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Earlier editions: 2026-09

Title 11 — Recreational Activities

Newport Beach Municipal Code § 11.08.010 Obstructions on Public Beaches Prohibited

Newport Beach Municipal Code · 2026-10 edition · updated 2026-10-04 · Newport Beach

Cite as: Newport Beach Municipal Code § 11.08.010 · Text as of 2026-10-04

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Removal of refuse required—See Section 6.04.050.

§ 11.08.010. Obstructions on Public Beaches Prohibited.

No person shall install, erect, or place any sign, recreational equipment (such as volleyball or badminton pole/net, portable play apparatus, and trampoline), fence, fire pit or barbecue, or similar encroachment on any public bay beach, ocean beach, tideland or park unless authorized or permitted to do so by formal action of the City Council, the written consent of the City Manager, or the provisions of this Code. Except as provided in Section 11.08.020, the provisions of this section shall not prohibit the placement of a shade covering including, but not limited to, umbrellas, canopies, tents or similar objects, on any ocean beach, bay beach or tideland.

(Ord. 99-23 § 1, 1999; Ord. 2009-18 § 1, 2009)

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§ 11.08.020. Use of Shade Coverings.

A. Unless authorized by the City Council, City Manager, authorized City personnel or a special event permit, no person shall install, erect or maintain any shade covering on any ocean beach, bay beach, public park adjacent to an ocean or bay beach, or tideland that:

  1. Is connected, attached, or tied in any manner to another shade covering.

  2. Is positioned so that both the base and the outer edge of the canopy, fabric, or covering are located less than five feet from the base or outer edge of any other shade covering. The required separation shall be measured horizontally from the closest point of the canopy, fabric or covering and from the closest point of the base, pole, frame, or anchoring point.

  3. Is grouped, arranged or positioned to allow multiple shade coverings to function as a single structure or to expand the usable shaded area, regardless of whether the individual shade covering meets the spacing requirements set forth in this section.

  4. Is not sufficiently anchored to prevent displacement by wind or tides. No ropes, cords, guy lines, stakes, or similar devices may extend beyond the perimeter of the shade covering, and improvised anchors including, but not limited to, concrete blocks, buckets, coolers, or water-filled containers, are prohibited.

  5. Exceeds six feet in height or six feet in width at its widest point.

  6. Is closed to public view on more than one side or obstructs line-of-sight access from the surrounding beach or shoreline.

  7. Is located within 50 feet of any lifeguard tower, emergency access point, or public access point. Proximity shall be measured horizontally from the nearest point of the shade covering to the base/edge of any lifeguard tower, emergency access point, or public access point.

  8. Interferes with a lifeguard's ability to observe the water or adjacent lifeguard towers.

  9. Prohibits reasonable ingress and egress on any ocean beach, bay beach, public park adjacent to an ocean or bay beach, or tideland. Such areas shall be clearly marked by City personnel or City contractors through signage, cones, flags, painted markings, or other visible means indicating that the area is reserved for ingress and egress.

  10. Is placed in proximity to a fire ring so as to create a fire hazard. The reasonableness of proximity shall be determined by existing conditions. Under no condition shall a shade covering be within 10 feet of any exposed fire.

B. Shade coverings shall only be erected, maintained, or occupied on any ocean beach, bay beach, public park adjacent to an ocean or bay beach, or tideland during daytime hours (6:00 a.m. to 7:00 p.m.) and only when a responsible person is present in the immediate vicinity.

C. A shade covering shall be immediately removed during hazardous weather conditions, high wind advisories, emergency operations, or when otherwise directed by a fire official, lifeguard, law enforcement officer, or other authorized City personnel for public safety reasons.

D. Any shade covering that violates subsections (A)(7) through (A)(10) or (C) of this section, shall be immediately relocated at the request of a fire official, lifeguard, law enforcement officer, or other authorized City personnel. Failure to immediately comply with a request to relocate shall constitute a violation of this section.

E. For purposes of this section the term "shade covering" shall include any umbrella, canopy, or other shade structure.

(1949 Code § 4200a; Ord. 2009-18 § 2, 2009; Ord. 2026-2, 2/24/2026)

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§ 11.08.030. Use of Beaches at Night.

A. Prohibited Hours. Except as provided in subsection (B) of this section, no person shall be allowed or permitted on any public bay, beach nor any ocean front beach between the hours of 10:00 p.m. and 6:00 a.m. of the following day;

B. Temporary Modification. The City Manager may, when necessary to protect the safety of persons or property, temporarily modify the beach and pier closure hours established in this Code. In no event shall the modification of hours continue for a period of more than two weeks. The modification shall not be effective until notice of the new hour, and the effective dates is filed with the City Clerk.

(1949 Code § 4201; Ord. 1362 § 1, 1970; Ord. 1381 § 1, 1971; Ord. 825 (part), 1957; Ord. 89-10 § 1, 1989; Ord. 93-6 § 1, 1993; Ord. 93-28 § 1 (part), 1993)

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§ 11.08.040. Sleeping in Vehicles or on Beaches and Piers.

A. It is unlawful for any person to occupy for the purpose of sleeping or living in any vehicle parked any place within the corporate limits of the City of Newport Beach, provided, however, this section shall not apply to persons sleeping in any vehicle situated within an area designated for overnight camping by resolution of the City Council of the City of Newport Beach or other governmental entity having jurisdiction over the property. “Occupy for sleeping or living” shall include but not be limited to acts of sleeping, living in, occupying as a dwelling or any other sojourn or stay within the vehicle not directly relating to driving said vehicle.

B. It is unlawful for any person to sleep on any beach, whether public or private, or public pier or dock at any time between the hours of 9:00 p.m. and 9:00 a.m. of the next day.

C. It is unlawful for any person to carry onto or use on any ocean pier between the hours of 9:00 p.m. and 9:00 a.m. of the next day any furniture, sleeping bag, mattress, chaise lounge or similar item normally used for sleeping.

(1949 Code § 4235; Ord. 679 (part), 1953; Ord. 1429 § 4, 1972; Ord. 1878 § 1, 1981; Ord. 82-7 § 2, 1982; Ord. 93-28 § 1 (part), 1993)

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§ 11.08.050. Disposal of Noncombustible Refuse.

No person shall throw, place, bury or otherwise dispose of broken glass, crockery, ashes, cinders, bottles, tin cans, and other similar noncombustible waste matter upon any beach within the City, except in such receptacles as may be provided for by the City for the deposit of such waste matter.

(1949 Code § 4203)

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§ 11.08.055. Dangerous Articles – Glass Containers on Beach.

No person shall have, possess or use any dangerous article or container such as a bottle, glass, crockery or other article used for carrying or containing any liquid for drinking purposes upon any beach or adjacent sidewalk area in the City of Newport Beach. This prohibition shall also apply to any beach in the County-owned property known as the Harry Welsh Memorial Park, also sometimes referred to as the Newport Dunes.

(Ord. 1888 § 1, 1981)

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§ 11.08.060. Use of Beach Fire Rings.

A. No person shall burn, ignite or otherwise set on fire any material in a fire ring or fire pit, except natural wood, lighter fluid, fire log(s), or charcoal (collectively “fuel”), unless the person is burning the fuel in a fire ring or fire pit that has been specifically designated by the City Manager as a fire ring or fire pit where the designated fuel may be burned. The City Manager shall designate what fuel may be burned in fire rings and fire pits in accordance with the Coastal Development Permit related to the location and use of fire rings.

B. For purposes of this section, the following terms shall be defined as follows:

“Natural wood”

means the hard fibrous substance consisting basically of xylem that makes up the greater part of the stems, branches, and roots of trees and shall not include any material that has been processed or treated including, but not limited to, wooden pallets, books, newspapers, furniture, or construction materials.

“Fire log”

means any manufactured log constructed of sawdust; sawdust and paraffin; or waste fiber from the oil palm.

“Charcoal”

means a carbon substance obtained as a residue when wood or other organic matter is heated in the absence of air.

(Ord. 2014-2 § 1, 2014; Ord. 2015-21 § 1, 2015)

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§ 11.08.070. Removal of Beach Sand.

No person shall remove any sand from any public beach within the City, unless he shall have first obtained the written approval of the City Manager if the quantity of beach sand to be removed does not exceed five cubic yards or the approval of the City Council if the quantity to be removed exceeds five cubic yards.

(Ord. 1187 § 1, 1966)

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§ 11.08.090. Vehicle Restrictions on Public Piers and Plazas.

A. Prohibition. Subject to the exceptions set forth in subsection (C) of this section, no person shall, at any time, drive, operate, park or leave standing any motor vehicle on any public pier, including the Newport Pier, McFadden Plaza, Balboa Pier, or Balboa Plaza.

B. Light-Duty Commercial Vehicle Defined. For the purpose of this section, “light-duty commercial vehicle” shall mean any vehicle that does not exceed six thousand (6,000) pounds gross vehicle weight.

C. Exceptions. The prohibition set forth in subsection (A) of this section shall not apply to the following:

  1. Light-duty commercial vehicles while discharging or loading supplies to the concessions and restaurants on the piers between the hours of six a.m. and eleven a.m.;

  2. Any City vehicles or vehicles displaying a permit issued by the City Manager or the Public Works Department;

  3. Tenants operating under an existing contract with the City which provides for delivery access by commercial vehicles.

(Ord. 2008-3 § 1, 2008)

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