On Tuesday, May 13th, after hearing the opinions of 32 residents (only 10 were in favor of the ordinance), and receiving over 1000 signatures from NB residents petitioning them against these new laws, the Newport Beach City Council UNANIMOUSLY APPROVED a new ordinance targeting West Newport this 4th of July.

In the name of safety the ordinance creates a new " Safety Enhancement Zone" in West Newport, between 32nd and 54th Streets.  In effect, the ordinance:

1)  TRIPLES first and second offense municipal code fines ($300 / $600).
2)  Eliminates the delivery of alcohol to outlets in the designated area.
3)  Increases penalties to owners of short term rentals.
4)  Establishes a $300/10 minute fine for failing to comply with officer immediately.

within this zone, on our 4th of July, until 3:00 am, July 5th.

Click here to see the People's Exhibit A:  4th of July Ordinance

FREENEWPORT! OPPOSED THESE LAWS FOR THE FOLLOWING REASONS:

THEIR ARGUMENT:  COMPLIANCE
"The ordinance transmitted to the City Council on April 16th requires a property owner and/or occupant to immediately terminate unruly or illegal behavior when requested to do so by a law enforcement officer."

THE TRUTH:
In June 2001, this same argument was used to justify their famous "Rodman Amendment"  to our noise ordinance after his 40th birthday bash.  The City Council passed this amendment unanimously ( NBMC Section 10.28 ).  The truth is that under our existing "Large Gathering" Ordinance ( NBMC Section 10.58 and further strengthened by their revised noise ordinance, an officer can now actually arrest those that fail to comply with them when attempting to disperse a large or loud gathering.  Click: 10.58 to read it for yourself!  They already have this power - NO ADDITIONAL ORDINANCE IS NECESSARY.

THEIR ARGUMENT:  QUANTITY OF VIOLATIONS
"In West Newport on July 4th in 2002, the Newport Beach Police Department made more than 160 arrests, issued more than 1300 citations and served more than 30 'disturbance advisement cards' for violations of various state laws and municipal ordinances."

THE TRUTH:
According to the city, in 2002 there were over 100,000 visitors to Newport Beach.  Thus, let's analyze those numbers:
a)  162 arrests = 0.162%
b)  1300 citations = 1.3% (711 were for PARKING / 171 were VEHICLE CODE)
c)  35 advisement cards = 0.035%

Considering the fact that all West Newport visitors are under intense scrutiny during the 4th of July (enhanced enforcement), it is obvious then that the majority of visitors were not causing problems.

THEIR ARGUMENT:  COST
"In 2002, the City spent more than $90,000 providing the enhanced law enforcement presence and enhanced code enforcement during the July 4th holiday in West Newport alone."

THE TRUTH:
This cost is not offset by additional tax revenue generated by the city.   Again borrowing Homer's numbers, there were over 100,000 visitors, and 1300 citations issued in Newport Beach last year.  Using these numbers, let's help Homer do the math:

1)  Sales tax:  100,000 visitors x $20/day = $2,000,000 x 1% city tax = $20,000/
2)  Citations:  1300 citations x $70/citation = $91,000

TOTAL REVENUE = $111,000

LESS COST          = - $90,000
NET GAIN/LOSS  =   $21,000 GAIN (for one day only, visitor sales only)

PROOF THAT OUR CITY COUNCIL MISINFORMS ITS RESIDENTS!

*Assumes each visitor only spends $20 each day in Newport Beach, does not include resident purchases (thanks Chief!).

THEIR ARGUMENT:  CONGESTION
"The enormous crowds in West Newport during the July 4th holiday and the heavy traffic congestion that occurs during that period, when combined with the unruly behavior of some visitors/residents . . . have impaired the ability of paramedics and ambulances to access the area . . ."

THE TRUTH:
This legislation does nothing to reduce the crowd volume and traffic.  If anything, their own street closures impair the flow of emergency vehicles!

THEIR ARGUMENT:  ALCOHOL
"The temporary prohibition against the delivery of alcohol combined with the pending prohibitions against the exterior storage and/or sale of alcohol will reduce the potential for the excessive consumption of alcohol and a major disturbance."

THE TRUTH:
This argument reminds us of a combination of Prohibition and 'pre-crimes' laws from the movie 'Minority Report'.  Alcohol is legal in the United States of America, and not everyone who consumes it will cause a problem (let's review those numbers again).  Most of all, I'm sure that this would be found to be unconstitutional when challenged in court.  The cost of the 4th will really escalate after they pay the civil rights lawsuits!

SUMMARY:
The City of Newport Beach already has the tools it needs to disperse large gatherings.  These measures actually target the residents of West Newport, not our visitors.  Therefore, this is simply an attempt by the city to generate more revenue at the expense of it's residents (click ' a href="file:///D:/FreeNewport/Website/nb/4thofjuly/motives.html">Alterior Motives'), and provides no relief for traffic or congestion.

In conclusion, the staff at FreeNewport! believes that this is just another attack on the residents of West Newport by the Newport Beach City Council, proving once again that they are out of touch with the residents of West Newport.

Editors Note:  FreeNewport! will aggressively lobby against city council members who supported these new 4th of July ordinances in their bid for re-election next year.  To assist us with this task, we're posting their voting records on these ordinances on our 'Voting Record' page.  The public may forget their names, but rest assured that our servers will not.  To borrow one from John Paul Jones, "We have not yet begun to fight!"