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Home My WebLink AboutCC Ord 771 1968-11-18 . " .. ~ " " l=~~-'-~:~!."L 0:: ICIPL COpy NCT TO (;;'; V,I~": I ;.: ,~.',~ HE CITY CLER,~'..i O,.,:ICE I I ORDINANCE NUMBER 771 AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING CHAPTER 4, BEACHES, PARKS, AND PIERS, OF THE SEAL BEACH CITY CODE. The City Council of the City of Seal Beach odes ordain as follows: Section 1. Section 4-1, Article 1, Chapter 4, of the Seal Beach City Code is hereby amended to read as follows: It is hereby declared unlawful for any person to dig,. by any means, into or under the surface of any park o~ beach, or for any person to use any implement or tool designed to sift, screen, or riddle the sand upon the public beaches withinlthe city, for the purpose of searching for or retrieving articles 'from such public beaches within the city. I The provisions of this section shall not apply to any authorized representative or employee of the city while employed by the city for the purpose of cleaning and maintaining the beaches of the city: searching for and retrieving articles that might be imbedded upon or under the surface of the beach, provided that such searching and retrieving operations are not of a commercial nature. Any person carrying on such activities shall surre*der to the Police Department of the City of Seal Beach any article recovered that may be identi- fiable as a "lost and found" article. ' Section 2. Sect~pn 4-2, Article 1, Chapter 4, of the Seal Beach City Code is hereby amended to read as follows: No person shall be upon,use, or occupy ihe public beach, or any public park, owned, belonging to, or under the jurisdiction of the city, between Midnight and 4:30 a.m., of each day. section 3. Section 4-3, Article 1, Chapter 4, of the Seal Beach City Code is hereby amended to read as follows: No person shall erect any umbrella or tent upon any public beach, or any street, park, alley, passageway, or public parking lot within the city if same shall have side walls attached thereto: any umbrella or tent shall at all times, while same is erected, be fully exposed from at least two sides to the public view. ,. I I I Ordinance. Number "..~ '.. ", Section 4. Section 4-4, Article 1, Chapter 4, of the Seal Beach City Code is hereby amended to read as follows:" No person shall dress or undress, for the purpose of putting on or taking off bathing garments, in or upon any public street, public parking lot, park, public street, alley, or other public place, or beneath any pier or wharf, or upon any public beach, or within any public toilet, or within a vehicle or portion thereof, other than a house trailer or camper designed for living purposes, parked in an area specifically designed by the city or other governmental agency for.the purpose of parking said house trailer or camper, or other than in a public change room designated by the city or other governmental agency for such purpose. Section 5. Section 4-5, Article 1, Chapter 4, of the Seal Beach City Code is hereby amended to read as follows: It is hereby declared unlawful for any person to sleep in any auto- mobile, house trailer. camper, or other vehicle parked any place in the city of Seal Beach, or to pitch a tent, camp, or sleep on any public or private beach, park, public street, alley, passageway, or public parking lot between the hours of 9:00 p.m., and 9:00 a.m., the next day. Section 6. Section 4-6, Article 1, Chapter 4, of the Seal Beach Code is hereby amended to read as follows: No person shall throw, place, bury, deposit, drain, or otherwise dispose of broken glass, crockery, ashes, cinders, bottles, tin cans, paper, oil, asphaltum, distillate, animal or vegetable matter, rubbish, trash, or dirt, or similar waste matter upon any beach, public parking lot, or park within the city, except in such recept&cles as may be provided for by the city for the deposit of such waste matter. Section 7. Section 4-7, Article 1, Chapter 4, of the Seal Beach City Code shall be amended to read as follows: No person shall remove any sand from any public beach within the city unless he shall have first obtained the written approval of the City Manager. Section 8. Section 4-8 of the Seal Beach City Code is amended to read: (a) The City Council shall by resolution establish the hours and locations during which the use of surfboards, paddleboards, bellyboards, and skim boards may be used. No person shall use surfboards, paddle- boards, bellyboards, or skimboards in the surf or on the beach except at such times and places as may be authorized by resolution of the City Council. No person shall swim in the locations and at such times as the use of surfboards and paddleboards are permitted. The City Council may from time to time amend such times and locations permitting surfing and paddleboard activities on the beach or in the surf, pro- vided that no person shall engage in paddleboard surfing within One Hundred Feet (100') of any person who is engaged in the act of swimming or bathing. I I I , ordi~~nce ~umb~r ..:. .'. Section 8 (continued) (b) For the purpose of this section the following definitions shall be effective: (l) Surfboard is defined as a piece of aquatic equipment, equipped with a skeg, generally in excess of six (6) feet in length, which equipment is designed for or may be used by one or more persons for surf and/or wave riding. (2) padd1eboard is defined as a piece of aquatic equipment, without a skeg, generally in excess of five (5) feet in length, which equipment is designed for or may be used by one or more persons for surf riding or paddling. (3) Bellyboard is defined as a piece of aquatic equipment with a skeg, under six (6) feet in length, which equipment is designed fori or may be used by a , person for riding surf. : , (4) Skimboard is defined as a piice of aquatic equipment, without a skeg, whic~ equipment is designed for, or may be used by'a person for riding surf or skimming in shallow water. (c) Notwithstanding provisions of any resolution establishing hours and locations, if in the opinion of the Senior Lifeguard on duty, the use of padd1eboards, surfboards, be1lyboards, and/or surfing during any period of time in which surfing is permitted, would con- stitute a hazard to swimmers or bathers, the Senior Lifeguard on duty shall order the discontinuance of surfboards, paddleboards, or be11yboards for surfing purposes in the area designated in such resolution permitting surfing, or any portion of said area, for so long as, in his opinion, surfing and/or the use of surfboards, paddle- boards, and/or bellyboards constitutes or may~stitute a hazard to swimmers and/or bathers. In the event, the Seniorr.,Lifeguard shall order the discontinuance of surfing and/or the use of surfboards, paddleboards, or be11yboards, he shall announce his order by use of the lifeguard public address system or other similar means and the persons using said aquatic equipment shall immediately remove said equipment from the ocean waters. Section 9. There is hereby added to the Seal Beach City Code, Section 4-8.1, Article 1, Chapter 4, to read as follows: It shall be unlawful for any person to permit or allow any dog or other animal owned, controlled, or in possession of said person, to be on or upon any pw)lic or private beach, or on, upon, or in any public park or public parking lot. I I I .' Ordinance Number , . ~...,; . - ... " . ,. .' . Section 10. There is hereby added to the Seal Beach City Code, Section 4-8.2, Article 1, Chapter 4, as follows: No person shall ride or drive any horse or other animal, any bicycle, motorcycle, automobile, or other vehicle upon the public beach or in or upon any public park without a written permit to do so from the City Manager or his authorized representative, provided that this section shall not apply to any city employee acting in the discharge of his assigned duties. Section 11. Section 4-8.4, Article 1, Chapter 4, of the Seal Beach City Code is hereby amended to read as follows: No person, as principal, agent, or employee shall peddle or sell goods, wares, or merchandise of any kind, or solicit customers or trade for any business or occupation, in or upon any public beach, public park, or public parking lot except from booths or storerooms constructed thereon with the permission of the City Council, or when such person is operating under any grantee of any franchise or lessee of any lease authorized by the City Council. Section 12. Section 4-8.4, Article 1, Chapter 4, of the Seal Beach city Code is hereby added and reads as follows: All areas of the Pacific Ocean within ~wo hundred yards of the beach within the City are designated as a swimming area. It is hereby declared to be unalwful for any person to operate a boat within such swimming area except: (a) at which time per hour. For the purpose of entering or leaving a channel the speed of such boat shall not exceed five miles (b) A boat engaged in rescue or salvage operations. (c) A boat operating under control of, or owned by, a governmental agency while in the course of official duty. Section 13. Section 4-8.5, Article 1, Chapter 4, of the Seal Beach City Code is hereby added and reads as follows: It shall be unlawful for any person in command of a boat to allow such boat to drift closer than two hundred yards of a beach within the city, except when such drifting results from conditions beyond the operator's control. Section 14. Severability. If any section, subsection, sentence, clause, phrase, or portion of this ordinance, or the application thereof, to any person, firm, corporation or circum- stance, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The Council of the City of Seal Beach hereby decaares that it would have adopted this ordinance and each sec- tion, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that anyone or more sections, sub-sections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. I I I "'~ . " Ordi~nce.Number " Co .1.....".. Section 15. The City Clerk shall certify to the passage and adoption of this ordinance and shall cause the same to be posted according to law. ATTEST: r;(Ad{!/ y,tA'~ CJ. Cler STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF SEAL BEACH ) v~ I, ITerdys weir, City Clerk of the City of Seal Beach, do hereby certify to the passage and adoption of the foregoing ordinance of the ~~y Council at a meeting thereof held on the /~~ day of ~"'9_~ .t.-<.../ , 1968, by the following vote: AYES: councilmeL"',,,............ a1~A' k; cd...-~... .~L - NOES: Councilmen ~47~ ABSENT: Councilmen ~~-" ~~-Ah4 CV~~A , Clerk' K OF THE CITY OF SEAL I, JERDYS WEIR, CITY CLERFY THAT THE FOREGOING HER"LlY CERTt . 7..-7 J BEACH, DO ~ 'O"O"'ANCE NO, ..(.L. -,." omr:tt,AI. " ..' ORDINANCE IS 1.',,0 " ' PUIl"UANT TO ORO. ......,......... AND VIAS F~~ Of>.; OF2#~..,,19t f INAN~672 ,ON T~H ~ . CllY. CLE~ .., AL~ ..Jt,....I".d~~-L , ~.!!'"-...-._--- I....~".,W:! - .-