A. 
It is unlawful for any person to drive, park or allow to stand any self propelled vehicle on a public beach, public park, or recreational trail unless the operator has previously obtained express approval from the lifeguard captain, director, parks and recreation or other authorized City official.
B. 
Approval required by this section shall be given only for a temporary period subject to such conditions as are necessary to protect the public health and safety.
(Ord. 2004-09)
A. 
Within 100 feet of any person while upon any public property, it is unlawful for any person to possess a fishing spear gun or similar instrument in a cocked or armed position or to possess any unsheathed or uncovered spear, barb, prong or similar instrument.
B. 
A spear gun or similar instrument shall be deemed cocked or armed unless it is in a condition incapable of projecting spears, barbs or prongs.
(Ord. 2004-09)
While upon any City beach, park, recreational trail, or waterway or a sidewalk adjacent to such area within the City, it is unlawful for any person to possess a container whose exterior surface is in any degree made of glass.
(Ord. 2004-09)
A. 
It is unlawful for any person to ignite and/or maintain a fire on any public beach or recreational trail, or in any public park outside a designated fire ring or barbecue grill.
B. 
It is unlawful for any person to relocate a fire ring or barbecue grill placed by the City.
(Ord. 2004-09)
It shall be unlawful for any person to ride, bring, allow or permit a horse owned or controlled by such person upon a City beach, park, or recreational trail except in areas designated by resolution of the City Council for use by horses.
(Ord. 2004-09)
It shall be unlawful for any person to pick, dig up, cut, mutilate, destroy, injure, disturb, move, molest, burn or carry away any plant or vegetation, or portion thereof including aquatic plants located in a City beach, park, recreational trail, or waterway.
(Ord. 2004-09)
Within any City beach, park, recreational trail, or waterway, it shall be unlawful for any person to destroy, disturb, deface or remove earth, sand, gravel, oil, minerals, rocks or fossils, features of caves, archaeological artifacts or any parts thereof.
(Ord. 2004-09)
Within any City beach, park, recreational trail or waterway, it shall be unlawful for any person, in any way, to intentionally damage, deface or mutilate any tree, fence, wall, building, railing, sign, playground or playground equipment, camp or picnic structure, monument or any other object or structure placed there by the City.
(Ord. 2004-09)
Within any City beach, park, recreational trail or waterway, it shall be unlawful for any person to use, transport, carry, fire or discharge any firearm, airgun, paintball gun, archery device, slingshot, fireworks or explosive device of any kind.
(Ord. 2004-09)
Within any City beach, park, recreational trail or waterway, it shall be unlawful for any person to throw away any lighted tobacco product or any burning or combustible material or any other matter that could set fire to grass, shrubs, buildings or any other combustible substance.
(Ord. 2004-09)
Within any City beach, park or waterway, it shall be unlawful for any person to use a City barbecue grill and allow such barbecue grill to remain in an untidy or unsanitary condition; nor shall any person fail to clear away therefrom all cooking and eating utensils and waste matter after use thereof; nor shall any person using a City barbecue grill fail, when such use is completed, to cover the fire therein.
(Ord. 2004-09)
Within any City beach, park, or recreational trail, it shall be unlawful for any person to engage in the washing, cleaning, polishing, repairing, renovating or painting of any vehicle; except that this section shall not prohibit the making of emergency repairs immediately necessary to render such vehicle safe.
(Ord. 2004-09)
A. 
Within any City beach, park, or recreational trail, it shall be unlawful for any person to ride or drive a moped, motorcycle, automobile or any other vehicle other than on an authorized roadway.
B. 
Within any City beach, park, or recreational trail, it shall be unlawful for any person to obstruct the free travel of pedestrians on any walk, road or avenue, or vehicles on automobile roads.
(Ord. 2004-09)
Within any City beach, park, or recreational trail, it shall be unlawful for any person to permit a child under that person's control and who is under the age of seven years, to be unattended.
(Ord. 2004-09)
Within any City beach, park, or recreational trail, it shall be unlawful for any person to remain upon such property or any part thereof, or use any of the facilities or equipment therein, or permit any vehicle to remain thereon, except between the posted hours of any day when such area is open for public use.
(Ord. 2004-09)
A. 
Other provisions of the Municipal Code notwithstanding, any person owning or having custody or control of a dog may allow the dog to be on public property, unrestrained by a leash, so long as each of the following conditions are met:
1. 
The dog is within either Encinitas Viewpoint Park or Sun Vista Park (East), between the hours of either 6:00 a.m. and 9:00 a.m. or 3:00 p.m. and 8:00 p.m., on Monday, Wednesday, Friday and Sunday and Orpheus Park between the hours of 6:00 a.m. and 7:30 a.m. and 3:00 p.m. and 8:00 p.m. on Monday, Wednesday and Friday and 6:00 a.m. and 9:00 a.m. and 3:00 p.m. and 8:00 p.m. on Sunday;
2. 
The dog is within that portion of Trail Segment 72 between Encinitas Boulevard and Mountain Vista Drive;
3. 
The dog is licensed and under direct and effective voice control sufficient to ensure that the dog is not involved in a violation of any other provision of law; and
4. 
The dog is not:
a. 
Biting or harassing a person or other animal,
b. 
Interfering with another person's lawful use of public property, or
c. 
Urinating or defecating on public property unless the dog is curbed and any feces is immediately removed to a proper receptacle.
B. 
An official of the City who has authority to enforce the City's animal control regulations may order a person owning or having custody or control of the dog to physically restrain the dog by a leash while the dog is in Encinitas Viewpoint Park or Orpheus Park, or Sun Vista Park (East) and that portion of Trail Segment 72, in accordance with the following:
1. 
The dog is unrestrained by a leash but is not in compliance with each of the conditions contained in subsection A of this section.
2. 
The order shall be accompanied by a written notice that the order continues in effect until the City Manager revokes the order, in writing.
3. 
A person subject to an order issued in accordance with this provision may apply to the City Manager for revocation of the order.
4. 
The City Manager, or the Manager's designee, shall conduct a hearing on the application. The order shall be revoked if the applicant demonstrates that, based upon a change in circumstance, the order is no longer required to accomplish the purposes of the Code.
(Ord. 2003-16; Ord. 2004-09; Ord. 2009-14)
A. 
The senior lifeguard on duty is authorized to designate activity zones for the regulation of City beaches and waterways. Designations of zones shall be made in consideration of:
1. 
The number of persons utilizing the area;
2. 
The surf, wave and tide conditions; and
3. 
The need to protect the public health and safety.
B. 
To impose activity zone regulations, the zone must be marked to show the type of zone and its boundaries. Further, a notice must be posted at each lifeguard station indicating the permitted and prohibited uses for each zone. In addition, the lifeguard captain shall install signs at a designated zone that indicate the permitted and prohibited uses in that zone.
C. 
It is unlawful for any person to knowingly violate the regulations of a posted activity zone.
(Ord. 87-39)
With the exception of a dog accompanying an unsighted person or hearing impaired person there present, it is unlawful for any person to bring, allow or permit a dog or cat owned or controlled by such person upon a City beach.
(Ord. 92-02)
It is unlawful for any person to transport, assemble or use any aircraft including hot air balloons, hang gliders, kites or motorized crafts designed to support a person or persons in air flight or fly, launch or land over or upon any beach or shoreline within the City.
A. 
It is unlawful for any person to be upon the face of any public coastal bluff except upon a trail, stairway, ramp or similar facility designated by the City for such use.
B. 
A "coastal bluff" means a bluff whose vertical elevation is 10 feet or more, and whose toe is or may be subject to marine erosion. (See Section 30.04.010, "Bluff, Coastal.")
(Ord. 92-25)
A. 
Purpose and Intent. The purpose of this section is to protect the public health and safety by prohibiting jumping and diving from public structures into the ocean and waterways.
B. 
Definitions. Wherever the following words, terms or phrases are used in this chapter, they shall be construed as defined in the following subsections unless from the context in which the word, term, or phrase is used, a different meaning is specifically defined or intended.
"Public property"
means any bridge, road, crossing or stairway, which is owned by the City of Encinitas or any other public agency, within the City of Encinitas.
"Structure"
means a bridge or any portion of a public road or right-of-way which crosses water or land at an elevation higher than the water or land with a single span or multiple spans with a total length of 20 feet or more. "Structure" means any stairway accessing any beach in the City of Encinitas on public property.
C. 
Prohibition. It is unlawful for any person to jump or dive from any structure located on public property where prohibited by signs posted thereon.
D. 
Violations. Any person who violates any provision of this chapter is guilty of an infraction except for the fourth or each additional violation of a provision within one year which shall be a misdemeanor. Penalties for violation of this chapter shall be as designated in Chapter 1.08 of this Code.
(Ord. 2020-14)