Chapter 10.08 — USE OF PUBLIC PROPERTY AND INTERFERENCE WITH PUBLIC ACCESS1

For the purposes of this chapter, the following words and phrases shall have the meaning set forth in this section:

“Beach” or “beaches” means any public ocean front or bay front beach within the City, including ocean or bay public piers, public floats, public wharves, or public strands adjoining public ocean front or bay front beach areas.

“Cancer treatment center” means a facility for the treatment of cancer located in a mixed-use horizontal zone.

“College” means an institution of higher education, including a community or junior college, college or university including, but not limited to, Orange Coast College and Coastline College.

“Day care center” shall have the same meaning as set forth in Section 1.08.120.

“Improved median” means the portion of any median that contains landscaping, irrigation, or decorative hardscape including, but not limited to, stamped or patterned concrete, pavers or bricks, and permeable paving.

“Landscaped area” means all improved landscaped areas, except for open grass areas.

“Median” means any area within a public roadway that separates opposing lanes of traffic and is not intended for vehicular travel.

“Pedestrian refuge island” means a raised area specifically designed to provide a safe place for pedestrians to pause while crossing multilane streets, often in the form of an island, constructed in the middle of a road to provide a place to wait for an adequate gap in incoming traffic before finishing the second phase of crossing. For purposes of this chapter, the Public Works Director shall determine if an island is a pedestrian refuge island. A copy of all islands determined to be a pedestrian refuge island shall be kept on file with the City Clerk.

“Personal property” means any tangible property, and includes, but is not limited to, goods, materials, merchandise, tents, huts, temporary shelters, tarps, bedding, sleeping bags, hammocks, sheds, structures, mattresses, couches, chairs, other furniture, appliances, and personal items such as household goods, luggage, backpacks, and clothing. Personal property does not include property that is secured inside of a motor vehicle; items expressly authorized by a public entity to be on public property owned or controlled by the public entity; or items authorized to be on public property pursuant to this Code, a license, or permit issued by the City.

“Public plaza” means an open public area that is owned or controlled by the State, the County, the City, or other public entity that has been physically improved, which allows access to the beach, a boardwalk, or public pier, and where people can gather. A public plaza does not include the sandy and rocky portions of the beach, areas with grass or soft landscaping, or a public park.

“Public property” means all property owned or controlled by the State, the County, the City, or other public entity including, but not limited to, any publicly owned or controlled building, structure, restroom, bridges, beach, parking garage, parking lot, passageway, pier, public right- of-way, public plaza, driveway, landscaped area, parkway, median, greenbelt, open space, public park, or park facility.

1. Prior history: 1949 Code §§ 4241 and 4242; Ords. 957, 1021, 1335, 93-16, 94-37, 96-9, and 2018-19.

Downloaded from https://ecode360.com/NE4559 on 2026-09-25

City of Newport Beach, CA § 10.08.005 NEWPORT BEACH CODE § 10.08.010

“Public rights-of-way” or “public right-of-way” means the area or areas on, below, or above a public roadway, public highway, public street, public sidewalk, public path, public trail, public plaza, public bike lane or path, public boardwalk, public alleyway, or a utility easement in which the City has interest.

“Raised median” means a median that includes a paved or concrete surface elevated above the level of the adjacent travel lanes.

“School” shall have the same meaning as set forth in Section 1.08.120.

“Store,” “stored,” “storing” or “storage” means to put personal property aside, to accumulate for use when needed or to put for safekeeping. Moving personal property to another location on public property or returning personal property within one thousand (1,000) feet from a location where a person previously received a citation for violation of Section 10.08.010 within a thirty (30) day period shall be considered storing personal property and shall not be considered to be removing the personal property from public property.

“Tent” means any tarp, cover, hut, structure, enclosure or shelter, made of any material that is not open on all sides, and which hinders an unobstructed view behind or into the area surrounded by the tarp, cover, hut, structure, enclosure, or shelter. A tent does not include any shade covering used in accordance with Section 11.08.020.

“Unattended” means no person is present with the personal property who asserts or claims ownership over the personal property. Personal property left outside of a building or shelter at a public park or on the sandy/rocky portion of any beach shall not be considered “unattended” unless there is no person present who asserts or claims ownership over the personal property for one hour or more. (Ord. 2023-11 § 1, 2023; Ord. 2023-22 § 438, 2023; Ord. 2024-19 § 2, 2024; Ord. 2025-22 § 2, 2025)

Personal Property in the Public Rights-of-Way.

A. No person shall fix in place, store, maintain or leave personal property that is unattended on public property.

B. No person shall set up, make use of, fix in place, store, locate, maintain, or leave behind a tent on public property.

C. No person shall sleep, lay down, or lodge in a public restroom.

D. No person shall sleep or lay down on a public bench or bike rack.

E. No person shall sit on any movable chair, bucket, crate, cooler, or similar personal property, sleep, or lay down upon a public plaza or public right-of-way, other than as part of lawful event taking place at the public plaza or along the public right-of-way.

F. No person shall remain upon a public plaza between the hours of 10:00 p.m. and 6:00 a.m. the following morning, except, it shall not be a violation of this subsection for a person to traverse a public plaza without stopping.

G. No person shall sit, lie, or sleep or store, use, maintain, or place personal property on a public median, public parkway, or landscaped area.

Downloaded from https://ecode360.com/NE4559 on 2026-09-25

City of Newport Beach, CA § 10.08.010 OFFENSES AND NUISANCES § 10.08.012

H. No person shall obstruct public or private access by sitting, lying, or sleeping on public
property or by storing, using, maintaining, or placing personal property on public property:

1. In a manner that obstructs or impedes passage, as provided by the Americans with
Disabilities Act;

2. On or within twenty (20) feet of any operational or utilizable driveway, ramp, or
loading dock;

3. On or within twenty (20) feet of any fire hydrant, fire plug or other connection used
by the Fire Department;

4. Within twenty (20) feet of the entrance to a public restroom, public park, public trail
or public path;

5. Within fifty (50) feet of an operational and utilizable entrance or exit to any building,
establishment, retail store, restaurant, office building or other place into which the
public is invited;

6. Within ten (10) feet of an automatic teller machine or any door that provides access
to the automatic teller machine;

7. Within ten (10) feet of an electric vehicle charging station, parking pay station or
parking meter;

8. Within ten (10) feet of a sidewalk ramp, or the corner where any street, roadway,
highway, or alley intersect;

9. In a manner that unreasonably interferes with the use of the public right-of-way by
motor vehicles, pedestrians or bicycles; or

10. Within five hundred (500) feet of a college, school, day care center, or cancer treatment center. It shall not be a violation of subsection (H) of this section for a person to sit for purposes of viewing a legally conducted parade. (Ord. 2023-11 § 1, 2023; Ord. 2024-19 § 3, 2024)

A. Purpose. The purpose of this section is to promote public safety and preserve City infrastructure by prohibiting unsafe or damaging conduct on medians, particularly those that are landscaped, have decorative hardscape, or are not designed for pedestrian occupancy. The City has determined that the presence of individuals on such medians presents a safety hazard to both pedestrians and motorists and causes damage to public landscaping and decorative hardscape improvements.

B. Prohibited Conduct. Except as provided in subsection (C) of this section, it is unlawful for
any person to stand or walk on any median within the City under any of the following
conditions:

1. The median is not a raised median;

Downloaded from https://ecode360.com/NE4559 on 2026-09-25

City of Newport Beach, CA § 10.08.012 NEWPORT BEACH CODE § 10.08.030

2. The location where the person is standing or walking is an improved median; or

3. The location where the person is standing or walking does not provide a flat paved or
concrete surface area that is more than forty-eight (48) inches in width by forty-eight
(48) inches in length.

C. Exceptions. This section shall not apply to:

1. City employees or contractors including, but not limited to, emergency personnel,
performing their duties, maintenance, or other authorized work;

2. A person standing or walking in a designated pedestrian refuge island; or

3. If the vehicular traffic on the street or intersection is prohibited or limited for a City-
sponsored event or an event for which the City has issued a special event permit.
(Ord. 2025-22 § 3, 2025)

No person shall sit or stand on or at the entrance of any church, place of worship, hall, theatre, or other place of public assemblage in any manner so as to obstruct such entrance. (Ord. 2023-11 § 1, 2023)

No person shall willfully, intentionally, or maliciously molest, annoy, obstruct, or hinder any other person passing along any public rights-of-way. (Ord. 2023-11 § 1, 2023)

A. Except as otherwise provided in this section, no person shall use any public right-of-way or parkway or other public property for the purpose of storing or displaying any equipment, goods, materials or merchandise, or any other commercial purpose.

B. Public rights-of-way or parkways may be used for the purpose of selling, storing, or
displaying any equipment, material, merchandise or for other commercial purposes in the
following cases:

1. For the transmission of water, sewer, gas, electricity, television, radio signals or
similar substances or activity pursuant to a franchise granted by the City Council in
accordance with the City Charter, City ordinance or State law;

2. For displaying newspapers and periodicals for sale, subject to compliance with the
provisions of Chapter 5.70;

3. For the temporary storage of construction equipment or material provided a permit is
issued pursuant to Chapter 12.62 and the storage is consistent with provisions of the
Uniform Building Code;

4. For the temporary display and sale of goods or merchandise by an association of
businesses adjoining any street or sidewalk, provided a permit is issued pursuant to
Chapter 12.62 and the sale is consistent with Council policy;

Downloaded from https://ecode360.com/NE4559 on 2026-09-25

City of Newport Beach, CA § 10.08.030 OFFENSES AND NUISANCES § 10.08.030

5. For the temporary sale or display of goods or merchandise in conjunction with a
special event for which a permit has been issued by the City Manager pursuant to
Chapter 11.03 and the City Council has approved a resolution of street closure
pursuant to the authorization granted by the Cal. Veh. Code;

6. For the conduct of special celebrations, sporting events or similar activities involving
a nonprofit corporation, nonprofit association, community organization or similar
entity, provided a permit has been issued by the City Manager pursuant to Chapter
11.03, the City Council has adopted a street closure resolution pursuant to the
authority granted by the Cal. Veh. Code, and the event, celebration or activity is
consistent with Council policy;

7. For sidewalk dining subject to the provisions of Chapter 13.18;

8. For sidewalk vendors in compliance with Chapter 5.97.

C. Sales, events, celebrations, or other activities authorized by this section shall be conducted
in strict compliance with the following:

1. In no event shall any public right-of-way closure prohibit members of the public from
accessing any business or residence;

2. The commercial activity authorized by subsection (B)(4) of this section shall be permitted no more than twice per calendar year; 3. The commercial activity authorized in subsections (B)(4) and (5) of this section shall not be permitted in any residential zoning district; 4. Sales or events requiring street closures shall be limited to seven days or less; 5. The event sponsor may charge members of the public for access to the event or celebration, but the sponsor shall utilize a procedure which allows members of the public, without fee or charge, to access any property or structure within the area impacted by the closure; 6. The sponsor of the event shall provide, at the sponsor’s sole cost and expense, all security personnel and traffic control equipment required by the City Manager; 7. The sponsor of the celebration or event shall provide insurance, which types and amounts shall be determined by the Risk Manager. D. The sponsor of any event, sale or celebration authorized by this section shall comply with all conditions imposed by the City Council, or City Manager pursuant to resolution or permit. E. If any person violates this section, the City may impound the person's equipment, goods, materials, merchandise and property. The City may also impound these items if it reasonably appears a person abandoned these items on public property. 1. The impoundment may be done by any City employee authorized to enforce this section. a. At the time of impoundment from a person, the City employee shall issue a receipt to the person that includes the date and time of the impoundment, a

Downloaded from https://ecode360.com/NE4559 on 2026-09-25

City of Newport Beach, CA § 10.08.030 NEWPORT BEACH CODE § 10.08.040

description of the items seized, instructions on how to reclaim the impounded
items, and the process to appeal the impoundment.

b. The City may immediately dispose of impounded goods or materials that cannot
be safely stored or that are perishable.

c. The person may recover the impounded items after 30 days if the person pays
an impound fee, if any, along with showing proper proof of ownership.

d. If the items are not reclaimed after 60 days from impoundment, the impounded
items will be deemed abandoned and forfeited to the City. The abandoned items
may be disposed of at the City's sole discretion.

e. The City Council may by resolution adopt impound fees, which shall reflect the City's enforcement, investigation, storage, and impound costs.

2. Any person who has equipment, goods, materials, merchandise or property
impounded under this section shall have the right to file a request for an
administrative hearing to appeal the impoundment.

a. An appeal shall be filed with the City's Administrative Services Department, in
writing, on forms provided by the Department within 10 days from the date of
impoundment.

b. The provisions related to Hearing Officers set forth in § 1.05.070 shall apply.
The person requesting the hearing shall be notified of the time and place set for
the hearing at least 10 days prior to the date of the hearing. After considering all
the testimony and evidence submitted at the hearing, the Hearing Officer shall
issue a written decision within 10 days of the hearing. If the person's appeal is
upheld, the person shall have any items that were not disposed of in accordance
with subsection (E)(1)(b) of this section returned to the person, and the person
shall not be required to pay any impound fee.

c. The person who has filed an appeal shall be served with a copy of the Hearing
Officer's written decision in the manner prescribed by § 1.08.080. The decision
of the Hearing Officer shall be final as to the City and take effect on the date it
is signed by the Hearing Officer. The Hearing Officer's decision shall be subject
to judicial review pursuant to Cal. Code Civ. Proc. § 1094.5.
(Ord. 2023-11 § 1, 2023; Ord. 2023-22 § 439, 2023; Ord. 2024-6 § 1, 2024; Ord. 2025-37, 1/
13/2026)

No person shall use any public right-of-way, parkway, waterway, or other public property for the purpose of intentionally shining any flood light, search light, flashlight, or other lighting device into a dwelling unit with the intent to harass or annoy the residents thereof. This section shall not prohibit a police officer from shining a flashlight into a dwelling unit when necessary, in the course of his employment. (Ord. 2023-11 § 1, 2023)

Downloaded from https://ecode360.com/NE4559 on 2026-09-25

City of Newport Beach, CA § 10.12.010 OFFENSES AND NUISANCES § 10.12.020