(a)
The police power to promote the public peace, morals, health, safety
and general welfare authorizes the city of Laguna Beach to regulate
the use of public property consisting of the beach and parks and to
impose reasonable restrictions on the time, place and manner of beach
and park use. In accordance with this authority, the city intends
to impose reasonable requirements on the use of the beach and parks
to maintain and maximize: (1) the natural beauty and aesthetic attractiveness
of beach and park areas; (2) the guarantees of freedom of speech and
association contained in the Constitutions of the United States and
the state of California; (3) the availability of limited beach and
park areas for diverse uses; and (4) public safety, including, without
limitation, the free flow of pedestrian and vehicle traffic in and
around beach and park areas.
(b)
In accordance with its legal authority and intent to protect the
public peace, morals, health, safety and general welfare and public
property, the city requires permits for certain activities. The city
requires such permits for the purposes of: (1) accommodating and coordinating
activities planned by different individuals and groups so that as
many people as possible can use and enjoy the natural and existing
beach and park environment at the same time; (2) learning about the
proposed activity to minimize or prevent inconvenience or harm to
the public and public property or visual blight and degradation of
beach and park areas; (3) requiring appropriate insurance or other
measures to relieve the city of liability and reduce unnecessary exposure
of the city to personal injury or property damage claims or suits
from harm that can occur from the use of, including the use of private
structures on, public property; and (4) ensuring that facilities most
suited for the proposed activity are used without unnecessarily restricting
the rights of free expression or assembly guaranteed by the Constitutions
of the United States and the state of California. This title is not
intended to in any way discriminate against, regulate or interfere
with the rights or content of constitutionally protected freedom of
expression or association.
(Ord. 1467 § 1, 2007)
For the purpose of this chapter, certain words and terms are
defined as follows:
"Garbage" is all animal and vegetable refuse, all vegetable
and fruit trimmings, all other refuse that shall have been prepared
for, or intended to be used as food, or shall have resulted from the
preparation of food, and shall also include coffee grounds, eggshells,
and all other food refuse.
"Trash" means and includes rubbish, newspapers, magazines, all
discarded paper and wrappings, tin cans, glass containers, broken
glass, boxes, discarded clothing, dead animals or fish, ashes, waste
wood, or any other waste material.
(Ord. 266 § 5; 1953 Code §§ 7000—7002)
(a)
Except as expressly provided by this code, no person shall sell,
offer to sell, or display for sale, or rent, offer to rent, or display
for rent, goods, wares, merchandise, foodstuffs, refreshments or other
kinds of property or services in any beach or park.
(b)
The provisions of this section shall not apply to the sale, display
for sale, or offer in exchange for a donation, conducted without the
use of stands or other temporary or permanent structures, of: (1)
newspapers, periodicals, pamphlets, or other written materials; or
(2) constitutionally protected expressive merchandise bearing political,
religious, philosophical, social, or ideological messages and seeking
support for particular causes or support for particular views on economic,
political, religious, philosophical, social or ideological issues,
without regard to the viewpoint, subject matter, or content contained
on or expressed by such newspapers, periodicals, pamphlets, other
written materials, or expressive merchandise, or the identity or associational
affiliation of any individual or organization offering such materials
or merchandise.
(Ord. 1467 § 2, 2007)
No person shall in any manner while on city property, including
beaches and parks, sell any product or service or engage in any other
business or commercial activity without obtaining a business license
and the prior written approval of the city manager, or duly authorized
representative; provided, however, that this section does not apply
to any concession operated under authority granted by the city council,
nor to any other activity specifically authorized, regulated, or exempted
by order or resolution of the city council.
For purposes of this section, the word "business" means and
includes "business," "profession," "trade," "calling," "occupation,"
"show," "exhibition" or "game," and all and every kind of calling
carried on for profit or livelihood whether or not a profit or livelihood
is actually earned thereby and whether or not said business has a
fixed place of business in the city.
(Ord. 1676 § 1, 2022)
(a)
No person shall install, erect or maintain any canopy, awning, umbrella,
tent or cover over six feet in height or wider than six feet square
on or in any public beach, park, street, alley or passageway. Any
canopy, awning, umbrella, tent or cover installed, erected or maintained
on or in any public beach, park, street, alley or passageway shall
have no more than one side closed to public view.
(b)
The shade covering or group of shade coverings shall not interfere
with a lifeguard's ability to see the water or adjacent lifeguard
towers and any shade covering or group of shade coverings shall be
relocated at the request of a lifeguard, law enforcement officer,
or other authorized personnel.
(c)
The shade covering or group of shade coverings shall not obstruct
any emergency or public access or be located within twenty feet of
any emergency or public access.
(d)
To allow for reasonable ingress and egress on any beach, shade coverings
or groups of shade coverings, configured to comply with the maximum
size restriction, shall maintain a separation of at least five feet
from other shade coverings or groups of shade coverings.
(Ord. 266 § 1; 1953 Code § 7001; Ord. 605 § 1; Ord. 1369 § 3,
2000; Ord. 1495 § 1, 2009; Ord. 1660 § 3, 2021)
(a)
Purpose and Intent. The public bluffs and vegetation constitute aesthetically
pleasing and sensitive features and resources, provide stability to
land formations, and mitigate erosion, among other public benefits.
They are not intended or designed to be traversed by the public, used
for the disposal of refuse, used for the storage of personal property,
or used for other activities that can result in damage to or destruction
of such areas, with associated adverse visual and/or functional impacts
as well as substantial public expense to maintain, repair or replace.
Stairs, designated trails, sidewalks, and marked pathways exist to
allow the public to move through public areas.
(b)
Protection of Bluffs and Vegetation in Public Areas. No person shall
remove, destroy, damage, traverse over or through, lie on or within,
or affix or attach any ropes, wires, cords, stakes, poles, hooks or
similar objects to, or store, place or discard personal property or
refuse on or within any public bluff or any vegetation planted in
any public parks or beaches, including, but not limited to, open space
areas and planters. For purposes of this section, "vegetation" means
any and all types of trees, plants, bushes, hedges and shrubs, but
not including grass. No person shall be cited under this section unless
he or she has first been notified by a police officer or public officer
that he or she is in violation of the prohibition in this section
and thereafter continues the violation.
(Ord. 1512 § 1, 2009)
No person shall park an automobile upon any beach, park, public
street, alley or passageway unless full view of the interior thereof
can be had at all times.
(Ord. 266 § 2; 1953 Code § 7002)
(a)
No person shall affix or attach any ropes, wires, cords, stakes,
poles, hooks or similar objects to any public buildings or structures
in any public parks or beaches, including, but not limited to, lifeguard
towers, restrooms, administrative offices, boardwalks, flag poles,
public artwork, drinking fountains, barbeques, picnic stoves, fences,
walls, railings, benches, tables and trash receptacles, without the
advance written consent of the city manager or designee. No person
shall be cited under this section unless he or she has first been
notified by a police officer or public officer that he or she is in
violation of the prohibition in this section and thereafter continues
the violation.
(b)
No person shall store personal property in or on any public parks
and beaches as follows: (1) on or upon any stairs, designated trails,
sidewalks, marked pathways or boardwalks; (2) within twenty feet of
any restroom; (3) within fifteen feet of any lifeguard towers or administrative
offices; (4) within fifteen feet of the oceanward side of the Main
Beach boardwalk, beneath or under such boardwalk, or any place where
such boardwalk abuts the sand; or (5) during the period from one-half
hour after sunset to six a.m. of the following day. No person shall
be cited under this section unless he or she has first been notified
by a police officer or public officer that he or she is in violation
of the prohibition in this section and thereafter continues the violation.
(c)
No person shall place or store any of the following items of personal
property in or on any public parks and beaches: hammocks, cots, beds,
sleeping bags, mattresses, luggage or portable cooking devices. No
person shall be cited under this section unless he or she has first
been notified by a police officer or public officer that he or she
is in violation of the prohibition in this section and thereafter
continues the violation.
(d)
For purposes of this section, "store" means to put aside or accumulate
for use when needed, to put for safekeeping, to place or to leave
in a location.
(Ord. 1512 § 2, 2009)
No person shall undress or dress in any automobile upon any
beach, park, street, alley, or passageway within the city.
(Ord. 266 § 3; 1953 Code § 7003)
No person shall delay, linger, or idle about in the restroom
of any city parks and beaches or in the approaches or walks adjacent
to any restroom without lawful purpose for being present related to
the use of such restroom, and for the purpose or having the effect
of preventing, inhibiting or impairing the intended use of the restroom.
No person shall be cited under this section unless he or she has first
been notified by a police officer or public officer that he or she
is in violation of the prohibition in this section and thereafter
continues the violation.
(Ord. 1512 § 3, 2009)
No person shall leave, scatter, throw, or discard any trash
or garbage, as the same are hereinafter defined, upon any beach, park,
public street, alley, or passageway within the city, except as hereinafter
provided.
(Ord. 266 § 4; 1953 Code § 7004)
Any person who willfully delays or obstructs any city employee
in the performance of his or her duties in any city parks and beaches,
or who by his or her conduct, or by threatening language, unreasonably
annoys or unreasonably interferes with the use of any city parks and
beaches by any other person, shall leave the park or beach upon request
made by any police officer or other public officer authorized by the
city, after a warning has not resulted in cessation of the conduct
prohibited by this section.
(Ord. 1512 § 4, 2009)
It shall be the duty of every person having in his possession,
charge or control, any garbage or trash, as herein in this chapter
defined, upon any beach, park, public street, alley, or passageway,
either to place said garbage and trash in public garbage and trash
containers located on or in said beaches, parks, public streets, alleys
or passageways, if such containers are available, or to take said
garbage and trash with him or her when he or she leaves said beach,
park, public street, alley or passageway within the city.
(Ord. 266 § 6; 1953 Code § 7005)
(a)
Barbeques and Picnic Stoves. No person shall build, set, kindle,
make, or maintain a fire (using solid fuel) in any public park or
beach that is used or intended to be used for cooking or heating-related
food purposes except in city-designated barbeques and picnic stoves
provided for such purposes.
(b)
Fire Pits.
(1)
Fire pits within the city's local coastal program jurisdiction
are prohibited unless used as permitted herein.
(A)
No person shall burn, ignite, or otherwise set
on fire any material in a fire pit unless the person is burning natural
wood, fire log(s), or charcoal (collectively, "fuel") in a fire pit
that has been specifically designated and operated in a manner that
has been authorized by resolution of the city council. Except as expressly
authorized in this section, open beach fires that burn, ignite, or
otherwise set on fire any fuel outside of city-designated fire pits
are prohibited at all beaches within the city's local coastal
program jurisdiction.
(B)
The following terms shall be defined as follows:
(i)
"Natural wood" means the hard fibrous substance
consisting basically of xylem that makes up the greater part of the
stems, branches, and roots of trees and shall not include any material
that has been processed or treated including, but not limited to,
wooden pallets, books, newspapers, furniture, or construction materials.
(ii)
"Fire log" means any manufactured log constructed
of sawdust; sawdust and paraffin; or waste fiber from the oil palm.
(iii)
"Charcoal" means a carbon substance obtained
as a residue when wood or other organic matter is heated in the absence
of air.
(c)
Portable solid fuel burning fire pits are strictly prohibited on public property including parks and beaches. Portable propane fire pits are only allowed as specifically authorized in Paragraph 10 of Subsection 307.2 of Section 15.01.030 of this code.
(1)
Use of city-designated fire must comply with the following requirements:
(A)
A responsible person, at least eighteen years of age, must remain
within twenty-five feet of the city-designated fire pit while the
fire is burning.
(B)
Fire may not exceed a height of more than twelve
inches above the upper edge of the city-designated fire pit.
(C)
Only fuel may be burned in a fire pit. No fuel
may be buried in the sand after burning such fuel in a fire pit.
(D)
All used natural wood, fire log(s), and charcoal
shall remain in the fire pit; only designated city officials shall
remove any natural wood, fire log(s), or charcoal and shall deposit
them in hot coal receptacles on the beach or transport them off the
beach to be deposited in hot coal receptacles.
(E)
No person shall burn trash or debris in a fire
pit.
(F)
City-designated fire pits are available on a first-come,
first-served basis.
(G)
Location and use of fire pits must comply with
South Coast Air Quality Management District Rules 444 and 445.
(H)
Access to fire pits must comply with the Americans
with Disabilities Act.
(I)
No fire shall be built, set, kindled, made, or
maintained during the period of one hour before the closing time of
the beach to six a.m. of the following day. Fires must be extinguished
with water. Covering the fire with sand is prohibited.
(Ord. 1512 § 5, 2009; Ord. 1699, 5/28/2024)
It is unlawful for any person, firm or corporation to place,
dump, deposit, or otherwise cause to be deposited, any foreign substance
or material, including, but not limited to, dirt, wood, trees, roots,
shrubs, plants, sand, brick, rock, gravel, masonry or plaster, in
or on public beaches or tidelands within the city limits, or to place,
dump, deposit, or otherwise cause to be deposited, any such foreign
substance or material anywhere within the city limits in such a way
that it is reasonable to expect that the normal action of the elements
or tides or winds will cause such materials to become deposited in
or on said tidelands.
(Ord. 493 § 1, 1962)
No person shall have, possess or use any article made of glass
as a container upon any city beach.
(Ord. 995 § 1, 1981)
The prohibitions, regulations and restrictions in this chapter contained, relative to the disposal of garbage and trash, shall not apply to the disposal of garbage and trash as defined, regulated and provided by Chapter 7.16 of this code.
(Ord. 266 § 7; 1953 Code § 7006)
No person shall dig or cause the digging of 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 shall fill the hole before leaving
the hole unattended.
(Ord. 1369 § 2, 2000)
No person shall remove or cause to be removed from any beach
any sand without written permission from the marine safety chief or
municipal services director.
(Ord. 1369 § 2, 2000)
No person shall engage in any activities or conduct or participate
in any sports or games that constitute a hazard to any person, including,
but not limited to, sand throwing, or the use of a hard ball, softball,
bat, football, paddleball, Frisbee, boomerang or other athletic apparatus
or game equipment or object.
(Ord. 1369 § 2, 2000)
Each person fishing from the public beach shall at all times
have due regard for the safety of persons on the beach or in the water,
to include overhead casting or fishing line too close to swimmers,
when bathers, swimmers or beach patrons are present. The supervising
lifeguard on duty has the authority to prohibit, restrict or otherwise
regulate fishing in the interest of public health, safety and welfare.
(Ord. 1369 § 2, 2000)
No person shall willfully resist, delay, interfere or disobey
any lifeguard in the discharge or attempt to discharge any duty of
his or her position.
(Ord. 1369 § 2, 2000)
(a)
No person shall place or store any bicycles, whether motorized or
not, on any portion of Main Beach, the Main Beach Boardwalk, or Heisler
Park, except in city-designated storage locations.
(b)
For purposes of this section, "store" means to put aside or accumulate
for use when needed, to put for safekeeping, to place or to leave
in a location.
(Ord. 1660 § 4, 2021)
No person shall dive or jump into any body of water in park,
beach or any recreational area from any rock or precipice other than
at those places designated and posted for diving or jumping by the
city manager, marine safety chief or police chief or their authorized
designees, or any other officer or employee designated by the city
council.
(Ord. 1684 § 3, 2023)
No person shall play or practice the game of golf, including
chipping, putting, driving or any other type of play or practice,
which includes the hitting of a golf ball or similar type ball with
a golf or similar type club in any city park, beach, or city-owned
open space area.
(Ord. 1676 § 2, 2022)
To the maximum extent permitted by law, no person shall land,
release, take off in, or launch any ultralight vehicle or balloon,
as defined by 14 CFR Sections 101.1 and 103.1, including ultralight
vehicles commonly known as a hang glider, paragliding device, or parasail,
from any city-owned land.
(Ord. 1676 § 3, 2022)
