 Cell (949) 230 -5868 Fax (949) 752 -8935 Email: dho cDobermanassociates.com CONFIDENTIALITY NOTICE: The documents accompanying this transmission contain confidential information belonging to the sender which is legally privileged. The information is intended only for the use of the individual or entity named above. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or the taking of any action in reliance on the contents of this telecopied information is strictly prohibited. If you have received this transmission in error, please notify us immediately at 9491476.0790 or the electronic address above, to arrange for the return of the document(s) to us. Brown, Leilani From: Denys Oberman [dho @obermanassociates.com] Sent: Monday, February 13, 2012 4:44 PM To: Gardnerncy @aol.com; Henn, Michael; Kiff, Dave; Brown, Leilani; Harp, Aaron Subject: SMOKING ORDINANCE -First reading Importance: High Sensitivity: Confidential PLEASE ENTER INTO PUBLIC RECORD. We see that Staff has recommended that the Council can vote to Waive the first reading. We believe that this is a violation of due process, and likely the Brown Act. The public and the Council need to be afforded the opportunity for public review, comment and testimony for each and all of the Three rounds. Thank you. Regards, Denys H. OBERMAN OBERMAN Strategy and Financial Advisors 2600 Michelson Drive, Suite 1700 Irvine, CA 92612 Tel (949) 476 -0790 Cell (949) 230 -5868 Fax (949) 752 -8935 Email: dho(@obermanassociates.com CONFIDENTIALITY NOTICE: The documents accompanying this transmission contain confidential information belonging to the sender which is legally privileged. The information is intended only for the use of the individual or entity named above. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or the taking of any action in reliance on the contents of this telecopied information is strictly prohibited. If you have received this transmission in error, please notify us immediately at 9491476.0790 or the electronic address above, to arrange for the return of the document(s) to us. Brown, Leilani From: Laura Curran [lauracurran @me.com] Sent: Monday, February 13, 2012 6:48 PM To: Brown, Leilani Subject: Fwd: Consideration of NO SMOKING IN PARKS Ordinance - Please enter in Public Comment Leilani: Please enter in the public record. Thank you Laura Curran Begin forwarded message: From: Laura Curran <lauracurran(cDme.com> Subject: Consideration of NO SMOKING IN PARKS Ordinance - Please enter in Public Comment Date: January 24, 2012 10:11:10 AM PST To: CityCouncil(a)newportbeachca.gov Cc: David Kiff < dkiff (a�city.newport- beach.ca.us >, Leilani Brown <LBrown(d_)city.newport- beach.ca.us> Council members: Tonight you will consider the NO SMOKING IN PARKS Ordinance, originally reviewed and proposed by EQAC. EQAC made its recommendation, with the existing ordinance which restricts smoking at beaches as a baseline. EQAC did not foresee or consider any option which would expand SMOKING options on the Beaches. I urge you to adopt the NO SMOKING IN PARKS Ordinance. Second, in the pre- Council INSIDER's REPORT, Dave Kiff has asked COUNCIL to consider a proposal to allow limited SMOKING ON BEACHES in restricted areas. We do not have consistent enforcement of the SMOKING BAN on the Peninsula Beach, at the Pier and Boardwalk now. Adding more areas which need to be monitored will harm residents and visitors using the beach for recreation and create a bigger enforcement challenge. This would be a mistake and should not be considered. 1. Beach visitors who are recreating, walking, swimming, and relaxing on the beach would be subject to smoke in these areas. Just as in the days when Smoking was allowed on an airplane, those nearby are impacted by the smoke. 2. The pollution from smoke butts would create another problem. The NB Pier is already littered with smoke butts because the NON Smoking Ordinances are not enforced consistently there. Adding another area of "SAFE SMOKING" would create another beach pollution issue. 3. Regulation of the existing Beach Smoking ordinance would be more difficult. Our NBPD would now be required to explain the nuances of the ordinance further. Regulation on smoking at the beach can be clearly enforced with the existing ordinance. NBPDD and City Staff know when and where large group meetings take place. Enforcement by NBPDD, Park Rangers, or Parking Enforcement can be conducted /focused on those areas at meeting times. Thank you for maintaining and strengthening the protection for residents and visitors from 2nd and 3rd hand smoke. Laura Curran From the INSIDER's REPORT First reading of a new "No Smoking in Parks" ordinance. This comes back to Council after earlier review, and would ban smoking in City parks + within a 100' buffer zone of public property around the parks (or beaches or piers). The City already prohibits smoking on public piers, beaches, and Ocean Front Walk. This will have some controversy to it, including the 100' buffer zone concept. I also have proposed that the Council consider a limited authorization to create a "trial period" to actually allow some smoking on beaches in a limited area during a limited time (2 hours) far away from others by specific groups under a special permit. This too is controversial. The groups that tend to have smoking problems include recovery groups that meet on the beach Saturday and Sunday mornings near 15th and 16`h Streets. The reason for the limited area provision is because I know that smoking bans are tough to enforce — and I think that most Ocean Front Walk users would experience less secondhand smoke from these meetings if smokers were far away (way out on the sand) from 15`h or 16`hStreet. I will candidly admit that don't know what the right answer is - but the discussion will be good, I'm sure. z Brown, Le[lani From: Denys Oberman [dho @obermanassociates.com] Sent: Thursday, February 16, 2012 9:23 AM To: Brown, Leilani Subject: FW: Modification to Ordinance 11.04-- - Importance: High Sensitivity: Confidential PLEASE ENTER THIS INTO THE PUBLIC RECORD Thank you, Denys OBERMAN Regards, Tel (949) 476 -0790 Cell (949) 230 -5868 Fax (949) 752 -8935 Email: dho(c)obermanassociates.com CONFIDENTIALITY NOTICE: The documents accompanying this transmission contain confidential information belonging to the sender which is legally privileged. The information is intended only for the use of the individual or entity named above. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or the taking of any action in reliance on the contents of this telecopied information is strictly prohibited. If you have received this transmission in error, please notify us immediately at 9491476.0790 or the electronic address above, to arrange for the return of the document(s) to us. From: Denys Oberman Sent: Wednesday, February 15, 2012 6:09 PM To: Kiff, Dave; Harp, Aaron; Henn, Michael; aardnerncy(alaol.com; parandiam(alaol.com; curryk(apfm.com; rhill @newportbeachca.gov; lesliejdaiole(alaol.com Cc: Laura Curran; Cindy Koller; drew; ronov(alcox.net; michael brant - zawadzki; Denys Oberman Subject: Modification to Ordinance 11.04-- - Importance: High Sensitivity: Confidential Thank you for presenting the proposed Ordinance . We believe that this is a positive step for our City,as we want to be a premier coastal community and resort destination. Clean, smokefree beaches and parks offering recreation and relaxation are an important part of this. There were several ambiguities which we request be explicitly addressed in the Ordinance in advance of the second reading: 1. The ordinance ,including the 100 It buffer zone, applies to ALL beaches and parks,including ocean and bayfront beaches, parks and waterways, as well as other parks 2. Violations of both individuals and groups would be subject to citation and fines. 3. Clarify and confirm the Use Permitting process. We would imagine that the following types of groups would require Permits: a. Special events(nonrecurring , or recurring not more frequently than annually or semiannually) b. Regularly scheduled repetitive uses with more than occasional frequency 4. Clarify and confirm the enforcement process —based on all of the discussion, we suggest the following: The Police Dept be responsible for oversight. The enforcement can be through regular or volunteer officer patrol.. It is easy enough to administer periodic patrol. Revenue from citations would more than offset any incremental expense. The approach to violations with groups can be administered in a manner consistent with that of the Loud and Unruly ordinance -- -with comparable level fines and progression. Again —I confirm that, from the community's perspective, the Ordinance should be universally applied with an even hand. Thank you for your attention to this important issue. Regards, Denys H. Oberman ........................................................................................................................................... ............................... Au"BER AN Strategy and Finandril AdvUM OBERMAN Strategic Consulting & Transactions 2600 Michelson Drive, Suite 1700 Irvine, CA 92612 Tel (949) 476 -0790 Cell (949) 230 -5868 Fax (949) 752 -8935 Email: dho(a)obermanassociates.com CONFIDENTIALITY NOTICE: The documents accompanying this transmission contain confidential information belonging to the sender which is legally privileged. The information is intended only for the use of the individual or entity named above. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or the taking of any action in reliance on the contents of this telecopied information is strictly prohibited. If you have received this transmission in error, please notify us immediately at 9491476.0790 or the electronic address above, to arrange for the return of the document(s) to us. 2 er 11.04 Rules and Regulations For Parks, Park Facilities, and Beaches Par 111If i Chapter 11.04 Recommended Changes Multiple amendments to Chapter 11.04 Repealing 11.o8.o8 pertaining to smoking on beaches to avoid redundancy in the code RSS manages the scheduling of parks and beaches Requesting these changes for the public's: - enjoyment and safety - maximizing facility uses - maintaining at the highest standards Pa rcs � - greater clarity in the code e �1 f Be fer! Chapter 11.04 Recommended Changes This item came before both PBR Commission and Council in 2011 Incorporated Council's requests for refinement of language to prohibited conduct: - smoking buffer zones - abandoned bicycles - permit /agreement requirements Parks Mike Better! Chapter 11.04 Recommended Changes Summary Of Changes General language clean up New definitions - beaches, instructional activity and smoking Process for abandoned bicycles - 48 hour timeframe Unsafe activities or nuisances ParCs e Beffer! Chapter 11.04 Recommended Changes Summary of Changes cont. • Smoking in parks or within iooft. • Smoking within iooft. of beaches • Trial period for the CM to designate a smoking area for ongoing meetings to better mitigate issues Strengthening language to clarify use regulations for instructional activity ParCs e Beffer! _- i __ _. �s Proposed Section 11.08.040(6) Permit Smoking Area Concept • � r t, � i w �, y tit moking Allowed by Permit crdq a3 o „ '+ " �':��.,,- W-71. r -Noon Sat /Sun. Must. + • Cone off /designate area 125' circle) C { • Be affiliated with AA /NA 6 • Dispose of all trash /butts. f- • Enforce assist - no members can _ smoke elsewhere where smoking is Jlgf' prohibited - �> • Park /drop off appropriately. P r. —fit+ • Stop if significant onshore wind. T • Trial period through 9 -30-13 Sun AA _ _- Meeting Area Sat Meeting Area `t r . R Pilot Project — Permit Area PROs: • Fewer people /areas impacted by secondhand smoke • Gives the City Staff some chance of effective enforcement • Doesn't push smokers in front of Fry's Market • Meeting organizers must agree to take responsibility - maybe even a cleaner beach • It's only 5 -6 hours of 168 hours /week (3.6% of the time) • It's a test - if it works, great - if not, we stop doing it. CONS: • It's not for the purists - it's smoking on the beach. Next Steps Second Reading on February Z8, 2012 Changes effective March a9, Zoia ParCs a e Beffer!