Chapter 14.04 — UTILITIES DEPARTMENT – GENERAL REGULATIONS1

No person shall interfere with or obstruct the Utilities Director, or any of the Utility Director’s appointed agents or employees, in the execution of any lawful order or the provisions of this chapter in the maintenance and operation of the Utilities Department. (Ord. 92-31 § 1 (part), 1992; Ord. 96-22 § 1 (part), 1996; Ord. 2013-11 § 75, 2013; Ord. 2018-8 §§ 1—3, 2018; Ord. 2023-22 § 630, 2023)

No person, other than the Utilities Director, or the Utilities Director’s duly appointed agents or employees, shall remove, change, disturb, or in any way tamper or interfere with any of the facilities, apparatus, appliances, or property used or maintained for the production, storage or supply of water by the City to consumers thereof, or without prior permission of the Utilities Director, turn the water on or off from the premises or place. (Ord. 92-31 § 1 (part), 1992; Ord. 96-22 § 1 (part), 1996; Ord. 2023-22 § 631, 2023)

The City shall in no way whatsoever be responsible for any damage to person or property because of any leakage, breakage or seepage from, or accident or damage to any meter or pipe situated within any private property, and the City shall not be responsible for any leakage, breakage or seepage from any pipe situated between any meter properly installed at the curb and the private property or loss occasioned directly or indirectly by the existence of any meter or pipe situated upon private property, unless damage is caused by City facilities or forces. (Ord. 92-31 § 1 (part), 1992; Ord. 96-22 § 1 (part), 1996)

Public fire hydrants shall be placed, maintained and repaired by the Utilities Department. Any damage thereto by persons or agency other than representatives of the Fire Department or Utilities Department shall be a claim against the person or agency committing such damage, and the Utilities Director shall take such action as may be necessary to collect the same.

Fire hydrants are provided for the sole purpose of extinguishing fires and shall be used otherwise only as herein provided for, and shall be opened and used only by the Utilities Department and Fire Department or such persons as may be authorized to do so by the Chief of the Fire Department, or the Utilities Director as herein provided. (Ord. 92-31 § 1 (part), 1992; Ord. 96-22 § 1 (part), 1996; Ord. 2013-11 § 76, 2013; Ord. 2018-8 §§ 1—3, 2018; Ord. 2023-22 § 632, 2023)

All persons desiring to use water through fire hydrants, or other hydrants owned or controlled by the City, shall be required to obtain a permit, first from the Fire Chief and second from the Utilities Director, who shall issue no such permit to any person who has violated any of the

1. Prior history: 1949 Code §§ 7200—7203, 7232—7241, 7241.1—7241.3, 7243 and 7244; Ords. 917, 1005, 1067 and 84-17.

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City of Newport Beach, CA § 14.04.080 NEWPORT BEACH CODE § 14.04.140

provisions of this chapter or whose indebtedness to the City for water used or damage to hydrants or equipment is delinquent. All such persons having a permit for use of water from the fire hydrants must provide hydrant wrenches for the operation of such fire hydrants. (Ord. 92-31 § 1 (part), 1992; Ord. 96-22 § 1 (part), 1996; Ord. 2018-8 §§ 1—3, 2018; Ord. 2023-22 § 633, 2023)

Permit for the use of water through the fire hydrants of the City may be canceled at the will of the Utilities Director on evidence that the holder thereof is violating or has violated the privileges conveyed thereunder. Such notice of cancellation shall be in writing delivered or mailed to the persons to be notified and shall be immediately effective and enforced. (Ord. 92-31 § 1 (part), 1992; Ord. 96-22 § 1 (part), 1996; Ord. 2023-22 § 634, 2023)

No person shall obstruct the access to any fire hydrant by placing around or thereon any stone, brick, lumber, dirt or other material, or wilfully or carelessly injure the same, or open or operate any fire hydrant, or draw or attempt to draw water therefrom, except as provided in Section 14.04.080. (Ord. 92-31 § 1 (part), 1992; Ord. 96-22 § 1 (part), 1996)

The City reserves the right to shut off the water from any premises, or from any part of the distributing system, as long as necessary, without notice to consumers, at any time of emergency; but in all cases of extensions or connections, the departments shall notify occupants of the premises of the necessity of shutting off water and the probable length of time the water shall be so shut off before taking such action. (Ord. 92-31 § 1 (part), 1992; Ord. 96-22 § 1 (part), 1996)

Any officer, employee or duly authorized representative of the Utilities Department shall have the right of ingress and egress to the consumer’s premises at all reasonable hours for any purpose reasonably connected with the furnishing and conservation of water or for the inspection of the entire water system upon the premises. (Ord. 92-31 § 1 (part), 1992; Ord. 96-22 § 1 (part), 1996; Ord. 2018-8 §§ 1-3, 2018)

It shall be the duty of the employees of the City to give vigilant aid to the Utilities Director in the enforcement of the provisions of this chapter, and to this end they shall report all violations which come to their knowledge, to the Utilities Department; and it shall be the duty of the Fire Chief and Harbor Department to report immediately to the Utilities Director in case of fire in premises having metered service for fire protection purposes that fire has occurred there. (Ord. 92-31 § 1 (part), 1992; Ord. 96-22 § 1 (part), 1996; Ord. 2018-8 §§ 1—3, 2018; Ord. 2023-22 § 635, 2023)

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City of Newport Beach, CA § 14.04.140 WATER AND SEWERS § 14.04.190

Water may be sold by the City to consumers outside the City in the manner hereinafter provided. (Ord. 92-31 § 1 (part), 1992; Ord. 96-22 § 1 (part), 1996)

Subject to all restrictions on the City’s power to do so, water may be sold by the City for use outside the City within the boundaries of the Municipal Water District of Orange County to persons or public agencies, or the assigns of either, who own contractual rights or interests in any City transmission main or mains or to whom the City has an obligation, pursuant to any contract heretofore or hereafter approved by the voters of the City, to supply water for such use. Except when the provision of contracts heretofore made require otherwise, such sales shall be made and subject to the same rules and regulations as sales of water are made to inhabitants of the City. A written contract authorized by the City Council setting out the terms and conditions of the sale and any special circumstances applicable thereto shall be required with each such person or agency who desires to purchase water for use outside the City. (Ord. 92-31 § 1 (part), 1992; Ord. 96-22 § 1 (part), 1996; Ord. 2023-22 § 636, 2023)

Subject to all restrictions on the City’s power to do so, the City may sell water, to the extent it has a supply in excess of that required to adequately serve the inhabitants of the City and the persons and agencies described in Section 14.04.150, to other persons or agencies for use outside the City within the boundaries of the Municipal Water District of Orange County, but only so long as the excess supply continues. The City may sell on a month-to-month basis or may require a contract with each purchaser where the City determines it to be in the best interests of the City to do so. Such sales shall be subject to the same rules and regulations as for water used inside the City. The City is under no obligation to continue any such service, and no purchaser receiving such service shall acquire any right to have the service continued. (Ord. 92-31 § 1 (part), 1992; Ord. 96-22 § 1 (part), 1996; Ord. 2023-22 § 637, 2023)

Water may be sold by the City for use outside the City within the boundaries of the Municipal Water District of Orange County and within the service area of any water distributing agency, the assets of which have been acquired by the City from such agency. Such sales shall be subject to the same rules and regulations as for water sold within the City. (Ord. 92-31 § 1 (part), 1992; Ord. 96-22 § 1 (part), 1996; Ord. 2023-22 § 638, 2023)

All persons applying for or receiving water service either within or outside the City shall be required to accept and shall be deemed to have consented to such conditions of pressure and service as are provided at the location served, and as a condition of service shall be and are hereby required to hold the City harmless from any damages arising out of low pressure or high pressure conditions or interruptions of service. (Ord. 92-31 § 1 (part), 1992; Ord. 96-22 § 1 (part), 1996)

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City of Newport Beach, CA § 14.04.190 NEWPORT BEACH CODE § 14.04.190

The City shall not be liable for any damage to persons or property caused in any manner by the use of water beyond its meters nor for any damage resulting from its failure or inability to deliver water for any length of time. (Ord. 92-31 § 1 (part), 1992; Ord. 96-22 § 1 (part), 1996)

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City of Newport Beach, CA § 14.08.010 WATER AND SEWERS § 14.08.040