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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 D aaaa Page 2 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 1 2 3 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 6 7 8 9 10 11 15 16 17 18 23 24 25 26 27 28 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 12 affects of smoking and second hand smoke to its residents and visitors; and 13 WHEREAS, the United States Environmental Protection Agency has 14 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 20 cancer of the cervix, pancreas, and kidneys' and 21 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 -1 - 1 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 4 associated with smoking; and 5 WHEREAS, Carlsbad residents have expressed interest in the City6 7 8 9 19 20 21 23 24 25 26 27 28 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 11 reducing exposure to smoke, secondhand smoke, and smoking related litter; 12 NOW, THEREFORE, the City Council of the City of Carlsbad ordains13 as follows:14 15 SECTION 1: That section 11.32.010 of the Carlsbad Municipal Code 16 is amended to read as follows: 17 . 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. 22 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, -2- 27 28 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 1 2 3 4 .. restrictive. 5 " 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 8 to be published at least once in a newspaper of general circulation in the City of 9 Carlsbad within fifteen days after its adoption. 11 12 13 14 // 15 16 17 18 19 20 21 22 23 24 25 26 // // -3- 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 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 \\ 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. \VA