Newport Beach Municipal Code Ch. 12.62 Temporary Street Closure

No person shall temporarily close any portion of a public street or alley to vehicular or pedestrian traffic for the purpose of conducting a street dance, neighborhood party, commercial promotional activity or special event, storage of construction materials, storage of construction equipment or for any other purposes without first obtaining a permit from the City Manager as hereinafter provided. The requirements of this chapter shall not be applicable to governmental agencies.

(Ord. 1271 § 1 (part), 1968; Ord. 1748 § 1, 1977; Ord. 85-2 § 1, 1985)

Applications for street closure permits shall be filed with the City Manager on forms which shall contain the following information:

A. The name, address and telephone number of the sponsoring individual or organization.

B. The exact location of the street or alley which applicant requests permission to close.

C. The date and hours for which the permit is requested.

D. The purpose of the activity or special event.

E. An application fee as established by resolution of the City Council.

F. Such other information as the City Manager may require in order to evaluate the application.

(Ord. 1271 § 1 (part), 1968; Ord. 87-30 § 1, 1987)

The City Manager may issue a permit if the City Manager determines that the granting of the application for the time and location requested will not unreasonably inconvenience the public, create unusual traffic or policing problems, or interfere with the peace and quiet of the surrounding neighborhood. If the City Manager determines not to issue a permit, the City Manager may either deny the same or refer the application to the City Council for a decision. If the City Manager decides to not issue the permit, the City Manager shall notify the applicant in writing, in the manner provided in § 1.08.080, of the City Manager's decision to deny the permit and of the right to appeal said decision to the City Council or, if the matter is referred to the City Council, the date, time and location the application will be considered by the City Council.

If the City Manager issues a permit, the City Manager may impose such conditions in connection with its issuance as the City Manager deems reasonably necessary to ensure that the activity or special event will be conducted in an orderly manner with a minimum of inconvenience to the public. In addition, the City Manager may require that the permittee provide:

A. Insurance, which types and amounts shall be determined by the Risk Manager.

B. A security deposit to be used to reimburse the City for all extraordinary costs resulting from the activity or special event, such as placing and removing barricades, extra traffic control or police protection, and street sweeping and cleanup.

In addition to any fine or penalty that may be imposed pursuant to any provision of this Code, the City Manager may revoke a temporary street closure permit on the following grounds:

1. The permittee has ceased to meet the conditions of the permit;

2. The permit holder has provided false information or made a misrepresentation of a material fact in the application for the permit; or

3. The street closure permit activity creates a public nuisance that constitutes a health or safety hazard.

(Ord. 1271 § 1 (part), 1968; Ord. 2023-22 § 566, 2023; Ord. 2026-1, 2/10/2026)

If an applicant is aggrieved by any action or failure to act upon the part of the City Manager in issuing, failing to issue, suspending or revoking any permit under this chapter, such applicant may appeal to the City Council by filing with the City Clerk and paying the fee, established by resolution of the City Council within the timeframes specified below, a statement addressed to the City Council setting forth the facts and circumstances regarding the action or failure to act on the part of the City Manager. A member of the City Council, in their official capacity, may call for review any action of the City Manager in issuing, failing to issue, suspending, or revoking any permit under this chapter for the purpose of bringing the matter in front of the entire body for review. A call for review shall be filed with the City Clerk on a form provided by the Clerk. The City Clerk shall notify the applicant in writing by certified mail of the time and place set for hearing his appeal or call for review. The City Council, at its next regular meeting, held not less than five days from the date on which such appeal or call for review shall have been filed with the City Clerk shall hear the applicant, the City Manager, and all relevant evidence. The City Council may sustain, overrule, or modify the action of the City Manager, and 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 § 1094.5.

The right to appeal or call an item for review regarding the denial, suspension or revocation of any permit required by this chapter shall terminate upon the expiration of 15 days following the notification of the applicant of the action of the City Manager and of the right to appeal such action to the City Council, which notice shall be served in the manner provided in § 1.08.080.

(Ord. 1271 § 1 (part), 1968; Ord. 2015-9 § 17, 2015; Ord. 2023-22 § 567, 2023; Ord. 2026-1, 2/10/2026)

Should any portion of a public street or alley be improperly closed to vehicular or pedestrian traffic without a properly issued permit or should a street or alley remain temporarily closed after the expiration of a lawfully issued permit, the City may remove, or cause to be removed, any obstruction, material, container or other item causing the public street or alley to be temporarily closed. The cost of removal shall be borne by the person permitting or causing the obstruction, material or container to be placed upon the public street or alley so as to temporarily close a portion thereof. Prior to removal of any such item by the City, the City shall notify the owner of said item that the City intends to remove the same within three days of the date of service of notice to the owner to remove. Thereafter, the City may remove, or cause to be removed, any such item which is improperly placed or left remaining on a public street or alley and bill the owner or person causing the placement thereof. In the event the placement and storage of said item creates an immediate and substantial threat to public health, safety and welfare and it is impractical to serve the notice as provided hereinabove, the City may forthwith cause the removal of the same and the owner thereof shall be liable to pay the cost of removal to the City upon billing.

(Ord. 1748 § 2, 1977)