September 9, 2025
Agenda Item No. 4
TO:
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM:
David Miner, Chief of Police - 949-644-3701, [email protected] PREPARED BY:
David Spenser, Police Sergeant - 949-644-3744, [email protected] 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.
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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Ordinance 2025-19: Amendments to Title 11 on
Climbing, Diving, and Swimming Regulations on Public Property September 9, 2025
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