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
T. 
Violate any of the provisions of Section 6.04.065 of this code.
(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)
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)
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.
B. 
Violations of this chapter are punishable as provided in Chapter 1.12.
(Ord. 2003-1005 § 3)