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)
It shall be unlawful for any person to play or practice golf
or swing any golf club within any public park where posted.
(Ord. 97-21)
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)
It is unlawful for any person to give or transmit a signal of
false drowning alarm in any manner or mode.
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)