Loading...
HomeMy WebLinkAbout1987-10-20; City Council; 3222; CMC 11.24 amends/11.32 adds - Agua hedionda lagoon / parks & beaches regst 1E 0 19 2c 21 22 23 24 25 26 27 28 ORDINANCE NO. 3222 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 11 OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF CHAPTER 11.24 AND BY THE ADDITION OF CHAPTER 11.32 TO REVISE THE REGULATIONS FOR AGUA HEDIONDA LAGOON AND TO RECODIFY THE REGULATIONS FOR PARKS AND BEACHES. SECTION 1: That Chapter 11.24 of the Carlsbad Municipal Code is amended to read as follows: "ChaDter 11.24 AGUA HEDIONDA LAGOON Sections: 11.24.005 11.24,OlO 11.24.015 11.24.020 11.24.025 11.24.030 11 . 24.035 11 . 24 040 11.24.045 11.24.050 11.24.055 11.24.060 11.24.065 11,24,070 11.24.075 11.24,080 11.24.085 11.24.090 11.24.095 11.24.100 11.24.105 11.24.110 11.24.115 11.24,120 11.24.125 11.24.130 11.24.135 11.24.140 Application Definitions Special Use Area - Agua Hedionda Lagoon Lagoon use permit Vessel speed 1im.its Maximum. vessel speed limit Operation of vessels at night Middle lagoon Outer lagoon Inner lagoon Fishing Public access Private launch ramp Bristol Cove Maximum number of vessels on the water Maximum vessel length Prohibited uses Excessive engine noise prohibited Area for swimming and wading Throwing waste or refuse Aquatic special events Water skiing slalom course Ski Boats and Skiers Vessels to stay outside boat lanes City's liability - use of area at own risk Compliance with orders of lifeguard or signs Rules of the road Constitutionality or invalidity 11.24.005 Application. The provisions of Sections 11.24,OlO through 11.24.140 apply only to Agua Hedionda Lagoon. 11.24.010 Definitions. For the purpose of this chapter the definitions outlined in the State Harbors and Naviaation 2~- Code, Vehicle Code and California Administrative Code shall apply 11.24.015 Special Use Area - Aqua Hedionda Lagoon. The entire Agua Hedionda Lagoon, consisting of three sections known as Outer Lagoon, Inner Lagoon and Middle Lagoon are declared to be a special use area and under the provisions of the California Harbors and Navigation Code Section 660. Use of the lagoon is subject to the provisions of this chapter and any regulations adopted by the City Council. 11.24.020 Lagoon Use Permits. It is unlawful to operate any type of vessel on the water without first obtaining an annual or temporary lagoon use permit issued by the City's Parks and Recreation Department or a daily lagoon use permit issued by Snug Harbor Marina Office. The vessel operator shall display the City's annual permit decal in the specified location at all times or possess, and show upon request, a valid temporary lagoon use permit. The following requirements shall be met to obtain a lagoon use permit: (1) Permit application and Hold Harmless Indemnity Agreement shall be filled out and signed by a responsible adult. (2) The current permit fee must be paid; the following fees are effective January 1, 1988: ANNUAL FEE: DAILY FEE: Resident $25 Resident $7 Non-res ident 35 Non-resident 10 (3) The fee is non-refundable and non-transferable. (4) Annual permit fee is based on the calendar year, January 1 - December 31 and shall be half price when purchased anytime between October 15 and December 31. (5) Annual permit fee for boardsails and other passive vessels eight feet or less, shall be one half the established annual fee. An additional boardsail permit decal may be purchased for an owner's personal use at an annual fee of $10 each. (6) One daily permit fee may be credited toward the full purchase of an annual permit, by submitting the daily fee receipt with an annual permit application, any time prior to October 15th Ordinance No. '3222 2. 1 2 3 4 5 6 7 a 9 10 I1 12 t 0 IE 19 2c 21 22 22 24 25 26 27 2.5 (7) Replacement decal fee shall be $5 each. (8) Boardsail permit applicants shall provide proof of valid liability insurance in the minimum amount of $300,000 naming the City of Carlsbad as additionally insured with the City's mailing address shown on the insurance certificate. (9) Those vessels that are required by Department of Motor Vehicles to obtain vessel registration shall provide a copy of valid vessel registration. (10) Lagoon use permits are not required for dredging, research, patrolling or maintenance by SDG&E and their designees. 11.24.025 Vessel Speed Limits. It is unlawful to operate a vessel at speeds in excess of five miles an hour in any of the following situations: (1) Within one hundred feet of any person who is engaged in the act of bathing; (2) Within two hundred feet of any swimming float, diving platform, life line, dock, pier or landing float; (3) Within a boat corridor. 11.24.030 Maximum Vessel Speed Limit. It shall be unlawful to operate a vessel at speeds in excess of forty-five miles per hour except pursuant to a special operations permit issued by the Chief of Police upon authorization of the City Council subject to such terms and conditions as the City Council deems necessary. 11.24.035 Operation of Vessels at Night. Between the half hour before sunset and one half hour after sunrise the following day, no person shall operate a vessel at speeds in excess of five miles an hour. 11.24.040 Middle Lagoon. The middle lagoon, including the water area between Interstate 5 and the railroad tracks, is for use by passive vessels. It is unlawful to operate a powered vessel, including jet skis or similar device at any time on the middle lagoon except by safety personnel, maintenance or research personnel with authorization by the Parks and Recreation Director or his/her representative. 11.24.045 Outer Lagoon. The outer lagoon, including the water area between Carlsbad Boulevard and the railroad tracks, is limited to use by San Diego Gas and Electric Company and those activities specifically approved by SDG&E including marine research and fishing from the west shoreline in posted areas. It is unlawful to operate any power or passive vessel in Ordinance No 3222 3. 1 2 5 E 7 E 9 IC 11 the outer lagoon without written approval by San Diego Gas and Electric Company except for the purpose of making a rescue or conducting safety services operations including search and recovery. Lagoon use permits cannot be issued by the City for use of the outer lagoon, 11.24.050 Inner Lagoon. The inner lagoon, including all water areas east of Interstate 5 shall be subject to the following regulations all year round. (1) Separate areas are established for use by power boats, jet skis, and passive vessels, with boat corridors adjacent to the shorelines for transit to and from these separate areas. (2) Jet skis and similar devices shall be limited to use in Snug Harbor, between the north side of the sandbar and the boat corridors along the north, east and west shorelines. (3) Power boats shall be limited to use in the middle area of the inner lagoon, between the south side of the sandbar, the north shoreline boat corridors and the passive use area; power boats shall maintain a counterclockwise traffic pattern when in the power vessel area. (4) Passive vessels and boardsails shall be limited to use in the eastern end of the inner lagoon, within the passive use area. 11.24.055 Fishing. Fishing from the shoreline or from a passive vessel shall be limited to the passive use area: fishing from a power vessel shall be limited to the power-boat area. It is unlawful to cast fishing lines into any boat corridor or in the traffic pattern of water ski boats and skiers. 11.24.060 Public Access. All public accesses are subject to the following year round regulations: (1) Open for walk-in traffic only, from sunrise to sunset; it is unlawful to drive a motorized vehicle on a public access when posted for walk-in traffic only. (2) Passive vehicles with a valid City permit may be launched at any public access. (3) It is unlawful to launch a motorized vessel from any public access. 11.24-065 Private Launch Ramp. Snug Harbor Marina is a privately owned and operated launch ramp. Vessels launched from Snug Harbor shall be subject to the following regulations and procedures on all year round: Ordinance No. 3222 4. 1 2 3 4 5 6 7 8 9 10 11 12 D a c 0 - 18 19 20 21 22 23 24 25 26 27 28 a (1) Power boats (excluding jet skis) and passive vessels shall transit through Snug Harbor Marina area within the west and east boat corridors at a speed not to exceed five files per hour. (2) The west boat corridor is limited to traffic heading southeast to transit from the marina to the power boat area or to the passive use area. (3) The east boat lane is limited to traffic heading northwest returning to the rnarina and to Bristol Cove jet skis and passive vessels going to and from the designated use areas. 11.24.070 Bristol Cove. Bristol Cove is a private residential cove restricted to use by owners and tenants. It is unlawful for any vessel to launch at Bristol Cove or to enter the cove from the lagoon unless the vessel owner has been issued both the Bristol Cove Property Owner's Association use permit and the City of Carlsbad annual lagoon use permit. Bristol Cove vessels shall comply with this chapter and shall follow the established transit corridors from the cove to the appropriate use areas. 11.24.075 Maximum Number of Vessels on the Water. The maximum number of passive and power vessels (excluding jet skis) using the water in their designated use areas at any one time shall not exceed thirty vessels per area. The maximum number of jet skis using the jet ski area at any one time shall not exceed twelve. The maximum number of boardsails using the passive use area at any one time shall not exceed twenty. 11.24.080 Maximum Vessel Length. The maximum vessel length allowed in the inner lagoon, excluding rescue, research and maintenance vessels, shall be twenty one feet or less for power vessels and eighteen feet or less for passive vessels. 11.24.085 Prohibited Uses. The City reserves the right to limit the type of vessels and aquatic uses of the lauoon. The following types of vessels or uses-are not allowed on the lagoon: (1) Parasails (2) Hovercraft (3) Peddle boats (4) High profile cabin cruisers (5) Boardsails without windowed sails (6) No aircraft shall land on or take off from the water or public shoreline and public accesses. Ordinance No. 3222 5. 1 2 3 4 5 6 7 8 9 10 11 12 l3 c 0 - 18 19 20 21 22 23 24 25 26 27 28 (7) No aquatic vessel racing is allowed except as authorized by City Council in accordance with Section 11.24.105. (8) No mooring a vessel except in an area so designated. (9) This section is not intended to apply to SDG&E's activities in the outer lagoon. The City does not intend to regulate maintenance, dredging, research, patrol, utility and other vessels authorized by SDG&E for uses in the outer lagoon. 11.24.090 Excessive Engine Noise Prohibited. It is unlawful to operate a power vessel unless it is properlv muffled at all times and shall-not exceed the sound leveis 'established by the state. Muffling systems shall be in operation at all times and excessive engine acceleration while the boat is not in gear is prohibited. 11.24.095 Areas for Swimming or Wading. No swimming or wading from shore shall be permitted in the inner lagoon or outer lagoon except as authorized by SDG&E in the outer lagoon. 11.24.100 Throwing Waste or Refuse in Water or on Public Access or Shoreline. It is unlawful to place waste or refuse of any kind in the water, on the shoreline, or public access except in designated waste or refuse containers . 11.24.105 Aquatic Special Events. Boat races, ski meets, boat parades, or other aquatic special events on the water shall be held only by the specific authorization of the City Council. Such authorization shall be by the City Council for each meet, race or special event authorized. The City Council in approving such event may impose conditions and establish special regulations as the Council deems necessary. 11.24.110 Water Skiing Slalom Course. The privately owned and maintained water skiing slalom course may remain in Agua Hedionda Lagoon subject to removal when directed by the City Council. As presently located, parallel to the southeastern shoreline within both the power boat area and passive use area, the course shall be used only when there are no passive vessels on the water in the passive use area. 11.24.115 Ski Boats and Skiers. Ski boats and skiers shall comply with the following rules and procedures: (1) Ski boats shall maintain a counterclockwise pattern in the power boat area. (2) No ski boat shall enter the traffic pattern at more than a forty-five degree angle. (3) Following a boat towing a skier too closely is prohibited; no ski boat shall over-take or follow in the wake of another boat that is towing skiers or any aquatic device. Ordinance No. 3222 6. 1 2 3 4 5 6 7 a 9 10 11 (4) Water skiers will start from deep water, south of the sandbar, or from the south beach shoreline; no take-off or drop-off allowed in Snug Harbor Marina at any time. (5) Incoming and continuing traffic have th.e right-of- way over take-of f traffic; take-of f traffic shall standby until the way is safe and clear before starting. (6) All drop-offs shall be done parallel to the shoreline; the ski boat shall not "hook", instead it shall remain parallel to the shoreline; once the skier drops-off, the ski boat shall stop, draw in the tow line and when safe, make a small counterclockwise turn back to the desired beach location. (7) The red ski flag must be clearly visible 100 yards before drop-off and shall be continually visible until the tow line is on board and the skier reaches safety or is on board the ski boat. (8) The maximum number of tow lines used behind any one vessel shall be two; the maximum number of skiers behind any one vessel shall be two. (9) When towing two skiers and one skier falls, the second skier shall let go of the tow line and red ski flag must be displayed; the ski boat shall then follow established procedure and safety precautions for skier pick-up and take-of f procedures. (10) Towing of any object or aquatic device (excluding water skis) is subject to approval by the City, in advance and when approved, such use shall comply with the requirements of this section. (11) No boat shall pull into the beach with ski line dragging behind. (12) Boat and other water vehicle racing is prohibited unless approved in accordance with Section 11.24.105. i. When buoys are placed out from the shoreline to establish boat corridors it shall be unlawful to travel on the shore side of such buoys except for purposes of transit from one area to another at speeds not to exceed five miles per hour. Bristol Cove power boats may transit across the north shoreline boat corridor to reach the power boat area; vessels inside the boat corridor have right-of-way over passing through vessels. No towing of any aquatic device or person is allowed between the buoys and the shoreline. No water ski take-off or drop-off is permitted in the boat corridor, between the buoys and the shoreline. Ordinance No. 3222 7. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 , 11.24.125 City's Liability - Use of Areas at Own Risk. The City declares its purpose in adopting this chapter is the safe conduct among the users of the Agua Hedionda Lagoon. The City Council does not expand its liability, if any, for accidents or injuries sustained by the public user of such aquatic areas. Any person utilizing aquatic areas does so at their own risk. 11.24.130 Compliance With Orders. It is unlawful for any person to refuse to follow or comply with the rules of the road adopted pursuant to Section 11.24.135 or with any lawful sign, order, warning signals or other lawful direction of the Lagoon Patrol or a lifeguard except for the purpose of making a rescue, or for any person without lawful authority to deface, injure, knock down or remove any sign or warning placed for the purpose of enforcing the provisions of this chapter. 11.24.135 Rules of the Road. The City Council may by resolution establish rules of the road for Agua Hedionda Lagoon including but not limited to regulations for water ski take-off and drop-off areas and access to the middle and inner lagoon water. All users of the lagoon shall comply with these rules. 11.24.140 Constitutionality or Invalidity. If any section, subsection, sentence, clause or phrase of this chapter is for any reason held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining sections, and each section, subsection, sentence, clause and phrase hereof would have been prepared, proposed, adopted, approved and ratified irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional." SECTION 2: That Title 11 of the Carlsbad Municipal Code is amended by the addition of Chapter 11.32 to read as follows: "ChaDter 11.32 PARKS AND BEACHES Sections: 11.32.010 Parks--Scope 11.3 2.020 Beaches--Scope 11.32.030 Unlawful Acts 11.32.040 Glass containers on beach--prohibited 11.32.050 Public dances 11.32.060 Violations--Sei zure of property 11.32.070 Carlsbad Seawall - Pedestrian only 11.32.080 Restriction of areas for exclusive use of 11.32.090 Hours surfboarding is prohibited 11.32.100 Application of article to lifesaving surfboards devices Ordinance No. 3222 8. 1 2 3 4 5 6 7 8 9 10 11 12 k 18 0 19 20 21 22 23 24 25 26 27 28 11.32.010 Parks--Scope. For the purpose of this chapter, Barks shall include all dedicated parks, parks established by adverse uses, planted areas open to the general public, parks on leased property, planted parkways, triangles, and traffic medians maintained by the City, except parkway strips between curb and sidewalk or behind curb, along the several streets and highways of the City. 11.32.020 Beaches--Scope. For the purpose of this chapter, beaches shall include all beach areas bordering the Pacific Ocean, the Batiquitos Lagoon, the Buena Vista Lagoon and the Agua Hedionda Lagoon. 11.32.030 Unlawful Acts. It is unlawful for any person to do any of the following mentioned acts in or upon any park or beach within the City: (1) To dump or deposit any trash, refuse, rubbish, litter, or other kind of waste materials, except in approved containers specifically placed and designated to receive such waste materials; (2) To start or maintain any fire, except in such areas as are specifically designated by the City Manager for such fires, including stoves, barbecue pits, fire rings and the like. (3) To commit any act of vandalism, including the damaging or destroying of trees or their leaves, limbs or branches, bushes, shrubbery, equipment, signs, buildings or rooms, or to tear down or to deface the same, or to pick any crops, fruit or flowers in any portion of such public park or beach. (4) To bring into or use any firearms or air or gas or spring propelled guns, sling shots, bows and arrows, except that bows and arrows may be permitted in such portions of public parks or beaches which are specifically designated by the City Manager for archery or other projectile throwing devices. (5) To discharge or set off fire crackers, torpedoes, rockets or other fireworks except where a permit has been granted by the City Manager. The City Manager shall grant said permit only where he finds that: (A) It is for an established civic celebration, (B) The person proposing to discharge or set off the fireworks has the necessary skill and experience to do so, and (C) That it can be done without endangering persons or property i (6) To stable, pasture or keep animals or insects. Ordinance No. 3222 9. 1s 2c 21 2% 23 24 25 26 27 28 a (7) To enter any portion of a public park or beach in the City, or buildings or portions thereof in such public parks and beaches which are posted with signs stating "NO Entry", "Keep Out", "No Trespassing", 'Closed Area" or other prohibition of entry. (8) To enter any portion of or be in a public park or beach in the City at a time of the day, or on a day of the week, when such entry is prohibited by a clearly legible sign posted at each entrance to such public park or beach. The City Manager is given authority to post such signs. (9) To park any automobiles or any other vehicles in any public park or beach in the City, except in areas specifically designated as parking areas by the City Manager. (10) To construct or erect on any portion of a public park or beach in the City any building, fence or structure of whatever kind, whether permanent or temporary in character, or run, or string or install any public service utility into, upon or across such lands, except on special written permit of the City Manager as to temporary items and of the City Council as to permanent items. Each day such condition exists shall constitute a new and separate offense. (11) To ride or lead horses, or to hitch, fasten, lead, drive or let loose any animal or fowl of any kind, except as provided in subsection (23) of this section. This subsection shall not apply to state parks or state beaches. (12) To cut and remove any wood or to remove turf, grass, soil, rock, sand, gravel or fertilizer. (13) To camp or lodge therein except in areas designated and posted on camping sites by the City Manager. (14) To play or engage in any sport or sporting event in any picnic area. (15) To disturb in any manner any picnic, meeting, service, concert, exercise or exhibition. (16) To distribute any handbills or circulars, or to post, place or erect any bills, notice, paper, or advertising device or matter of any kind. (17) To sell or offer for sale or to rent or lease any merchandise, article or thing, whatsoever, unless granted a valid permit by the City Council. (18) To practice, carry on, conduct or solicit for any trade, occupation, business or profession of whatsoever kind or character without permission of the City Council. Ordinance No. 3222 010 0 c 18 19 20 21 22 23 24 25 26 27 28 0 (7) To enter any portion of a public park or beach in the City, or buildings or portions thereof in such public parks and beaches which are posted with signs stating "NO Entry", "Keep Out", "NO Trespassing", 'Closed Area" or other prohibition of entry. (8) To enter any Dortion of or be in a public park or beach in the City at a time of the day, or on a day of the week, when such entry is prohibited by a clearly legible sign posted at each entrance to such public park or beach. The City Manager is given authority to post such signs. (9) To park any automobiles or any other vehicles in any public park or beach in the City, except in areas specifically designated as parking areas by the City Manager. (10) To construct or erect on any portion of a public park or beach in the City any building, fence or structure of whatever kind, whether permanent or temporary in character, or run, or string or install any public service utility into, upon or across such lands, except on special written permit of the City Manager as to temporary items and of the City Council as to permanent items. Each day such condition exists shall constitute a new and separate offense. (11) To ride or lead horses, or to hitch, fasten, lead, drive or let loose any animal or fowl of any kind, except as provided in subsection (23) of this section. This subsection shall not apply to state parks or state beaches. (12) To cut and remove any wood or to remove turf, grass, soil, rock, sand, gravel or fertilizer. (13) To camp or lodge therein except in areas designated and posted on camping sites by the City Manager. (14) To play or engage in any sport or sporting event in any picnic area. (15) To disturb in any manner any picnic, meeting, service, concert, exercise or exhibition. (16) To distribute any handbills or circulars, or to post, place or erect any bills, notice, paper, or advertising device or matter of any kind, (17) To sell or offer for sale or to rent or lease any merchandise, article or thing, whatsoever, unless granted a valid permit by the City Council, (18) To practice, carry on, conduct or solicit for any trade, occupation, business or profession of whatsoever kind or character without permission of the City Council. Ordinance No. 3222 .10 1 2 2 a. 4 F ” E 7 E 9 1c 11 1% 18 0 19 20 21 22 23 24 25 26 27 28 (19) To use or operate any motor-powered vehicles at any time, except as permitted by the City Manager in designated streets or parking areas or as part of a supervised recreational activity or as authorized byu SDG&E in the outer lagoon. This paragraph does not apply to officers, agents or employees of the United States, the State of California, the City, or public utility companies or other local government agencies, when they are using motor-powered vehicles in the performance of their official duty, nor to the use of motor-powered vehicles in emergencies when it is necessary to use them for the preservtion or protection of life or property, nor to utility companies using motor-powered vehicles for the installation, maintenance, repair or servicing of utility lines, generation, intake and outfall facilities, cooling water resources and other related facilities. (20) No person who is over six years of age shall enter or use any water closet, restroom, dressing room or other facility designated for exclusive use by persons of the opposite sex in a public park or beach. (21) For any person to assemble, collect or gather together in any walk, passageway or pathway set apart for the travel of persons through any park or beach or to occupy same so that the free passage or use thereof by persons passing along the same shall be obstructed in any manner. (22) Nothing herein contained shall prevent the operation of motor vehicles and free right of public access over, or across any validly dedicated public street or road in the City. (23) No person shall allow any dog owned by him or any dog subject to his control, custody, or possession, to enter upon any park within the City; provided, however, that this subsection shall not apply to dogs participating in shows or obedience classes authorized by the Carlsbad Parks and Recreation Department in specified areas of parks. No person shall allow or permit any dog to destroy any real or personal property or to commit a nuisance on any park property. It is the duty of persons having control of a dog to curb such dog while in a park area. (24) No person shall play or practice golf or swing any golf club within any park within the City, except in such areas and to the extent as may be authorized by posted signs authorized by the City. 11.32.040 Glass Containers on Beach--Prohibited. It is unlawful for any person to have, possess or use any cup, tumbler, jar, bottle or container made of glass and used for carrying or containing any liquid for drinking purposes on any beach or on any street, sidewalk, alley, highway, or parking lot immediately adjacent to such beach. Ordinance No. 3222 .ll 1 2 3 4 5 6 7 8 9 10 11 12 19 20 21 22 23 24 25 26 27 28 11.32.050 Public Dances. It is unlawful for any person to present, conduct, hold, or participate in any public dance on any beach, park, navigable water area, or public right-of-way or City-owned property without first having obtained the permission therefor from the City Council. 11.32.060 Violations--Seizure of Property. The City Manager, City Police, or employees of the Parks and Recreation Department shall have the authority to seize and confiscate any property, thing, or device used in violation of the terms of this chapter. 11.32.070 Carlsbad Seawall--Pedestrian Only. The Carlsbad Seawall sidewalk at the base of the bluff adjacent to Carlsbad State Beach between Tamarack Avenue and Pine Street shall be limited to pedestrians only. No person shall skate or use or ride any rollerskate, coaster, skateboard, bicycle, toy vehicle or any other form of transportation on the Carlsbad Seawall sidewalk. 11.32.080 Restriction of Areas For Exclusive Use of Surfboards. The Council determines that the unrestricted operation of surfboards and similar devices in that portion of the Pacific Ocean immediately adjacent to the public bathing beaches within the City, constitute a serious hazard and a threat to the safety of many thousands of bathers, particularly during the period between the fifteenth day of May and the first day of October. In order to reduce such hazard and promote public safety durinq such periods, it is essential that the operation of surfboards and similar devices be restricted within that portion of the Pacific Ocean most frequented by persons using the public beaches. The Chief of Police, in conjunction with the district lifeguard supervisor, district VI of the state department of natural resources of beaches and parks, is authorized and directed to ascertain, designate, post and mark from time to time, areas for the use of surfboard riding exclusively. 11.32.090 Hours Surfboarding is Prohibited. It is unlawful for any person to ride, use or otherwise employ a surfboard or similar device in the surf along the beaches of the City between the hours of eleven a.m. and five p.m., Pacific Standard or Daylight Savings Time (whichever is in use) between the fifteenth day of May and the first day of October of any calendar year. Except that it is lawful to surboard ride at any hour in any area ascertained, designated, posted and marked by the Chief of Police and the district lifeguard supervisor, district VI of the state department of natural resources, division of beaches and parks for the use of surfboard riding exclusively, pursuant to this chapter. 11.32.100 Application of Article to Lifesaving Devices. Sections 11.32.080 and 11.32.090 of this chapter shall not apply to those surfboards or other devices used by or under the direction of the lifeguards for lifesaving purposes or for training purposes." Ordinance No. 3222 .12 1 2 3 4 5 6 7 e 9 10 11 12 - ia 0 19 20 21 22 23 24 25 26 27 28 11.32.050 Public Dances. It is unlawful for any person to present, conduct, hold, or participate in any public dance on any beach, park, navigable water area, or public right-of-way or City-owned property without first having obtained the permission therefor from the City Council. 11.32.060 Violations--Seizure of Property. The City Manager, City Police, or employees of the Parks and Recreation Department shall have the authority to seize and confiscate any property, thing, or device used in violation of the terms of this chapter. Carlsbad Seawall sidewalk at the base of the bluff adjacent to Carlsbad State Beach between Tamarack Avenue and Pine Street shall be limited to pedestrians only. No person shall skate or use or ride any rollerskate, coaster, skateboard, bicycle, toy vehicle or any other form of transportation on the Carlsbad Seawall sidewalk. 11.32.070 Carlsbad Seawall--Pedestrian Only. The 11.32.080 Restriction of Areas For Exclusive Use of Surfboards. The Council determines that the unrestricted operation of surfboards and similar devices in that portion of the Pacific Ocean immediately adjacent to the public bathing beaches within the City, constitute a serious hazard and a threat to the safety of many thousands of bathers, particularly during the period between the fifteenth day of May and the first day of October. In order to reduce such hazard and promote public safety durinq such periods, it is essential that the operation of surfboards and similar devices be restricted within that portion of the Pacific Ocean most frequented by persons using the public beaches. The Chief of Police, in conjunction with the district lifeguard supervisor, district VI of the state department of natural resources of beaches and parks, is authorized and directed to ascertain, designate, post and mark from time to time, areas for the use of surfboard riding exclusively. 11.32.090 Hours Surfboarding is Prohibited. It is unlawful for any person to ride, use or otherwise employ a surfboard or similar device in the surf along the beaches of the City between the hours of eleven a.m. and five p.m., Pacific Standard or Daylight Savings Time (whichever is in use) between the fifteenth day of May and the first day of October of any calendar year. Except that it is lawful to surboard ride at any hour in any area ascertained, designated, posted and marked by the Chief of Police and the district lifeguard supervisor, district VI of the state department of natural resources, division of beaches and parks for the use of surfboard riding exclusively, pursuant to this chapter. 11.32.100 Application of Article to Lifesaving Devices. Sections 11.32.080 and 11.32.090 of this chapter shall not apply to those surfboards or other devices used by or under the direction of the lifeguards for lifesaving purposes or for training purposes." Ordinance No. 3222 .12 3 2 a 4 F E 7 E s IC 11 12 le 19 20 21 22 23 24 25 26 27 28 0 EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be published at least once in the Carlsbad Journal within fifteen days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the 13th day of October , 1987 and thereafter PASSED AND ADOPTED at a regular meeting of said City Council held on the 20th day of October , 1987 by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson NOES: None ABSENT: None APPROVED AS TO FORM AND LEGALITY ATTEST: & d. R- ALETHA L. RAUTENKRANZ, City \Clerk Ordinance No. 3222 13.