Newport Beach Municipal Code Ch. 1.12 Citations and Warrants

Except as provided in this chapter, the provisions of California Penal Code Part 2, Title 3, Chapter 5C, are hereby adopted and made a part of this chapter as though fully set forth. The peace officer employees of the City are authorized to issue infraction citations for violations of this Code as an alternative to their existing authority to issue citations and arrest for misdemeanors.

(1949 Code § 1400; Ord. 851 (part), 1958; Ord. 1356 § 1, 1970; Ord. 87-33 § 1, 1987; Ord. 2023-22 § 36, 2023)

A. The following designated public officers and employees shall have the power to issue citations for any violation of this Code:

1. Animal Control Officers, Community Service Officers, Custody Officers, Parking Control Officers, Police Officers, Park Patrol Officers, and employees holding positions in the Police Department designated by the Police Chief.

2. The Community Development Director, Harbormaster, Public Works Director, and employees holding positions in these departments designated by the director of the department.

3. Code Enforcement Officers.

4. Municipal Compliance Officers who may be employed by contract.

B. The following designated public officers and employees shall have the power to issue citations for violations of the following provisions of this Code:

1. The Fire Chief and other employees holding positions in the Fire Department designated by the Fire Chief shall have the power to issue citations for any violation of Titles 5, 9, 11, and 17, Chapters 7.04, 7.16, 7.20, and 7.30, and Sections 6.04.050, 6.04.190, and 10.06.010.

2. The Revenue Manager and other employees holding positions in the Administrative Services Department designated by the Administrative Services Director shall have the power to issue citations for any violations of Titles 3, 5, 6, and 10, Chapters 12.62 and 12.63, and Section 12.40.060.

3. The Municipal Operations Director and other employees holding positions in the Municipal Operations Department designated by the Municipal Operations Director shall have the power to issue citations for any violations of Chapters 6.04, 6.05, 6.06, 12.63, and 13.08.

4. The Building Official, and other employees holding positions in the Building Division designated by the Building Official, shall have the power to issue citations for any violation of Title 15.

5. The City Clerk shall have the power to issue administrative citations for violations of Chapter 1.28.

C. The following designated public officers and employees shall have the power to issue citations for violations of the following provisions of State or local law:

1. Animal Control Officers, Community Services Officers, Custody Officers, Police Officers, Park Patrol Officers, and Parking Control Officers, and other employees holding positions in the Police Department designated by the Chief of Police shall have the power to issue citations for violations of the California Vehicle Code to the maximum extent allowed under State law, including, but not limited to, California Vehicle Code Section 22507.8 and local ordinances and resolutions adopted pursuant to California Vehicle Code Section 22511.7.

2. The Fire Chief, Public Works Director, Municipal Operations Director and Harbormaster, and other employees holding positions in these departments designated by them, shall have the power to issue citations for any violation of California Vehicle Code Sections 22500.1 and 22514, the California Fish and Game Code, Title 14 of the California Code of Regulations, the provisions of California Harbors and Navigation Code, Divisions 1, 1.5, 2, and 3, any provision of State or local law related to fire suppression or fire prevention and any provision of State and local laws pertaining to the handling, use, storage or disposal of hazardous materials or waste.

D. The City Clerk shall be informed, in writing, by the Police Chief, Fire Chief, Harbormaster, and Department Directors of all positions authorized to issue citations pursuant to this section. The City Clerk shall maintain a list of all positions designated pursuant to this section and shall provide a copy of the designated position list to the public upon request.

E. Nothing in this section shall be considered to limit any authority otherwise vested in the named officers and employees, provided elsewhere in this Code, or by State law.

(1949 Code § 1401; Ord. 851 (part), 1958; Ord. 1356 § 2, 1970; Ord. 1385 § 1, 1971; Ord. 1395 § 1, 1971; Ord. 1491 § 1, 1973; Ord. 1542 § 1, 1973; Ord. 1575 § 1, 1974; Ord. 1602 § 1, 1975; Ord. 1668 § 1, 1976; Ord. 1782 § 1, 1978; Ord. 1865 § 1, 1980; Ord. 87-34 § 1, 1987; Ord. 87-42 § 1, 1987; Ord. 87-6 § 1, 1987; Ord. 88-1 § 2, 1988; Ord. 88-13 § 1, 1988; Ord. 91-50 § 1, 1992; Ord. 93-22, 1993; Ord. 93-27, 1994; Ord. 94-46 § 1, 1994; Ord. 95-24 § 1, 1995; Ord. 95-34 § 1, 1995; Ord. 95-38 § 1, 1995; Ord. 99-1 § 1, 1999; Ord. 2000-10 § 1, 2000; Ord. 2001-22 § 2, 2001; Ord. 2003-20 § 1, 2004; Ord. 2009-16 § 1, 2009; Ord. 2013-11 §§ 4—6, 2013; Ord. 2018-17 §§ 1, 2, 2018; Ord. 2019-15 §§ 1, 2, 2019; Ord. 2020-3 § 1, 2020; Ord. 2021-10 § 3, 2021; Ord. 2022-23 § 1, 2022; Ord. 2022-9 § 1, 2022; Ord. 2023-22 § 37, 2023; Ord. 2025-37, 1/13/2026; Ord. 2026-8, 7/14/2026)

Any person willfully violating his promise to appear in court or before a person authorized to receive deposit of bail is guilty of a misdemeanor regardless of the disposition of the charge upon which he or she was originally arrested.

(1949 Code § 1402; Ord. 851 (part), 1958; Ord. 1356 § 3, 1970)