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ORDINANCE 803ORDINANCE NO. 803 AN ORDINANCE OF THE CITY OF EL SEGUNDO, CALIFORNIA, AMENDING THE "EL SEGUNDO MUNICIPAL CODE" BY ADDING CHAPTER 13.08 THERETO RELATING TO BEACH REGULATIONS. THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. Chapter 13. 08 consisting of Sections 13. 08. 010 to 13. 08. 350, inclusive, is added to the "El Segundo Municipal Code" to read as follows: "CHAPTER 13.08 "BEACH REGULATIONS " 13. 08. 010 DEFINITIONS. As used in this Chapter, unless the context otherwise clearly indicates, the words and phrases used in this Chapter are defined as follows: (1) Alcoholic Beverage. 'Alcoholic beverage' includes alco- hol, spirits, liquor, wine, beer and every liquid or solid containing one -half of one percent or more of alcohol by volume and which is fit for beverage purposes either alone or when diluted, mixed, or combined with other si:bstances. (2) Beach. 'Beach' means all that area lying adjacent to the Pacific Ocean within the City of El Segundo, described as follows: A strip of land of variable width lying westerly of the westerly line of Lot 1, Tract 1314, recorded in Map Book 20, Page 161 in the office of the County Recorder of the County of Los Angeles, and lying westerly of the Nesterly line of Lot 22, Tract 2356, recorded in Map Book 28, Page 42, in the office of said County Recorder; extending from the northerly City Boundary line (said line also being the westerly prolongation of the northerly line of said I.ot 1, Tract 1314) to the southerly Cite boundary line (said line also being the westerly prolonga- tion of the southerly line of property described by deed recorded August 10, 1954, in Map Book 45398, Page 396, of said County Recorder). (3) Chief of Police. 'Chief of Police' means the Chief of Police of the City of El Segundo and his duly authorized officers. (4) Director. 'Director' means the Director of the Depart- ment of Beaches, his deputy, or other person authorized by him pur- suant to laNti to act in his stead. (5) Loitering. 'Loitering' means to idle, to loaf, to stand idly by, or to walk, rive or ride about aimlessly without lawful pur- pose. (6) Vessel. 'Vessel' includes every description of water- craft, other t Fan a seaplane on the water, used or capable of being used as a means of transportation on water. 'Vessel' includes a raft, 'abut does not include a surfboard, paddleboard, or a standard surf mat. "13. 08. 020 SCOPE. The provisions of this Chapter shall apply to all ocean beaches in the City as defined in Section 13. 08.010 which are maintained for the use of the general public by the State of California, the County of Los Angeles, and the City of E1 Segundo, or by any department thereof, or by any other public body. This Chapter does not apply to any parks. "13. 08. 030 COMPLIANCE. A person shall not enter, be, or remain on any beach unless he complies with all of the regulations set forth in this Chapter applicable to such beach, and with all other appli- cable provisions of this Code. "13.08.040 EXERCISE OF POWER BY DEPUTY, CHIEF OF POLICE, OR AUTHORIZED PERSON. Whenever a power is granted to, or a duty is imposed upon the Director, or the Chief of Police, or other public officer, the power may be exercised or the duty performed by a deputy of the officer or by a lifeguard or other person authorized, pursuant to law, by the Director, or the Chief of Police, or other pub- lic officer, unless this Chapter expressly provides otherwise. "13. 08. 050 ENFORCEMENT. The Director and the Chief of Police shall enforce the provisions of this Chapter. In order to pro- tect public beach areas bordering the Pacific Ocean from damage and in order to preserve the peace therein, the Director, Assistant Dir- ector, Deputy Director, captains of lifeguards, lieutenants of life- guards, beach lifeguards (excluding recurrent lifeguards) and com- manders of rescue boats in the Department of Beaches may issue citations in accordance with Section 853.6 of the Penal Code. "13. 08. 060 AT OWN RISK. A person exercising any of the privileges authorized by this Chapter does so at his own risk with- out liability on the part of the County or City for any injury to per- son or property resulting therefrom. "13. 08. 070 EXCEPTIONS. The provisions of this Chapter are not applicable to acts performed: (1) In an emergency, for the purpose of protecting life or property; (2) By employees of the City, County or by employees of the State or other public body maintaining a beach, for the purpose of per- forming their duties; (3) For the purpose of giving instruction, training or exhibi- tions, when specific permission to give such has been received from the Director; (4) When special permit has been issued by the City Council. "13.08.080 ALCOHOLIC BEVERAGES. No person shall enter, be or remain on any beach while in possession of, transporting, pur- chasing, selling, giving away or consuming any alcoholic beverage. "13. 08. 090 ANIMALS. No person shall maintain or bring on any beach nor bring into the waters of the Pacific Ocean adjacent to any beach, any cattle, horse, mule, goat, sheep, swine, dog, cat or -2- "other animal of any kind, whether such animal is leashed or un- leashed. "13.08. 100 BALL REGULATIONS. No person shall cast, toss, throw, kick, or roll any ball, tube or any light object other than inflated rubber balls not less than ten inches in diameter upon or over any beach regulated by this Chapter or upon or over any waters of the Pacific Ocean opposite such beach. "13.08. 110 BATHING, SWIMMING. No person shall swim, bathe, or immerse himself in the waters of the Pacific Ocean oppo- site any beach regulated by this Chapter more than two hundred yards from shore except: (1) A person who is the owner of a vessel, or who acts at the request of such owner while engaged in servicing or repairing such vessel, and then only in the immediate area of such vessel; (2) A person engaged in the sport commonly known as aqua- planing, water skiing, or any derivations thereof, provided that such person is at all times wearing a safety belt approved by the Director; (3) A skin diver equipped with swim fins and a face plate if at all times he maintains within fifty yards of himself a boat or a surf mat, paddle board or surfboard upon which there is a rectangu- lar flag twelve by fifteen inches, orange -red in color with a white diagonal stripe three inches wide running from one corner to the diagonally opposite corner. The flag shall be flown high enough so as not to touch the water; (4) No person shall surf more than fifty yards beyond the farthest breaking wave when such farthest breaking wave is more than one hundred fifty yards from shore. "13. 08. 120 BOATING. No person shall operate any vessel within three hundred yards of the shoreline of any beach regulated by this Chapter except when necessary in taking it to or from its lawful mooring place or when necessary in the case of emergency, or upon special permit issued by the City Council. "13. 08. 130 DISTURBANCE. No person shall disturb the peace and quiet of any beach by: (1) Any unduly loud or unusual noise; or (2) By tooting, blowing, or sounding any automobile siren, horn, signal or noise - making device; or (3) By any tumultuous conduct; or (4) By the use of any vulgar, profane or indecent language. "13. 08. 140 FIRES. No person shall light or maintain any fire on any beach. "13. 08.150 FLORA AND TURF. No person shall dig, remove, destroy, injure, mutilate, or cut any tree, plant, shrub, bloom or flower, or any portion thereof, growing on the beach. No person shall remove any wood, turf, grass, soil, rock, sand or gravel from the beach. "13. 08.160 GLASS, BOTTLES. No person shall place, throw, leave, keep or maintain any bottle, glass, crockery, sharp or pointed -3- "article or thing in such a manner that any person on a beach is or may be cut, pricked, or in any way injured thereby. "13.08.170 GUY WIRES. No person shall fasten or main- tain any guy wire, guy rope or exterior bracing or support of any tent, lodge, shelter or structure between it or any portion thereof, and any structure, stake, rock or thing outside of such tent, lodge, shelter or structure. "13.08.180 HAZARDOUS AREAS. Whenever any County life- guard finds that because of extra high surf, riptide, or other hazard- ous conditions, it is unsafe for the average person to swim or bathe within a certain area of the waters of the Pacific Ocean opposite any beach regulated by this Chapter, during the time such hazardous con- ditions exist such lifeguard may instruct all persons not to swim or bathe in such area. All persons shall comply with such instructions. "13. 08. 190 HORSES. No person shall ride a horse, mule, burro, or donkey, or other similar animal, or lead such animal on, upon, along any beach or in or along the waters of the Pacific Ocean adjacent to any beach. "13.08.200 INFLATED EQUIPMENT. No person shall use in the Pacific Ocean opposite any beach regulated by this Chapter, any inflated equipment of any kind except a standard surf mat which is: (1) Constructed of a durable material with a non - slippery surface; (2) So constructed that, when inflated for use it will not fold in any direction; (3) Not smaller than twenty -four inches by forty inches; (4) Not larger than thirty inches by sixty inches; (5) Equipped with a safety rope. "13. 08.210 INTOXICATED PERSONS. An intoxicated person in an intoxicated condition shall not enter, remain on, or be on any beach. "13. 08.220 LOITERING. No person shall loiter on any beach at any time between the hours of 12 midnight and 6 a. m. "13.08.230 MEASUREMENTS FROM SHORE. In Sections 13. 08. 110, 13. 08. 120 and 13. 08. 350, and whenever elsewhere, a distance from shore is specified, it shall mean the distance measured at right angles to the tangent of the actual line between the water and the unsubmerged beach as it exists at the time of measurement. "13. 08.240 MOTOR VEHICLES. If the Director or the Chief of Police find that at certain times, or under specified restrictions, or at designated places a person can so operate a motor vehicle so as not to interfere in any way with the use of any beach, he may grant such person permission so tc operate such motor vehicle. No person shall bring to, or operate on, any beach any motor vehi- cle except as permitted by the Director or the Chief of Police and subject to all of the conditions which are a part of such permission. If permission to operate a motor vehicle is granted, a person shall park such motor vehicle only in those areas designated by the Direc- tor for parking. -4- Ls i "13.08.250 OVERNIGHT USE AND CAMPING. No per- son shall camp on or use for overnight sleeping purposes any beach or bring a house - trailer or similar vehicle on to any beach. "13.08.260 POLLUTION - -OIL. No person shall deposit, place, throw, divert, or in any manner dispose of, or cause or permit to be deposited, placed, thrown, diverted, or in any man- ner disposed of, any crude petroleum, refined petroleum, engine oil, or any oily by- product thereof or any tar or any product con- taining tar, or any oily substance into the waters of the Pacific Ocean, or into or upon the waters of any lagoon, bay, inlet, or tributary thereof; or deposit, place, throw, divert, or in any man- ner dispose of any crude petroleum, refined petroleum, engine oil, or any oily by- product thereof, or any tar, or any product contain- ing tar, or any oily substance upon any beach, tideland, or submer- ged land, or any portion therof. "13.08.270 POLLUTION -- INDIRECT. No person shall de- posit, place, throw, divert, keep, maintain, or in any manner dis- pose of, or cause or permit to be deposited, placed, thrown, diverted, kept, maintained, or in any manner disposed of any crude petroleum, refined petroleum, engine oil, or any oily by- product thereof, or any tar, or any product containing tar or any oily substance into, along, or upon any land, premises, or place in such a manner that the same, or any portion thereof, may run or be transferred or carried to, or be in any manner deposited upon or conveyed to any beach, tideland or submerged land, or any portion thereof, or into or upon the waters of the Pacific Ocean, or into or upon the waters of any lagoon, bay, inlet, or tributary thereof. "13.08.280 POLLUTION -- OTHER. No person shall deposit, place, throw, or in any manner dispose of any dead animal or any portion thereof, or any vegetable or animal matter, or any offal, night soil, manure, rubbish, trash, garbage, or any decaying or putrid matter, material or substance which might decay or become putrid, or any matter, material or substance which is or might be- come injurious to health or which is or might become a nuisance or offensive to the senses of any person coming in proximity thereto, into the waters of the Pacific Ocean, or into the waters of any lagoon, bay, inlet or tributary thereof, of, in, upon, or along any beach, tideland, or submerged land, or any portion thereof, or keep or maintain or cause or permit to be kept or maintained upon any premises or in or at any place, any article, substance, or thing hereinabove in this section enumerated, in such manner that any such article, substance or thing, or any portion thereof may be transferred or carried to, or be in any manner deposited upon or conveyed to any beach, tideland, or submerged land, or any portion thereof, or into or upon the waters of the Pacific Ocean, or into or upon the waters of any lagoon, bay, inlet or tributary thereof. "13.08.290 RECREATION BUILDING. No person shall use any recreation building at any time except between the hours of 8 a, m. and 12 midnight of any day except upon written permit from the Director or the Chief of Police. "13. 08. 300 RUBBISH. No person shall throw, place or dis- pose of any garbage, refuse, or can in any place on a beach or into or upon the waters of the Pacific Ocean other than into a garbage can or other receptacle maintained there for that purpose. No person shall throw, place or dispose of, any waste paper or combustible refuse in any place on a beach or into or upon the waters of the Pacific Ocean other than into a receptacle maintained for that pur- pose. "13. 08. 310 SHELTERS. No person shall erect, maintain, use or occupy on a beach any tent, lodge, shelter or structure unless such tent, lodge, shelter or structure shall have two sides thereof entirely open, and unless there shall be an unobstructed view into -5- "such tent, lodge, shelter, or structure from the outside thereof on at least two sides thereof. "13.08.320 SHOOTING. No person shal'.,t discharge or shoot any firearms, air gun, slingshot or bow and arrow anywhere on a beach. "13.08.330 SOLICITATION. No person shall solicit in any manner or for any purpose, or sell or offer for sale, any goods, wares or merchandise, or distribute or pass out any handbills, ad- vertising matter or literature on a beach. "13. 08. 340 STRUCTURES. No person, other than a duly authorized employee of the City or the Department of Beaches, in the performance of his duties shall: (1) Cut, break, injure, deface or disturb any rock, build- ing, cage, pen, monument, sign, fence, bench, structure, appara- tus, equipment or property on a beach, or any portion thereof; (2) Mark or place thereon or on any portion thereof, any mark, writing, or printing; (3) Attach thereto any sign, card, display or other similar device. "13.08.350 SURFBOARDS, SURFMATS, PADDLEBOARDS. (1) No person shall use, possess or operate in the waters of the Pacific Ocean opposite any beach regulated by this Chapter any object commonly known as a surfboard, paddleboard or similar device (but not including surfmats and belly boards) at such times when said waters are restricted for swimming and bathing only. Such restriction shall be effective when a yellow flag having dimensions of not less than two feet by two feet and having a solid black circle in the center (commonly known as a "blackball flag ") is prominently displayed from a lifeguard tower, lifeguard station, pier or similar structure under the control of the Department of Beaches. At such times as the blackball flag is displayed, swimming and bath- ing only shall be permitted in the waters of the Pacific Ocean opposite those areas of the beach within two hundred yards of the point of dis- play of said blackball flag, provided, however, that where said black- ball flag is displayed from consecutive operational lifeguard towers, lifeguard stations and similar structures under the control of the Department of Beaches along a beach regulated by this Chapter then all waters of the Pacific Ocean opposite said beach shall be restricted to swimming and bathing only. Such restrictions shall also be indicated by pairs of red flags put in place by the Director. At such times as said red flags are dis- played, swimming and bathing only shall be permitted in the waters of the Pacific Ocean opposite those areas of the beach lying between a given pair of such red flags. (2) No person shall use, possess or operate in the waters of the Pacific Ocean opposite any beach regulated by this Chapter any object commonly known as a surfmat, paddleboard, belly board, surf- board, or similar device except within two hundred yards from shore or seventy -five yards seaward of the point at which the average wave is breaking, whichever distance is greater, or when used by a skin diver to hold a flag required by Section 13. 08. 110. "(3) No person shall bring or permit or allow in the waters of the Pacific Ocean opposite any beach regulated by this Chapter any object commonly known as, or used as, a paddleboard or surf- board, within one hundred feet of any person in the waters thereof who was not at the time using or possessing a similar object. (4) Notwithstanding any provision of this section, the Direc- tor may from time to time designate certain areas to be used exclu- sively by persons using surfboards and paddleboards. Such designa- tion may be revoked at any time and the area covered by any such designation may be enlarged or reduced at any time. No person shall swim or bathe in the waters of the Pacific Ocean included in an area so designated except while using a surfboard or paddleboard or as is necessary in order to use a surfboard or paddleboard. (5) A person in violation of the restrictions set forth in this section shall not fail, refuse or neglect to leave the waters of the Pacific Ocean opposite any beach regulated by this Chapter when such restrictions are in force. SECTION 2. This ordinance shall become effective at mid- night on the thirtieth day from and after the final passage and adoption thereof. SECTION 3. The City Clerk shall certify to the passage and adoption of this ordinance; shall cause the same to be entered in the book of original ordinances of said city; shall make a minute of the passage and adop- tion thereof in the records of the meeting at which the same is passed and adopted; and shall, within fifteen days after the passage and adoption thereof, cause the same to be published once in the E1 Segundo Herald, a weekly news- paper of general circulation, published and circulated within said City of E1 Segundo, and which is hereby designated for that purpose. PASSED, APPROVED and ADOPTED this 12th day of March , 1973 . ATTEST: JANE D. HOUGH City Clerk B v Z.1 ,471- . uty - (t*1 _4115 0-0401u� Mayor of the City of El Segundo, Ca i ornia. -7- 444 ? -4 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) I, . JANE D. HOUGH .............. City Clerk of the City of El Segundo, California, do hereby certify that the whole number of members of the City Council of the said City is five; that the foregoing ordinance, being Ordinance No. . . . . . is a full, true and correct original of Ordinance No. . 803........ of the said City of El Segundo, California, entitled: AN ORDINANCE OF THE CITY OF EL SEGUNDO, CALIFORNIA, AMENDING THE "EL SEGUNDO MUNICIPAL CODE" BY ADDING CHAPTER 13.08 THERETO RELATING TO BEACH REGULATIONS which was duly passed and adopted by the said City Council, approved and signed by the Mayor of said City, and attested by the City Clerk of said City, all at a regular meeting of the said Council held on the . ,12th day of .. March ......... 19.73....... , and that the same was so passed and adopted by the following vote: AYES: Councilmen . McGill, ,Morgan,, Nagel, ,Stephens.......... . ..and Mayor ,Balmer;......... ............ . NOES: Councilmen . , None ..... . ABSENT: Councilmen, . None .. . . . . .............................. . I do hereby further certify that pursuant to the provisions of Section 36933 of the Government Code of the State of California, that the foregoing Ordinance No. . 803.... was duly and regularly published according to law and the order of the City Council of said City in the E1 Segundo Herald, a weekly newspaper of general circulation, printed, published and circulated within said City and that the same was so published therein on the following date, to wit : !, . ... JANE .D. HOUGH. _ , .. , . City Clerk of the City of El Segundo, California (SEAL) Deputy