HomeMy WebLinkAbout1987-10-13; City Council; 7439-4; Agua Hedionda Lagoon RegulationsCIT' OF CARLSBAD — AGEND" BILL
AR# 7439-4
MTP, 10/13/87
DEPT. OA
TITLE:
AGUA HEDIONDA LAGOON REGULATIONS
DEPT. HD." —
CITY ATTYV/^5
HITY MGR.
RECOMMENDED ACTION:
If the City Council concurs with the changes your action is to
reintroduce Ordinance No. 3222 .
ITEM EXPLANATION
The City Council at your meeting of September 15, 1987
introduced Ordinance No. 3222 to adopt a revised set of
regulations for the Agua Hedionda Lagoon. Council also adopted
Resolution No. 9238 establishing rules of the road for the
lagoon. After that meeting the Parks and Recreation Department
received an expression of concern about the new ordinance from
San Diego Gas & Electric Company. In response to those concerns
the department did not return the ordinance to the Council in
the normal course of business for adoption. The department now
wishes to recommend some changes to the ordinance as contained
in a letter from the company dated September 24, 1987. Those
changes have been made in the ordinance. If the Council
concurs, your action is to again introduce Ordinance No. 3222 as
revised.
EXHIBIT
Ordinance No. 3222 ^
Memorandum from Carl Pope dated September 30, 1987 with letter
from SDG&E and their suggested modifications to Ordinance No.
3222
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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
Code is amended to read as follows:
"Chapter 11.24
AGUA HEDIONDA LAGOON
Sections :
11.24.005 Application
11.24.010 Definitions
11.24.015 Special Use Area - Aqua Hedionda
11.24.020 Lagoon use permit
11.24.025 Vessel speed limits
11.24.030 Maximum vessel speed limit
11.24.035 Operation of vessels at night
11.24.040 Middle lagoon
11.24.045 Outer lagoon
11.24.050 Inner lagoon
11.24.055 Fishing
11.24.060 Public access
11.24.065 Private launch ramp
11.24.070 Bristol Cove
11.24.075 Maximum number of vessels on the
11.24.080 Maximum vessel length
11.24.085 Prohibited uses
11.24.090 Excessive engine noise prohibited
11.24.095 Area for swimming and wading
11.24.100 Throwing waste or refuse
11.24.105 Aquatic special events
11.24.110 Water skiing slalom course
11.24.115 Ski Boats and Skiers
Municipal
Lagoon
water
11.24.120 Vessels to stay outside boat lanes
11.24.125 City's liability - use of area at
risk
own
11.24.130 Compliance with orders of lifeguard or
signs
11.24.135 Rules of the road
11.24.140 Constitutionality or invalidity
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11.24.005 Application. The provisions of Sections
11.24.010 through 11.24.140 apply only to Agua Hedionda Lagoon.
11.24.010 Definitions. For the purpose of this chapter
the definitionsoutlinedin the State Harbors and Navigation
Code, Vehicle Code and California Administrative Code shall
apply.
11.24.015 Special Use Area - Agua Hedionda Lagoon. The
entire Agua Hedionda Lagoon, consisting of three sect ions 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 shal'l
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:
Resident $25
Non-resident 35
DAILY FEE:
Resident $ 7
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.
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(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 vesselatspeedsTnexcess 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.
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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 thefollowing 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.
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(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 marina 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 ofpassiveand power vessels(excludingjet 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 lagoon. 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.
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(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 vesselunlessItis properly muffled
at all times and shall not exceed the sound levels 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
refuseofany kindin 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 skiingslalom 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.
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(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 the right-of-
way over take-off traffic; take-off 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-off
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.
11.24.120 Vessels to Stay Outside Boat Corridor. 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.
VINCENT F. BIONDO, JR.CITY ATTORNEY - CITY OF CARLSBAD1200 ELM AVENUECARLSBAD, CALIFORNIA 920081
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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:
"Chapter 11.32
PARKS AND BEACHES
Sections :
11.32.010 Parks — Scope
11.32.020 Beaches — Scope
11.32.030 Unlawful Acts
11.32.040 Glass containers on beach — prohibited
11.32.050 Public dances
11.32.060 Violations — Seizure of property
11.32.070 Carlsbad Seawall - Pedestrian only
11.32.080 Restriction of areas for exclusive use of
surfboards
11.32.090 Hours surfboarding is prohibited
11.32.100 Application of article to lifesaving
devices
Ordinance No. 3222 8.
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11.32.010 Parks—Scope. For the purpose of this
chapter, parksshallinclude 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 ofthefollowing 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;
(6) To stable, pasture or keep animals or insects.
Ordinance No. 3222 9.
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(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 .10
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(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 liguid for drinking purposes on any beach or on
any street, sidewalk, alley, highway, or parking lot immediately
adjacent to such beach.
Ordinance No.3222 .11
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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 Seawallsidewalk atthe base ofthe 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 during 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
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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 , 1937
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
, Gity /Attorney
CLAUDE A. LEWIS, Mayor
ATTEST:
ALETHA L. RAUTENKRANZ, City \:ierk
Ordinance No. 3222 13,
September 30, 1987
TO: RON BALL, ASSISTANT CITY ATTORNEY'
FROM: CARL POPE, AQUATIC SUPERVISOR, ACTING SUPERINTENDENT
AGUA HEDIONDA LAGOON ORDINANCE
Per our discussion earlier today, attached is the letter from
S.D.G. & E. representative Pat Stanfield. I have reviewed
the recommended changes and do not foresee any objections to
them. On behalf of the Parks and Recreation Department I
concur with the suggested modifications and ask that the
municipal code be updated to reflect these changes before
being submitted for Council approval on October 13, 1987.
If you have any questions, please call me at X 2861.
CP:hlj
Attachments: 2
c: Dave Bradstreet, Parks and Recreation Director
San Diego Gas & Electric
RECEIVED SEP 2 9
September 24, 1987
1987
FILE NO.
Mr. David Bradstreet
Director, Parks & Recreation
Department
City of Carlsbad
1200 Elm Avenue
Carlsbad, CA 92008-1989
Dear Dave:
We have had an opportunity to review the proposed Ordinance No.
3222 which would regulate uses of the Agua Hedionda Lagoon
Parks & Beaches. Since we were not previously notified of this
ordinance, we regret our concerns were unable to be handled
earlier in the review process.
As owner of the Agua Hedionda Lagoon, SDG&E is concerned that
the ordinance not limit our rights as owner nor impact our
lagoon uses, especially those on the outer Lagoon. SDG&E
leases the middle and inner lagoons to the City and supports
the intent of the ordinance to ensure proper and orderly uses.
The attachment shows the ordinance modifications SDG&E believes
are necessary to protect the Company and its operations and
have been underscored for easier identification. I hope you
will be able to incorporate these in the ordinance proposed for
adoption.
If you have any questions, please call me at 696-2391. I'd
appreciate knowing prior to the coucil hearing if you plan to
include these changes.
Sincerely,
P. M. Stanfield
Land Projects & Redevelopment
Supervisor
PMSrmel
Attachment
cc: GABishop
FMDudley
DLRose
TLSinnott
POST OFFICE BOX 1831 • SAN DIEGO, CALIFORNIA 92112 • TELEPHONE: 619/696-2000
City of Carlsbad Ordinance No. 3222
Suggested Modifications to Chapter 11.24
11.24.020 lagoon Use Permits.
(10) Lagoon use permits are not required for dredging, research, patroling or
naintenance by SDG&E and their designees.
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 & Electric Company
and those activities specifically approved bySDQ&E including marine research and
fishing from the west shoreline in posted areas. It is unlawful to operate any
power or passive vessel in 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.
11.24.085 Prohibited Uses.
(9) This section is not intended to apply to SDG&E's activities in the outer
lagoon. Pie City does not intend to regulate maintenance, dredging, research,
patrol, utility and other vessels authorized by SDG&E for uses in the outer
lagoon.
11.24.095 Areas for Swiimdng 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.
11.24.135 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.
Chapter 11.32
11.32.030 Unlawful Acts
(19) Tb 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 by 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 notor-powered vehicles in
emergencies when it is necessary to use them for the preservation or protection of
Irfe 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.