Chapter 12.64 — VEHICULAR NUISANCES

This chapter is designed to regulate the operation of registered and unregistered motorcycles, motordriven cycles, jeeps, dune buggies and other motor vehicles by all persons, whether they possess a valid California motor vehicle operator’s license or not, upon unimproved private property and upon all public property except highways in the City of Newport Beach. (Ord. 1350 § 1 (part), 1970)

A. Motorcycle. A “motorcycle” is any motor vehicle other than a tractor having a seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground and weighing less than one thousand five hundred (1,500) pounds.

B. Motor-Driven Cycle. A “motor-driven cycle” is any motorcycle, including every motor
scooter or minibike, with a motor which produces not to exceed five horsepower, and every
bicycle with motor attached.

C. Highway. “Highway” is a way or place of whatever nature, including streets and alleys,
publicly maintained and open to the use of the public for purposes of vehicular travel.

D. Unimproved Private Property. “Unimproved private property” shall mean any parcel of
land which either contains no structures or which is not surfaced with cement, concrete,
asphaltic concrete, or other similar material, or which does not have a hard surface made
up of a mixture of rock, sand or gravel bound together with a chemical or mineral substance
other than natural soil.
(Ord. 1350 § 1 (part); August 24, 1970)

A. No person shall operate a motorcycle, motordriven cycle, jeep, dune buggy or other motor vehicle upon any public sidewalk, walkway, parkway or in any public park or recreational area or upon any other publicly owned property, except highways, within the City of Newport Beach. This shall not be construed to prohibit the operation of a motorcycle or motor-driven cycle or any motor vehicle having a valid California vehicle registration, by any person possessing a valid California operator’s license, upon the public highways in the City of Newport Beach.

B. No person shall operate a motorcycle, motordriven cycle, jeep, dune buggy or other motor vehicle upon any unimproved parcel of real property within the City of Newport Beach, except as set forth in Section 12.64.040 below.

C. No person shall operate a motorcycle, motordriven cycle, jeep, dune buggy or other motor vehicle on any private park, recreational area, landscaped area or green belt area located within a residential community. (August 24, 1970; Ord. 1350 § 1 (part))

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City of Newport Beach, CA § 12.64.040 NEWPORT BEACH CODE § 12.64.070

A. The provisions of Section 12.64.030 shall not apply to a public officer or employee acting within the scope of his employment or to the agents or employees of the owner of any private property while acting within the scope of their employment.

B. The provisions of Section 12.64.030 shall not apply to the operation of such vehicles on driveways, parking lots, race courses, or other places where the public is invited to operate such vehicles so long as such vehicles are operated in a reasonable manner.

C. Any person desiring to operate a motorcycle, motor-driven cycle, jeep, dune buggy or other motor vehicle on any unimproved private property may do so upon first obtaining a permit from the Chief of Police of the City of Newport Beach. Permits shall be issued upon the determination by said Chief of Police that (a) the owner or owners of said real property concerned, or the person or persons in lawful possession thereof under a long term ground lease, have consented in writing to the proposed operation; (b) that the City Fire Chief has certified that such proposed operation will not create any undue fire hazard by reason of the nature of the property concerned; and (c) that such operation is of sufficient distance from occupied residences, churches, assembly halls or schools that it will not be likely to create a nuisance as the result of noise, dust or exhaust fumes. This section shall not apply to the owner or person in lawful possession of said private unimproved property. (August 24, 1970; Ord. 1350 § 1 (part))

The operation of any motorcycle, motor-driven cycle, jeep, dune buggy or other motor vehicle on unimproved private property by authority of a permit issued in accordance with the provisions of Section 12.64.040 above shall be limited to the hours commencing one hour after sunrise and ending one-half hour after sunset, unless otherwise specified by the Chief of Police. The operation of said vehicles shall not be permitted nearer than two hundred (200) yards to any residential structure, church, assembly hall or school. Each permit so issued shall specify the effective date or dates of operation for which the permit is valid and shall further specify the area or areas of permitted operation. The permit shall be displayed on the vehicle at all times and shall be presented to any peace officer on request. The permit is not, and shall so state on its face, an expression by the City that such proposed operation can be done with safety to the operator or other persons or property, all of which said risks are assumed by the permittee or property owner. (August 24, 1970; Ord. 1350 § 1 (part))

Every permit granted under this ordinance or any section thereof is granted and accepted by all parties with the express understanding that the Chief of Police may hold a public hearing, notice of the time and place of which shall be given by mail to the licensee, at the address shown on the permit; and that if after such hearing the Chief of Police finds that any grounds for revocation exist, the Chief of Police may revoke or suspend such permit; and that if the facts or conditions constituting the grounds for revocation are an immediate threat to the public peace, health or safety, the Chief of Police pending such hearing may suspend such permit for not more than thirty (30) days. Grounds for revocation are: excessive noise, dust and fumes; land erosion; fire hazard; or any law or ordinance being violated in connection with this activity. (August 24, 1970; Ord. 1350 § 1 (part))

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City of Newport Beach, CA § 12.64.070 VEHICLES AND TRAFFIC § 12.64.070

Any person whose application for a permit is denied or revoked may appeal such decision to the City Council by filing a written notice of appeal with the City Clerk within ten (10) days after notification by the Chief of Police that said permit has been denied. A member of the City Council, in their official capacity, may call for review any decision of the Chief of Police under this chapter by filing written notice with the City Clerk within ten (10) days after the Chief of Police’s decision. A call for review shall be for the purpose of bringing the matter in front of the entire body for review. The City Council shall thereupon conduct a hearing on said appeal or call for review within thirty (30) days from the date of filing said notice of appeal or call for review with the City Clerk. The 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. (Ord. 1350 § 1 (part), 1970; Ord. 2015-9 § 18, 2015; Ord. 2023-22 § 577, 2023)

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City of Newport Beach, CA § 12.66.010 VEHICLES AND TRAFFIC § 12.66.050