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HomeMy WebLinkAbout04 - Omnibus Ordinanceu TO: CITY OF NEWPORT BEACH City Council Staff Report Agenda Item No. 4 February 28, 2012 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Recreation & Senior Services Department Laura Detweiler, Recreation & Senior Services Director 949 - 644 -3157, LDetweiler @newportbeachca.gov APPROVED: TITLE: SECOND 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: On February 14, 2012 Ordinance No. 2012 -6 was introduced and approved with changes to amend Chapter 11.04 of the NBMC pertaining 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. RECOMMENDATION: Conduct second reading and adopt Ordinance 2012 -6, 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 pertaining to Smoking on City Beaches, Municipal Piers, Public Floats and Public Wharves. • Amending 11.04.070 PROHIBITED CONDUCT Section D - Play basketball on any outdoor public basketball court within three hundred (300) feet of any residentially zoned parcel, between sURset or seven (7:00) p.m., which,, -, is ateF and eight (8:00) a.m. the following morning. ., .•.. SECOND 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 28, 2012 Page 2 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. 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, Nrector Recreation & Senior Services Department Attachments: A. Chapter 11.04 (Amended Document) B. Chapter 11.04 (Track Changes Document) C. Chapter 11.08.080 (Repeal) ATTACHMENT A ORDINANCE NO. 2012 -6 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 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 E 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. 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 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: E 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 seven (7:00) p.m. 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. 11 B. 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. C. 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, COUNCILMEMBERS :1 NOES,COU NCI LMEMBERS ABSENT, COUNCILMEMBERS, ENT • ATTEST: LEILANI I. BROWN, CITY CLERK APPROVED AS TO FORM: CITY ATTOR EY'S OFFICE By. rllz-, ?!�,- ON C. HARP, CITY ATTORNEY 0 ATTACHMENT B Chapter 11.04 PARKS, PARK FACILITIES— RUL -€S, AND R€G111 AT19NSBEACHES 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 PeGWR. 11.04.110 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 park fasiltiesParks, Park Facilities and Beaches subject to rules and regulations necessary for administration and maintenance of parks a facilities -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 park fasilit;esParks, Park Facilities and Beaches shall comply with the provisions of this rhapter -The Chapter, in addition to any other provisions contained within this Code. Consistent with the provisions of this Chapter, the Director of Recreatiarr -aad shall be the City official primarily- responsible for administering the use of the City's public park -fasui %Parks. Park Facilities and Beaches and shall be authorized to enforce this Chapter and establish and enforce all applicable -- codes, policies, rules and reguiatiensRegulations regarding the use and administration of Pub of- Newpert-ReaGhAhe 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 adioininp public ocean front or bay front beach areas. "Bicycle" means a device upon which anv 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 adioininp 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. "Patic dudes the pa* Patrol - officers- a4A;Gr4zed -uader --- Waisipal Bede Rent ea 1.12.02G ofGhapteF 1.'�. "Regulatioa"eans -- the- pmvisions Of thS^haptw 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 sh - fChapter. "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. 1 11.04.030 _General Administration. A. Any activity held at a earl[— tasilityPark, Park Facility, or Beach will be conducted according to the re09easRegulations of this ehapterChapter and all applicable laws, including fire and safety regulations and applicable munisipd. code- provisions of this Code. B. Any person or group of people violating the raguiatidnsRegulations or conditions of any permit shall be subject to the immediate revocation of park fad" Park or Park Facility use privileges anAprovided in the permit. The City wig -shall be entitled to retain all fees previously paid. C. Any persons ep rson using a gaFk fas luyPark, Park Facility, or Beach shall be liable and responsible for paying for any damage to oFlossof-any person or property including but not limited to, City property connected with such use. D. When groups or organizations desire to use a pa* fads Park or Park Facility on ana repetitive angefng- basis, suGh -�tt� shall be subject- tefirst obtain the Director's approval through a separate gaFk fadi 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 park faaitiesa Park or Park Facility for group activities or events shall not interfere with the public enjoyment of the parkPark 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 parkfad*Park or Park Facility. F. Scheduling procedures, use regutatensRegulations, and application processes for City pwk faduitiesPark or Park Facilities shall be determined by the Director. 11.04.040 Park Hours. No person shall enter or remain upon any park -faGi ityPark 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 public parkPark. Park Facilit y. 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 PaFk fadifiesa 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 personal 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 park fad ityPark 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 parkfasiiitaesa Park or Park Facility, or portion thereof, notifying the public that a parkfaeiNyPark 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 faoiltyPark 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 sportinq 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 parts -tasii tyPark, or Park Facility shall surrender or turn over possession of the parkasilityPark, Park Facility, or portion thereof, to any person having possession of a valid permit from the Director. it shall be- ,eiawfu4or -any A person not having a permit from the Director teshall not refuse to or fail to surrender the use of such pa* fadlityPark, Park Facility, or portion thereof, to any person who has a permit for the use of such park- fasilityPark, Park Facility, or portion thereof, from the Director. 11 .04.070 AMA"e -Leagues - Permit- Required: A4y- per6oR Fganized to engage-in rep titiveathleVG4eagues, athietie se organized- actMty �pe-e# spa' at a de° gnate' park arpa shall f rstebtain a perm t- prix --to oGeupying an -Qty park faG ity for esarast ces ilia os�r�ther�elatedevents 949tra Prohibited Conduct. It is unlawful for any person to conduct, perform or participate in any of the following activities at any park fasiltyPark, 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 sunse"r —seven 7( .00) p.m., wk; 118VeF is lateF, and eight (8:00) a.m. the following morning. E. Use any park-- fasiiity-for-wNGhPark or Park Facility when a fee is charged -, or permit or use agreement is required without first having paid the required fee andor 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 bieysie-0 ay- vehicle propelled by a motor except in areas designated for such purposes, howevefexce t, 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 14 n2 of th4 --cede 11.03 of this Code. This section does not permit public parking of event attendees. G Smoke playgreund and 4wefrty42 y4et- ef-asona renter-� any-b f -where signs -afe4 place- preglb"g- smeking- The - Director shah- gave-tpe author ty tedesign ate build ngs or pert ens�hereetwhefe sFaeking is pfogib te<� 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 Lifequard 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. 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 smokinq waste receptacle. C. 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 rernedies, penalties or procedures provided by law. 11.04.090- Abandoned Bicvcle AnV bicVcle 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 CitV. AnV 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 reguwjaas-e€ a Beer--atioa - and- seaier�Sewises -Department Reg ulations issued by the Director governing the use and enjoyment by the public of any parkPark, Park Facility, or park faeifty. Beach. 11.04.aoo -110 Ejection. Any person who violates any of the prohibited conduct provisions in this ohapterChapter shall be guilty of disorderly conduct and may be ejected from the pa*Park, Park Facility, or Beach by the Director- or-his a Park Patrol Officer, a Code Enforcement Officer, Lifeguard or he"esignee o" a Rolice- Departmenta Peace Officer. 11.04.tio 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 facilityPark, Park Facility, or on a Beach. 11.04.�2o -130 Exemption. The provisions of this chapterChapter 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 4- 1- 0311.03 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. ATTACHMENT C ar. . .. •_. ... ._ ._ = ..... . ............. .. •_. ... ._ ._ .. •_. ... �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 PROOF OF °U:LiC�ilOOf1 STATE OF CALIFORNIA) )SS. COUNTY OF ORANGE ) I am a citizen of the United States and a resident of the County of Los Angeles; I am over the age of eighteen years, and not a party to or interested in the notice published. I am a principal clerk of the NEWPORT BEACH /COSTA MESA DAILY PILOT, which was, adjudged a newspaper of general circulation on September 29, 1961, case A6214, and June 11, 1963, case A24831, for the City of Costa Mesa, County of Orange, and the State of California. Attached to this Affidavit is a true and complete copy as was printed and published on the following date(s): Saturday, February 18, 2012 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Executed on February 22, 2012 at Los Angeles, California Gf cz�� Signature RECEIVED zili2 FE TH Cl IY Ce