Note: Prior history: Ords. 714, 767 and 98-927, and amended
during 1991 republication.
The City Manager may delegate authority for the enforcement
of the provisions of this chapter to a lifeguard, park ranger, code
enforcement officer, 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, park ranger, code enforcement officer, 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.
Willfully
resist, delay or obstruct any lifeguard, park ranger, code enforcement
officer, in the discharge or attempt to discharge any duty of his
or her position.
(Ord. 2003-1005 § 3; Ord. 2022-1214 § 7)
It is unlawful for any person, firm or corporation to do or
cause to be done any of the following acts upon the public fishing
pier in the City:
A.
To
operate a bicycle, skateboard, roller skates or to ride a bicycle
or other vehicle on the deck of the pier;
B.
To
ride or drive any automobile, horse or other vehicle or animal on
the pier unless authorized to do so by the City Council and a permit
is obtained therefor;
C.
To
dive, jump or enter the water from the pier or to push, shove or cause
any person to fall, dive or jump from the pier; provided, however,
that this section shall not apply to regularly employed lifeguard
personnel of the City engaged in lifeguard training or in emergency
jumps from the pier for the purpose of saving or attempting to save
lives or property;
D.
To
possess, bring onto or have a surfboard on the deck, rail or any portion
of the pier;
E.
To
be or remain upon the landing stage of the pier, except for the purpose
of going to or from boats alongside the pier;
F.
To
cast any fishing line or pole using above-rail casting or allow any
lure, hook, or weight to pass inboard of the pier railing while casting;
G.
To
clean or cut up fish thereon, except at places provided for that purpose;
H.
To
bring clamshells, kelp, fish, papers or other debris on the pier,
unless every person bringing the same or any thereof upon the pier
keeps the same in a receptacle and removes the same upon leaving the
pier;
I.
To
write or mark upon, break or otherwise deface the pier or any part
thereof or any of the buildings, structures, posts, standards, seats,
tables or other equipment or other things constructed or placed thereon
or thereunder;
J.
To
litter by throwing fish, fish matter, bait, kelp or other material
on the pier or any part thereof or any of the buildings, structures,
posts, standards, seats, tables or other equipment or other things
constructed or placed thereon or thereunder;
K.
To
break, destroy, demolish, deface or in any manner tamper with any
electric bulbs, light globes, light posts, light standards, lights,
wiring, switchboards, switches or other things constructed or used
in connection with the lighting of the pier;
L.
For
any person to fish by means of more than two poles in use by that
person off the pier at the same time. For the purpose of this chapter,
fishing by means of a drop line or cord shall be construed and means
the same as fishing by means of a pole;
M.
To
bring onto or have in possession on the pier any bow and arrow, fishing
spear, fishing spear gun, or similar underwater fishing device;
N.
To
cast in the water adjacent to the pier or on the pier, a fishing line,
lobster trap, crab trap, any mussel hook, or any other such device
in such a manner as to create a hazard to any other person;
O.
To
sit, walk, climb, or balance on or across the rails of the pier or
to cause another person to climb on or across the rails of the pier;
provided, however, that this section shall not apply to regularly
employed lifeguard personnel of the City engaged in lifeguard training
or in emergency jumps from the pier for the purpose of saving or attempting
to save lives or property;
P.
Deface,
injure, destroy, tear down, break into, climb or hang onto any structure
or building placed on the public fishing pier, pier plaza or pier
parking lot areas of the City;
Q.
Set
up or cast a fishing line in areas on the pier that have been closed
to fishing;
R.
Sleep,
camp, lodge, or erect, maintain, use, or occupy any tent, lodge, shelter,
canopy, or structure on the public pier;
S.
Store
personal property, including camp facilities and camp paraphernalia
on the pier; and
(Ord. 2003-1005 § 3; Ord. 2019-1182 § 5; Ord. 2022-1214 § 8)
A.
Swimming,
wading, surfing, skin diving or using self-contained underwater breathing
apparatus shall be prohibited at all times under and within 20 feet
of all sides of the pier.
B.
A warning
shall be posted that swimming, wading, surfing, skin diving or using
self-contained under-water breathing apparatus may be hazardous within
150 feet of the pier when lifeguards not on duty.
C.
Additionally,
the City Manager or designee is authorized at any time to prohibit
swimming, wading, surfing, skin diving, or the use of self-contained
underwater breathing apparatus between 20 feet and 300 feet of all
sides of the pier when in the judgment of the City Manager or designee
there exists a hazardous condition which poses a danger to public
health or safety. The City Manager or designee shall give notice of
the time during which these activities are restricted within 20 feet
and 300 feet of the pier by prominently displaying a sign, signal,
flag or other appropriate warning device from a lifeguard tower, station,
pier, pole or similar structure.
(Ord. 2003-1005 § 3)
The speed limit of all vehicles traveling on the pier shall
be five miles per hour. The owner of any vehicle permitted on the
pier or pier plaza shall be liable for any damage to the pier or pier
plaza caused by the vehicle.
(Ord. 2003-1005 § 3)
The City Manager may establish time periods during which vendors
or their agents shall not make deliveries by vehicle to concessions
on the pier.
(Ord. 2003-1005 § 3)
It is unlawful to deface or write on the walls or break glass
in any public restroom on or adjacent to the public fishing pier.
(Ord. 2003-1005 § 3)
The City Manager or designated representative is authorized
to close or limit access to the municipal pier if there exists a dangerous
or hazardous condition which poses an imminent danger to public health
or safety. It is unlawful for any person to refuse or fail to leave
the closed areas.
(Ord. 2003-1005 § 3)
Fishing or trapping of sea life for commercial purposes on the
public fishing pier is prohibited.
(Ord. 2003-1005 § 3)
It is unlawful to remove mussels, clams, barnacles or other
sea life from the pier piling with grab hooks or other objects which
might cause injury to the piling.
(Ord. 2003-1005 § 3)
It is unlawful for any person to surf-fish or otherwise cast
fishing lines from the shore within 300 feet of either side of the
public fishing pier.
(Ord. 2003-1005 § 3)
The public fishing pier shall be open to the public 24 hours a day, every day, subject to Section 12.68.035 of this chapter. Persons accessing the pier can traverse through pier plaza any time for the purpose of using the public fishing pier.
(Ord. 2003-1005 § 3; Ord. 2005-1021 § 1; Ord. 2022-1214 § 10)
A.
In
the event of a violation, every effort shall be made by the citing
officer to identify the offender. If identification cannot be made,
the citing officer shall take possession of the skateboard, bicycle
etc., until it is determined proper identification has been made.
(Ord. 2003-1005 § 3)
