HomeMy WebLinkAboutCC Ord 1277 1988-09-06
ORDINANCE NUMBER
/~11
AN ORDINANCE OF THE CITY OF SEAL BEACH
AMENDING CHAPTER 4 OF THE CODE OF THE CITY OF
SEAL BEACH RELATING TO BEACHES AND PIERS
THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES ORDAIN
AS FOLLOWS:
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section 1.
section 4-8 of Article I, Chapter 4 of the
Code of the City of Seal Beach, California, is hereby amended in
its entirety to read as follows:
"Sec. 4-8. Reaulation of aauatic activities.
(a) That area of the Pacific Ocean within the
territorial limits of the City and extending seaward
two hundred (200) yards from the mean high tide line is
hereby designated as a swimming area.
(b) The navigable waters of Anaheim Bay and the
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San Gabriel River are hereby designated as a prohibited
swimming area, excluding therefrom any portions thereof
now or hereafter designated by the city council as
regulated aquatic sport areas.
(c) The city council may, by ordinance or
resolution, specify use restrictions and regulate
aquatic activities on or adjacent to beaches within the
City. Any such ordinance or resolution may relate,
without limitation, to one or more of the following:
(1) The designation of swimming areas, prohibited
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swimming areas, and surf zones;
(2) The establishment of hours and locations for
regulated aquatic sport areas where only swimming
and bathing are permitted; and
Ordinance Numb~r ~~~
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(3) The establishment of hours and locations for
the use of sailboards, surfboards, paddleboards or
other specified aquatic sport devices and
equipment.
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(d) To the extent not in conflict with the
provisions of any ordinance or resolution pertaining
thereto, the supervising lifeguard on duty is
authorized from time to time to designate certain
locations within aquatic sport areas to be used
exclusively by persons using sailboards, surfboards,
paddleboards or other specified aquatic sport devices
or equipment, and to establish reasonable regulations
therefor. Such designation may be revoked at any time
and the designated location may be enlarged or reduced.
No person shall swim or bathe in a location so
designated except while using a sailboard, surfboard,
paddleboard or other specified aquatic sport device or
equipment.
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(e) Notwithstanding the provisions of any
ordinance or resolution adopted pursuant to subsection
(c) above, the supervising lifeguard on duty shall have
the authority to determine, in the exercise of
reasonable discretion, that weather or water
conditions, special marine events, intensity of use, or
other factors or conditions constitute or may
constitute a hazard to persons engaged in a specified
aquatic activity, other than swimming or bathing, in a
designated aquatic sport area. Upon such
determination, the following provisions shall be
applicable:
Ordinance Number jtZ77
(1) The supervising lifeguard on duty shall give
notice of the time during which a specified
aquatic activity is prohibited ,or restricted.
Such prohibition or restriction shall become
effective when a yellow flag or sign having
dimensions of not less than two feet (2') by two
feet (2') and having a solid black circle in the
center, one foot (1') in diameter (commonly known
as a "blackball" flag or sign) is prominently
displayed from a lifeguard tower, lifeguard
station, bUOY, pier or similar structure under the
control of the supervising lifeguard.
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(2) At such times as the "blackball" flag or sign
is displayed, swimming and bathing only shall be
permitted in the waters adjacent to any beach and
within two hundred (200) yards of the mean high
tide line.
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(f) No person shall fail, refuse or neglect to
leave the waters opposite any beach regulated by this
section when the prohibitions or restrictions provided
for herein are in effect,
(g) No person shall use any aquatic sport device
or equipment in a reckless or negligent manner so as to
endanger the life, limb or property of any person. As
used in this section, the term "aquatic sport device or
equipment" shall include every description of
surfboard, paddleboard, skimboard, bellyboard, surfmat,
sailboard, boogie board, or any similar device or item
of equipment used to propel a person into, on or
through the water while engaging in an aquatic
activity."
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Ordinance'Number /~i)1
Section 2. Sections 4-8.4 and 4-8.5 of Article I,
Chapter 4 of the Code of the City of Seal Beach, California, are
hereby amended in their entirety, and Sections 4-8.6 and 4-8.7
are hereby added to said Article I, Chapter 4, which sections
shall read as follows:
"Sec. 4-8.4. ODeration of vessels.
(a) As used in this and other sections of Article
I, Chapter 4, the term "vessel" shall mean and include
every description of boat, conveyance or watercraft
used or capable of being used for navigating in water
and'designed to be propelled by oars, paddles,
machinery or sail, or any combination thereof1
provided, however, that "vessel" shall not include any
aquatic sport device or equipment as defined in Section
4-8 (g) .
(b) No person shall operate any vessel, nor
permit any vessel to drift, within two hundred (200)
yards of the shoreline of any beach regulated by this
Chapter 4, except:
(1) Where such drifting results from conditions
beyond the control of the vessel's operator1 or
(2) For the purpose of entering or departing a
navigable waterway; provided, however, that the
speed of such vessel shall not exceed five (5)
nautical miles per hour; or
(3) A vessel engaged in lifeguard rescue or
training operations1 or
(4) A vessel owned by, or under the control of, a
governmental agency while engaged in the
performance of official duties1 or
Ordinance Number
b1'1
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(5)
A vessel owned by, or under the control of, a
bonded marine towing, salvage or dredging operator
while engaged in any such activity."
"Sec. 4-8.5. Launchina or landina of vessels.
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It shall be unlawful for any person to launch or
land a vessel from or upon the beach, shoreline or
surfline of any designated swimming area or surf zone,
except in such location or locations as may be
specified for such purpose by the city councilor by
the supervising lifeguard on duty."
"Sec. 4-8.6. SDeed limit for vessels in certain areas.
(a) Every owner, operator or person in command of
any vessel propelled by maChinery or sail is guilty of
a misdemeanor who uses it or permits it to be used at a
speed in excess of five (5) nautical miles per hour in
any of the following areas not otherwise subject to
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limitations as to speed imposed by any other
governmental agency:
(1) Within one hundred feet (100') of any person
who is engaged in the act of swimming or bathing1
or
(2) Within two hundred (200) yards of any beach
frequented by swimmers or bathers1 or
(3) Within two hundred (200) yards of any pier,
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dock, wharf, mooring, float or other facility used
for the embarkation or discharge of passengers.
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Ordin'ance Number /-271'
(b) In no event shall any person operate a vessel
propelled by machinery or sail at a speed greater than
is reasonable or prudent, having due regard for
weather, visibility, water conditions and traffic, and
in no event at a speed or in a manner which endangers
the safety of persons or property."
"Sec. 4-8.7. Operation of vessel. etc.. under
influence of alcohol or druas.
(a) No person shall operate any vessel or
manipulate water skis, an aquaplane or a similar device
while under the influence of intoxicating liquor, any
drug, or under the combined influence of intoxicating
liquor and any drug.
(b) No person shall operate any vessel or
manipulate water skis, an aquaplane, or a similar
device while under the influence of intoxicating
liquor, any drug, or under the combined influence of
intoxicating liquor and any drug, and while so
operating, do any act forbidden by law, or neglect any
duty imposed by law in the use of the vessel, water
skis, aquaplane, or similar device, which act or
neglect proximately causes death or bodily injury to
any person other than himself or herself."
Section 3. Section 4-9 of Article II, Chapter 4 of the
Code of the City of Seal Beach, California, is hereby amended in
its entirety to read as follows:
'Ordinance Number /.277
"Sec. 4-9. Climbina. divina or iumoina prohibited.
It shall be unlawful for any person to dive, jump
or enter the water from, or to climb upon, any public
pier, public bridge, public wharf, seawalls, groins,
jetties or natural rock formation on City propertY1
provided, however, that this prohibition shall not
apply to any lifeguard, city employee, or marine safety
officer acting in the discharge of official duties,
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including emergency rescue operations and training
maneuvers."
Section 4. The City Clerk shall certify to the passage
of this ordinance and shall cause the same to' be published as
required by law and the same shall take effect as provided by
law.
PASSED,
of Seal
on the
APPROVED AND ADOPTED
Be~, California, a
day of
City
held
LjST:
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF SEAL BEACH
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I, Joanne M. Yea, City Clerk of the City of Seal Beach,
California, do hereby certify that the for~~oj~ ordinance
is an original copy of Ordinance Number 1'-(7/1 on file in
the office of the City f~~k, introduced~a reg
meeting held on the ~ day of ~ ,
1988, and passed, approved a adopte by City Council
of the Cit~~ Seal Beach r gul m tlng thereof held
on the - day of , 1988, by the
following vote:
ABSENT:
Councilmembers
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AYES:
Councilmember
NOES:
Councilmembers
and do hereby further certi
has been published pursuant
and Resolution Number 2836.
that Ordinance Number /~11
to the Seal Beach City Charter
yty Cler~
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PROOF OF PUBLICA TION
(2015,5 C,C, P,)
STATE OF CALIFORNIA.
County of Orange
I am a citizen of the United States and a
resident of the County aforesaid; I am over
the age of eighteen years. and not a party to
or interested in the above-entitled matter, I
am the principal clerk of the printer of the
SEAL BEACH JOURNAL
....................................................
a newspaper of general circulation. printed
, WEEKLY
and published .....,.....,..,..................,
,in the City of .....~,~~~..,~~,~,~~..,.......,.
County of Orange. and which news,
paper has been adjudged a newspaper
of' general circulation ty the Superior
Court of the County of Orange. State of
California. under the d'!te of.., ?,7,~~. 19. j".
Case Number ,ABZ5.8)....; that the notice.
of which the annexed is a printed copy Iset
in type not smaller than nonpareill. has
been published in each regular and entire
issue of said newspaper and not in any
supplement thereOft the following dates.
to'Wit0!/;' - "1< ffJ...
........ .'. ~5D8..9:~......,..,.....,
all in the ye r 19......
I certify (or declare) under penalty of
perjury that the foregoing is true and
correct,
Dated at SEAL BEACII
......................................n'1
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ctJ)if ria. this.. .{....da~!.... 1J ,\;,Y. /}
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Signature
Free COP'eI 0 .tll, blink form m.y b. ncurt. from'
CALIFORNIA NEWSPAPER SERVICE
BUREAU, INC.
Legal Advertising Clearing House
120 West Second SI,. Los Angeles. Calif. 90012
Telephone: 12131625,2541
Pita.. r'ClUII' GENERAL ....oof.r '"Illlcal'o"
w"en Drel.rlnIl1hl, form.
,
/.;21/
Ordinance Number
This space is for the County Clerk's Filing Stamp
Proof Qf Publication of
.,',~"Lt\Ylf0.~......,..........
. ,'.,...,...., J0D,.~,... .I.6.1Fr.:......,.......
SUMMARY - ORDINANCE I
NUMBER 1277 - REGULATION OF I
AQUAnC ACTIVITIES
Orchnance Number 1277. amendmK ,
Chapte, 4 of the Code of the City of
Seal Beaeh relatmg 10 the regulation I
01 aquatic activities m the area of the
beach and pier. deslJ1latlng swimming l
areas, surf zone~. use of various
aquatic SPOrt devices. launchmg and I
operation of vessels. was mlroduced at
the relUlar City CounCil meetlne of
AUlUst 15. 1988 First readme of 0,. ,
dmolnce Number 1277 was oIPproved
by the followma vote
AYES Hunt, Laszlo, Risner, WIlson
NOES None
ABSENT Greas Motion c.lrned
Ordnance Number 1277 will recelYe $eo-
cond readme and be conSltjered for
adoption at the ,egul", City CoYncll
meetmeof September 6, 1988 Coples
ot Ordmance Number 1277 are I
1 available In tn. City Clerk's ottlce. CI'
ty Hall.. 21) 8th Sleet. telephone
12131431,2527 ,
DATED THIS 16tn d.I~ 01 ~..
1988
J..",. M, Voo, City ClIIk
City ., Su' B_
August 25. 19&
Published In lhe' St.. &.aft AoVJtel
Ordinance Number /~ 17
. ,
PROOF OF PUBLICATION
(2015,S c.c.P,)
STATE OF CALIFORNIA.
County of Orange
I am a citizen of the United States and a
resident of the County aforesaid; I am over
the age of eighteen years. and not a party to
or interested in the above,entitled mailer I
am the principal clerk 01. the printer 01 the
SEAL BEACH JOURNAL
....................................................
....................................................
a newspaper of general circulation. printed
. WEEKL Y
and publIshed............,....................,
, , SEAL BEACH
on the City of ..............,..........,........
County of Orange, and which news,
paper has been adjudged a newspaper
of general circulation by the Superior
Courl of the County of Orange, State of
California, under the date 01... ?,:-,~~ 19. ],5.
Case Number ..AB2.5.8~....; that the notice,
of which the annexed is a printed copy (set
in type not smaller than nonpareil\. has
been published in each regular and entire
issue of said newspaper and not in any
suppleml1.o.l thereof on the following dates-'lJ
to'Wit:~-h_ J' /~TI
.. .. , .. . ;-., .. .. . ~U ,;y.}. ~~h..". ',.... .. ,
, ~~ .
all i;" e year 19.\..-~',
I certify (or declare) under penalty of
perjury that the foregoing is true and
correct.
Da\e~ at", ..,~'~q..~~'~'~!~')/:........?j
ali' rnia. thi~.:.'C..:day o:t:lf/.'j 19,C7,i
.. '"'~t1l lCl](;C&.f.l.tJ]a. ('!
I Signatur
\
Free COPIes ot Iftll Dl,nk form n'l,y't lI'cureCl'rom.
CALIFORNIA NEWSPAPER SERVICE
BUREAU,INC,
Legal Advertising Clearing House
120 West Second St" Los Angeles, Calif, 90012
Telephone: (2131625.2541
PIUI' rlQues. OE HE RAL Ptoof of ""Dllullon
when .,lIerif\lIIlhb t.rm
This space is for the County Clerk's Filing Stamp
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Proof of Pub I ication of
','(Qj\22t~~tl::::::~::~l~,
SUIIMARV . ORDINANCE 1277
REGUl.A11NG AOUAnc ACT1Y1lES
Ordmance Number 1277, amendlnl
Chapt" 4 01 the Code 01 the City 0'
Seal Bue.h relatinl to the rtlUlation
of aquatic activities In the area of the
beach and pjer, desiptina swlmminl
areas, surf zones, use of various
aquatic sport devices, Ilunchina and I
operation of vessels, recelw.d semrtd
re.dinl and was adopted by the' Seal
Beadl CIty CounCil at a relular
. meetm. thereof held on the 6th day 01
September, 1988 by the following
vote:
AYES Grps, Hunt, Laszlo. Risner,
Wilson
NOES: None Motion carried
Copies 01 Ordmance Number 1277 ae
available in the otflce 01 the City CIeri<,
C,ty.H./I..2JL..;.8UI. Street,_SeaI-
BeaCh, lIllIjlhone (213) 431-2527,
DATED THIS 711I da, 01 September.
1988
_II, V..., CIly Clelk
City 01 Selllleach
Sepllmber IS, 1988
Published in the.~aI8each Journal:' I
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