Newport to ban water jetpacks, council decides

In a reversal for several members, the Newport Beach City Council moved Tuesday night toward banning water-propelled jetpacks in the harbor instead of regulating them.

The council voted 3 to 2 against approving an ordinance proposed by city staff that would have limited the number of jetpack operators. Mayor Ed Selich and Councilman Kevin Muldoon dissented. Councilman Keith Curry was absent and Councilman Marshall “Duffy” Duffield recused himself because he owns a business in the harbor.

The council instead directed staff to draft an ordinance to ban water-propelled vessels like jetpacks from the harbor. It will be voted on at a future meeting.

Each council member had indicated during a February study session that the panel did not seek to eliminate the activity but instead favored allowing one jetpack business to operate, with regulations.

However, several members who had spoken in favor of regulation had a change of heart before Tuesday’s meeting.

“I’ve done a lot of investigation, mainly by users of the harbor, since our last study session and I’ve become more convinced it is not compatible with the other uses in the harbor,” Councilman Scott Peotter said.

The issue has been the topic of roughly a year of debate between Jetpack America — the business currently operating in the harbor — and nearby homeowners who say the activity is a nuisance in the otherwise quiet recreational harbor.

Water jetpacks are backpack-style devices that use seawater to propel riders into the air while they are tethered to an instructor’s watercraft via a long hose. For years, Jetpack America has operated in various areas throughout the harbor.

In June, the City Council agreed to a six-month moratorium on permits for businesses operating water-propelled vessels like jetpacks. Council members directed the Harbor Commission to study the activity, including residents’ concerns about safety and noise.

Because Jetpack America had its permits before the moratorium, it was allowed to operate throughout the ban.

After months of studies and public hearings, the Harbor Commission voted in December to recommend that the council ban the activity in the harbor and allow water-propulsion businesses to operate only on the open ocean.

Mayor Pro Tem Diane Dixon indicated during the February study session that she favored regulating the activity instead of banning it. However, after Tuesday’s meeting, Dixon said she was swayed by many residents in her district who live near the harbor and oppose jetpacking.

“I had an opportunity to witness this personally,” Dixon said of Jetpack America’s operation. “I was out on the water this past weekend and I saw with my own eyes and heard it with my own ears and thought ‘Oh my goodness, I would not want to be living right there, wherever it ends up.’”

The council’s vote took Jetpack America President Dean O’Malley by surprise.

O’Malley said the council’s decision means the business will have to move out of Newport Beach because it is not “economically viable” to operate on the open ocean, as the council suggested. Jetpack America’s permit to operate in Newport Beach expires May 21.

“I’m disappointed, obviously,” he said. “It’s unfortunate that Orange County is going to lose a fun activity.”