HomeMy WebLinkAbout2008-07-15; City Council; 19514; Amendment to Section 11.32 of the Carlsbad Municipal Code to Prohibit Smoking In City Parks Beaches and TrailsCITY OF CARLSBAD - AGENDA BILL
AB# 19,514
MTG. 07/15/2008
DEPT. REC
AMENDMENT TO SECTION 11.32 OF
THE CARLSBAD MUNICIPAL CODE TO
nn/^LJiBii" OAflstixitis* iki r*rr\/ DABI/OPROHIBIT SMOKING IN CITY PARKS,
BEACHES AND TRAILS
DEPT. HEAD^^v^
CITY ATTY. ($£>
CITY MGR. m—~
RECOMMENDED ACTION:
Introduce Ordinance No. NS-894 amending Section 11.32.010 of the Carlsbad Municipal
Code and adding Section 11.32.110 to the Carlsbad Municipal Code to prohibit smoking
in City parks, beaches and trails.
ITEM EXPLANATION:
Over the last couple of years, various groups, including the Carlsbad High School
Environmental Club, Vista Community Clinic-Tobacco Control Program, and Teens for
Tomorrow have approached City staff requesting consideration of various smoking controls and
bans within the City of Carlsbad. These requests center on eliminating smoking in parks,
beaches and trails for health and safety reasons.
As a result of these public requests, staff presented a Tobacco Control agenda item to the
Parks and Recreation Commission for its consideration. The Parks & Recreation Commission
voted to recommend that the City Council consider adopting a complete ban on smoking in all
City parks and trails, and possibly City beaches, due to potential health impacts from
secondhand smoke and litter caused by cigarette butts.
After the Commissions recommendation, staff investigated the potential impacts to the City of
Carlsbad by adopting such a smoking ordinance. Staff contacted other local municipalities
(Oceanside, Vista, Solana Beach, Del Mar, Encinitas, San Diego, and La Mesa) to determine
what policies and ordinances, if any, they had in place with regards to banning smoking in their
parks and on their beaches. All of the cities surveyed currently have ordinances in place that
ban smoking in all of their respective parks and beaches.
On May 6, 2008, staff presented a report on Tobacco Control for City Parks and Beaches to the
City Council for their consideration. Council directed staff at that time to return with an
Ordinance to prohibit smoking in Carlsbad parks, including trails and beaches.
The proposed ordinance (Exhibit 1) is modeled after similar ordinances in other municipalities.
Adoption will permit the City to continue to be a place that is committed to keeping its public
parks, beaches and trails clean, safe, healthy, and pleasant for Carlsbad's citizens and visitors.
DEPARTMENT CONTACT: Judi Vincent 760-434-2827 ivinc@ci.carlsbad.ca.us
FOR CITY CLERKS USE ONLY.
COUNCIL ACTION: APPROVED
DENIED
CONTINUED
WITHDRAWN
AMENDED
ty CONTINUED TO DATE SPECIFIC
D CONTINUED TO DATE UNKNOWN
D RETURNED TO STAFF
O OTHER - SEE MINUTES
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FISCAL IMPACT:
The fiscal impact of implementing a ban on smoking in City parks and beaches would be
minimal, as an emphasis would be placed on voluntary compliance, similar to other local
municipalities. Enforcement by the police department will be accomplished as part of routine
patrol duties, or in response to citizen complaints.
In addition, costs associated with signage are anticipated and can be accommodated in the
Recreation Department's existing budget. Depending on the type and quantity of signs, costs
could range from $2,000 to $6,000.
ENVIRONMENTAL IMPACT:
Pursuant to Public Resources Code section 21065 and CEQA Guidelines section 15378, this
action does not constitute a "project" within the meaning of CEQA and therefore, does not
require an environmental review.
EXHIBITS:
1. Ordinance No. NS-894 amending Section 11.32.010 of the Carlsbad Municipal
Code and adding Section 11.32.110 to the Carlsbad Municipal Code to prohibit smoking in
City parks, beaches and trails.
2. Carlsbad Municipal Code sections 11.32.010 and 11.32.110 showing amendments
3. Carlsbad Municipal Code sections 11.32.010 and 11.32.110 clean copy with amendments
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ORDINANCE NO. NS-894
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, AMENDING
CHAPTER 11, SECTION 11.32.010 OF THE
4 CARLSBAD MUNICIPAL CODE AND ADDING
SECTION 11.32.110 TO THE CARLSBAD MUNICIPAL
5 CODE TO PROHIBIT SMOKING IN CITY PARKS,
BEACHES AND TRAILS
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WHEREAS, the City Council is committed to keeping its public parks,
beaches and trails clean, safe, healthy and pleasant for the citizens of Carlsbad and
visitors; and
WHEREAS, the City of Carlsbad is also concerned with the health
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affects of smoking and second hand smoke to its residents and visitors; and
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WHEREAS, the United States Environmental Protection Agency has
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classified secondhand smoke as a Class A carcinogen, the most dangerous
classification of carcinogens; and
WHEREAS, scientific studies have concluded that smoking tobacco, or
any other weed or plant causes chronic lung disease, coronary heart disease, stroke,
19 cancer of the lungs, larynx, esophagus, mouth, and bladder, and contributes to
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cancer of the cervix, pancreas, and kidneys' and
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WHEREAS, discarded cigarette and cigar butts and litter associated
with smoking constitute the overwhelmingly majority of litter on public beaches, parks
and trails and is unsightly, unclean, and particularly hazardous to small children who
may handle or ingest them; and
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2 limiting or prohibiting smoking tobacco, or any other weed or plant in outdoor venues
3 such as public parks, beaches and trails, due to public health, safety and litter
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associated with smoking; and
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WHEREAS, Carlsbad residents have expressed interest in the City6
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WHEREAS, a number of cities in California have adopted ordinances
adopting an ordinance prohibiting smoking in public parks, beaches, and trails within
the City; and
WHEREAS, it has been determined that prohibiting smoking in public
1 o parks, beaches and trails would protect the public health, safety and welfare by
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reducing exposure to smoke, secondhand smoke, and smoking related litter;
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NOW, THEREFORE, the City Council of the City of Carlsbad ordains13
as follows:14
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SECTION 1: That section 11.32.010 of the Carlsbad Municipal Code
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is amended to read as follows:
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. 0 11.32.010 Parks - Scope (amended)1 o For the purpose of this chapter, parks shall include all dedicated parks,
parks established by adverse uses, planted areas open to the general
public, parks on leased property, trails open to the general public,
planted parkways, triangles, and traffic circles maintained by the city,
except parkway strips between curb and sidewalk or behind curb,
along the several streets and highways of the city.
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SECTION 2: That Chapter 11 of the Carlsbad Municipal Code is
amended to add section 11.32.110 to read as follows:
11.32.110 Smoking in public parks and beaches -
Prohibited
It is unlawful for any person to smoke, including emitting or
exhaling the fumes of any pipe, cigar, cigarette or any other
lighted smoking equipment used for burning any tobacco
product, weed or plant, or carry or hold a lighted pipe, cigar,
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cigarette or other lighted smoking products used for burning
any tobacco product, weed or plant in a public park or public
beach except in areas designated by the City Manager, and
indicated by signage, as smoking areas. The provisions of this
Chapter do not apply in any circumstance where federal or
state law regulates smoking, if the federal or state law is more
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restrictive.
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6 EFFECTIVE DATE: This ordinance shall be effective thirty days after
7 its adoption; and the city clerk shall certify the adoption of this ordinance and cause it
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to be published at least once in a newspaper of general circulation in the City of
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Carlsbad within fifteen days after its adoption.
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INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on
the 15th day of July. 2008, and thereafter.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the
City of Carlsbad on the day of , 2008, by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED AS TO FORM AND LEGALITY
RONALD R. BALL, City Attorney
CLAUDE A LEWIS, Mayor
ATTEST:
LORRAINE M. WOOD, City Clerk
(SEAL)
t,4
11.32.010 Parks-Scope.
For the purpose of this chapter, parks shall include all dedicated parks, parks established
by adverse uses, planted areas open to the general public, parks on leased property, trails
open to the general public, planted parkways, triangles, and traffic circles maintained by
the city, except parkway strips between curb and sidewalk or behind curb, along the
several streets and highways of the city. (Ord. 3222 § 2 (part), 1987)
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. (Ord. 3222 § 2 (part), 1987)
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 firecrackers, torpedoes, rockets or other fireworks
except where a special event permit has been granted pursuant to Chapter
8.17;
(6) To stable, pasture or keep animals or insects;
(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. Dogs are not allowed in Carlsbad's parks or on
Carlsbad's beaches.
Notwithstanding any other provisions of this chapter, this section does not
apply to Batiquitos Lagoon, Buena Vista Lagoon or Agua Hedionda Lagoon.
This prohibition does not apply to a dog accompanying an unsighted person,
or other person who by reason of medical necessity must be accompanied
by a dog, dogs while assisting peace officers in law enforcement duties, dog
parks or other areas specifically designated for dog use by the city council, or
to dogs participating in shows or obedience classes authorized by the
Carlsbad community services department on specified areas of parks or
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;
(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 by the owners of
the outer lagoon. This subsection 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 preservation 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 community
services department in specified areas of parks, dog parks or other areas
specifically designated for dog use by the city council. 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 a 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. (Ord. NS-557 § 1, 2000;
Ord. NS-286 § 5 (part), 1994; Ord. NS-56 § 3, 1989; Ord. NS-51 § 1, 1989;
Ord. 3222 § 2 (part), 1987)
11.32.040 Glass containers on beach-Prohibited.
(a) 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.
(b) No person who has in his or her possession any bottle, can or other
receptacle containing any alcoholic beverage which has been opened, or a
seal broken or the contents of which have been partially removed, shall
enter, be or remain on any beach or on any street, sidewalk, alley, highway,
blufftop or parking lot immediately adjacent to such beach. (Ord. NS-49 § 1,
1988; Ord. 3222 § 2 (part), 1987)
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 therfore
from the city council. (Ord. 3222 § 2 (part), 1987)
11.32.060 Violations-Seizure of property.
The city manager, city police, or employees of the community services
department shall have the authority to seize and confiscate any property,
thing, or device used in violation of the terms of this chapter. (Ord. NS-286 §
5 (part), 1994; Ord. 3222 § 2 (part), 1987)
11.32.070 Carlsbad Seawall-Pedestrians 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. Law enforcement personnel shall be
exempt from the provision of this section when in the performance of their
duties. (Ord. NS-152 § 1, 1991: Ord. 3222 § 2 (part), 1987)
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.
(Ord. 3222 §2 (part), 1987)
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 surfboard 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. (Ord. 3222 § 2 (part),
1987)
11.32.100 Application of Sections 11.32.080 and
11.32.090 to lifesaving devices.
Sections 11.32.080 and 11.32.090 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. (Ord. 3222 § 2 (part), 1987)
11.32.110 Smoking in public parks and beaches-Prohibited
It is unlawful for any person to smoke, including emitting or exhaling
the fumes of any pipe, cigar, cigarette or any other lighted smoking
equipment used for burning any tobacco product, weed or plant, or
carry or hold a lighted pipe, cigar, cigarette or other lighted smoking
products used for burning any tobacco product, weed or plant in a
public park or public beach except in areas designated by the City
Manager, and indicated by siqnage. as smoking areas. The
provisions of this Chapter do not apply in any circumstance where
federal or state law regulates smoking, if the federal or state law is
more restrictive.
11.32.010 Parks-Scope.
For the purpose of this chapter, parks shall include all dedicated parks, parks established
by adverse uses, planted areas open to the general public, parks on leased property, trails
open to the general public, planted parkways, triangles, and traffic circles maintained by
the city, except parkway strips between curb and sidewalk or behind curb, along the
several streets and highways of the city. (Ord. 3222 § 2 (part), 1987)
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. (Ord. 3222 § 2 (part), 1987)
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 firecrackers, torpedoes, rockets or other fireworks
except where a special event permit has been granted pursuant to Chapter
8.17;
(6) To stable, pasture or keep animals or insects;
(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
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animal or fowl of any kind. Dogs are not allowed in Carlsbad's parks or on
Carlsbad's beaches.
Notwithstanding any other provisions of this chapter, this section does not
apply to Batiquitos Lagoon, Buena Vista Lagoon or Agua Hedionda Lagoon.
This prohibition does not apply to a dog accompanying an unsighted person,
or other person who by reason of medical necessity must be accompanied
by a dog, dogs while assisting peace officers in law enforcement duties, dog
parks or other areas specifically designated for dog use by the city council, or
to dogs participating in shows or obedience classes authorized by the
Carlsbad community services department on specified areas of parks or
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;
(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 by the owners of
the outer lagoon. This subsection 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 preservation 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 community
services department in specified areas of parks, dog parks or other areas
specifically designated for dog use by the city council. 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 a 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. (Ord. NS-557 § 1, 2000;
Ord. NS-286 § 5 (part), 1994; Ord. NS-56 § 3, 1989; Ord. NS-51 § 1, 1989;
Ord. 3222 § 2 (part), 1987)
11.32.040 Glass containers on beach-Prohibited.
(a) 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.
(b) No person who has in his or her possession any bottle, can or other
receptacle containing any alcoholic beverage which has been opened, or a
seal broken or the contents of which have been partially removed, shall
enter, be or remain on any beach or on any street, sidewalk, alley, highway,
blufftop or parking lot immediately adjacent to such beach. (Ord. NS-49 § 1,
1988; Ord. 3222 § 2 (part), 1987)
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 therfore
from the city council. (Ord. 3222 § 2 (part), 1987)
11.32.060 Violations-Seizure of property.
The city manager, city police, or employees of the community services
department shall have the authority to seize and confiscate any property,
thing, or device used in violation of the terms of this chapter. (Ord. NS-286 §
5 (part), 1994; Ord. 3222 § 2 (part), 1987)
11.32.070 Carlsbad Seawall-Pedestrians 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. Law enforcement personnel shall be
exempt from the provision of this section when in the performance of their
duties. (Ord. NS-152 § 1, 1991: Ord. 3222 § 2 (part), 1987)
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.
(Ord. 3222 §2 (part), 1987)
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 surfboard 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. (Ord. 3222 § 2 (part),
1987)
11.32.100 Application of Sections 11.32.080 and 11.32.090 to
lifesaving devices
Sections 11.32.080 and 11.32.090 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. (Ord. 3222 § 2 (part), 1987)
11.32.110 Smoking in public parks and beaches-Prohibited
It is unlawful for any person to smoke, including emitting or exhaling the
fumes of any pipe, cigar, cigarette or any other lighted smoking equipment
used for burning any tobacco product, weed or plant, or carry or hold a
lighted pipe, cigar, cigarette or other lighted smoking products used for
burning any tobacco product, weed or plant in a public park or public beach
except in areas designated by the City Manager, and indicated by signage,
as smoking areas. The provisions of this Chapter do not apply in any
circumstance where federal or state law regulates smoking, if the federal or
state law is more restrictive.
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