HomeMy WebLinkAbout06 - Adding Section 11.04.085 (Prohibiting the Use of Electric Bicycles and similar devices on the Newport El School Playground) and Amending Section 11.04.130 (Exemption) of Chapter 11.04Q �EwPpRT
CITY OF
s NEWPORT BEACH
`q44:09 City Council Staff Report
September 23, 2025
Agenda Item No. 6
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: David Miner, Chief of Police - 949-644-3701, dminer@nbpd.org
PREPARED BY: Kelley Maslin, Sergeant - 949-644-3694, kmaslin@nbpd.org
TITLE: Ordinance No. 2025-29: Adding Section 11.04.085 (Prohibiting the
Use of Electric Bicycles and similar devices on the Newport
Elementary School Playground) and Amending Section 11.04.130
(Exemption) of Chapter 11.04 (Parks, Park Facilities, and Beaches)
of the Newport Beach Municipal Code
ABSTRACT:
For the City Council's consideration is the addition of Section 11.04.085 (Prohibiting the
Use of Electric Bicycles and similar devices on the Newport Elementary School
Playground) and Amending Section 11.04.130 (Exemption) of Chapter 11.04 (Parks, Park
Facilities, and Beaches) of the Newport Beach Municipal Code.
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) Waive full reading, direct the City Clerk to read by title only, and introduce Ordinance
No. 2025-29: An Ordinance of the City Council of the City of Newport Beach, Adding
Section 11.04.085 (Prohibiting the Use of Electric Bicycles and Similar Devices on the
Newport Elementary School Playground) and Amending Section 11.04.130
(Exemption) of Chapter 11.04 (Parks, Park Facilities, and Beaches) of the Newport
Beach Municipal Code and pass to a second reading on October 14, 2025.
DISCUSSION:
In the Spring of 2025, City Councilmembers and the Police Department began to receive
complaints of Electric Bicycles (E-bikes) speeding in excess of the 8 MPH boardwalk
speed limit, and causing an undue risk to users of the boardwalk. As a response to an
increase in public complaints, in April of 2025, Police Officers assigned to the Peninsula
Enforcement Team, Quality of Life Team, and Boardwalk Enforcement overtime detail,
were required to spend a portion of their shift on the boardwalk, specifically addressing
speeding E-bike riders.
For approximately a month and a half, statistics from these working groups were
collected. There were 297 hours worked, 189 citations issued, 2 arrests and 904 contacts
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Ordinance No. 2025-29: Adding Section 11.04.085 (Prohibiting the Use of Electric
Bicycles and similar devices on the Newport Elementary School Playground) and
Amending Section 11.04.130 (Exemption) of Chapter 11.04 (Parks, Park Facilities,
and Beaches) of the Newport Beach Municipal Code
September 23, 2025
Page 2
made. These numbers are not reflective of and do not include the citations, arrests, and
contacts made by officers working their assigned patrol shift, or officers assigned to the
Traffic Division.
Additionally, the Public Works Department placed eight A -frame style signs along the
boardwalk to highlight the speed limit more clearly to users of the boardwalk in an effort
to reduce speeds of bike riders.
The Newport -Mesa Unified School District operates a public elementary school (Newport
Elementary School) which is bounded by 13t" Street, west Ocean Front, 14t" Street and
west Balboa Boulevard. On February 10, 2015, the City entered into a lease agreement
with the District for the shared use between the City and District of the tidelands lying
southerly of west Ocean Front between the southerly extension of 131" Street and the
southerly extension of 14t" Street, consisting of a grass playfield, a blacktop playground,
and a sand playground area ("Property"). During those times when the Property is not in
use by the District for school activities, the public is free to enjoy the Property amenities.
The Property blacktop playground has several basketball courts, handball courts, and is
frequently used outside of District hours for recreational activities such as hockey. The
sand playground consists of a jungle gym, which is adjacent to the blacktop playground
and parallels the boardwalk. This sand playground is regularly occupied by young children
and families.
While conducting increased enforcement on the boardwalk near Newport Elementary
School, officers observed a significant increase in the use of E-bikes, electrically
motorized boards, motorized bicycles, and motorized scooters on the Property,
particularly the blacktop playground, to ride excessively fast, perform tricks, "wheelies",
and other similar bike maneuvers which conflict with other recreational activities. E-bikes
specifically range in top speeds between 20-28 mph. This poses an unreasonable risk of
injury to other users of the Property, who may not be watching for an E-bike while
engaging in sports activities or play, and to young children utilizing the sand playground.
In an effort to maximize public use and enjoyment of the property, the Police Department
desires to amend NBMC Chapters 11.04 (Parks, Park Facilities, and Beaches) to prohibit
the operation of E-bikes, electrically motorized boards, motorized bicycles, and motorized
scooters from operating on the Property when the Property is not in use by the District
which generally includes weekends, school holidays, school recesses, vacations, and
breaks, and weekdays from 3:00 p.m. to 6:00 a.m.
FISCAL IMPACT:
There is no fiscal impact related to this item.
6-2
Ordinance No. 2025-29: Adding Section 11.04.085 (Prohibiting the Use of Electric
Bicycles and similar devices on the Newport Elementary School Playground) and
Amending Section 11.04.130 (Exemption) of Chapter 11.04 (Parks, Park Facilities,
and Beaches) of the Newport Beach Municipal Code
September 23, 2025
Page 3
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).
ATTACHMENTS:
Attachment A — Ordinance No. 2025-29
Attachment B — Section 11.04.085 and Redline of Section 11.04.130 (Exemption) of
Chapter 11.04 (Parks, Park Facilities, and Beaches) of the Newport
Beach Municipal Code
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ATTACHMENT A
ORDINANCE NO. 2025-29
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, ADDING SECTION
11.04.085 (PROHIBITING THE USE OF ELECTRIC
BICYCLES AND SIMILAR DEVICES ON THE NEWPORT
ELEMENTARY SCHOOL PLAYGROUND) AND
AMENDING SECTION 11.04.130 (EXEMPTION) OF
CHAPTER 11.04 (PARKS, PARK FACILITIES, AND
BEACHES) OF THE NEWPORT BEACH MUNICIPAL
CODE
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, City is the trustee of certain tidelands and filled lands within the
corporate limits of Newport Beach lying southerly of West Ocean Front between the
southerly extension of 13th Street and the southerly extension of 14th Street;
WHEREAS, the Newport -Mesa Unified School District, a political subdivision of
the State of California ("District"), operates a public elementary school (Newport
Elementary School), which is bounded by 13th Street, West Ocean Front, 14th Street
and West Balboa Boulevard;
WHEREAS, on February 10, 2015, the City entered into a lease agreement with
the District for the shared use between the City and District of the tidelands lying
southerly of West Ocean Front between the southerly extension of 13th Street and the
southerly extension of 14th Street, consisting of a grass playfield, a blacktop
playground, and a sand playground area ("Property");
WHEREAS, during those times when the Property is not in use by the District for
school activities, the City has observed a significant increase in the use of electric
bicycles, electrically motorized boards, motorized bicycles, and motorized scooters to
perform tricks and similar bike maneuvers, which conflict with other recreational
activities and pose an unreasonable risk of injury to the users of these devices and
other users of the Property;
Ordinance No. 2025-
Page 2 of 5
WHEREAS, the City desires to maximize public use and enjoyment of the
Property by implementing rules and regulations that promote the overall health, safety
and welfare of people using the Property for recreational purposes;
WHEREAS, Newport Beach Municipal Code ("NBMC") Chapter 11.04 (Parks,
Park Facilities, And Beaches) provides regulations regarding the use of the City's parks,
park facilities and beaches; and
WHEREAS, the City Council desires to amend NBMC Chapters 11.04 (Parks,
Park Facilities, And Beaches) to prohibit the operation of electric bicycles, electrically
motorized boards, motorized bicycles, and motorized scooters from operating on the
Property when the Property is not in use by the District.
NOW THEREFORE, the City Council of the City of Newport Beach ordains as
follows:
Section 1: The table for contents for Chapter 11.04 (Parks, Park Facilities, and
Beaches) of the NBMC is hereby amended to read as follows:
Chapter 11.04
PARKS, PARK FACILITIES, AND 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 Biking and Similar Activities on the Beach.
11.04.085 Prohibiting the Use of Electric Bicycles and Similar Devices on the
Newport Elementary School Playground.
11.04.090 Abandoned Bicycle.
11.04.100 Violation of Rules and Policies of Department.
11.04.110 Ejection.
11.04.120 Prohibition Against Obstructing Performance of City Employee.
11.04.130 Exemption.
11.04.140 Penalty.
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Ordinance No. 2025-
Page 3 of 5
Section 2: Section 11.04.085 (Prohibiting the Use of Electric Bicycles and
Similar Devices on the Newport Elementary School Playground) is added to Chapter
11.04 (Parks, Park Facilities, and Beaches) of the NBMC and shall read as follows:
Section 11.04.085 Prohibiting the Use of Electric Bicycles and Similar
Devices on the Newport Elementary School Playground.
A. It shall be unlawful for any person to operate or ride an electric bicycle,
electrically motorized board, motorized bicycle, or motorized scooter on the
playground of Newport Elementary School during the following times: on
weekends; on weekdays between the hours of 3:00 p.m. to 6:00 a.m.; and at any
time when Newport Elementary School is closed to students, including but not
limited to, school holidays, school breaks, such as winter break and spring break,
and school vacations, such as summer vacation.
B. For purposes of this section, the "playground of Newport Elementary School"
is defined as the area located south of West Ocean Front, between the southerly
extensions of 13th Street and 14th Street, extending to the Pacific Ocean and
shall include, but not be limited to, all areas at this location with asphalt/blacktop,
rubberized surfacing, grass, artificial turf, sand, and playground equipment.
Section 3: Section 11.040.130 (Exemption) of Chapter 11.04 (Parks, Park
Facilities, and Beaches) of the NBMC is hereby amended to read as follows:
The provisions of this chapter shall not apply to a law enforcement officer, an
employee or contractor of the City acting in the course and scope of their
employment, activities or programs of the Recreation and Senior Services
Department, activities or programs of the Newport -Mesa Unified School District
("District") on property leased to the District, or as authorized by a special event
permit issued by the Director pursuant to the provisions of Chapter 11.03.
Section 4: The City's Traffic Engineer or designee is hereby directed to erect
or place appropriate signs giving notice of the regulations imposed by this ordinance.
Section 5: The recitals provided in this ordinance are true and correct and are
incorporated into the substantive portion of this ordinance.
• •
Ordinance No. 2025-
Page 4 of 5
Section 6: 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 7: 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 8: Except as expressly modified in this ordinance, all other sections,
subsections, terms, clauses and phrases set forth in the NBMC shall remain unchanged
and shall be in full force and effect.
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Ordinance No. 2025-
Page 5 of 5
Section 9: 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 23rd day of September, 2025, and adopted on the 14th
day of October, 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
C�.�.� ff ��
AAR N C. HARP, CITY ATTORNEY
.:
Attachment B
Section 11.04.085 and Redline of Section 11.04.130 (Exemption) of Chapter 11.04
(Parks, Park Facilities, and Beaches) of the Newport Beach Municipal Code
• •
Section 11.040.130 (Exemption) of Chapter 11.04 (Parks, Park Facilities, and
Beaches)
The provisions of this chapter shall not apply to a law enforcement officer, an
employee or contractor of the City acting in the course and scope of their
employment, er-- activities or programs of the Recreation and Senior Services
Department, activities or programs of the Newport -Mesa Unified School District
("District") on property leased to the District_ or as authorized by a special event
permit issued by the Director pursuant to the provisions of Chapter 11.03.
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