Chapter 11.08
CONDUCT ON BEACHES AND PIERS*
Sections:
11.08.010 Obstructions on Public Beaches Prohibited.
11.08.020 Use of Shade Coverings.
11.08.030 Use of Beaches at Night.
11.08.040 Sleeping in Vehicles or on Beaches and Piers.
11.08.050 Disposal of Noncombustible Refuse.
11.08.055 Dangerous Articles—Glass Containers on Beach.
11.08.060 Use of Beach Fire Rings.
11.08.070 Removal of Beach Sand.
11.08.090 Vehicle Restrictions on Public Piers and Plazas.
* Removal of refuse required—See Section 6.04.050.
11.08.010 Obstructions on Public Beaches Prohibited.
No person shall install, erect, or place any sign, recreational equipment (such as volleyball or badminton pole/net, portable play apparatus, and trampoline), fence, fire pit or barbecue, or similar encroachment on any public bay beach, ocean beach, tideland or park unless authorized or permitted to do so by formal action of the City Council, the written consent of the City Manager, or the provisions of this Code. Except as provided in Section 11.08.020, the provisions of this section shall not prohibit the placement of a shade covering including, but not limited to, umbrellas, canopies, tents or similar objects, on any ocean beach, bay beach or tideland. (Ord. 2009-18 § 1, 2009: Ord. 99-23 § 1, 1999)
11.08.020 Use of Shade Coverings.
Unless authorized or permitted to do so by formal action of the City Council, the written consent of the City Manager, or the provisions of this Code, no person shall erect, maintain or occupy a shade covering, which shall include, but not be limited to, umbrellas, canopies, tents or similar objects, or group of shade coverings, which consists of two or more shade coverings, on any ocean beach, bay beach or tideland unless the following provisions are complied with:
A. The dimensions of any shade covering or group of shade coverings shall not exceed one hundred (100) square feet or six feet in height.
B. The shade covering or group of shade coverings shall have at least three sides completely open to public view.
C. The shade covering or group of shade coverings shall not interfere with a lifeguard’s ability to see the water or adjacent lifeguard towers and any shade covering or group of shade coverings shall be relocated at the request of a lifeguard, law enforcement officer, or other authorized personnel.
D. To allow for reasonable ingress and egress on any ocean beach, bay beach or tideland, shade coverings or groups of shade coverings, configured to comply with the maximum size restriction, shall maintain a five-foot separation from other shade coverings or groups of shade coverings.
E. The shade covering or group of shade coverings shall not be placed in proximity to beach fire rings so as to create a fire hazard. The reasonableness of proximity to the fire rings will be determined by existing conditions. Under no condition shall a shade covering or group of shade coverings be within ten (10) feet of any exposed fire. Any shade covering or group of shade coverings shall be relocated at the request of a lifeguard, Fire Department official, or law enforcement officer.
F. The shade covering or group of shade coverings shall not obstruct any emergency or public access or be located within fifty (50) feet of any emergency or public access.
G. The shade covering or group of shade coverings shall only be erected, maintained, or occupied during daytime hours (6:00 a.m. to 7:00 p.m.). (Ord. 2009-18 § 2, 2009: 1949 Code § 4200a)
11.08.030 Use of Beaches at Night.
A. Prohibited Hours. Except as provided in subsection (B) of this section, no person shall be allowed or permitted on any public bay, beach nor any ocean front beach between the hours of 10:00 p.m. and 6:00 a.m. of the following day;
B. Temporary Modification. The City Manager may, when necessary to protect the safety of persons or property, temporarily modify the beach and pier closure hours established in this Code. In no event shall the modification of hours continue for a period of more than two weeks. The modification shall not be effective until notice of the new hour, and the effective dates is filed with the City Clerk. (Ord. 93-28 § 1 (part), 1993: Ord. 93-6 § 1, 1993: Ord. 89-10 § 1, 1989: Ord. 1381 § 1, 1971: Ord. 1362 § 1, 1970: Ord. 825 (part), 1957: 1949 Code § 4201)
11.08.040 Sleeping in Vehicles or on Beaches and Piers.
A. It is unlawful for any person to occupy for the purpose of sleeping or living in any vehicle parked any place within the corporate limits of the City of Newport Beach, provided, however, this section shall not apply to persons sleeping in any vehicle situated within an area designated for overnight camping by resolution of the City Council of the City of Newport Beach or other governmental entity having jurisdiction over the property. “Occupy for sleeping or living” shall include but not be limited to acts of sleeping, living in, occupying as a dwelling or any other sojourn or stay within the vehicle not directly relating to driving said vehicle.
B. It is unlawful for any person to sleep on any beach, whether public or private, or public pier or dock at any time between the hours of 9:00 p.m. and 9:00 a.m. of the next day.
C. It is unlawful for any person to carry onto or use on any ocean pier between the hours of 9:00 p.m. and 9:00 a.m. of the next day any furniture, sleeping bag, mattress, chaise lounge or similar item normally used for sleeping. (Ord. 93-28 § 1 (part), 1993: Ord. 82-7 § 2, 1982: Ord. 1878 § 1, 1981: Ord. 1429 § 4, 1972: Ord. 679 (part), 1953: 1949 Code § 4235)
11.08.050 Disposal of Noncombustible Refuse.
No person shall throw, place, bury or otherwise dispose of broken glass, crockery, ashes, cinders, bottles, tin cans, and other similar noncombustible waste matter upon any beach within the City, except in such receptacles as may be provided for by the City for the deposit of such waste matter. (1949 Code § 4203)
11.08.055 Dangerous Articles—Glass Containers on Beach.
No person shall have, possess or use any dangerous article or container such as a bottle, glass, crockery or other article used for carrying or containing any liquid for drinking purposes upon any beach or adjacent sidewalk area in the City of Newport Beach. This prohibition shall also apply to any beach in the County-owned property known as the Harry Welsh Memorial Park, also sometimes referred to as the Newport Dunes. (Ord. 1888 § 1, 1981)
11.08.060 Use of Beach Fire Rings.
A. No person shall burn, ignite or otherwise set on fire any material in a fire ring or fire pit, except natural wood, lighter fluid, fire log(s), or charcoal (collectively “fuel”), unless the person is burning the fuel in a fire ring or fire pit that has been specifically designated by the City Manager as a fire ring or fire pit where the designated fuel may be burned. The City Manager shall designate what fuel may be burned in fire rings and fire pits in accordance with the Coastal Development Permit related to the location and use of fire rings.
B. For purposes of this section, the following terms shall be defined as follows:
1. “Natural wood” means the hard fibrous substance consisting basically of xylem that makes up the greater part of the stems, branches, and roots of trees and shall not include any material that has been processed or treated including, but not limited to, wooden pallets, books, newspapers, furniture, or construction materials.
2. “Fire log” means any manufactured log constructed of sawdust; sawdust and paraffin; or waste fiber from the oil palm.
3. “Charcoal” means a carbon substance obtained as a residue when wood or other organic matter is heated in the absence of air. (Ord. 2015-21 § 1, 2015: Ord. 2014-2 § 1, 2014)
11.08.070 Removal of Beach Sand.
No person shall remove any sand from any public beach within the City, unless he shall have first obtained the written approval of the City Manager if the quantity of beach sand to be removed does not exceed five cubic yards or the approval of the City Council if the quantity to be removed exceeds five cubic yards. (Ord. 1187 § 1, 1966)
11.08.090 Vehicle Restrictions on Public Piers and Plazas.
A. Prohibition. Subject to the exceptions set forth in subsection (C) of this section, no person shall, at any time, drive, operate, park or leave standing any motor vehicle on any public pier, including the Newport Pier, McFadden Plaza, Balboa Pier, or Balboa Plaza.
B. Light-Duty Commercial Vehicle Defined. For the purpose of this section, “light-duty commercial vehicle” shall mean any vehicle that does not exceed six thousand (6,000) pounds gross vehicle weight.
C. Exceptions. The prohibition set forth in subsection (A) of this section shall not apply to the following:
1. Light-duty commercial vehicles while discharging or loading supplies to the concessions and restaurants on the piers between the hours of six a.m. and eleven a.m.;
2. Any City vehicles or vehicles displaying a permit issued by the City Manager or the Public Works Department;
3. Tenants operating under an existing contract with the City which provides for delivery access by commercial vehicles. (Ord. 2008-3 § 1, 2008)