HomeMy WebLinkAbout2025-19 - Adding Section 11.12.140 (Climbing on Railings of Public Property) and Amending Section 11.12.150 (Diving or Jumping From Public Property)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. 2025-19
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. 2025-19
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:
11.12.150 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. 2025-19
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 26th day of August, 2025, and adopted on the 9th day of
September, 2025, by the following vote, to -wit:
AYES: Mayor Stapleton, Mayor Pro Tern Kleiman, Councilmember Grant
Councilmember Weber, Councilmember Barto
NAYS: Councilmember Weigand
ABSENT: Councilmember Blom
Joe Sta, leton, Mayor
ATTEST:
O. �
olly Perry, Interim Ci1O
�I° s�'t'
�;a
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
4
ic,
C ff
AAroA C. Harp, City Attorney
STATE OF CALIFORNIA }
COUNTY OF ORANGE ss.
CITY OF NEWPORT BEACH }
I, Molly Perry, Interim City Clerk of the City of Newport Beach, California, do hereby certify that the
whole number of members of the City Council is seven; that the foregoing ordinance, being Ordinance
No. 2025-19 was duly introduced on the 26th day of August, 2025, at a regular meeting, and adopted by the
City Council at a regular meeting duly held on the 9th day of September, 2025, and that the same was so
passed and adopted by the following vote, to wit:
AYES: Mayor Joe Stapleton, Mayor Pro Tern Lauren Kleiman, Councilmember
Michelle Barto, Councilmember Robyn Grant, Councilmember Sara J. Weber
NAYS: Councilmember Erik Weigand
ABSENT: Councilmember Noah Blom
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed th D of said
City this 11th day of September 2025.
MolyPerry, MPAI TMC
Interim City Clerk
City of Newport Beach,
CERTIFICATE OF PUBLICATION
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
i��t`•�3
I, Molly Perry, Interim City Clerk of the City of Newport Beach, California, do hereby certify that
Ordinance No. 2025-19 has been duly and regularly published according to law and the order of the City
Council of said City and that same was so published in the Daily Pilot, a newspaper of general circulation
on the following dates:
Introduced Ordinance: August 16, 2025
Adopted Ordinance: September 13, 2025
In witness whereof, I have hereunto subscribed my name this 111h day of September, 2025.
Al"N �
olly Perry, MP , CMC
Interim City Clerk
City of Newport Beach, California