Fill and Sign the Chapter 30 Department of Health and Environmental Control Form

BEACH AND BOATING REGULATIONS Sec. 5-1. "Public Beach" Defined: The term "public beach," when used in this chapter, shall mean that area lying between the Ocean and the most property line of the property owned by private individuals or corporations, lying closest in proximity to the Ocean; except that where there is a street leading east from toward the Ocean, "public beach" at these points shall mean the area lying between the easternmost edge of the public street and the Ocean. Cross reference-Dermitions and rules of construction generally. Vehicles Prohibited: It shall be unlawful for any person to drive or operate any motor vehicle of any kind or nature upon the public beach within the city; provided, that city vehicles operated while cleaning or working on the beach, city police and emergency vehicles shall be exempt from the application of this section. Sec. 5-3. Riding Or Driving Horses On Beach: It shall be unlawful, without a permit from the city clerk, approved by the city manager, for any person to ride a horse or any animal on the public beach. Sec. 5-4. Sleeping On Public Beach After 9:00pm Prohibited: It shall be unlawful for any person to sleep on the beach within the city between the hours of 9:00 p.m. and sunrise. Sec. 5-5. Use Of Surfboards Restricted: (a) Within the city and during the period March 16 through September 15 each year, no person shall use in any manner or assist anyone in any manner in the use of any apparatus or device commonly known as a "surfboard" or other apparatus or device of a hard or solid nature similar to a "surfboard" and used for the general purposes for which a "surfboard" is generally used between the hours of 9:00 a.m. and 5:00 p.m. in any area other than the following: (1) From to . (2) From to . (3) From to . (4) to , but this area to be used only during the period October 1 through March 15 of each succeeding year. (b) It is the intent and the purpose of this section that no such apparatus or device shall be used in the city in that area commonly known as "strand" or "beach" and the water area of the Ocean lying within one-half mile of such "strand" or "beach," except in the areas noted above; provided further, that no surfboard or other apparatus designated in this section shall be used at any time within a distance of 400 feet of any fishing pier as now exists or hereafter established. During the months from September 16 through March 15 of each succeeding year, there will be no restrictions as to area. Sec. 5-6. Manner Of Use Of Surfboard In Ocean: It shall be unlawful for any person to use a surfboard in any manner as to become a hazard to bathers, swimmers, surfers and other persons in the waters along the public beach or to fail, neglect or refuse to keep his surfboard under reasonable control at all times. All surfboards or other apparatus or device of a hard or solid nature similar to a surfboard and used for the general purpose for which a surfboard is generally used must have a leash attached to it and said leash must be attached to the operator of the device while in use. Sec. 5-7. Commercial Fishing Restricted: It shall be unlawful for any person to engage in commercial fishing on the public beach from to at any time. Each violation of this section shall constitute a separate offense. Sec. 5-8. Placing Obstructions On The Beach: (a) It shall be unlawful, without a permit from the city clerk, approved by the city manager, for any person to put, place or set any equipment, such as dugouts, chairs, umbrellas, windbreakers, surfboards, air floats, life rafts or similar paraphernalia not actually occupied or engaged, or to build or erect any fence or other obstruction on the public beach, so as to obstruct, impede or retard the free and unconstrained use and occupancy of the public beach by the public. (b) Beach umbrellas and other beach paraphernalia will be at a distance of at least ten feet to the rear (inland side) of lifeguard stands and in a line generally parallel with the ocean strand. It shall be unlawful to place any obstruction on the beach in a position that will interfere with the ground level vision of a lifeguard to see the water and the lifeguard stands on either side of him or her. Sec. 5-9. Depositing Refuse, Etc., On Beach Or In The Water: It shall be unlawful for any person to throw or deposit, or cause or permit to be thrown or deposited, any glass, bottle, glassware, can or pieces thereof or any garbage, waste or refuse of any kind on the public beach or in the waters adjacent to the public beach. Sec. 5-10. Operation Of Boats In Manner Endangering Bathers: It shall be unlawful for any person to operate or pilot a boat or jet ski in the waters of the Ocean abutting the city within 100 yards of the point where the ocean adjoins the strand within the city or elsewhere along the public beach in any manner as to create a hazard to bathers. Sec. 5-11. Operation Of Motorboats, Etc., In A Wreckless Manner: No person shall operate any motorboat, jet ski or other vessel or manipulate any skis, surfboard or similar device in a reckless or negligent manner so as to endanger the life, limb or property of any person. Sec. 5-12. Operation Of Motorboats, Etc., While Intoxicated: No person shall operate any motorboat, jet ski or other vessel or manipulate any skis, surfboard or similar device when intoxicated or under the influence of any narcotic drug, barbiturate or marijuana. Sec. 5-13. Changing Clothing In Public Laboratories: It shall be unlawful for any person to undress or to put on a bathing suit, change from a bathing suit to normal clothes or change from normal clothes to a bathing suit in any public lavatory or toilet room in the city without obtaining permission or consent from the owner or proprietor. Sec. 5-14. Authority Of Beach Patrol Officers As To Swimmers: (a) Those persons who shall be duly appointed as deputies or constables, or who are police officers of the city, shall have the power and authority to supervise and regulate surf fishing, physical activities and swimming on the beaches, strand, and the Ocean within the jurisdiction of the city, and in those areas shall have the responsibility to maintain peace and order. The deputies, constables or city police officers shall have the power and authority to recall from the ocean waters and the surf adjoining the waters any person who shall be in the ocean waters a distance of more than 50 yards from the point where the ocean adjoins the strand, or who shall be more than shoulder deep at any time, or when the person shall be in danger of drowning or becoming imperiled, or may imperil the safety of others, all of which shall be determined in the discretion of the deputies, constables, police officers or its guards authorized by them. Further, those personnel shall have authority to recall from the ocean waters and the surf adjoining the water any person who shall be in the ocean waters at any distance at any time when the condition of the wind, water, weather or any hazard, including the physical or mental condition of the person in the ocean waters, shall be such, in the discretion of those personnel as herein above described, as to constitute a danger to the health, life or safety of that person or other persons within the ocean waters. (b) Any person who shall fail to obey the directions and instructions of the personnel with regard to any of the matters and things above set forth over which they have power and authority, shall be guilty of a misdemeanor, and shall be subject to arrest by the personnel and shall be subject to punishment as provided in section . Sec. 5-15. Solicitation On Beaches: (a) Findings. The city council has made the following findings: (1) That the public beach is a public area which is open and accessible to all persons; (2) That the public beach is maintained and subjected to reasonable regulation by the city in order to promote the health, safety, welfare and morals of all persons using the beach; (3) That the public beach provides a unique area for all persons to pursue peaceful relaxation and quiet enjoyment in a reasonable manner; (4) That the public beach has been and continues to be a unique public recreation area, different in respect to all other public areas within the municipality; (5) That it is desirable and necessary to preserve the unique nature of the public beaches and to protect all persons who utilize the beaches from undue annoyance, disturbance and inconvenience. (b) Certain activities on beaches prohibited. It shall be unlawful for any person, organization, society, association or corporation, or any agent, member or representative thereof, directly or indirectly, to solicit property, business or financial assistance of any kind, to distribute free product samples, admission passes, or entry tickets, to conduct any sales or rental business, to sell or offer to sell any article, good, publication, subscription or other thing of value, in the area previously defined in this chapter as the public beach. (c) Exceptions. This section shall not apply to the operation of water safety franchises granted by the council for the purpose of ensuring lifeguard services on the beach. (d) Penalties. Any person violating any of the provisions of this section shall be punished as provided for in section . Sec. 5-16. Flotation Devices: (a) All flotation devices which are not attached in a secure manner to one's person must be fabric covered and have a 360 degree rope (three-eighths-inch minimum diameter) with a ten percent slack. Those devices not meeting these requirements will not be permitted on the surf or in the water. This section does not apply to surfboards and skimboards. (b) All retail outlet stores licensed by the city and which sell beach equipment such as chairs, umbrellas, floats and other personal flotation devices must display prominently a copy of subsection (a) of this section relating to flotation devices in that place of business. See. 5-17. Glass On Beaches: It shall be unlawful for any person to take any glass bottle, drinking glass or other glass utilities on the beaches and the strand within the city. Sec. 5-18. Operation Of Jet Skis: It shall be unlawful to operate any jet ski in the waters of the Ocean abutting the city within 100 yards of the point where the ocean adjoins the strand during the period from March 16 to September 15 of any year, except that jet skis may be launched from and returned to the beach on a course approximately perpendicular to the beach. When launching or returning as described above, the jet ski shall be operated as slowly as surf conditions shall permit and in such a manner as to avoid all swimmers or other persons in the water. For the purposes of this chapter, the term jet ski shall include wave riders and any other similar vehicles by whatever name. Sec. 5-19. Launching Jet Skis: Notwithstanding the provisions of section 5-18 above, it shall be unlawful to launch jet skis from the beach or return them to the beach from May 16th to September 15th of any year at any point along the oceanfront in the areas from to and from to . Sec. 5-20. Fires Prohibited: It shall be unlawful for any person to build any fire or use any propane fired grill or other cooker heated by fire on any public beach, public beach access, street end adjacent to the beach, or any city-owned land immediately adjacent to the beach at any time.