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STREETS, SIDEWALKS AND PUBLIC PLACES: Chapter 12.20: BEACH AND STRAND REGULATIONS
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12.20.010
Definitions
.
As used in this chapter:
-
"Alcoholic beverage"
means and includes alcohol, spirits, liquor, wine, beer and
every liquid or solid containing one-half of one percent or
more of alcohol by volume and which is fit for beverage
purposes either alone or when diluted, mixed or combined with
other substances.
-
"Beach"
means that certain strip of land within the city lying between
the westerly line of the Strand and the line of ordinary tide
of the Pacific Ocean.
-
"Strand"
means that certain strip of land used as a public walkway and
lying between the oceanfront lot line and a line twenty-six
(26) feet west and parallel with said oceanfront lot line.
-
"Vessel"
means and includes every description of watercraft, other than
a seaplane on the water, used or capable of being used as a
means of transportation on water. Vessel includes a raft, but
does not include a surfboard, paddleboard or a standard surf
mat. (Prior code § 5-1)
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12.20.020
Compliance
.
No person shall enter, be or remain on the
beach or Strand unless he complies with all of the regulations
set forth in this chapter and with all other applicable rules and
regulations. (Prior code § 5-2)
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12.20.030 At Own
Risk
.
A person exercising any of the privileges
authorized by this chapter does so at his own risk without
liability on the part of this city for any injury to person or
property resulting therefrom. (Prior code § 5-3)
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12.20.040
Alcoholic
Beverages--Violation--Penalty.
- No person shall enter, be or remain on the beach while in
possession of, transporting, delivering, selling, giving away,
purchasing or consuming any alcoholic beverage.
- No person shall enter, be or remain on the Strand while in
possession of, transporting, delivering, selling, giving away,
or purchasing any opened container of any alcoholic
beverage.
- Violation Defined--Penalties. Any person violating any
provisions of this section shall be deemed guilty of an
infraction of the law as set forth in Section 36900 of the
Government Code of the state of California and may be
prosecuted in the name of the people of the state of
California, or redressed by civil action. Every violation of
this section determined to be an infraction is punishable
pursuant to the provisions of Section 36900 of the Government
Code, as incorporated in Chapter 1.12, and in accordance with
the current fine/bail schedule in effect and approved by the
presiding judge of the municipal court. (Prior code §
5-4)
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12.20.050
Animals
.
No person shall bring or maintain, under
any circumstances or conditions, any dog, cat, domesticated
animal or other animal or reptile of any kind on or upon the
beach, or ride or lead a horse, mule, burrow or donkey or other
similar animal onto the beach or the Strand, or along the waters
of the Pacific Ocean, and a violation of this section shall be an
infraction. (Prior code § 5-5)
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12.20.060
Balls
on Beach and the Strand.
- No person shall cast, bat, toss, throw, kick or roll any
ball, tube, boomerang, flying saucer of any similar object, or
use any volleyball or other athletic equipment, or conduct or
participate in any sport or game at any place upon or over the
beach or the Strand outside of an area provided therefor.
Exception:
This prohibition shall not apply to any activity which is part
of a supervised sports event or recreational activity of the
city, nor to any activity expressly approved by the park and
recreation commission or the city council.
- No person shall conduct or participate in any sand
throwing, blanket throwing, or any sport that constitutes a
hazard to any person on the beach or strand.
- No sport or throwing of missiles of any kind shall be
permitted on the strand walkway.
- A violation of any provision of this section shall be an
infraction. (Prior code § 5-6)
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12.20.070
Bathing
.
No person shall swim, bathe or immerse
himself in the waters of the Pacific Ocean adjacent to the beach
more than two hundred (200) yards from shore, except:
- A person who is the owner of a vessel, or who acts at the
request of such owner while engaged in servicing or repairing
such vessel, and then only in the immediate area of such
vessel;
- A person engaged in the sport commonly known as
aquaplaning, water skiing, or any derivation thereof, provided
that such person is at all times wearing a safety belt as
approved by the director of the Los Angeles County department
of beaches;
- A skin diver equipped with swim fins and a face plate if at
all times he maintains within fifty (50) yards of himself a
boat or a surf mat, paddleboard or surfboard upon which there
is a rectangular flag twelve (12) by fifteen (15) inches,
orange-red in color with a white diagonal stripe three inches
wide running from one corner to the diagonally opposite corner.
The flag shall be flown high enough so as not to touch the
water;
- No person shall swim, skin dive, or use self-contained
underwater breathing apparatus in the waters of the Pacific
Ocean within one hundred (100) feet of this city's municipal
pier.
The distance from shore as specified above
shall mean the distance measured at right angles to the tangent
of the actual line between the water and the unsubmerged beach
as it exists at the time of measurement. A violation of this
section shall be an infraction. (Prior code § 5-7)
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12.20.080
Beach
equipment.
- No person shall write upon, cut, mark, stain or otherwise
deface, damage or move, remove, use or otherwise interfere with
or commit other act or acts of vandalism on any of the
umbrellas, backrests, blankets, pillows, robes, rugs or other
beach equipment while same is upon the beach or on private
property of any person whatsoever.
- All beach equipment shall be removed from the beach during
the nighttime.
- A violation of this section shall be an infraction. (Prior
code § 5-8)
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12.20.090
Boating
.
- No person shall operate any vessel within three hundred
(300) yards of the shoreline of the beach except when necessary
in taking it to or from its lawful mooring place or when
necessary in the case of emergency. The distance from shore as
specified above shall mean the distance measured at right
angles to the tangent of the actual line between the water and
the unsubmerged beach as it exists at the time of
measurement.
- No person shall launch any motorized vessel from the
beach.
- A violation of this section shall be an infraction. (Prior
code § 5-9)
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12.20.100
Changing
Clothing.
- No person shall change clothes for any reason in any
washroom or toilet on any part of the beach.
- No person shall use or permit to be used any vehicle or
portion thereof at any place within the city as a room or space
for changing clothes before or after bathing in the ocean, or
for any other reason.
- A violation of this section shall be an infraction. (Prior
code § 5-10)
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12.20.110
Fires
.
No person shall build, light or maintain
any fire upon any portion of the beach or strand at any time.
(Prior code § 5-12)
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12.20.120
Fireworks
.
- No person shall take or transport onto the beach or strand,
or have in his possession thereon, or fire or discharge
thereon, any firecracker, rocket or torpedo.
- The use of safe and sane fireworks on the beach shall be
deemed a violation of this regulation, and a violation of this
subsection shall be an infraction. (Prior code §
5-13)
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12.20.125
Smoking
.
No person shall smoke on the beach. "Smoking" is as defined in Section 8.40.010 of this Code. A violation of this section shall be an infraction.
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12.20.130
Fishing
--Safety Practices.
- Every person carrying or using any fishing tackle, line,
hook or other equipment on the beach or strand, or from or in
the surf or on the waters of the Pacific Ocean within the city,
shall at all times have due regard for the safety of other
persons near or in the vicinity of such person.
- No person shall fail or refuse to obey any reasonable
command, order, instruction or direction of any lifeguards or
police officers given in connection with or with reference to
any such fishing and the related use of fishing tackles, lines,
hooks or other equipment, or fail to remove same from the beach
or strand or the surf or waters of the Pacific Ocean adjacent
to the beach when requested to do so by any of such lifeguards
or police officers.
- A violation of this section shall be an infraction. (Prior
code § 5-14)
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12.20.140
Flora
.
No person shall dig, remove, destroy,
injure, mutilate or cut any tree, plant, shrub, bloom or flower,
or any portion thereof anywhere on the beach or strand. A
violation of this section shall be an infraction. (Prior code
§ 5-15)
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12.20.150
Glass
or other Sharp Objects.
No person shall place, throw, leave, keep
or maintain any bottle, glass, crockery, sharp or pointed
articles or thing in such a manner that any person on the beach
or strand is or may be cut, pricked, or in any way injured
thereby. A violation of this section shall be an infraction.
(Prior code § 5-16)
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12.20.160 Glass and
Rubbish
--Deposit in Receptacle.
- No person shall throw, place or dispose of, any refuse,
garbage, rubbish, trash, bottle, can or paper upon the beach or
strand other than into a container authorized by this city and
located thereon for that purpose.
- No parent or guardian having the care, custody or control
of any minor under the age of eighteen (18) shall permit or
allow said minor to throw, place or dispose of any refuse,
garbage, rubbish, trash, bottle, can or paper upon the beach or
strand other than into a container authorized by this city and
located thereon or therein for that purpose.
- No person shall place any garbage or rubbish accumulating
on any private premises in any public garbage or rubbish
container or receptacle placed upon the beach or strand which
has been furnished for the use of the general public. (Prior
code § 5-17)
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12.20.170
Hazardous
Areas--Designation.
Whenever any lifeguard finds that because
of extra high surf, riptide or other hazardous conditions, it is
unsafe for the average person to swim or bathe within a certain
area of the waters of the Pacific Ocean adjacent to the beach,
during the time such hazardous conditions exist such lifeguard
may instruct all persons not to swim or bathe in such area. Every
person shall comply with such instructions. (Prior code §
5-18)
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12.20.180
Inflated
Equipment.
No person shall use in the Pacific Ocean
adjacent to the beach any inflated equipment of any kind except a
standards surf mat which is:
- Constructed of a durable material with a nonslippery
surface; and
- So constructed that, when inflated for use, it will not
fold in any direction; and
- Not smaller than twenty-four (24) inches by forty (40)
inches; and
- Not larger than thirty (30) inches by sixty (60) inches;
and
- Equipped with a safety rope. (Prior code § 5-19)
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12.20.190
Lifeguards
and Police Officers.
No person shall fail or refuse to obey any
reasonable command, order, instruction or direction of any
lifeguard or police officer given in connection with or with
reference to the use, operation, manipulation or handling of any
boat, surfboard, paddleboard or other surf or wave riding
equipment or device, or fail or refuse to remove the same from
the surf or waters of the Pacific Ocean adjacent to the beach
when requested to do so by any of such lifeguards or police
officers. (Prior code § 5-21)
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12.20.200
Lifesaving
Apparatus.
No person shall unwind or remove or in any
way tamper with a buoy or lifeline, or rope, reels or other
paraphernalia connected with the lifesaving apparatus on any
portion of the beach or strand or any lifeguard station or tower
or similar facility except to use the same for the purpose for
which they are intended, and only for the purpose of attempting
to rescue or save any person in actual or apparent danger. (Prior
code § 5-22)
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12.20.210
Loitering
.
No person shall loiter on any portion of
the beach or strand at any time during the hours of twelve
midnight and six a.m. of the following day. (Prior code §
5-23)
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12.20.220
Motorized
Bicycles and Motor Vehicles.
No pedal-powered motorized bicycle, or
motorized vehicle of any kind other than those used for the
purpose of protecting life or property, shall be ridden, pedaled,
walked, carried onto or otherwise enter any portion or the Strand
walkway or beach at any time. A violation of this section shall
be an infraction. (Prior code § 5-24)
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12.20.
224
Designated Recreational Areas.
The following areas are
designated recreational areas in which in-line skating is
permitted:
-
The Strand: and,
-
The bike path between 24th Street and the
northern city limit. (Ord. 98-1183, Added, 09/10/98)
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12.20.230
Wheeled
Vehicles or Devices on Strand Walkway.
-
Prohibited. It is unlawful for any person to ride or operate any wagon, box on wheels, or any other method of riding or locomotion on wheels, including use of an electric personal assistive mobility device ("EPAMD") (as defined by Vehicle Code Section 313) on any portion of the Strand walkway and the Pier Plaza, except for the following:
- Roller skates;
- Skateboards;
- Pedal-powered, nonmotorized bicycles or tricycles with a width of not more than thirty-six (36) inches used for recreational purposes;
- Conveyances, including EPAMDs, by any person, who by reason of physical disability, is unable to move about as a pedestrian and is in possession of a distinguishing disabled parking placard issued pursuant to the California Vehicle Code; and
- EPAMDs operated by federal, state or local government personnel in the performance of official duties.
- Required to Yield Right-of-Way to Pedestrians. Under all
circumstances, the rider or operator of a wheeled vehicle or
device, including bicycles, skateboards and roller skates, on
the Strand walkway shall yield the right-of-way to pedestrians,
and due and proper care shall at all times be exercised by the
rider or operator for the pedestrians.
- Group Riding. When more than two persons in a group are
riding or operating wheeled vehicles or devices, including
bicycles, skateboards and roller skates, on the Strand walkway,
no more than two shall ride side by side.
- Racing--Trick riding. It is unlawful for any person riding
or operating any wheeled vehicle or device to race any other
such vehicle or device or person along the Strand walkway, or
to indulge in any kind of trick or unsafe riding or
operating.
- Dangerous Speed--Penalty. It shall be deemed reckless and
dangerous if any person rides or operates any wheeled vehicle
or device permitted on the Strand walkway, including bicycles,
skateboards and roller skates, in excess of ten miles per hour,
at an unsafe speed under existing conditions, or operates such
vehicle or device permitted on the Strand walkway in such a
reckless, wanton or careless manner as to constitute unsafe
riding or operating, and any person so operating or riding said
vehicle or device shall be guilty of an infraction of the law
as set forth in Sections 19c and 19d of the Penal Code of the
state of California.
- Designated Walk Zones. The city council by a majority vote,
may designate certain areas of the Strand walkway as hazardous
for bicycling and skateboarding, based on appropriate studies
and/or staff recommendations, and may designate those areas as
walk zones by amendment to this subsection and ordering the
placement of appropriate signs, barricades, markings, flashing
lights, delineations or devices signifying "Walk Zone Ahead" at
least fifty (50) feet prior to the designated zone; and the
placement of appropriate regulatory signs at the beginning of
the walk zone such as, "Walk Bikes and Skateboards when
Flashing." The end of the walk zone shall be designated by
signs indicating "resume riding beyond this point." It is
unlawful to ride a bicycle or skateboard when the following
designated walk zone is in effect:
The Strand walkway between the centerline
of 10th Street and 15th Street.
- Parking. No person operating any wheeled vehicle or device
on the Strand walkway shall park said vehicle or device in
front of any entrance to the public beach or to public or
private property, or in any way hinder, delay or obstruct the
movement of pedestrians or emergency vehicles or other wheeled
vehicles or devices upon the surface of said walkway.
- Applicability of Traffic Regulations. Every person riding a
bicycle on the Strand walkway shall be granted all the rights
and be subject to all of the duties applicable to the driver of
a vehicle by Title 10, except those provisions which by their
very nature can have no application to such persons.
- Violation. Violation of any provision of this section shall
be an infraction. (Prior code § 5-24.5)
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12.20.240
Overnight
Camping.
No person shall camp on or use for
overnight sleeping purposes any portion of the beach or strand,
or bring a house trailer or similar vehicle onto the beach or
strand, and a violation of this section shall be an infraction.
(Prior code § 5-25)
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12.20.250
Pollution
of Water.
- Oil Pollution. No person shall deposit, throw, divert or in
any manner dispose of, or cause or permit to be deposited,
placed, thrown, diverted or in any manner disposed of within
the city, any petroleum, refined petroleum, engine oil or any
oily by-product thereof, or any tar or any product containing
tar, or any oily substance into or upon the waters of the
Pacific Ocean, or into or upon the waters of any lagoon, bay,
inlet or tributary thereof; or shall deposit, throw, place,
divert or in any manner dispose of, or cause or permit to be
deposited, thrown, placed, diverted or in any manner disposed
of, any crude petroleum, refined petroleum or any oily
substance upon any beach, tideland, or submerged land or any
portion thereof, within the city.
- Indirect Oil Pollution. No person shall deposit, place,
throw, divert, keep, maintain or in any manner dispose of, or
cause or permit to be deposited, placed, thrown, diverted,
kept, maintained or in any manner disposed of, any crude
petroleum, refined petroleum, engine oil or any oily by-product
thereof or any tar or any product containing tar, or any oily
substance into, along or upon any land, premises or place
within the city in such manner that the same, or any portion
thereof, may run or be transferred or carried to, or be in any
manner deposited upon or conveyed to any beach, tideland or
submerged land, or any portion thereof, or into or upon the
waters of the Pacific Ocean, or into or upon the waters of any
lagoon, bay, inlet or tributary thereof.
- Discharge of Bilge Water Containing Petroleum Products. No
person owning, managing, controlling, operating, navigating or
otherwise handling any boat, vessel, ship or barge used, or
having been used, for the transportation in bulk of crude
petroleum, refined petroleum, engine oil or any oily by-product
thereof other than gasoline, distillate, tops or other similar
volatile product, shall discharge, or cause or permit to be
discharged, from such boat, vessel, ship or barge any ballast
water, bilge water or waste water containing, or contaminated
with, any such crude petroleum, refined petroleum, engine oil
or oily by-product within the city unless such ballast water,
bilge water or waste water is discharged into suitable and
adequate settling basins, tanks or other receptacles.
No person owning, managing, controlling,
operating, navigating or otherwise handling any boat, vessel,
ship or barge using fuel oil for the generation of power, shall
discharge, or cause or permit to be discharged, from such boat,
vessel, ship or barge any bilge water or waste water
containing, or contaminated with, any such fuel oil within the
city, unless the same is discharged into suitable and adequate
settling basins, tanks or other receptacles.
The provisions of this section, however,
shall not be deemed nor construed to require any such ballast
water, bilge water or waste water to be discharged into any
such settling basin, tank or other receptacle if such ballast
water, or waste water, before the discharging thereof, shall
have been passed through, or treated by, some adequate oil
separating device or process and such crude petroleum, refined
petroleum, engine oil, oily by-product or fuel oil be separated
or removed therefrom.
- Other Pollution. No person shall deposit, throw, place or
in any manner dispose of any dead animal or portion thereof, or
any vegetable matter or animal matter, or any offal, night
soil, manure, rubbish, trash, garbage or any decaying or putrid
matter, material or substance, or any matter, material or
substance which is or might become injurious to health or which
is or might become a nuisance or offensive to the senses of any
persons coming into proximity thereto, into the waters of the
Pacific Ocean, or into the waters of any lagoon, bay, inlet or
tributary thereof; or in, upon or along any beach, tideland or
submerged land, or any portion thereof within the city, or to
keep or maintain or cause or permit to be kept or maintained
upon the premises or in or at any place in the city any
article, substance or thing hereinabove in this section
enumerated, in such a manner that any such article, substance
or thing, or any portion thereof, may be transferred or carried
to, or be in any manner deposited upon or conveyed to any
beach, tideland, or submerged land, or any portions thereof, or
into or upon the waters of the Pacific Ocean or into or upon
the waters of any lagoon, inlet or tributary thereof. (Prior
code § 5-26)
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12.20.260
Safety
Practices.
- Every person engaged in the operation, manipulation or
handling of boats, surfboards and other surf and wave riding
devices or equipment in and upon the beach or in or upon the
waters of the Pacific Ocean adjacent to the same shall at all
times have due regard for the safety of other persons in the
vicinity.
- It shall be the duty of lifeguards and police officers
patrolling the beach and strand and safeguarding the lives and
property upon the same to observe the manner in which all
boating, fishing and wave riding devices and equipment are
being handled and to issue such orders and commands, directions
and instructions in connection with or with reference to the
aforementioned activities as may be necessary to safeguard
lives and persons or property near or in the vicinity of such
persons so engaged. (Prior code § 5-27)
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12.20.270
Removal
of Sand.
No person shall remove any sand or gravel
from any part of the beach, and a violation of this section shall
be an infraction. (Prior code § 5-28)
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12.20.280
Shooting
.
No person shall discharge or shoot any
firearms, air gun, slingshot, or bow and arrow anywhere on the
beach or strand. (Prior code § 5-29)
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12.20.290
Signals
of Danger.
No person shall give or transmit a signal
or cause or permit to be transmitted or given signals in any
manner, which signal calls attention to a person drowning or in
danger, if it appears that there is no reasonable cause for such
signal or if such signal is given jokingly or for no other reason
than to excite alarm. A violation of this section shall be an
infraction. (Prior code § 5-30)
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12.20.300
Solicitation
.
Except as provided in paragraph D below, no person shall solicit, peddle, offer for sale or conduct or consummate the sale of any commodity, merchandise, wares, product or service on the beach or the strand.
Except as provided in paragraph D below, no person shall sell or offer for sale any foods, refreshments or beverages on the beach or the strand.
No person shall distribute any handbills, advertising matter or literature on the beach or the strand unless such material is personally delivered to persons who indicate a willingness to accept the same in hand.
The prohibitions contained in this Section shall not apply to the sale of food and non-alcoholic beverages on the beach allowed pursuant to a special event permit in connection with events located on the beach and as to which the City Council determines that food and beverage sales are necessary and convenient to accommodate persons in attendance. (Ord. 05-1249 § 1, 5/2005: Ord. 96-1151 §4, 1996: prior code § 5-31)
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12.20.310
Destruction
or Mutilation of Structures.
No person, other than a duly authorized
person in the performance of his duties, shall:
- Cut, break, injure, deface or disturb any building,
monument, sign, fence, bench, structure, apparatus, equipment,
or property on the beach or strand; or
- Mark or place thereon or over any portion thereof any mark,
writing or printing, or attach thereto any sign, card, display
or similar device; or
- Break, destroy or otherwise tamper with any electric light
poles, globes, lights or other material or apparatus belonging
to, or connected with, the electric lighting system of this
city.
A violation of any provision of this section
shall be an infraction. (Prior code § 5-32)
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12.20.320
Surfboards
, Surf Mats and Paddleboards--Use of.
- A person may surf not more than fifty (50) yards beyond the
farthest breaking wave when such farthest breaking wave is more
than one hundred fifty (150) yards from shore.
- No person shall use, possess or operate in the waters of
the Pacific Ocean adjacent to the beach any object commonly
known as a surfboard, paddleboard or other similar device (but
not including surf mats and belly boards) at such times when
said waters are restricted for swimming and bathing only.
Such restriction shall be effective when a
yellow flag having dimensions of not less than two feet by two
feet and having a solid black circle in the center (commonly
known as a "blackball flag") is prominently displayed from a
lifeguard tower, lifeguard station, pier or similar structure.
At such times as the blackball flag is displayed, swimming and
bathing only shall be permitted in the waters of the Pacific
Ocean adjacent to the beach within two hundred (200) yards of
the point of display of said blackball flag; provided, however,
that where said blackball flag is displayed from consecutive
operational lifeguard towers, lifeguard stations and similar
structures then all waters of the Pacific Ocean adjacent to
said beach shall be restricted to swimming and bathing only.
Such restrictions shall also be indicated by
pairs of red flags put in place by lifeguards. At such times as
said red flags are displayed, swimming and bathing only shall
be permitted in the waters of the Pacific Ocean adjacent to
those areas of the beach lying between a given pair of such red
flags.
- No person shall use, possess or operate in the waters of
the Pacific Ocean adjacent to the beach any object commonly
known as a surf mat, paddleboard, belly board, surf-board or
similar device except within two hundred (200) yards from shore
or seventy-five (75) yards seaward of the point at which the
average wave is breaking, whichever distance is greater, or
when used by a skin diver to hold flag required by Section
12.20.070(C).
- No person shall bring or permit or allow in the waters of
the Pacific Ocean adjacent to the beach any object commonly
known as, or used as, a paddleboard or surfboard, within one
hundred (100) feet of any person in the waters thereof who is
not at that time using or possessing a similar object.
- No person shall operate or otherwise use a surfboard in the
waters of the Pacific Ocean within one hundred (100) feet of
this city's municipal pier.
- A person in violation of the restrictions set forth in this
section shall not fail, refuse or neglect to leave the waters
of the Pacific Ocean adjacent to the beach when such
restrictions are in force.
- The distance from shore as specified above shall mean the
distance measured at right angles to the tangent of the actual
line between the water and the unsubmerged beach as it exists
at the time of measurement. (Prior code § 5-33)
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12.20.330
Tents
.
No person shall erect, maintain, use or
occupy on the beach during the daylight hours any tent or other
temporary covering or shelter unless such tent or other temporary
covering or shelter shall have two sides thereof entirely open,
and unless there shall be an unobstructed view into such tent or
other temporary covering or shelter from the outside thereof on
at least two sides thereof. A violation of this section shall be
an infraction. (Prior code § 5-34)
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12.20.340
Exceptions
.
The provisions of this chapter are not
applicable to acts performed:
- In an emergency, for the purpose of protecting life or
property;
- By employees of the city or of the county of Los Angeles or
other public body maintaining the beach, for the purpose of
performing their duties;
- For the purpose of giving instruction, training or
exhibitions, when specific permission to give such has been
obtained from the city council or the park and recreation
commission. (Prior code § 5-35)
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12.20.
350
Obstructing free movement.
No person shall stand, sit, lie or congregate
on the Strand in such manner as to interfere with or impede the
free flow of travel along the Strand. (Ord. 00-1209,
§6, 12-12-00)
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