For the purpose of this chapter, parks shall include all dedicated parks, parks established by adverse uses, planted areas open to the general public, parks on leased property, trails open to the general public, planted parkways, triangles, and traffic circles maintained by the city, except parkway strips between curb and sidewalk or behind curb, along the several streets and highways of the city.
(Ord. 3222 § 2, 1987; Ord. NS-894 § 1, 2008)
"Vend" or "vending"
means an offer to sell or the sale of goods, merchandise, services, food or beverages on a public street, alley, highway, parking lot, sidewalk, pedestrian path or right-of-way.
Whenever the words "park" and "vehicle" are used in this chapter, they shall have the meaning ascribed to them in Chapter 10.04 of this code.
(Ord. CS-022, 2009; Ord. CS-473, 8/20/2024)
For the purpose of this chapter, beaches shall include all beach areas bordering the Pacific Ocean, the Batiquitos Lagoon, the Buena Vista Lagoon and the Agua Hedionda Lagoon.
(Ord. 3222 § 2, 1987)
It is unlawful for any person to do any of the following mentioned acts in or upon any park or beach within the city:
1. 
To dump or deposit any trash, refuse, rubbish, litter, or other kind of waste materials, except in approved containers specifically placed and designated to receive such waste materials;
2. 
To start or maintain any fire, except in such areas as are specifically designated by the City Manager for such fires, including stoves, barbecue pits, fire rings and the like;
3. 
To commit any act of vandalism, including the damaging or destroying of trees or their leaves, limbs or branches, bushes, shrubbery, equipment, signs, buildings or rooms, or to tear down or to deface the same, or to pick any crops, fruit or flowers in any portion of such public park or beach;
4. 
To bring into or use any firearms or air or gas or spring-propelled guns, sling shots, bows and arrows, except that bows and arrows may be permitted in such portions of public parks or beaches which are specifically designated by the City Manager for archery or other projectile-throwing devices;
5. 
To discharge or set off firecrackers, torpedoes, rockets or other fireworks except where a special event permit has been granted pursuant to Chapter 8.17;
6. 
To stable, pasture or keep animals or insects;
7. 
To bring into a public park or beach any cattle, horse, mule, goat, sheep, swine, cat, other animal, fowl or reptile of any kind except as hereafter specifically provided or as otherwise permitted by the City Manager or designee or with a valid special event permit or park and facility use permit;
8. 
To enter any portion of a public park or beach in the city, or buildings or portions thereof in such public parks and beaches which are posted with signs stating "no entry," "keep out," "no trespassing," "closed area" or other prohibition of entry;
9. 
To enter any portion of or be in a public park or beach in the city at a time of the day, or on a day of the week, when such entry is prohibited by a clearly legible sign posted at each entrance to such public park or beach. The City Manager is given authority to post such signs;
10. 
To park any vehicles or trailer in any public park or beach in the city, except in areas specifically designated as parking areas by the City Manager or designee;
11. 
To ride or lead horses, or to hitch, fasten, lead, drive or let loose any animal or fowl of any kind. Dogs are not allowed in Carlsbad's parks or on Carlsbad's beaches.
a. 
Notwithstanding any other provisions of this chapter, this section does not apply to Batiquitos Lagoon, Buena Vista Lagoon or Agua Hedionda Lagoon.
b. 
This prohibition does not apply to a dog accompanying an unsighted person, or other person who by reason of medical necessity must be accompanied by a dog, dogs while assisting peace officers in law enforcement duties, dog parks or other areas specifically designated for dog use by the City Council, or to dogs participating in shows or obedience classes authorized by the Carlsbad community services department on specified areas of parks or beaches.
c. 
This prohibition does not apply to Leo Carrillo Ranch Historic Park with a valid park and facility use permit issued by the City Manager or designee authorizing one or more horses, ponies, or horse drawn carriages;
12. 
To construct or erect on any portion of a public park or beach in the city any building, fence or structure of whatever kind, whether permanent or temporary in character, or run, or string or install any public service utility into, upon or across such lands, except on special written permit of the City Manager or designee as to temporary items and of the City Council as to permanent items. Each day such condition exists shall constitute a new and separate offense;
13. 
To park or stand any vehicle or trailer in any public park in the city between the hours of 11:00 p.m. and 5:00 a.m. daily, except as permitted by the City Manager or designee;
14. 
To cut and remove any wood or to remove turf, grass, soil, rock, sand, gravel or fertilizer;
15. 
To camp or lodge in any park or beach except in those areas designated and posted as camping sites by the City Manager or designee;
16. 
To play or engage in any sport or sporting event in any picnic area;
17. 
To disturb in any manner any picnic, meeting, service, concert, exercise or exhibition;
18. 
For any groups consisting of 25 or more persons to hold, conduct or participate in any celebration, parade, service, picnic, exercise, or other special event without having first obtained an approved park and facility use permit. This subsection shall not apply to any beach in the city;
19. 
To distribute any handbills or circulars, or to post, place or erect any bills, notice, paper, or advertising device or matter of any kind, unless issued a valid vending equipment permit as defined in Chapter 8.32 of this code and the activity under this subsection is limited to advertisements permanently affixed to vending equipment;
20. 
To sell or offer for sale or to rent or lease any merchandise, article or thing, whatsoever, unless issued a valid vending equipment permit as defined in Chapter 8.32 of this code, or unless granted a special event or park and facility use permit issued by the City Council or designee;
21. 
To practice, carry on, conduct or solicit for any trade, occupation, business or profession of whatsoever kind or character without permission of the City Council or City Manager, unless issued a valid vending equipment permit as defined in Chapter 8.32 of this code;
22. 
To use or operate any vehicles at any time, except as permitted by the City Manager, or designee, in a park, designated streets or parking areas or as part of a supervised recreational activity or as authorized by the owners of the outer lagoon. This subsection does not apply to officers, agents or employees of the United States, the State of California, the city, or public utility companies or other local government agencies, when they are using motor-powered vehicle in the performance of their official duty, nor to the use of motor-powered vehicle in emergencies when it is necessary to use them for the preservation or protection of life or property, nor to utility companies using motor-powered vehicle for the installation, maintenance, repair or servicing of utility lines, generation, intake and outfall facilities, cooling water resources and other related facilities;
23. 
No person shall allow any dog owned by him or her or any dog subject to his or her control, custody, or possession, to enter upon any park within the city; provided, however, that this subsection shall not apply to dogs participating in shows or obedience classes authorized by the Carlsbad community services department in specified areas of parks, dog parks or other areas specifically designated for dog use by the City Council. No person shall allow or permit any dog to destroy any real or personal property or to commit a nuisance on any park property. It is the duty of persons having control of a dog to curb such a dog while in a park area;
24. 
No person who is over six years of age shall enter or use any water closet, restroom, dressing room or other facility designated for exclusive use by persons of the opposite sex in a public park or beach;
25. 
For any person to assemble, collect or gather together in any walk, passageway or pathway set apart for the travel of persons through any park or beach or to occupy same so that the free passage or use thereof by persons passing along the same shall be obstructed in any manner;
26. 
Nothing herein contained shall prevent the operation of motor vehicles and free right of public access over, or across any validly dedicated public street or road in the city;
27. 
No person shall play or practice golf or swing any golf club within any park within the city, except in such areas and to the extent as may be authorized by posted signs authorized by the City Manager or designee;
28. 
To sell or offer to sell food, or barter for or solicit a donation for food, without a valid park and facility use permit, special event permit, or vending equipment permit as defined in Chapter 8.32 of this code; all applicable health permit(s) issued by County of San Diego department of health; and if required, a City of Carlsbad business license. This subsection shall not apply to any state, county or local government entity or other political subdivision;
29. 
To use any inflatable commonly known as "jump house," "bounce house," "jump bouncers," "bouncy houses," "fun houses," or similar device without a valid park and facility use permit or special event permit. For purposes of this subsection, jump house, bounce house, jump bouncers, bouncy houses, fun houses, or similar is a structure that when inflated by a blower or similar inflating takes on a particular form where a person can bounce, jump, climb and slide on the inflatable device. The inflatable devices normally have safety features built into the design and are rugged with reinforced construction;
30. 
The temporary construction or use of a water slide, slip and slide, dunk tank, merry-go-round and climbing wall is prohibited except by permission of the City Manager or designee;
31. 
To use radio or remote controlled cars or similar devices, excepting the beach area west of Carlsbad Boulevard, between Palomar Airport Road and Solamar Drive;
32. 
To use radio or remote controlled model aircraft or similar devices excepting the beach area west of Carlsbad Boulevard, between Palomar Airport and Solamar Drive, and excepting on any park's natural turf baseball fields from 8:00 a.m. to 2:00 p.m., only if a scheduled league game or practice is not occurring, or as otherwise permitted by the City Manager or designee provided appropriate signs are installed giving adequate notice of such excepted areas.
(Ord. 3222 § 2, 1987; Ord. NS-51 § 1, 1989; Ord. NS-56 § 3, 1989; Ord. NS-286 § 5, 1994; Ord. NS-557 § 1, 2000; Ord. CS-022, 2009; Ord. CS-077, 2010; Ord. CS-473, 8/20/2024)
A. 
Purpose and Intent. The city is committed to maintaining a safe outdoor concert series for the enjoyment of city residents and visitors. The purpose of this section is to promote the safety and security of all attendees of the TGIF Concerts in the Park held at any park within the city.
B. 
Security Screenings at TGIF Concerts in the Park.
1. 
The City Manager or designee may establish security screening, which may include metal detectors and other screening equipment, at each point of entry to any TGIF Concert in the Park. If security screening is established by the City Manager or designee, all persons shall submit to the screening of their person and possessions as a condition of entry to the concert, except the following:
a. 
Current City of Carlsbad elected officials and employees, acting within the scope of their duties and upon a showing of valid identification, which may include a city-issued identification card;
b. 
Current City of Carlsbad contractors and consultants, acting within the scope of their contract and upon a showing of valid identification; and
c. 
Sworn on-duty law enforcement personnel.
2. 
Unless exempt from security screening as provided in this section, anyone refusing to submit to the security screening or inspection shall be denied entrance to the concert.
3. 
Signs shall be posted to alert the public when and where security screening is taking place.
4. 
Any person who attempts to gain entry to a TGIF Concert in the Park after refusing to comply with the security screening procedures established by this section is guilty of a misdemeanor.
C. 
Additional rules and procedures to promote public safety. The City Manager or designee is authorized to make and enforce additional rules and procedures necessary to implement the provisions of this chapter.
(Ord. CS-468, 3/26/2024)
A. 
It is unlawful for any person to have, possess or use any cup, tumbler, jar, bottle or container made of glass and used for carrying or containing any liquid for drinking purposes on any beach, any park or on any street, sidewalk, alley, highway, or parking lot immediately adjacent to such park or beach except by permission of the City Manager or designee.
B. 
No person who has in his or her possession any bottle, can or other receptacle containing any alcoholic beverage which has been opened, or a seal broken or the contents of which have been partially removed, shall enter, be or remain on any beach or on any street, sidewalk, alley, highway, bluff top or parking lot immediately adjacent to such beach except by permission of the City Manager or designee.
(Ord. 3222 § 2, 1987; Ord. NS-49 § 1, 1988; Ord. CS-022, 2009)
It is unlawful for any person to present, conduct, hold, or participate in any public dance on any beach, park, navigable water area, or public right-of-way or city-owned property without first having obtained the permission therefor from the City Council.
(Ord. 3222 § 2, 1987)
The City Manager, city police, or employees of the community services department shall have the authority to seize and confiscate any property, thing, or device used in violation of the terms of this chapter.
(Ord. 3222 § 2, 1987; Ord. NS-286 § 5, 1994)
The Carlsbad seawall sidewalk at the base of the bluff adjacent to Carlsbad State Beach between Tamarack Avenue and Pine Street shall be limited to pedestrians only. No person shall ride skateboard, inline skates, roller skates, toy vehicle, coaster, or similar form of transportation on the Carlsbad seawall sidewalk. Law enforcement personnel shall be exempt from the provision of this section when in the performance of their duties.
(Ord. 3222 § 2, 1987; Ord. NS-152 § 1, 1991; Ord. CS-139 § 3, 2011)
The council determines that the unrestricted operation of surfboards and similar devices in that portion of the Pacific Ocean immediately adjacent to the public bathing beaches within the city, constitute a serious hazard and a threat to the safety of many thousands of bathers, particularly during the period between the 15th day of May and the first day of October. In order to reduce such hazard and promote public safety during such periods, it is essential that the operation of surfboards and similar devices be restricted within that portion of the Pacific Ocean most frequented by persons using the public beaches. The Chief of Police, in conjunction with the District Lifeguard Supervisor, District VI of the State Department of Natural Resources of Beaches and Parks, is authorized and directed to ascertain, designate, post and mark from time to time, areas for the use of surfboard riding exclusively.
(Ord. 3222 § 2, 1987)
It is unlawful for any person to ride, use or otherwise employ a surfboard or similar device in the surf along the beaches of the city between the hours of 11:00 a.m. and 5:00 p.m., Pacific Standard or Daylight Savings Time (whichever is in use) between the 15th day of May and the first day of October of any calendar year. Except that it is lawful to surfboard ride at any hour in any area ascertained, designated, posted and marked by the Chief of Police and the District Lifeguard Supervisor, District VI of the State Department of Natural Resources, Division of Beaches and Parks for the use of surfboard riding exclusively, pursuant to this chapter.
(Ord. 3222 § 2, 1987)
It is unlawful for any person to smoke, including emitting or exhaling the fumes of any pipe, cigar, cigarette or any other lighted smoking equipment used for burning any tobacco product, weed or plant, or carry or hold a lighted pipe, cigar, cigarette or other lighted smoking products used for burning any tobacco product, weed or plant in a public park or public beach except in areas designated by the City Manager, and indicated by signage, as smoking areas. In any location where smoking is prohibited, it shall also be unlawful for any person to use an electronic cigarette as defined in California Health and Safety Code Section 119405 ("e-cigarette") or a similar device intended to emulate smoking, which permits a person to inhale vapors or mists that may or may not include nicotine. The provisions of this chapter do not apply in any circumstance where federal or state law regulates smoking or the use of e-cigarettes, if the federal or state law is more restrictive.
(Ord. NS-894 § 2, 2008; Ord. CS-237 § 3, 2013)