Chapter 9.66
REGULATION OF OCEAN WATER SPORTS
Sections:
9.66.030 Prohibited use of water sports equipment.
9.66.050 Area to be regulated.
9.66.060 Order to leave waters.
9.66.070 Designation of exclusive use for water sports equipment.
9.66.080 Limited boat operation in Santa Cruz Harbor.
9.66.110 Life saving equipment.
9.66.130 Penalty – Infraction.
9.66.010 PURPOSE.
The purpose of this chapter is to provide regulations to prevent hazardous conflicts from arising between persons who wade, bathe or swim within the waters of the Pacific Ocean, Bay of Monterey and the San Lorenzo River, within the city of Santa Cruz, and persons engaging in water sports by the use of water sports equipment.
(Ord. 85-63 § 1, 1985: Ord. 85-62 § 1, 1985: Ord. 82-41 § 1, 1982).
9.66.020 DEFINITIONS.
For the purpose of this chapter, the following terms shall have the respective meanings set forth herein, unless the context in which they are used clearly indicates to the contrary:
“Beach” includes that strip of land owned or subject to the regulations of the city of Santa Cruz, lying between the West Cliff Drive, Beach Street, and East Cliff Drive in the city, and the line of mean high tide of the Pacific Ocean, Bay of Monterey or San Lorenzo River and any wharf, pier, jetty or arm thereof designated primarily to provide swimming, boating, fishing, sightseeing or other waterfront activities.
“Water sports equipment” includes any sailboard, surfboard, paddleboard, skim board, belly board, kayak, or any similar object made entirely or partially of wood, metal, glass, hard plastic or any other hard substance.
“Pacific Ocean” includes all waters of the Pacific Ocean, Bay of Monterey, or any arm thereof in which the tide ebbs or flows, whether or not the ordinary mean high tide line of the Pacific Ocean has been fixed by ordinance, statute or court decision or otherwise, and whether or not the lands lying under said tidal waters are privately owned or publicly owned.
“Santa Cruz Harbor” includes all of that portion of the Bay of Monterey which lies landward of a straight line from Point Santa Cruz to the easterly boundary of the city of Santa Cruz.
“Boat” includes any boat, vessel or other watercraft powered by sail, paddle, engine or motor of any type, jet ski, jet board, raft, canoe, or similar object, but does not include anything expressly defined as “water sports equipment.”
(Ord. 90-46 § 1, 1990: Ord. 85-63 § 1, 1985: Ord. 85-62 § 1, 1985: Ord. 82-41 § 1, 1982).
9.66.030 PROHIBITED USE OF WATER SPORTS EQUIPMENT.
The director of parks and recreation or the director’s authorized agent shall fix the hours during which no person in the waters of the Pacific Ocean, Bay of Monterey, or San Lorenzo River, within three hundred yards of the mean high tide line thereof, shall use or have in his or her possession any water sports equipment as herein defined. The hours during which the use of such water sports equipment shall be established in accordance with the needs of the public health, safety and welfare, and so as to permit the widest use of said waters by both those persons using water sports equipment and those not using water sports equipment, without conflict and danger. In addition, the director of parks and recreation or the director’s authorized agent may at any time, and from time to time, prohibit the use of said waters by all or some persons using all or any particular types of water sports equipment whenever it is determined by the director of parks and recreation or the director’s authorized agent that any portion of the area regulated by this chapter should be closed to all or some persons using all types of or any particular types of water sports equipment by reason of prevailing weather, water conditions, density of use, danger caused by mixed use, the fact that an organized city-approved water sports competition is taking place in the area and/or other hazard conditions.
(Ord. 90-46 § 2, 1990: Ord. 85-63 § 1, 1985: Ord. 85-62 § 1, 1985: Ord. 82-41 § 1, 1982).
9.66.040 NOTICE.
The director or designated agent shall give notice of the time during which the use of water sports equipment is prohibited, and the location at which the use of such water sports equipment is prohibited within the areas regulated by this chapter. Notice shall be given and prohibitions herein provided for shall be effective when a yellow flag having minimum dimensions of two feet by two feet, and having a solid black circle in the center, one foot in diameter, commonly known as a “black ball” flag, is prominently displayed from a lifeguard tower, station, wharf, pier, jetty, flagpole, or similar structure.
(Ord. 85-63 § 1, 1985: Ord. 85-62 § 1, 1985: Ord. 82-41 § 1, 1982).
9.66.050 AREA TO BE REGULATED.
During the time the “black ball” flag is displayed, swimming and bathing only shall be permitted in the waters of the Pacific Ocean, Bay of Monterey or San Lorenzo River adjacent to the beach within two hundred yards from said flag, as measured laterally along the beach from said flag. When the “black ball” flag is displayed from all lifeguard towers, lifeguard stations, flagpoles and similar structures, then all waters of the Pacific Ocean, Bay of Monterey or San Lorenzo River adjacent to the beach shall be restricted to swimming and bathing only.
(Ord. 85-63 § 1, 1985: Ord. 85-62 § 1, 1985: Ord. 82-41 § 1, 1982).
9.66.060 ORDER TO LEAVE WATERS.
No person shall fail, refuse or neglect to leave the waters of the Pacific Ocean, Bay of Monterey or San Lorenzo River adjacent to the beach when such restriction and prohibition as provided for in this chapter is in force.
(Ord. 85-63 § 1, 1985: Ord. 85-62 § 1, 1985: Ord. 82-41 § 1, 1982).
9.66.070 DESIGNATION OF EXCLUSIVE USE FOR WATER SPORTS EQUIPMENT.
The director or authorized agent may from time to time designate certain areas regulated by this chapter to be used exclusively by persons using water sports equipment. Such designation may be revoked at any time and the area covered by any such designation may be enlarged or reduced at any time. No person shall wade, bathe or swim in the waters of the Pacific Ocean, Bay of Monterey or San Lorenzo River included in such areas so designated for exclusive use by persons using water sports equipment, except while using such water sports equipment.
(Ord. 85-63 § 1, 1985: Ord. 85-62 § 1, 1985: Ord. 82-41 § 1, 1982).
9.66.080 LIMITED BOAT OPERATION IN SANTA CRUZ HARBOR.
No person shall drive, propel or navigate any boat at a rate of speed in excess of five nautical miles per hour within the limits of Santa Cruz Harbor.
(Ord. 85-63 § 1, 1985: Ord. 85-62 § 1, 1985).
9.66.090 BOATS PROHIBITED.
No person shall drive, propel or navigate any boat within all of that portion of the San Lorenzo River which lies within the boundaries of the city of Santa Cruz or within three hundred yards of the mean high tide line within the boundaries of the city of Santa Cruz, except when specifically authorized by the director of parks and recreation or designated agent for the purpose of landing and launching any boat.
(Ord. 85-63 § 1, 1985: Ord. 85-62 § 1, 1985).
9.66.100 BOAT OPERATION.
Every person owning or operating any boat or craft of any kind upon the San Lorenzo River or the Bay of Monterey, whether within the zones described in Section 9.66.080 or9.66.090 or seaward thereof, shall operate that boat or craft in a careful and prudent manner at all times. In addition to other penalties prescribed by this code, the city manager shall withdraw permission to use the facilities of the Santa Cruz Municipal Wharf, either permanently or for such period of time as the city manager shall decide, from any person who shall violate this section or Section 9.66.080 or9.66.090 or from any boat owner who shall permit any other person to drive, propel or navigate any boat or craft owned by him in violation of this section or Section 9.66.080 or9.66.090.
(Ord. 85-63 § 1, 1985: Ord. 85-62 § 1, 1985: prior code § 3603).
9.66.110 LIFE SAVING EQUIPMENT.
No person shall willfully or knowingly make or create a false alarm concerning the saving of life along the beaches within the city, or knowingly use any life saving station equipment or communication system, or break into the life saving equipment boxes, tamper with the same or remove the contents of said life saving equipment boxes, except in an emergency making same necessary, or willfully and knowingly destroy the boxes, contents, communication system or any part thereof.
(Ord. 85-63 § 1, 1985: Ord. 85-62 § 1, 1985: prior code § 3604).
9.66.130 PENALTY – INFRACTION.
Any person who violates any of the provisions of this chapter is guilty of an infraction.
(Ord. 85-63 § 1, 1985: Ord. 85-62 § 1, 1985: Ord. 82-41 § 1, 1982).