HomeMy WebLinkAbout04 - Amending the NBMC Related to the Prohibition of Climbing on Railings of Public Property and Swimming RegulationsQ �EwPpRT
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FROM:
CITY OF
NEWPORT BEACH
City Council Staff Report
September 9, 2025
Agenda Item No. 4
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
David Miner, Chief of Police - 949-644-3701, dminer@nbpd.org
PREPARED BY: David Spenser, Police Sergeant - 949-644-3744,
dspenser@nbpd.org
TITLE: Ordinance 2025-19: Amending Title 11 (Recreational Activities) of
the Newport Beach Municipal Code Related to the Prohibition of
Climbing on Railings of Public Property and Amending Title 11
(Recreational Activities) Related to Swimming Regulations and
Restrictions on Diving, Jumping and Climbing on Public Property
Adjacent to Waterways
ABSTRACT:
For the City Council's consideration is the second reading and the adoption of Ordinance
2025-19, amending Newport Beach Municipal Code (NBMC) Title 11 (Recreational
Activities), to add Chapter 11.12.140 prohibiting the climbing on railings of public property.
The ordinance also amends the NBMC Title 11 (Recreational Activities),
Chapter 11.12.150 by updating language in the section.
RECOMMENDATIONS:
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because
this action will not result in a physical change to the environment, directly or indirectly;
and
b) Conduct a second reading and adopt Ordinance No. 2025-19: An Ordinance of the
City Council of the City of Newport Beach, California, Adding Section 11.12.140
(Climbing on Railings of Public Property) and Amending Section 11.12.150 (Diving or
Jumping from Public Property) of Chapter 11.12 (Swimming Regulations) to Title 11
(Recreational Activities) of the Newport Beach Municipal Code, Relating to
Restrictions on Diving, Jumping and Climbing on Public Property Adjacent to
Waterways.
DISCUSSION:
Bridges, piers and ledges adjacent to waterways in Newport Beach have historically been
popular places for people to jump into nearby waterways. This behavior poses significant
dangers to not only the individual jumper, but also others, including boaters, using the
waterways. Jumping or diving from a bridge, pier, wharf or similar structure is currently
prohibited by the NBMC.
4-1
Ordinance 2025-19: Amendments to Title 11 on
Climbing, Diving, and Swimming Regulations on Public Property
September 9, 2025
Page 2
The addition of Chapter 11.12.140, which would prohibit climbing on railings, ledges or
other structures on public property near waterways, would be a proactive measure to
reduce such risky behavior. By clearly defining and providing enforcement options, the
ordinance helps deter individuals from accessing dangerous areas where jumping might
occur. This would not only decrease the likelihood of injuries, but also lower the frequency
of waterway disruptions and emergency response interventions. Ultimately, the NBMC
amendment would help enhance public safety, support responsible waterfront use, and
reduce the City of Newport Beach's liability for accidents on public property.
The amendment to Chapter 11.12.150 updates language to the current municipal code.
Ordinance 2025-19 was introduced at the August 25, 2025 City Council meeting. If
adopted, the ordinance would become effective after 30 days.
FISCAL IMPACT:
There is no fiscal impact related to this item.
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).
ATTACHMENT:
Attachment A — Ordinance No. 2025-19
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ATTACHMENT A
ORDINANCE NO. 2025-19
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, ADDING SECTION
11.12.140 - (CLIMBING ON RAILINGS OF PUBLIC
PROPERTY) AND AMENDING SECTION 11.12.150
(DIVING OR JUMPING FROM PUBLIC PROPERTY) OF
CHAPTER 11.12 (SWIMMING REGULATIONS) TO TITLE
11 (RECREATIONAL ACTIVITIES) OF THE NEWPORT
BEACH MUNICIPAL CODE, RELATING TO
RESTRICTIONS ON DIVING, JUMPING, AND CLIMBING
ON PUBLIC PROPERTY ADJACENT TO WATERWAYS
WHEREAS, Section 200 of the City Charter, of the City of Newport Beach
("City"), vests the City Council with the authority to make and enforce all laws, rules and
regulations with respect to municipal affairs subject only to the restrictions and
limitations contained in the City Charter and the State Constitution, and the power to
exercise, or act pursuant to any and all rights, powers, and privileges or procedures
granted or prescribed by any law of the State of California;
WHEREAS, diving, jumping or entering the water from public structures within
the city is unlawful pursuant to the Newport Beach Municipal Code ("NBMC") Section
11.12.150;
WHEREAS, individuals frequently stand and climb upon the railings of public
structures prior to jumping or diving from the public structures within the city;
WHEREAS, these pre -diving activities can attract large crowds of spectators
and ocean vessels, which in turn compromises public safety and diminishes the quality
of life for residents of Newport Beach;
WHEREAS, the NBMC only criminalizes jumping and diving from public
structures within the city, and does not currently provide a mechanism to address or
penalize people who are preparing to jump or dive off those structures; and
WHEREAS, to address this gap in enforcement authority and proactively
safeguard the health, safety and welfare of the public, it is necessary to amend the
NBMC to prohibit pre -diving and pre jumping activities within Newport Beach.
Ordinance No. 2025-
Page 2 of 4
NOW THEREFORE, the City Council of the City of Newport Beach ordains as
follows:
Section 1: The table for contents for Chapter 11.12 (SWIMMING
REGULATIONS) of the NBMC is hereby amended to read as follows:
Chapter 11.12
SWIMMING REGULATIONS
Sections:
11.12.010
Designation of Protected Swimming Areas.
11.12.020
Swimming Area No. 1.
11.12.030
Swimming Area No. 2.
11.12.040
Swimming Area No. 3.
11.12.050
Swimming Area No. 4.
11.12.060
Swimming Area No. 5.
11.12.070
Swimming Area No. 6.
11.12.080
Swimming Area No. 7.
11.12.090
Swimming Area No. 8.
11.12.100
Swimming Area No. 9.
11.12.110
Swimming Area No. 10.
11.12.120
Activities Restricted in Swimming Areas.
11.12.130
Prohibited Swimming Areas.
11.12.140
Climbing on Railings of Public Property.
11.12.150
Diving or Jumping from Public Property.
11.12.160
Swimming and Diving Prohibited in Harbor Entrance.
11.12.170
Crafts Prohibited in Harbor Entrance.
Section 2: Section 11.12.140 (Climbing on Railings of Public Property) of
Chapter 11.12 (Swimming Regulations) is added to the NBMC and shall read as
follows:
11.12.140 Climbing on Railings of Public Property.
It shall be unlawful for any person to sit, stand, balance, crouch, or climb upon
the railings, ledges, barriers, or protruding cement structures of any public bridge,
pier, wharf, or bulkhead within the City. This section shall not apply to City
employees or City contractors who are performing their official duties.
Ordinance No. 2025-
Page 3 of 4
Section 3: Section 11.12.150 (Diving or Jumping from Public Property) of
Chapter 11.12 (Swimming Regulations) of the NBMC is hereby amended to read as
follows:
11.12.160 Diving or Jumping from Public Property.
It shall be unlawful for any person to dive, jump, or otherwise enter the water
from any public bridge, pier, wharf, float adjacent to such pier or wharf, bulkhead,
seawalls, groin, jetty or natural rock formation, which is located on public property
within the City. This section shall not apply to City employees or City contractors
who are performing their official duties.
Section 4: The recitals provided in this ordinance are true and correct and are
incorporated into the substantive portion of this ordinance.
Section 5: 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, sentence, clause or phrase hereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses or phrases be declared invalid or
unconstitutional.
Section 6: The City Council finds the introduction and adoption of this
ordinance 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, Division 6, Chapter 3, because it has no potential for resulting in
physical change to the environment, directly or indirectly.
Section 7: Except as expressly modified in this ordinance, all other sections,
subsections, terms, clauses and phrases set forth in the Newport Beach Municipal Code
shall remain unchanged and shall be in full force and effect.
Ordinance No. 2025-_
Page 4 of 4
Section 8: The Mayor shall sign and the City Clerk shall attest to the passage
of this ordinance. The City Clerk shall cause the ordinance, or a summary thereof, to be
published pursuant to City Charter Section 414. This ordinance shall be effective thirty
(30) calendar 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 2611 day of August, 2025, and adopted on the 9t' day of
September, 2025, by the following vote, to -wit:
AYES:
NAYS:
ABSENT:
Joe Stapleton, Mayor
ATTEST:
Molly Perry, Interim City Clerk
APPROVED AS TO FORM:
CITY TTORNEY'S OFFICE
Aaron C. Harp, City Attorney