CHARLES PARKIN
City Attorney
OFFICE OF THE CITY ATTORNEY
411 W. Ocean Boulevard, 9th Floor
Long Beach, CA 90802
Writer's Direct Dial: (562) 570-
Facsimile: (562) 436-1579
E-Mail: @longbeach.gov
November 1, 2022
HONORABLE MAYOR AND CITY COUNCIL
City of Long Beach
California
RECOMMENDATION:
ORD-41
GARY J. ANDERSON
Assistant City Attorney
DAWN A. MCINTOSH
Assistant City Attorney
Declare an Ordinance of the City Council of the City of Long Beach amending the Long Beach Municipal Code by amending Section 16.16.140 relating to Prohibiting Adults Not Accompanying Children Ages 12 and Under From Park Playgrounds, read the first time and laid over to the next regular meeting of the City Council for final reading. (Citywide)
DISCUSSION
Pursuant to City Manager's request, we have prepared the attached Ordinance amending Section 16.16.140 of the Long Beach Municipal Code.
Section 16.16.140 currently prohibits adults that are not accompanying children under the age of 12 from "Kids Zones", also known as park playgrounds in the City of Long Beach ("City"). Signage in City park playgrounds provide that park playground equipment is for the use of children ages 5 to 12. In order to remain consistent with the manufacture's recommended ages for use of playground equipment and existing operational practice at City park playgrounds, this ordinance amends the applicable age group in Section 16.16.140 to include 12-year-olds.
Section 16.16.140(A) would be amended to prohibit adults not accompanying children ages 12 and under from park playgrounds, known as "Kids Zones".
November 1, 2022
SUGGESTED ACTION:
Approve recommendation.
AL:kad
A21-02434
ATTACHMENT: CITY COUNCIL ORDINANCE
Respectfully submitted,
CHARLES PARKIN, City Attorney
By: Anita Lakhani
Deputy City Attorney
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OFFICE OF THE CITY ATTORNEY
CHARLES PARKIN, City Attorney
411 W. Ocean Boulevard, 9th Floor
Long Beach, CA 90802
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF LONG BEACH AMENDING THE LONG BEACH
MUNICIPAL CODE BY AMENDING SECTION 16.16.140
RELATING TO PROHIBITING ADULTS NOT
ACCOMPANYING CHILDREN AGES 12 AND UNDER FROM
PARK PLAYGROUNDS
WHEREAS, City of Long Beach (“City”) adopted Ordinance No. ORD-22- 0014 on May 1 0, 2022 to establish “Kids Zones” which prohibit adults not accompanying children under the age of 12 from park playgrounds; and WHEREAS, safe outdoor spaces are vital to the healthy development of children, as they provide exercise and recreation areas, emotional and social enrichment opportunities, and promote community use of public green spaces; and WHEREAS, in playground design, everything from the height of the structure to the type of surfacing used is based on guidelines that reflect use by toddlers and children aged 2 to 5 and/or 5 to 12 years old; and
WHEREAS, adult use of playground equ ipment can result in structural damage that may lead to safety hazards for the children who use the equipment after them; and
WHEREAS, residents of the City have reported adults misusing public playground spaces by engaging in other activities that discour age proper use by children and their guardians; and
WHEREAS, given the recent upticks in vandalism and damage, and resident concerns about the safety and availability of the City’s playgrounds to children, it is necessary for the City to continue to promote measures for safe outdoor spaces; and WHEREAS, City’s current “Kids Zones” at park playgrounds prohibit adults
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OFFICE OF THE CITY ATTORNEY
CHARLES PARKIN, City Attorney
411 W. Ocean Boulevard, 9th Floor
Long Beach, CA 90802
not accompanying children under the age of 12 from being present, which sought to ensure the City’s playground equipment and play areas specifi cally designed for children remain safe and available spaces for use by children of the aforementioned age groups; and WHEREAS, kids zones would be easily identifiable and enforceable with signage identifying the zone area; and
WHEREAS, kids zones would not cover other non-playground public spaces in parks, including, but not limited to, benches, fields, and restrooms; and WHEREAS, in establishing Ordinance No. ORD-22-0014, City followed suit of other jurisdictions in California, New York, Oregon, Colorado, and Florida, in an effort to preserve such spaces and equipment for children for which they were intended; and WHEREAS, City signage in park playgrounds provi de that such equipment is for the use of children ages 5 to 12; and
WHEREAS, City desires to include children of the age of 12 to Section
16.16.140 in order to be consistent with the manufacturer’s recommendations for appropriate use of playground equipmen t and current operational practices at park playgrounds;
NOW, THEREFORE, the City Council of the City of Long Beach ordains as follows:
Section 1. Section 16.16.140 of the Long Beach Municipal Code is hereby amended to read as follows:
16.16.140 Park Playgrounds - Adults not accompanying children ages 12 and under prohibited.
A. No adult shall be present on any City park playground unless the adult is accompanying a child or children age 12 and under, lawfully under their custody or control, including a parent or guardian, babysitter, caretaker or other designee of a parent or guardian having sole or joint supervisory responsibility over the child, using such playground.
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OFFICE OF THE CITY ATTORNEY
CHARLES PARKIN, City Attorney
411 W. Ocean Boulevard, 9th Floor
Long Beach, CA 90802
B. "Park playground” or “playground” for purposes of this Section means any park area which has been des ignated by the Department of Parks, Recreation and Marine Director, or designee, as a “ Kids Zone”, and on which clear and visible signage has been posted providing notice of such “Kids Zone” status and the prohibition in Subsection A.
Section 2. The City Clerk shall certify to the passage of this ordinance by the City Council and cause it to be posted in three (3) conspicuous places in the City of Long Beach, and it shall take effect on the thirty -first (31st) day after it is approved by the Mayor.
I hereby certify that the foregoing ordinance was adopted by the City Council of the City of Long Beach at its meeting of _______________________, 2022, by the following vote:
Ayes: Councilmembers:
Noes: Councilmembers:
Absent: Councilmembers:
Recusal(s): Councilmembers:
City Clerk
Approved:
(Date) Mayor
redline of ordinance changes (003).docxnormal.dotm
16.16.140 – Park Playgrounds—Adults not accompanying children under the age of ages12 and under prohibited.
(a) No adult shall be present on any City park playground unless the adult is accompanying a child or children under the age of 12age 12 and under, lawfully under their custody or control, including a parent or guardian, babysitter, caretaker or other designee of a parent or guardian having sole or joint supervisory responsibility over the child, using such playground. (b) "Park playground” or “playground” for purposes of this sSection means any park area which has been designated by the Department of Parks, Recrea tion and Marine Director, or designee, as a “Kids Zone”, and on which clear and visible signage has been posted providing notice of such “Kids Zone” status and the prohibition in Ssubsection A.