Note: Prior history: Prior code §§ 76, 7711.1—7711.4, 7711.6—7711.7, and 7711-11 and Ords. 67, 164, 354, 714, 767, 98-928, 98-927 and amended during 1991 republication.
The City Manager may delegate authority for the enforcement of the provisions of this chapter to a life-guard or law enforcement officer of the City. It is unlawful for any person, without lawful authority, to:
A. 
Refuse to follow or comply with any lawful order, signal or lawful direction of a lifeguard or law enforcement officer of the City; or
B. 
Deface, injure, tear down or remove any sign or warning placed for the purpose of enforcing the provisions of the chapter; or
C. 
Deface, injure, destroy, tear down, break into, or climb or hang onto any lifeguard structure or building placed in the beach areas of the City; or
D. 
Willfully resist, delay or obstruct any lifeguard in the discharge or attempt to discharge any duty of his or her position; or
E. 
Block access to any lifeguard structure or building placed in the beach areas of the City; or
F. 
Cause a false rescue or call for help when it is not needed, or to cause a lifeguard to enter the water upon a false rescue, or to leave his or her tower or to have his or her attention drawn to a false alarm; or
G. 
Willfully use a mirror, glass, or any similar object to cause the sun to reflect thereon so as to interfere with the vision of any lifeguard.
(Ord. 2003-1005 § 1)
It is unlawful for any person, firm or corporation to leave, discard, deposit or throw any glass container, tin can, waste, food, dead terrestrial or marine animal, papers or other refuse or rubbish upon any beach area in the City.
(Ord. 2003-1005 § 1)
All waste materials shall be deposited in trash cans provided for that purpose. It is unlawful for any person, firm or corporation to move, molest, turn over, remove, deface or tear down any trash can or receptacle placed in the beach area of the City.
(Ord. 2003-1005 § 1)
Fires on the beach in the City shall be permitted only in fire rings that are provided by the City. Upon being extinguished, the ashes shall not be covered, and the unburned waste, refuse or rubbish is to be removed or placed in trash cans provided for that purpose, so that the beach is left in a clean, sanitary and presentable condition.
(Ord. 2003-1005 § 1)
It is unlawful for any person or persons to start, assist or attend any fire on the beach in the City unless such fire is contained in the fire ring provided by the City.
(Ord. 2003-1005 § 1)
It is unlawful for any person to bathe, swim, surfboard ride, row, canoe, and/or operate any sailboat or power boat or other device on or upon water when warning signals have been placed, except for the purpose of making a rescue.
(Ord. 2003-1005 § 1)
A. 
It is unlawful to dig, or cause to be dug, any hole in the sand exceeding a depth of two feet. Any person who digs, or causes to be dug, any hole upon the beach which could be dangerous to public safety shall fill the hole before leaving the beach area.
B. 
It is unlawful for any person to remove, or cause to be removed, from the beach any sand without the written permission of the City Manager.
C. 
Special events demonstrating sandcastle building and competitions, which may include digging and removal of sand, may be permitted on a special event basis, subject to City Manager approval.
(Ord. 2003-1005 § 1)
A. 
It is unlawful for any person to carry a bow and arrow, fishing spear, fishing spear gun, or similar underwater fishing device in his or her possession in a drawn, cocked or armed position on the beach. A bow, spear gun or similar instrument shall be deemed drawn, cocked or armed unless it is in a harmless condition and incapable of projecting arrows, spears, barbs, or prongs.
B. 
It is unlawful for any person to use any bow and arrow, fishing spear or fishing spear gun within 1,000 feet of the shoreline.
C. 
It is unlawful for any person to project arrows, spears or similar instruments into the water in such a manner as to create a hazard to any other person.
D. 
Special events demonstrating or including bow and arrow fishing may be permitted on a special event basis, subject to City Manager approval.
(Ord. 2003-1005 § 1)
A. 
It is unlawful for any person to launch or ride kiteboards between Palm Avenue and Imperial Beach Boulevard from June 1st to September 1st unless they are at least 1,000 feet from the shore.
B. 
It is unlawful to ride a kiteboard within 200 feet of any person, swimmer, wader, surfer, boat, watercraft, the Imperial Beach Municipal Pier, or the Palm Avenue Rock Jetty.
C. 
Lifeguards are authorized at any time to prohibit launching or riding kiteboards when in the judgment of the lifeguard, there exists a hazardous condition which poses a danger to public health or safety.
D. 
Any person with a grounded kite that is not in use must keep all gear and lines at least 25 feet from the water's edge for emergency vehicle access.
E. 
"Kiteboarding" is defined as the use of any wind driven kite to generate propulsion that propels a person on land with a board that has wheels attached, or over water with a small surfboard or wakeboard, and is controlled by a series of lines from the kite to the control handles or bar.
(Ord. 2003-1005 § 1)
A. 
It is unlawful for any person, firm or corporation to camp, lodge, sleep or tarry between sunset and 7:00 a.m. upon any beach in the City except in areas designated for that purpose and where public facilities are available, or when specifically authorized by the City Manager.
B. 
It is unlawful for any person to store personal property upon any beach, including camp facilities and camp paraphernalia, between sunset and 7:00 a.m.
(Ord. 2003-1005 § 1; Ord. 2019-1182 § 3)
A. 
It is unlawful to engage in any organized activity on a beach within the City unless:
1. 
The area is specifically designated by posted signs for organized activity without the requirement of a permit; or
2. 
The person or group has obtained a permit for such organized activity from the City Manager, or designee.
B. 
"Organized" as used in this section means regularly scheduled or regularly recurring; involving 15 or more participants; scheduled, publicized, or promoted in advance; conducted or directed by an individual, group of individuals, or an organization; instructional or directional in nature; or participants wearing uniforms, vests, or other clothing and/or equipment that clearly designates opposing teams.
C. 
Any person or group desiring to make reservations for such organized beach use must complete a permit application or special event application, as applicable, and pay the required fee(s) to the City in advance of such organized use.
D. 
Any persons engaging in organized activity without a use permit authorizing them to do so will not be permitted to install items into or on the beach, or to use equipment that may result in damage to the beach, including, but not limited to, goals or workout equipment. If evidence of damage to the beach exists, the person with a use permit or special event permit will be required to cease use of any installed or used equipment.
(Ord. 2023-1238, 11/15/2023)
Except as provided below, it is unlawful for any person, firm or corporation to bring, leave, turn loose, ride, accompany or allow any animal, including, but not limited to, mammals, reptiles, and birds, in or upon the beach area of the City.
A. 
Dogs are allowed in the beach area of the City if they are fastened or led by chains or leashes of suitable strength which are not more than six feet in length, and as long as the dogs are not in any beach area from Imperial Beach Boulevard to Palm Avenue.
B. 
Service animals, usually dogs, that have been specially trained to help people with a disability, are allowed in the beach areas if the service animals are being used for such purposes.
C. 
Official law enforcement dogs or other animals that are under the control of law enforcement officers on official duty are allowed in the beach areas.
(Ord. 2003-1005 § 1)
A. 
It is unlawful to bring or drive any motor-propelled or nonmotor-propelled vehicle, boat or airplane upon the beach area within the City. "Boat" is defined as any small noncommercial vessel used or capable of being used as a means of transportation on water, carrying six or fewer passengers. "Airplanes" are defined as, but not limited to, commercial, noncommercial, ultralite and all other motorized and nonmotorized aircraft of any type. This section shall not apply in the following circumstances:
1. 
Emergency response vehicles and other authorized vehicles in the course of official business may drive upon the beach areas at a speed not exceeding 10 miles per hour unless responding to an emergency;
2. 
Any physically handicapped persons using motorized wheel chairs may drive upon the beach areas at a speed not exceeding five miles per hour;
3. 
Any airplane or boat may only land upon the beach areas due to an emergency where life, limb or property is endangered;
4. 
Any undocumented paddle surfboat such as a kayak, wave ski, raft and canoe or similar device may launch from the beach, but must stay at least 150 feet away from any other swimmer, surfer, wader, pier or rock jetty so as not to create a hazard which may endanger the life, limb or property of another person;
5. 
Surfboats may enter the beach area at Palm Avenue street end after receiving authorization and direction by the lifeguard that conditions are reasonably proper for the purpose of launching. Access over the sand and through the surf at any other place is prohibited.
B. 
The term "surfboat" includes both "personal watercraft" and "small motorized soft/hard hull inflatable boats." A "personal watercraft" refers to a vessel, less than 16 feet in length, which uses an inboard, internal combustion engine powering a water jet pump as its primary source of propulsion. The vessel is intended to be operated by a person or persons sitting, standing or kneeling on the vessel, rather than within the confines of the hull. These crafts are often designed for high-speed use and maneuverability. A "small motorized soft/hard hull inflatable boat" refers to a self-bailing vessel, less than 16 feet in length that is propelled by an out-board combustion engine with a propeller guard or cage attached, or water jet pump. The engine must be at least 75% of the maximum transom boat manufacturer motor rating.
C. 
A surfboat operator shall have a City sponsored "Imperial Beach Boating Safety and Beach Launching Clinic" permit or certificate of completion in his or her possession before being authorized to launch a surfboat.
D. 
The launching area may be no more than 50 feet on either the north or south side of the Palm Avenue groin or jetty. The safest launching area shall be determined by the lifeguard service based on the current conditions.
E. 
Lifeguards shall clear swimmers from the designated launch area prior to approving each launching or recovery activity.
F. 
All surfboats are prohibited from operating within the surf zone or at least 1,000 feet from the shoreline, whichever is furthest, between the northerly City limits, which begin at Carnation Avenue and extend to the southernmost end of Seacoast Drive. "Surf zone" as used in this section, means the area between the wet sand on the beach westward to the point at which waves begin to break.
1. 
This section shall not apply to surfboats that have gained prior approval to launch by lifeguards and are only allowed to operate within the surf zone in the designated launching area as determined by lifeguards.
G. 
Trailers used for the purpose of launching a surf-boat may be hand-pushed across the beach, but in no event shall they be towed or pushed across the beach by any motor vehicle.
H. 
Violation of any associated City of Imperial Beach or California boating laws or regulations in regards to this surfboat launching privilege could result in the withdrawal of the operator's City issued surfboat launching permit in addition to other penalties listed under this code.
(Ord. 2004-1015 § 1)
It is unlawful for any person to have, possess or use any cup, tumbler, jar or container made of glass and used for carrying or containing any liquid for drinking or any other purpose upon any beach or adjacent sidewalk area, on the municipal pier or in the municipal pier parking lot in the City.
(Ord. 2003-1005 § 1)
It is unlawful for any person to surf using a surfboard in any of the beach areas in the City designated as a "swimmers-only area." Swimmers-only areas shall be designated by displaying signal flags. The signal flags consist of a solid black circle in the center that is one foot in diameter on a yellow background with dimensions of two feet by two feet, commonly known as the "black ball" flag. When the black ball flags are displayed on the beach, they signify that it is a swimmers-only area, and surfing is prohibited within the boundaries established between the two flags.
(Ord. 2003-1005 § 1)
Any lifeguard, or other City employee designated by the City Manager to enforce surfing regulations may prohibit surfing with a surfboard, paddleboard or other similar device at any time that such activity becomes hazardous as a result of a storm, congestion of people, or other conditions which endanger the safety of persons participating in surfing or other persons using the beach. It is unlawful for any person to fail, refuse, or neglect to stop surfing activities or to leave the water when ordered to do so by any City employee mentioned above.
(Ord. 2003-1005 § 1)
The City Manager, or any marine safety personnel officer, lifeguard, or other authorized agent shall have the authority to close any beach, harbor, or ocean waters of the Pacific Ocean in order to protect the public health, safety, and welfare. Such closure shall be effective when notice of closure is given through any of the following methods:
A. 
Signs stating that the beach is closed or that swimming is prohibited, or depicting a swimmer and a red circle with a slash through the circle, or otherwise advising of closure;
B. 
Public address announcements;
C. 
Oral or written notice from the City Manager, any marine safety officer, lifeguard, or other authorized agent; or
D. 
Any other device or announcement reasonably communicating such closure.
It is unlawful for any person to enter, remain in, or fail or refuse to leave a closed area of beach, harbor, or ocean waters while such restriction is in effect.
(Ord. 2003-1005 § 1)
It is unlawful to surf-fish or cast fishing lines within 150 feet of any swimmer or surfer. "Surf-fishing" is a form of shore bound angling which is conducted from the beach or surfline using fishing rods with bait or artificial lures attached by a fishing line.
(Ord. 2003-1005 § 1)
A. 
It is unlawful for any person to erect, maintain, use, or occupy any tent, lodge, shelter, or structure on any beach area, unless the tent, lodge, shelter, or structure has two sides open and there is an unobstructed view of the interior from the outside on at least two sides, or between sunset and 7:00 a.m.;
B. 
It is unlawful for any person to erect upon any beach area a canopy, screen, beach cabana, or sun shade in excess of 100 square feet in size or without at least two sides completely open to public view, or between sunset and 7:00 a.m.;
C. 
It is unlawful for any person to place, erect or set any equipment, such as a canopy, umbrella, wall or any other object on any beach area in this City which may unreasonably obstruct or impede the view or access of:
1. 
Public safety personnel at any time; or
2. 
Any member of the public during events issued a City special events permit.
(Ord. 2019-1182 § 4)