Newport Beach Municipal Code Ch. 1.04 Code Enforcement

The provisions of this section represent the means and methods by which the City of Newport Beach intends to secure compliance with the provisions of this Code. The City may use any or all of the enforcement options in securing compliance with the provisions of this Code and multiple enforcement options may be used to achieve compliance with respect to persons who commit continuing violations. A separate offense shall be deemed to have been committed whenever: (a) a person repeats the act that constitutes the violation; or (b) any condition or circumstance that constitutes a violation is allowed to exist for more than twenty-four (24) hours.

A. Infraction. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of this Code may be prosecuted for an infraction. Written citations for infractions may be issued by police officers or nonsafety employees designated in Section 1.12.020. Except where a specific fine for an infraction is provided for in this Code, or as provided in subsection (B) of this section, any person convicted of an infraction under the provisions of this Code shall be punishable either by fines as specified in the currently adopted Uniform Infraction Bail Schedule used by the Orange County Superior Court, or where no fine is specified therein by:

1. A fine not exceeding one hundred dollars ($100.00) for a first violation;

2. A fine not exceeding two hundred dollars ($200.00) for a second violation of the same ordinance within one year from the date of the prior violation; and

3. A fine not exceeding five hundred dollars ($500.00) for each additional violation of the same ordinance within one year from the date of the prior violation.

B. Safety Enhancement Zone and Public Safety Orders. For any violation of this Code that is committed within an area that has been designated by the City Council as a Safety Enhancement Zone pursuant to Section 1.04.060, during the time that designation is in effect, or any violation of a public safety order pursuant to Section 10.80.030, during the time that order is in effect, the fine shall be treble the amount otherwise prescribed or where the violation is considered an infraction and no fine is specified, the fine shall be as follows:

1. A fine not exceeding $300 for a first violation;

2. A fine not exceeding $600 for a second violation of the same ordinance within one year from the date of the prior violation; and

3. A fine not exceeding $1,000 for each additional violation of the same ordinance within one year from the date of the prior violation.

C. Misdemeanor. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of this Code may be prosecuted for a misdemeanor. Written citations for misdemeanors may be issued by police officers or by nonsafety employees designated by Section 1.12.020. Any person convicted of a misdemeanor under the provisions of this Code shall be punished by a fine not exceeding one thousand dollars ($1,000.00) or imprisonment for a term not exceeding six months, or by both such fine and imprisonment.

D. Civil Action. The City Attorney may institute an action in any court of competent jurisdiction to restrain, enjoin or abate the condition(s) found to be in violation of the provisions of this Code, as provided by law. In any civil action, in addition to all other remedies, costs, fines and fees, the court may impose civil penalties payable to the City in an amount not to exceed one thousand dollars ($1,000.00) per violation for each day the violation is found to exist against any person who commits, continues, operates, allows or maintains any violation of any provision of this Code. In determining the amount of the civil penalties to be assessed on a daily rate for each violation, the court may consider some or all of the following factors:

1. The duration of the violation;

2. The frequency of recurrence of the violation;

3. The seriousness of the violation;

4. The history of the violation;

5. The person’s conduct after issuance of any notice;

6. The economic impact of the penalty;

7. The impact of the violation upon the community; and

8. Any other factors that justice may require.

E. Administrative Code Enforcement Program. Upon a finding by the City official vested with the authority to enforce the various provisions of this Code that a violation exists, the City official may take any action authorized under the provisions of Chapter 1.05.

(1949 Code § 1200 (part); Ord. 1597 § 1, 1975; Ord. 87-32 § 1, 1987; Ord. 97-36 § 1, 1997; Ord. 2003-5 § 3, 2003; Ord. 2012-13 § 2, 2012; Ord. 2023-22 § 6, 2023; Ord. 2026-15, 9/22/2026)

In addition to the penalties provided in Section 1.04.010, any condition caused or permitted to exist in violation of any of the provisions of this Code shall be deemed a public nuisance and may be summarily abated as such by this City.

(1949 Code § 1200 (part))

Any person violating any provision of Section 12.12.010, Chapter 12.40 or 12.44, except Sections 12.44.130 and 12.44.140, or Chapter 12.48 shall be guilty of an infraction.

(Ord. 1597 § 2, 1975; Ord. 2023-22 § 8, 2023)

A. Designation Process. The City Council may designate a specific geographical area as a Safety Enhancement Zone by ordinance or by resolution upon finding that the area is subject to unique conditions during a specific period creating a significant threat to the public health, safety and welfare. The ordinance or resolution establishing a Safety Enhancement Zone shall contain the following provisions: (1) a description of the geographical area comprising the zone; (2) the date and time the designation is in effect; (3) the factual basis for the designation; (4) the manner in which general notice of the Safety Enhancement Zone and applicable penalties for violations shall be provided; and (5) the manner in which specific notice of additional duties, responsibilities or restrictions shall be provided to owners of property within the zone.

B. West Newport Safety Enhancement Zone. The City Council hereby designates the area bounded by West Coast Highway on the north, Newport Boulevard from West Coast Highway to West Balboa Boulevard and from West Balboa Boulevard to East Balboa Boulevard ending at B Street on the east, the Pacific Ocean on the south, and 54th Street and Jo Anne Place on the west as a Safety Enhancement Zone. General notice of the Safety Enhancement Zone, as provided for in subsection (E), shall be provided at no less than three locations along West Coast Highway, two locations along Newport Boulevard, two locations on West and East Balboa Boulevard, one location on C Street, four locations along Oceanfront Walk/Seashore Drive and two locations along 54th Street or Jo Anne Place.

C. Corona del Mar Safety Enhancement Zone. The City Council hereby designates the portions of Corona del Mar bounded by the Pacific Ocean and Newport Harbor on the south, Buck Gully from the Pacific Ocean to Fifth Avenue on the east, Fifth Avenue to Dahlia Avenue (north of East Coast Highway), Dahlia Avenue (north of East Coast Highway) to East Coast Highway, and East Coast Highway to Avocado Avenue on the north, and the east side of Avocado Avenue (and its extended alignment) from East Coast Highway to Newport Harbor on the west, which area shall include Pirate's Cove, Corona del Mar State Beach, and Little Corona Beach as well as the immediately adjacent parking lots, roads, stairs, and paths that provide ingress and egress thereto as a Safety Enhancement Zone. General notice of the Safety Enhancement Zone, as provided for in subsection (E) of this section, shall be provided at no less than three locations along East Coast Highway, at least one location on MacArthur Boulevard south of San Miguel Drive, one location on Marguerite Avenue south of San Joaquin Hills Road, and at Pirate's Cove, Corona del Mar State Beach and Little Corona Beach.

D. The designation for the West Newport and Corona del Mar Safety Enhancement Zones shall be effective: (1) from 12:01 a.m. on the Friday before the Memorial Day holiday in May until 11:59 p.m. on Memorial Day ("Memorial Day"); (2) from 12:01 a.m. on Friday until 11:59 p.m. on Monday when the Fourth of July falls on a Friday, Saturday, Sunday or Monday; (3) from 12:01 a.m. on July 4th to 3:00 a.m. on July 5th when the Fourth of July falls on a Tuesday, Wednesday or Thursday; (4) from 12:01 a.m. on the Saturday before the first Monday in September until 11:59 p.m. on the first Monday in September ("Labor Day"); (5) from 12:01 a.m. on the date designated by resolution of the City Council as first day of any Spring Break until the 11:59 p.m. on the last day of any designated Spring Break ("Spring Break"); and (6) at other times when designated by ordinance or resolution upon a finding that unique conditions during a specific period of time create a significant threat to the public health, safety and welfare. The factual basis for this designation is found in Ordinances 2026-2, 2025-3 and 2003-5.

E. General notice of the designation of the Safety Enhancement Zone shall be provided at the locations specified in subsections (B) and (C) of this section no later than 6:00 p.m. on the day preceding the effective date of the Safety Enhancement Zone, as set forth in subsection (D).

F. Specific Notice advising of the Safety Enhancement Zone designation and the fines, penalties and provisions shall be sent before the date set forth in the City Council resolution that designates any Spring Break, and before April 15th, June 15th, and August 15th, to each property owner within the zone, based on the most recent property tax records.

(Ord. 2003-5 § 4, 2003; Ord. 2023-22 § 9, 2023; Ord. 2025-3 § 2, 2025; Ord. 2026-2, 2/24/2026)