Chapter 11.03 — SPECIAL EVENTS

To provide regulations allowing for special events while mitigating impacts on residents, visitors and businesses, maintaining traffic circulation, and ensuring public safety. (Ord. 2004-4 § 1 (part), 2004)

A. Permit Required. No person shall conduct, operate, maintain, or organize any special event regulated by this chapter and no person shall allow the use of their premises for such a special event without first obtaining a special event permit in accordance with this chapter and paying the required fee.

B. Applicability. These regulations shall apply to the following special events:

1. Outdoor concerts and other entertainment, public or semi-public dance, recreation, or
sporting events.

2. Circuses, carnivals, fairs and festivals.

3. Swap meets.

4. Walks, runs, athletic events, bicycle and vehicle races not exempted under subsection
(C) of this section.

5. Organized/sponsored vehicle and boat shows.

6. Sales events outside the normal sales area of a business, such as sidewalk and parking
lot sales and other special promotions.

7. Auto dealer sales events involving promotional attractions such as barbecues, tents,
canopies, special signage, and similar facilities.

8. Fireworks displays.

9. Outdoor weddings and picnics with attendance of one hundred fifty (150) or more
persons, within guidelines established by City Council Policy B-16.

10. Assemblies, conferences or meetings in a designated reserved area outdoors, with
attendance of one hundred fifty (150) or more persons.

11. Street fair or craft show on a residential or commercial right-of-way which is likely
to obstruct or delay or interfere with normal flow of pedestrian or vehicular traffic.

12. Other events with potential attendance of one hundred fifty (150) or more persons, as
determined by the Director, which are not exempted per subsection (C) of this section.

13. Car washes whereby the public is encouraged/invited to attend.

14. Parades or motorcades.

15. Fastening of a vessel pursuant to Section 17.25.010.

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City of Newport Beach, CA § 11.03.020 RECREATIONAL ACTIVITIES § 11.03.030

C. Exempt Activities. The following activities are exempt from the provisions of this chapter:

1. Normal promotional/sale activities conducted within the approved display area of a
business establishment as provided for in Title 20.

2. Commercial filming regulated by Chapter 5.46.

3. Live entertainment at an established place of business, such as a restaurant or tavern,
regulated by Title 20 and Chapter 10.26.

4. Temporary land uses regulated by Title 20 of this Code.

5. Yard, garage, or other personal property sales in residential districts regulated by Title
20 of this Code.

6. Activities or events held or conducted by or on behalf of the City, a public school, or the State conducted on property owned or leased by such entity or its sponsor. 7. Events conducted by homeowners’ associations on common area property within the association’s boundaries. 8. Any other special event specifically exempted in this Code from the provisions of this chapter. 9. Activities or events authorized under a conditional use permit under Title 20. (Ord. 2004-4 § 1 (part), 2004; Ord. 2010-10 § 1, 2010; Ord. 2013-11 §§ 38, 39, 2013; Ord. 2016-4 § 1, 2016; Ord. 2020-5 § 5, 2020)

For the purposes of this chapter, certain terms shall have the meanings set out below:

“Applicant” means any person who seeks a permit under this chapter to operate a special event. For special events on private property the property owner shall be the applicant. For special events on public property, the operator shall be the applicant. An applicant who has received an approved permit under the provisions of this chapter shall also be considered a permit holder.

“Attendance” means the number of attendees anticipated to attend or who participate in a special event, whichever number is greater.

“Attendee” means any person anticipated to attend or participate or who actually does participate in a special event.

“City property” means all real property and improvements owned, operated or controlled by City within the City’s jurisdiction. City property includes, but is not limited to, City Hall, police and fire facilities, recreational facilities, parks, beaches, libraries, streets and sidewalks, streetlights and traffic lights.

“Director” means the Recreation and Senior Services Director.

“Level 1, 2, or 3 permits” means a classification level of permit as determined by the Director, Department Director or Reviewing Authority based on factors such as the nature, size, location, and duration of an event.

“Motorcade” means an organized procession containing twenty-five (25) or more vehicles, except funeral processions, upon any public street, sidewalk or alley.

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City of Newport Beach, CA § 11.03.030 NEWPORT BEACH CODE § 11.03.050

“Operate” means to manage, stage, promote, sponsor or carry on a special event.

“Operator” means the person who manages, stages, promotes, sponsors or carries on a special event.

“Outdoor(s)” means any place other than in a permanent building. “Outdoor(s)” shall include tents, canopies and temporary structures.

“Parade” means any march or procession consisting of people, animals or vehicles, or combination thereof, except funeral processions, upon any public street, sidewalk or alley, which does not comply with traffic regulations or controls provided in this Code and the California Vehicle Code.

“Reviewing Authority” means the person or body authorized under the provisions of this chapter to review and act upon a special event application, i.e., either a specified staff, Department Director or the City Council.

“Special event” means any special event described in Section 11.03.020(B).

“Title 20” or “Zoning Code” means Title 20 of this Code. (Ord. 2004-4 § 1 (part), 2004; Ord. 2013-11 §§ 40, 41, 2013; Ord. 2023-22 § 510, 2023)

A. Special Event Permit. Special event permits are for one-time events and for events which may recur but which are scheduled individually.

B. Bundled Events Permit. Bundled event permits are for multiple events scheduled over a
one year time period by one Applicant. The permit may cover one event that recurs during
the year or a variety of events similar in nature during the year, such as weddings,
anniversaries and birthday parties. Up to twenty (20) events could be scheduled under a
single bundled event permit and there is no limit as to the number of bundled event permits
one venue can apply for in a given year.
(Ord. 2004-4 § 1 (part), 2004)

A. Duration of Events. Events lasting more than thirty (30) consecutive days shall be deemed “temporary land uses” and shall be regulated by Title 20 of this Code.

B. Event Site and Hours of Operation. Special event activities shall be limited to the areas so
designated in the permit approval. Special events shall not be conducted between the hours
of eleven p.m. and seven a.m. unless the Reviewing Authority determines that other hours
of operation will not result in conditions materially detrimental to nearby property owners,
residents, or businesses, or to public health or safety.

C. Other Requirements. In addition to the requirements set out in this section, the Reviewing
Authority may also impose conditions of approval relating to use of City beaches, fire
protection, traffic, parking, security, dust control, water quality protection of the bay and
ocean, noise, temporary structures, signs and banners, outdoor lighting, insurance, which
types and amounts shall be determined by the Risk Manager, and other matters deemed by
the Reviewing Authority to be necessary for protection of public health, safety and general
welfare.

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City of Newport Beach, CA § 11.03.050 RECREATIONAL ACTIVITIES § 11.03.060

D. Use of Fireworks. Any special event, including special events otherwise exempted from the
provisions of this chapter under Section 11.03.020(C) that involve the use of fireworks
shall require written approval by the City Manager, subject to approval of the Fire Chief
and Police Chief.

E. Overnight Habitation. If a special event requires overnight habitation of the site by security,
caretaker, or other personnel, the overnight facilities shall be so identified and approved in
the permit. Approval of the facilities by the County Health Officer may also be required.
(Ord. 2004-4 § 1 (part), 2004; Ord. 2013-11 § 42, 2013; Ord. 2023-22 § 511, 2023)

A. Reviewing Authority. All applicants for special events regulated by this chapter shall apply for a permit from the Recreation and Senior Services Director.

B. Application Filing. Applications for special events shall be made in advance of the start of
the special event. Applications shall be submitted to the appropriate Director, not less than
the number of days established by resolution of the City Council. The City Council
Resolution shall establish time periods for applications to be submitted sufficient to allow
for review of completed applications depending upon the number of attendees and impact
of the special event on City property.

Late submissions shall constitute grounds for denial. However, if an application is made
less than the required time, the Director shall determine if there is sufficient time remaining
for proper review of the application under the provisions of this chapter. If the Director
determines that there is sufficient time for review, an increased fee shall be charged for late
filing, as determined by resolution of the City Council. If the Director determines that there
is not sufficient time, the Applicant shall be given the option of rescheduling the special
event, or withdrawal of the application, or denial of the application. If the application is
withdrawn prior to processing, the Applicant would be given a full refund of fees.

C. Submission Requirements. Applications for special events shall be completed in their
entirety on forms supplied by the Director, and shall include information such as the
Applicant, a description of the special event, a site plan or route plan, and any other
information deemed necessary by the Reviewing Authority to complete review of the
proposal. If the special event is proposed to be operated with, or on behalf of another person
different than the Applicant, the application shall include the name, address and telephone
number of each person who will operate the special event. Any person who applies for a
permit as an authorized agent of the Applicant shall provide written authorization of such
agency.

D. Fee. Applications shall be accompanied by a fee established by resolution of the City
Council. The fee shall be established at a rate to cover the City’s actual costs of review and
processing of the application and to reimburse the City for all City department service
charges the City incurs in connection with or due to the activities under the permit. These
costs are for the direct impacts caused by the special event or those in attendance at the
special event, not actions of onlookers. Prior to issuance of the permit, the Applicant may
be required to submit a cash deposit in an amount sufficient to cover the total City
departmental charges estimated to be incurred in connection with the permit. After the
special event has concluded, City departments shall submit the final invoices and billings
for each department, which shall be totaled into a final invoice and provided to the

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City of Newport Beach, CA § 11.03.060 NEWPORT BEACH CODE § 11.03.060

Applicant, who shall pay any unpaid balance within thirty (30) days of receipt of the
invoice. The fee shall be in addition to other fees required by the Code, and shall not be
waived.

E. Review Process. The Director shall review and act on complete permit applications in
accordance with the procedures set out below. The Director may refer any application to
the City Manager for special review under the procedures set out in subsection G of this
section.

1. Filing. Applications shall undergo initial staff review. Within ten business days of
filing, the Director shall cause the Applicant to be notified in writing whether the
application is complete. If an application is determined to be incomplete, the
notification shall identify those parts of the application that are incomplete and shall
indicate the manner in which they can be made complete. The Director may reject the
application if the Applicant fails to complete the application after having been
notified of the additional information request.

2. Other Department Review. If the Director determines that there are potential traffic
or safety issues associated with a proposed special event, the application shall be
referred to the Police and/or Fire Departments for review of such issues and
recommended conditions of approval. In addition, the Reviewing Authority may refer
the application to any other appropriate staff member or department for review and
recommended conditions of approval.

3. Public Notice. The Director may require a mailed or delivered notice of a proposed
special event to property owners if the Director determines, on a case-by-case basis,
and that the public interest would be served by such notice. The Director may also
require proof of said notice when deemed necessary.

4. Action by Director. After determination that the application is complete, the Director
shall conduct an appropriate investigation, including consultation with other
departments and site visits as deemed necessary. The Director shall then approve a
special event permit, with or without conditions, unless he or she finds that:

a. Special review of the proposed special event by the City Manager is required
under subsection G of Section 11.03.060;

b. One or more of the standards of Section 11.03.050 of this chapter are not met;

c. The special event will cause substantial traffic, safety or health hazards within
any area of the City;

d. The special event will cause excessive noise impacts that will be materially
detrimental to the general public, property owners, residents, or businesses near
the special event site or route;

e. The special event is scheduled to occur at a location and time in conflict with
another special event scheduled for the same day or weekend and such conflict
will create conditions materially detrimental to the general public or to nearby
property owners, residents, or businesses, or would adversely impact the City’s
ability to provide adequate services;

f. The special event is proposed to be located in or upon a building or premises

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City of Newport Beach, CA § 11.03.060 RECREATIONAL ACTIVITIES § 11.03.060

which is hazardous to the health or safety of the special event attendees under the standards established by the Uniform Building or Fire Codes;

g. The time, route, or size of the special event is reasonably likely to substantially
interrupt the safe and orderly movement of traffic contiguous to the special
event site or route, or disrupt the use of a street at a time when it is usually
subject to great traffic congestion; or the special event is not reasonably likely
to move from its point of origin to its point of termination in four hours or less;

h. The concentration of persons, animals and vehicles at the site of the special
event, or the assembly and disbanding areas around a special event, is
reasonably likely to prevent proper police, fire, or ambulance services to areas
contiguous to the special event;

i. The size of the special event is reasonably likely to require diversion of so great
a number of police officers of the City to ensure that participants stay within the
boundaries or route of the special event, or to protect participants in the event,
as to prevent normal protection to the rest of the City. Nothing herein authorizes
denial of a permit because of the need to protect participants from the conduct
of others, if reasonable permit conditions can be imposed to allow for adequate
protection of special event participants with the number of police officers
available to police the special event;

j. The location of the special event is reasonably likely to substantially interfere
with any construction or maintenance work scheduled to take place upon or
along the City streets, or a previously granted encroachment permit;

k. The special event lacks adequate parking for employees and the public attending
the proposed event under the applicable standards of Title 20 of this Code,
except where the special event is part of an existing legal nonconforming use
with respect to parking;

l. The application is made by an Applicant for a special event where conditions of
a previous permit issued to the Applicant were violated, or where any City
ordinance, rule or regulation was violated;

m. The special event is in conflict with applicable provisions of any federal, state
and/or local laws;

n. Information in the application or supplemental information is found to be materially false or misleading;

o. The special event will have an adverse effect on the health, safety or welfare of
the public;

p. The special event will consist of a parade or motorcade which is proposed to be
held for the sole purpose of advertising any product, goods, wares, merchandise,
or event, and is designed to be held purely for private profit;

q. The applicant refuses to agree to abide by and comply with all of the conditions
of the special event permit; and

r. The Chief of Police makes any finding contrary to the findings required to be

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City of Newport Beach, CA § 11.03.060 NEWPORT BEACH CODE § 11.03.060

made for the issuance of a special event permit.

The Director shall approve, conditionally approve, or deny an application on one
or more of the grounds specified above. The Director shall act as expeditiously as
possible and, in any case: (i) no later than thirty (30) days after the Director received
a completed application pursuant to subsection (E)(1) above. If the application is
denied or approved on conditions other than those accepted by the Applicant, the
Director shall inform the Applicant of the grounds for denial of the application in
writing, or the reason for the conditions imposed, simultaneously with notice of the
decision, and shall further inform the Applicant of his or her right of appeal.

If the Director relied on information about the special event on other than that
contained in the application, the Director shall inform the Applicant of the additional
information he or she considered. The Applicant shall be notified of any permit
conditions at the time the application is approved and of the Applicant’s right to
appeal the permit conditions. If the Director determines that good cause to consider
a late application does not exist under Section 11.03.060(B) within seven days of
receipt of the late application, the Director shall inform the Applicant of the reason
for his or her determination regarding lack of good cause and of the Applicant’s right
of appeal. If a Level 1 permit is denied by the Reviewing Director that decision is
final.

5. Conditions of Approval. As conditions for granting a special event permit, the
Director may impose reasonable terms and requirements concerning the time and
place of the special event; the area and manner of conducting the special event; the
maximum number of attendees; the intensity of sound amplification; the protection of
the bay and ocean relative to water quality; the regulation of traffic; the number and
size of signs and banners; any traffic barricades to be provided by the Applicant;
whether alcoholic beverages are allowed; and such other requirements as the Director
finds reasonable and necessary for the protection of persons and property.

6. Permit Issuance. If the permit is approved, the Director shall cause the permit to be
issued subject to confirmation that all information and documents required by this
chapter have been filed, all required fees, deposits, and sureties have been paid or
posted, and all conditions of approval have been provided for.

7. Applicant Notification. After action on the application, the Director shall cause the
Applicant to be notified in writing within five days of the decision. The Applicant
may appeal decisions by the Director to the City Manager in accordance with this
section.

F. Appeals to City Manager. Within ten (10) days of the date of written notification of action
by the Director, an applicant for a Level 2 or Level 3 permit may appeal any denial of the
application or any condition of approval to the City Manager. The City Manager shall hear
appeals at least ten (10) days following filing of the appeal. The City Manager’s decision
on the appeal of a Level 2 permit shall be final as to the City but subject to judicial review
pursuant to California Code of Civil Procedure Section 1094.5.

G. Special Review by City Manager. Applications for special events which the Director
determines has the potential for greater-than-usual noise, traffic or other impacts on nearby
property owners, residents, and businesses, may require special review by the City

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City of Newport Beach, CA § 11.03.060 RECREATIONAL ACTIVITIES § 11.03.080

Manager. The City Manager shall review the application with the Applicant at least ten days following the Director’s decision that the application requires special review.

H. Appeals or Calls for Review of City Manager Decision. The City Manager’s decision under subsection (F) or (G) of this section shall be rendered within ten (10) days of his or her consideration of the appeal or special review. The City Manager shall approve the application unless he or she makes one or more of the findings for denial set out in subsection (E)(4) of this section, in which case the City Manager may deny the application. In approving a special event permit, the City Manager may impose conditions of approval, as set out in subsection (E)(5) of this section. The City Clerk shall notify the applicant in writing within five days of the City Manager’s decision. The City Manager’s decision on an appeal under subsection (F) of this section for all Level 2 permits shall be final as to the City but subject to judicial review pursuant to California Code of Civil Procedure Section 1094.5. The City Manager’s decision under subsection (G) of this section and on all Level 3 permits may be appealed or called for review pursuant to Section 11.03.100. (Ord. 2004-4 § 1 (part), 2004; Ord. 2013-11 §§ 43—46, 2013; Ord. 2015-9 § 15, 2015; Ord. 2023-22 § 512, 2023)

Events.

A. City Services Deposit. The Applicant or Operator of the special event involving the sale of
food or beverages, erection of structures, participation of horses or other large animals, use
of water aid stations or other events for which the need for cleanup is likely, shall be
required to provide a City services deposit prior to the issuance of a special event permit.
The City services deposit and cleanup plan shall be in the amount established in a deposit
fee schedule for special events adopted by Resolution of the City Council.

B. Refund. The City services deposit shall be refunded after the special event when in the
opinion of the Director the area used for the permitted special event has been fully cleaned
and restored to the same condition as existed prior to the special event. If the actual cost for
cleanup is less than the estimated cost, the Applicant will be refunded the difference.

C. If City property is damaged or destroyed by reason of the operator’s use, special event or
activity, the applicant or operator shall reimburse City for the actual cost of replacement or
repair of the damaged or destroyed property. All such costs shall be included into the
invoice referenced above, unless an accurate cost for replacement or repair of one or more
items of City property cannot then be ascertained, in which case, City may bill the applicant
or operator when such information becomes available.

D. Appeals. If the applicant or operator disputes the cleanup charge, he or she may appeal to
the Director within five days after receipt of the cleanup bill. The Director shall hear the
appeal and the decision of the Director shall be final as to the City but subject to judicial
review pursuant to California Code of Civil Procedure Section 1094.5.
(Ord. 2004-4 § 1 (part), 2004; Ord. 2023-22 § 513, 2023)

Prior to the issuance of a special event permit, the applicant must sign an indemnification agreement to reimburse City for any costs incurred to repair damage to City property occurring in connection with the permitted special event and proximately caused by the acts or omissions

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City of Newport Beach, CA § 11.03.080 NEWPORT BEACH CODE § 11.03.110

of the operator, its officers, employees, or agents, or any person who was under the applicant’s or operator’s control insofar as permitted by law. The indemnification agreement shall also provide that the applicant shall defend the City against, and indemnify and hold the City harmless from, any liability resulting from any damage or injury occurring in connection with the special event proximately caused by the acts or omissions of the applicant, its officers, employees or agents, or any person who was under the applicant’s control insofar as permitted by law.

For purposes of this section, a person who merely is an attendee of the special event is not considered, by reason of attendance or participation alone, to be “under the control” of the applicant. (Ord. 2004-4 § 1 (part), 2004)

A. The City Manager may revoke any special event permit issued pursuant to this chapter after written notice to the permit holder for any of the following causes:

1. Failure to Comply. The permit holder fails, neglects or refuses to fulfill any of the
provisions of the permit or its conditions of approval;

2. Misrepresentation. The permit holder has made a material misrepresentation in the
application or any other document required pursuant to this chapter;

3. Violation of Law. The permit holder has violated state, federal or local laws or
regulations in his or her conduct of the special event;

B. Revocation shall become effective at the date and time ordered by the City Manager.
(Ord. 2004-4 § 1 (part), 2004)

Except as expressly provided herein, if an applicant is aggrieved by any decision of the City Manager under this chapter, the applicant may appeal to the City Council by filing with the City Clerk a statement addressed to the City Council setting forth the facts and circumstances regarding the City Manager’s decision and the basis for the appeal. The appeal shall be accompanied by a fee as established by resolution of the City Council. A member of the City Council, in their official capacity, may call for review any action of the City Manager under this chapter for the purpose of bringing the matter in front of the entire body for review. A call for review is exempt from the payment of a fee and shall be filed with the City Clerk on a form provided by the Clerk. The City Clerk shall provide written notification of the time and place set for hearing the appeal or call for review. The City Council at its next regular meeting held not less than ten (10) days from the date on which the appeal or call for review was filed with the City Clerk shall hear the appeal or call for review and all relevant evidence. The City Council may sustain, overrule or modify the action of the City Manager, and decision of the City Council shall be final as to the City but subject to judicial review pursuant to California Code of Civil Procedure section 1094.5.

The right to appeal or call an item for review shall terminate upon the expiration of ten (10) days following service of the notice advising the applicant of the action of the City Manager. The notice shall be served in the manner provided in Section 1.08.080. (Ord. 2004-4 § 1 (part), 2004; Ord. 2015-9 § 16, 2015; Ord. 2023-22 § 514, 2023)

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City of Newport Beach, CA § 11.03.110 RECREATIONAL ACTIVITIES § 11.03.120

Charges, fees and permits required by this chapter shall be in addition to any license, permit or fee required under any other chapter of this code, and may not be waived unless with the expressed written permission of the City Manager when deemed that given the nature of the event, it would be appropriate for the City to be a co-sponsor of the event; thereby, waiving a portion or all related fees. (Ord. 2004-4 § 1 (part), 2004)

A. No person shall knowingly violate any of the terms of a special event permit.

B. No person shall knowingly join, interfere with or participate in any permitted special event without the consent, and over the objection of, the special event permittee. (Ord. 2013-11 § 47, 2013)

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City of Newport Beach, CA § 11.04.010 RECREATIONAL ACTIVITIES § 11.04.020