September 22, 2025
Agenda Item No. 2
TO:
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM:
David Miner, Chief of Police - 949-644-3701, [email protected] PREPARED BY:
Josh Vincelet, Deputy Chief of Police - 949-644-3720, [email protected] TITLE:
Ordinance No. 2026-15: Amending the Newport Beach Municipal Code to Address Illegal Activity and Public Safety During High-Risk Periods and Other Significant Crowd Events ABSTRACT:
For the City Council’s consideration is the adoption of Ordinance No. 2026-15, amending the Newport Beach Municipal Code to provide additional tools to address illegal activity, large gatherings, and public safety concerns during high-risk periods and significant crowd events. The ordinance expands regulations related to Safety Enhancement Zones, establishes updated juvenile curfew provisions, authorizes temporary public safety orders and operational controls, and requires permits for certain large gatherings. These measures are intended to improve the City of Newport Beach’s (City) ability to protect public safety, maintain emergency access, and respond quickly to rapidly developing conditions. The ordinance was introduced for consideration at the City Council’s September 8, 2026 regular meeting.
RECOMMENDATIONS:
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 Waive full reading of an Ordinance, read by title only, conduct second reading and adopt Ordinance No. 2026-15: An Ordinance of the City Council of the City of Newport Beach, California, Amending Subsection (B) (Safety Enhancement Zone) of Section 1.04.010 (Violations, Penalties and Enforcement) of Chapter 1.04 (Code Enforcement) of Title 1 (General Provisions), Amending Chapter 10.36 (Minor’s Curfew), and Adding Chapter 10.80 (Public Safety Orders and Regulation of Large Gatherings) to Title 10 (Offenses and Nuisances) and Amending Section 11.03.020 (General Provisions) of Chapter 11.03 (Special Events) of Title 11 (Recreational Activities) of the Newport Beach Municipal Code to Address Illegal Activity and Public Safety During High-Risk Periods and Other Significant Crowd Events.
DISCUSSION:
At its September 8, 2026 meeting, the City Council introduced and passed to second reading Ordinance No. 2026-15. If adopted, the proposed ordinance would establish a curfew in the West Newport Safety Enhancement Zone between 6 p.m. and 6 a.m. on Memorial Day, Fourth of July and Labor Day, when large crowds and unsupervised gatherings create heightened risks of criminal activity, victimization and interference with emergency response. The curfew would not apply to minors accompanied by a parent, guardian or authorized adult or to minors engaged in employment, travel, school, religious or other organized activities, responding to an emergency, or exercising constitutionally protected rights.
The ordinance would also authorize the city manager or chief of police to issue a temporary public safety order when substantial evidence demonstrates that extraordinary circumstances present a significant risk to persons or property. Before issuing an order, the city manager or chief of police would be required to make written findings identifying the conditions supporting the order, its geographic boundaries, its effective period, and the temporary measures being implemented. Those measures could include temporary traffic and pedestrian controls, protection of emergency access corridors, restrictions on entry into overcrowded areas, closure of parking facilities or limited portions of public property, designated rideshare locations, evacuation orders, and temporary hours of access or curfews.
A public safety order must employ the least restrictive measures available, be limited to the smallest geographic area reasonably necessary, and remain in effect only while the conditions supporting it continue to exist. An order may not remain in effect for more than 24 hours unless a subsequent order is supported by new written findings. When reasonably practicable, the City would provide public notice through signage, the City’s website, social media, emergency alerts, public-address systems, or similar methods. The city manager or chief of police would also be required to provide the City Council with an informational report within 30 days describing the findings, measures implemented, duration of the order, arrests, and less restrictive alternatives considered.
In addition, the ordinance would authorize the temporary relocation or removal of personal property that blocks emergency access, interferes with public safety operations, or creates an immediate safety or fire hazard within an active Safety Enhancement Zone or public safety area. It would also require a Special Event Permit for an intentionally planned gathering reasonably expected to attract more than 100 participants within such an area. The permitting requirement is intended to provide advance coordination regarding public safety staffing, emergency access, sanitation, traffic management, and other operational needs.
Finally, violations of a public safety order would be subject to the enhanced fines applicable within a Safety Enhancement Zone. Collectively, the proposed amendments are intended to provide temporary and geographically limited tools that allow the City to respond promptly to extraordinary crowd conditions while preserving lawful access and activity to the greatest extent reasonably practicable. If adopted, the ordinance would become effective October 23, 2026.
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).
ATTACHMENTS:
Attachment A – Ordinance
Attachment B – Redline of Newport Beach Municipal Code
Ordinance No. 2026-15: Amending the Newport Beach Municipal Code to Address Illegal Activity and Public Safety During High-Risk Periods and Other Significant Crowd Events September 22, 2026
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