(Ord. 248 § 2, 2003)
B.
Violation—Penalty.
Any person who violates any provision of this chapter, the condition
of any permit issued pursuant thereto, or any rule or regulation relating
to beaches, is guilty of an infraction. Notwithstanding the above
provisions, a violation of Sections 17.12.330, 17.12.340, 17.12.360,
17.12.400, 17.12.410, 17.12.440 or 17.12.480 of the Los Angeles County
Code is a misdemeanor, punishable by a fine of up to $1,000 and/or
imprisonment in the county jail for a period of up to six months.
A repetition or continuation of any violation of any provision of
this section, or of any order or direction of the director on successive
days, constitutes a separate offense for each day during any portion
of which such violation is committed or permitted. The fine for violation
of Section 17.12.320 of the Los Angeles County Code or Section 12.08.035
of the Malibu Municipal Code shall be $100 for the first violation,
$200 for the second violation, and $500 for the third violation.
(Prior code §§ 4625, 4626; Ord. 32 § 2, 1991; Ord. 237 § 1, 2002; Ord. 248 § 2, 2003; Ord.
267 § 1, 2004)
A.
Section 17.12.090 Amended—Vessels. Notwithstanding the provisions of Section 12.08.020(A), Section 17.12.090 is amended to read:
17.12.090 Vessel. "Vessel" means and includes every description
of watercraft, other than a sea-plane on the water, used or capable
of being used as a means of transportation on water. "Vessel" includes
a raft and a personal motorized watercraft, but does not include a
surfboard, paddleboard, boogie board, standard surf mat, or similar
devices. For purposes of this Chapter, "personal motorized watercraft"
arm small vessels propelled by an inboard engine which powers a jet
pump designed for a standing or sitting rider, commonly referred to
by a variety of trademarked names and, despite individual characteristics,
which share the basic elements described above.
B.
Notwithstanding the provisions of Section 12.08.020(A), Section 17.12.310(A) is amended to read as follows:
17.12.310 Disturbances prohibited. A person shall not disturb
the peace and quiet of any beach by:
A.
Any unduly loud or unusual noise including amplified sound in violation of Section 8.24.050(M) of the Malibu Municipal Code.
C.
Section 17.12.470 amended—Motorized Watercraft. Notwithstanding the provisions of Section 12.08.020(A), Section 17.12.470 is amended to read:
17.12.470 Boating prohibited within 300 yards of shore—Exceptions.
A person shall not operate any vessel within 300 yards of the shoreline
of any beach regulated by this Part 3 except:
A.
When
necessary to sail the vessel from or to a place of lawful mooring;
B.
When
necessary due to an emergency aboard the vessel;
C.
When
engaged in the use of a non-motorized vessel not exceeding 22 feet
in length from or to any privately owned beach or from or to any public
beach through a designated ocean access corridor that has been established
by the Director for the launching of such vessels at such beach.
D.
When
engaged in the use of a motorized vessel the motor of which does not
exceed 10 horse-power or an engine displacement of 225 cubic centimeters,
whichever is less, from or to any privately owned beach, excluding,
however, the beach located in the area between Point Dume and Paradise
Cove.
D.
Notwithstanding the provisions of Section 12.08.020(A), Section 17.12.480 is amended to read as follows:
17.12.480 Surfboards, surfmats, paddleboards, windsurfers, and
similar objects—Use restrictions.
A.
A
person shall not use, possess or operate in the waters of the Pacific
Ocean opposite any beach regulated by this Part 3 any object commonly
known as a surfboard, paddleboard, windsurfer, or similar device (but
not including surfmats and belly-boards) at such times when said waters
are restricted for swimming and bathing only.
B.
A
person shall not use, possess or operate in the waters of the Pacific
Ocean opposite any beach regulated by this Part 3 any object commonly
known as a surfmat, paddleboard, belly-board, surfboard, or similar
device except within 200 yards from shore or 75 yards seaward of the
point at which the average wave is breaking, whichever distance is
greater, or when used by a skindiver to hold the flag required by
Section 17.12.450.
C.
A
person shall not bring or permit or allow in the waters of the Pacific
Ocean opposite any beach regulated by this Part 3 any object commonly
known or used as a fishing pole, windsurfer, paddleboard or surfboard,
within 100 feet of any person in the waters thereof who was not at
the time using or possessing a similar object.
(Prior code §§ 4627, 4627.5, 4628,
4629; Ord. 32 § 2, 1991; Ord. 616 § 1, 1992; Ord. 63U § 1, 1992; Ord. 84 § 1, 1993; Ord.
94 § 2, 1993; Ord. 248 § 2, 2003)
The ordinance codified in this chapter shall be known as and
may be cited as the "park ordinance."
(Ord. 244 § 1, 2003; Ord. 248 § 2, 2003)
A.
Any person who violates any provisions of this chapter, the conditions of any permit issued pursuant to this chapter, or any rule or regulation relating to parks and recreation areas, is guilty of an infraction. Notwithstanding the above provisions, violation of Sections 12.08.100, 12.08.110, 12.08.120, 12.08.130, 12.08.140, 12.08.150, 12.08.170, 12.08.180, 12.04.190, 12.08.200, 12.08.210, 12.04.220 and 12.08.230 of the Malibu Municipal Code is a misdemeanor, punishable by a fine of up to $1,000 and/or imprisonment in the county jail for a period of up to six months.
B.
A repetition
or continuation of any violation of any provision of this chapter
on successive days, constitutes a separate offense for each day during
any portion of which such violation is committed, continued or permitted.
C.
In
addition, in any case involving the destruction, defacing, removal
or injury to any park facility or park foliage, the court may require
restitution in an amount necessary to reimburse the city for the value
of the item or material destroyed, defaced, removed or damaged as
well as any labor expended to replant or restore the area, item or
material affected.
(Ord. 244 § 2, 2003; Ord. 248 § 2, 2003)
For the purposes of Chapter 12.08, the following definitions shall apply:
means alcohol, spirits, liquor, wine, beer and every liquid
containing one-half of one percent or more of alcohol by volume, and
which is fit for beverage purposes either alone or when diluted, mixed
or combined with other substances.
means the city manager, or designee.
means the city of Malibu, department of parks & recreation.
means every park, roadside rest, golf course, reservoir,
riding and hiking trail, open space easement to which the public has
an unrestricted right of access and use for park or recreation purposes,
and every other recreation facility owned, managed or controlled by
the city and under the jurisdiction of the city manager, in either
incorporated or unincorporated territory.
(Ord. 244 § 3, 2003; Ord. 248 § 2, 2003)
The city manager may place and maintain, or cause to be placed
and maintained such signs, notices, signals, or control devices as
deemed necessary to carry out the provisions of this chapter, or to
insure public safety and orderly and efficient use of any park or
park waters. A person shall not willfully fail to obey any sign, notice,
signal, or control device placed or erected pursuant to this section.
(Ord. 244 § 4, 2003; Ord. 248 § 2, 2003)
Permission to be within the limits of any park or to use any
park facilities is conditioned on compliance with all applicable provisions
of this chapter and all other applicable laws, ordinances, rules and
regulations. A violation of any provision of this chapter or of any
order, rule or regulation authorized by this chapter, or of any other
applicable law, ordinance, rule or regulation shall result in the
person so violating being a trespasser and the sheriff or city manager
may eject any such person from a park.
(Ord. 244 § 5, 2003; Ord. 248 § 2, 2003)
A person shall not enter, be or remain in any park or in any building in any park from sunset to 8:00 a.m. except where such person is camping as provided for under Section 12.08.120 or as authorized or scheduled in writing by the city manager. The city manager may, from time to time, change the hours of use as stated above for any individual park. All persons shall comply with such changed hours.
(Ord. 244 § 6, 2003; Ord. 248 § 2, 2003)
A person, other than a duly authorized park employee in the
performance of his duties, shall not:
A.
Dig,
remove, destroy, injure, mutilate or cut any tree, plant, shrub, grass,
fruit or flower, or any portion thereof, growing in the park;
B.
Remove
any wood, turf, grass, soil, rock, sand or gravel from any park;
C.
Cut,
break, injure, deface or disturb any rock, building, cage, pen, monument,
sign, fence, bench, structure, apparatus, equipment or property in
a park or any portion thereof; or mark or place thereon, or on any
portion thereof, any mark, writing or printing; or attach thereto
any sign, card, display or other similar device.
(Ord. 244 § 7, 2003; Ord. 248 § 2, 2003)
A person shall not bring to or operate in any park any motor
vehicle except at such times and at such places as permitted by the
city manager in written regulations or permits issued from time to
time, and any such operation of a motor vehicle shall be in accordance
with the conditions contained in such regulation or permit. A person
shall not park any motor vehicle in any park except in areas designated
by the city manager for parking. Vehicles may not be parked in a city
park or park facility or designated parking area associated with a
city owned or operated park or recreational facility beyond the designated
hours of operation except as permitted by the city manager.
(Ord. 244 § 8, 2003; Ord. 248 § 2, 2003)
A.
A person
shall not camp or sleep overnight in any park except where a camping
area is so designated, and then only in accordance with the rules
and regulations governing the use of such area. The city manager may
issue a permit to any youth group and to any special-interest group
permitting its members as a group to camp overnight at a designated
location in a park if he or she finds:
1.
That,
in the case of a youth group, the group was organized in good faith
and not for the purpose of obtaining a permit under this section,
and the members of such group will be supervised during such camping
by an adequate number of responsible adults and such overnight camping
will not interfere with or in any way be detrimental to the park or
interfere with the uses thereof; and
2.
That
the group has agreed to the conditions contained in the permit.
B.
Upon
the granting of such permit, the members of such group, including
the adult supervisors, may camp at the time, location and under the
conditions specified in the permit.
(Ord. 244 § 9, 2003; Ord. 248 § 2, 2003)
A person shall not bring into a park any cattle, horse, mule,
goat, sheep, swine, dog, cat or other animal of any kind except as
hereafter specifically provided or as otherwise permitted by the city
manager.
(Ord. 244 § 10, 2003; Ord. 248 § 2, 2003)
A person may bring and maintain, in any park exclusive of golf
courses, a dog or cat if such dog or cat is kept on a leash or chain
and under full control of its owner or custodian, or upon written
permission of the city manager when required for authorized park programs.
(Ord. 244 § 11, 2003; Ord. 248 § 2, 2003)
A person may only lead or ride a horse, mule, donkey or other
similar animal on designated trails or in designated equestrian areas
subject to all rules and regulations governing their use, or in other
park areas upon written permission of the city manager, subject to
the regulations of such use permit.
(Ord. 244 § 12, 2003; Ord. 248 § 2, 2003)
A person shall not disturb the peaceful and orderly use of any
park by:
A.
Any
unduly loud or unusual noise; or
B.
Tooting,
blowing or sounding any siren, horn, signal or noise-making device
except as appropriate and associated with a sporting or recreational
event; or
C.
Any
obscene, violent or riotous conduct.
(Ord. 244 § 13, 2003; Ord. 248 § 2, 2003)
A person shall not enter, be or remain in any park while in
possession of any can, bottle, or other receptacle containing any
alcoholic beverage which has been opened, or a seal broken, or the
contents of which have been partially removed, or while consuming
any alcoholic beverage except at a concession facility duly authorized
by the city council and properly licensed or in connection with a
special event duly authorized by the city manager for which the sponsoring
organization is properly licensed by the State Department of Alcoholic
Beverage Control. A person shall not enter, be or remain in any park
while in possession or transporting, purchasing, selling, giving away
or consuming any narcotics and dangerous drugs.
(Ord. 244 § 14, 2003; Ord. 248 § 2, 2003)
A person shall not enter, remain in or be in any park while
under the influence of any alcoholic beverage, narcotic or drug.
(Ord. 244 § 15, 2003; Ord. 248 § 2, 2003)
A person shall not solicit in any manner or for any purpose,
or sell or offer for sale any goods, wares or merchandise, or distribute
advertising matter in any park except:
A.
Pursuant
to a concession or other agreement authorized by the city council;
B.
A sports
team which is a member of a regular sports league and which admits
all members of the general public to the sporting event to the extent
of capacity without discrimination and without charge to any game
played may solicit voluntary contributions from the spectators attending
such game;
C.
When
found by the city manager to be consistent with the policies of the
department of parks and recreation or to promote the programs of said
department, under conditions prescribed by him or her.
(Ord. 244 § 16, 2003; Ord. 248 § 2, 2003)
A person shall not molest, hunt, disturb, injure, shoot at,
take, net, poison, wound, harm, kill or remove from any park or riding
and hiking trail any kind of animal except:
A.
When
necessary to avoid bodily harm;
B.
When
authorized by a valid collection permit issued by the department of
fish and wildlife and approved by the city manager;
C.
If
a person is a duly authorized park employee and is doing so in the
performance of his or her duties.
(Ord. 244 § 17, 2003; Ord. 248 § 2, 2003)
A person shall not throw, place or dispose of any garbage, refuse,
waste paper, bottles or cans in any place in a park other than into
a garbage can or other receptacle maintained therein for that purpose.
(Ord. 244 § 18, 2003; Ord. 248 § 2, 2003)
A person shall not light or maintain any fire in any park, except
upon written authorization from the city manager. All fires lighted
or maintained pursuant to this section shall be in compliance with
all applicable rules and regulations of the Los Angeles County Air
Pollution Control District, United States Forest Service, and any
fire department having jurisdiction over the respective park areas.
(Ord. 244 § 19, 2003; Ord. 248 § 2, 2003)
A person shall not place, throw, leave, keep or maintain any
object in such a manner or in such a place that any person or animal
may be injured or any structure or vehicle may be damaged thereby.
(Ord. 244 § 20, 2003; Ord. 248 § 2, 2003)
A person shall not operate model airplanes, boats, remote controlled
vehicles or crafts except in areas designated for such use, and subject
to all rules and regulations contained in such written permission.
(Ord. 244 § 21, 2003; Ord. 248 § 2, 2003)
Any person riding a skateboard, wearing in-line skates, or using
a non-motored scooter at a park or recreational facility owned or
operated by the city, must wear a helmet, elbow pads, and knee pads.
(Ord. 244 § 22, 2003; Ord. 248 § 2, 2003)
Any person wearing in-line skates or rollerskates or riding
a skateboard or scooter at any park or recreation facility allowing
such activities may do so only in areas designated for skating by
the city manager.
(Ord. 244 § 23, 2003; Ord. 248 § 2, 2003)
