SBMC Chapter 11.12 PUBLIC PROPERTY AND PLACES

A. “Beaches” means and includes any public beach or beach which is open to the public or any bluff top open to the public, public trail, access way or public parking lot, immediately adjacent to a beach.

B. “Parks” means and includes all dedicated parks, parks established by adverse uses, planted areas open to the general public, parks on publicly leased or licensed property, 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.

C. “Coastal Rail Trail” or “CRT” means the concrete and decomposed granite paths, lighting, landscaping and hardscape features such as seat/sediment walls, drinking fountains, bus stops and viewing areas that runs north/south in the city of Solana Beach beginning at the city’s south boundary (north curb face of Via de la Valle) and ending approximately 1.7 miles north just north of Ocean Street. The west boundary of the CRT is the east curb face of Highway 101 and the east boundary is the railroad fence. (Ord. 403 § 12, 2009; Ord. 29 § 1, 1987; 1987 Code § 8.02.010)

11.12.020 Unlawful acts on beaches or parks.

It is unlawful for any person to do any of the following acts in or upon any park or beach within the city:

A. To dump or deposit any trash, specifically including cigarette and cigar butts and tobacco, refuse, rubbish, litter, or other kind of waste materials, except in approved containers specifically placed and designated to receive such waste materials. No person shall dispose of any animal carcass in or on any beach or park;

B. Fires.

1. To start or maintain any fire, including barbecues, except in areas specifically designated for fires by the city manager, or to start or maintain any fire except within the confines of a fire ring, stove, barbecue, hibachi or other similar device not exceeding three feet in diameter and specifically designed for starting and maintaining fires; or to start or maintain any fire out of any wood or other material containing nails, screws or bolts; or to start or to maintain any fire between the hours of 10:00 p.m. of one day and 8:00 a.m. of the following day,

2. To fail to fully extinguish a fire with water, or to bury any fire, coals or embers with sand; or to dispose of any hot, burning or smoldering coals or embers except in a fire ring or other device designated by the city manager for such disposal;

C. To commit any act of vandalism, including the damaging, destroying or defacing of trees or their leaves, limbs or branches, bushes, shrubbery, bluffs, bluff faces, rock outcroppings, 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;

D. To bring into, or use, any firearms or air or gas or spring propelled guns, sling shots, bows and arrows, or other projectile-throwing devices, except that bows and arrows may be permitted in such portions of public parks or beaches which are specifically designed by the city manager for archery or other projectile-throwing devices;

E. To discharge or set off firecrackers, torpedoes, rockets or other fireworks except where a permit has been granted by the city manager. The city manager shall grant such permit only where he finds that:

1. It is for an established civic celebration,

2. The person proposing to discharge or set off the fireworks has the necessary skill and experience to do so, and

3. That it can be done without endangering persons or property;

F. 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;

G. 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, or if there is no defined entrance, at periodic intervals around the boundary of the park or beach. The city manager is given authority to determine appropriate times for closure of a park or beach and to post such signs;

H. To park or leave standing any automobiles or any other vehicles in any public park or beach in the city, except in areas specifically designated for parking by the city manager;

I. 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, string or install any public service utility into, upon or across such lands, except on special written permit of the city manager 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;

J. To cut and remove any wood or to remove turf, grass, soil, rock, sand, gravel or fertilizer;

K. To camp or lodge, or to sleep after 10:00 p.m. one day and before 6:00 a.m. of the next day, except in areas designated and posted as camping sites by the city manager;

L. To play or engage in any sport or sporting event in any picnic area which is specifically designated as a picnic area by posted signs; or to play or engage in any sport or sporting event at a time when the playing of sports or sporting events is prohibited. The city manager is given authority to determine appropriate times when the playing of sports or sporting events is prohibited. The times when the playing of sports or sporting events is prohibited shall be designated by posted signs;

M. To disturb in any manner any picnic, meeting, service, concert, exercise or exhibition;

N. To use, or permit to be used, any public address system, loudspeaker, bullhorn or other power-amplified sound equipment without first obtaining a written permit from the city manager;

O. To distribute any handbills or circulars, or to post, place or erect any bills, notice, paper, or advertising device or matter of any kind;

P. To sell, or offer for sale, or to rent or lease any merchandise, article or things, whatsoever, unless having first been granted a valid permit by the city council;

Q. To practice, carry on, conduct or solicit for any trade, occupation, business or profession of whatsoever kind or character without the prior permission of the city council;

R. To use or operate any motor-powered vehicles at any time, except as permitted by the city manager in designated streets or parking areas or as part of a supervised recreational activity. 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 vehicles in the performance of their official duty, nor for the use of motor-powered vehicles 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 vehicles for the installation, maintenance, repair or servicing of utility lines, nor to persons who have received the prior written consent of the city manager;

S. No company, society, organization, association or group of more than 25 persons shall hold or conduct any picnic, celebration, parade, service or exercise in any public park or beach without first obtaining permission from the city manager. It shall be unlawful for any person to take part in any picnic, celebration, parade, service or exercise held or conducted contrary to the provisions hereof. If the city manager denies such permit, appeal may be made to the city council within 10 days thereafter;

T. For any person who is over six years of age to 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;

U. 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;

V. To 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;

W. To ride, lead or bring any horse or other equine animal owned or controlled by the person;

X. To bring, lead, allow or permit any dog owned or controlled by the persons, except as provided in SBMC 11.12.035 and except that properly restrained and leashed dogs are allowed in Fletcher Cove Park to the top of the beach access ramp and including the upper viewpoint and area surrounding the Fletcher Cove Community Center, on the Coastal Rail Trail, La Colonia Park and in Tide Park Viewpoint;

Y. To use any radio or string controlled toy airplane, glider or helicopter;

Z. To use or permit to be used any radio, record player, tape cassette player, compact disc player or other similar device at a volume which may be heard from a distance of more than 50 feet. This prohibition shall not apply to the use of sound equipment for which a permit has been given under subsection N of this section;

AA. To ride or propel a skateboard within La Colonia Park or on the sidewalk adjoining La Colonia Park except in the areas designated as authorized skateboarding areas and participants shall wear a helmet, elbow pads, and knee pads;

BB. To walk, hike or climb on the face of any coastal bluff or seawall except on stairways, ramps or similar facilities at designated beach access points, or except by the owner of private property or a person having the express written consent of the owner of private property or the city manager in the case of public property;

CC. To ride or propel a skateboard within Fletcher Cove Park, including without limitation the parking lot, or any sidewalk adjoining Fletcher Cove Park;

DD. To feed any undomesticated bird or animal including, but not limited to, pigeons and ground squirrels;

EE. No person shall smoke, as defined in SBMC 6.16.010(N), within the boundaries of any public beach, or park, or the Coastal Rail Trail. (Ord. 501 § 3, 2019; Ord. 449 § 2, 2014; Ord. 447 § 3, 2014; Ord. 434 § 1, 2012; Ord. 403 § 13, 2009; Ord. 385, 2008; Ord. 316 §§ 2, 3, 2003; Ord. 304 § 1, 2003; Ord. 296 § 1, 2003; Ord. 286 § 1, 2002; Ord. 246 § 1, 1998; Ord. 160 § 1, 1992; Ord. 142 § 1, 1991; Ord. 136 § 1, 1991; Ord. 91 § 1, 1989; Ord. 89 §§ 1 – 3, 1989; Ord. 79 § 1, 1989; Ord. 29 § 1, 1987; 1987 Code § 8.02.020)

11.12.024 Throwing, propelling or hitting objects from bluff.

It is unlawful for any person to throw, propel or hit any object from the top of any coastal bluff or sea cliff onto the beach or tidelands. (Ord. 170 § 1, 1993)

11.12.025 Posting of signs.

The city manager or his designee may post signs in appropriate locations giving notice of the various restrictions and prohibitions set forth in SBMC 11.12.020. (Ord. 89 § 4, 1989; 1987 Code § 8.02.025)

11.12.030 Violation of orders of lifeguards.

A. No person shall refuse to comply with any lawful order, sign or direction of a city lifeguard.

B. No person shall, without the written permission of the captain of the city lifeguards, deface, damage or remove any warning signs, life buoy, lifesaving equipment, warning or demarcation flag or lifeguard tower placed on a beach by a lifeguard or under the direction of a lifeguard. (Ord. 29 § 1, 1987; 1987 Code § 8.02.030)

11.12.035 Dogs on beaches.

A. No person having the care, custody, charge or control of any dog shall permit or allow that dog to be on any of the beaches within the city except on the beach south of the Del Mar Shore Public Stairway or on the beach north of the Tide Park Public Stairway.

B. It shall be unlawful for any person to bring, allow or permit any dog upon any of the beaches within the city unless such dog is restrained by a leash not in excess of six feet. Every owner of a dog shall restrain his dog from running at large on any of the beaches in the city. No person shall permit any dog to be left unattended on any of the beaches within the city.

C. A person having care, custody, control or possession of a dog, when such person and dog are upon any of the beaches within the city, shall have in his or her possession equipment sufficient to remove and thereafter contain defecation from such dog, and it shall be unlawful to fail to remove and contain the defecation from such dog.

D. This section shall not apply to the use of guide dogs for the unsighted or hearing impaired.

E. Any person who violates any of the provisions of this section shall be punishable as a misdemeanor as provided in Chapters 1.16 and 1.18 SBMC; provided, that the schedule of fines for an administrative citation under SBMC 1.18.030(D) shall be as follows:

1. A fine not exceeding $250.00 for a first violation;

2. A fine not exceeding $500.00 for a second violation within one year from the date of the first violation;

3. A fine not exceeding $1,000 for each additional violation within one year from the date of the first violation. (Ord. 449 § 3, 2014)

11.12.040 Aquatic activities.

A. In furtherance of this article, and to promote public safety, the captain of lifeguards, or his designee, may terminate any activity on the beach access in order to protect the health, safety and welfare of those persons using the beach. The captain of lifeguards, or his designee, may also close any portion of the beach, or adjoining water areas, when in the judgment of the captain of the lifeguards, or his designee, closure is necessary to protect the public health, safety or welfare, or the safety of users of the beach or adjoining water areas.

B. No person shall paddle, ride or use a surfboard, paddle board, sail board, boat, or any other hard surface flotation device in any area designated by the captain of lifeguards, or his designee, for the exclusive use of swimmers. This section shall not apply to any lifeguard or other emergency service personnel.

C. No person shall operate, launch or land a jet ski or other type of propeller powered or jet-powered vessel or boat within the surfline. This section shall not apply to any lifeguard or other emergency service personnel.

D. No person shall launch or land any boat or vessel of any nature at Fletcher Cove Park.

E. No person shall give a false alarm of a drowning.

F. No person shall carry or possess any loaded, armed or cocked fishing spear gun, or similar instrument, or unsheathed fishing spear, prong, bar or similar instrument within 100 feet of any other person, unless such other person is the member of a group engaged in fishing with such instruments. (Ord. 29 § 1, 1987; 1987 Code § 8.02.040)

11.12.050 Glass containers prohibited.

No person shall possess any glass container for food or beverage on any public beach, or beach which is open to the public, or any street, sidewalk, alley, highway, public parking lot, public trail, public access way or bluff top open to the public, immediately adjacent to such beach. This section shall not be deemed to make punishable any act or acts which are prohibited by state law. (Ord. 29 § 1, 1987; 1987 Code § 8.02.050)

11.12.060 Alcohol prohibited at La Colonia Park.

A. Except with prior written approval of the city manager, no person shall consume any alcoholic beverage, or possess any open container of any alcoholic beverage, upon or in La Colonia Park or on any street, sidewalk, alley, highway, public parking lot, public open space, or drainage facility immediately adjacent to such park.

B. Alcoholic beverages include alcohol, spirits, liquor, wine, beer, and every liquid or solid containing ethyl alcohol, spirits, wine or beer, and which contain one-half of one percent or more of ethyl alcohol by volume, and which is fit for consumption either alone or when diluted, mixed or combined with other substances. (Ord. 29 § 1, 1987; 1987 Code § 8.02.060)

11.12.070 Alcohol prohibited at Fletcher Cove Park parking lot.

A. Except with the prior written approval of the city manager, no person shall consume any alcoholic beverage, or possess any open container of any alcoholic beverage, upon or in the public parking lot or adjoining park and bluff areas of Fletcher Cove Park.

B. Alcoholic beverages include alcohol, spirits, liquor, wine, beer and every liquid or solid containing ethyl alcohol, spirits, wine or beer, and which contain one-half of one percent or more of ethyl alcohol by volume, and which is fit for consumption either alone or when diluted, mixed or combined with other substances. (Ord. 79 § 4, 1989; Ord. 29 § 1, 1987; 1987 Code § 8.02.070)

11.12.080 Alcohol prohibited on railroad right-of-way park.

A. No person shall consume any alcoholic beverage or possess any open container of any alcoholic beverage upon or in that portion of the Atchison, Topeka and Santa Fe Railroad right-of-way licensed to the city for use as a public recreation area or upon the bike path located adjacent to that area.

B. For the purposes of this section, alcoholic beverages include alcohol, spirits, liquor, wine, beer and every liquid or solid containing ethyl alcohol, spirits, wine or beer and which contains one-half of one percent or more of ethyl alcohol by volume, and which is fit for consumption either alone or when diluted, mixed or combined with other substances.

C. The city manager shall post signs advising of the prohibitions of this section at periodic locations along the area subject to this section. For the purposes of this section, that area of the Atchison, Topeka and Santa Fe Railroad right-of-way licensed to the city for use as a public recreation area shall be construed to be that area of the railroad right-of-way located westerly of the railroad tracks between the northerly and southerly boundaries of the city. (Ord. 79 § 2, 1989; Ord. 29 § 1, 1987; 1987 Code § 8.02.080)

11.12.090 Glass containers prohibited – Railroad right-of-way.

A. No person shall possess any glass container for food or beverage within that portion of the Atchison, Topeka and Santa Fe Railroad right-of-way licensed to the city for public recreation use.

B. The city manager shall post signs advising of the restriction of this article at periodic locations within the area subject to the restrictions.

C. For purposes of this section, that area of the Atchison, Topeka and Santa Fe Railroad right-of-way licensed to the city for use as a public recreation area shall be construed to be that area of the railroad right-of-way located westerly of the railroad tracks between the northerly and southerly boundary of the city. (Ord. 79 § 3, 1989; Ord. 29 § 1, 1987; 1987 Code § 8.02.090)

11.12.095 Alcohol prohibited on city beaches during certain hours.

A. No person shall consume any alcoholic beverage or possess any open container of any alcoholic beverage upon or in any public beach within the city or adjoining park or bluff areas or any public beach access points.

B. Alcoholic beverages include alcohol, spirits, liquor, wine, beer and every liquid or solid containing ethyl alcohol, spirits, wine or beer, and which contains one-half of one percent or more of ethyl alcohol by volume, and which is fit for consumption either alone or when diluted, mixed or combined with other substances. (Ord. 398 § 3, 2009; Ord. 388 § 3, 2008; Ord. 91 § 2, 1989; Ord. 89 § 5, 1989; 1987 Code § 8.02.100)

Article II. Public Nudity Prohibited

11.12.100 Purpose and intent.

A. The presence of persons who are nude and exposed to public view in or on public rights-of-way, public parks, public beaches or any other public land, or in or on any private property open to public view from any public right-of-way, public beach, public park, or any public land is offensive to members of the general public unwillingly exposed to such persons. The parks and beaches are owned by the city, are operated and maintained for the use, benefit, recreation and enjoyment of all citizens and residents of the city. It is in the public interest, and necessary to the public health, safety and welfare that the parks and beaches be utilized and enjoyed by as many persons as possible. The maximum utilization and enjoyment of the parks and beaches can only be obtained through the imposition of regulations regarding activities thereon. The appearance of some persons utilizing the parks and beaches without clothing, and with the private parts of their bodies exposed unreasonably interferes with the right of all persons to use and enjoy the parks and beaches by causing many persons to leave, and others not to come to the parks and beaches. Such conduct and behavior imposes an extraordinary and unusual burden on city employees charged with the maintenance of the parks and beaches and the preservation of the safety and well being thereof.

B. The provisions of this article are enacted for the purpose of securing and promoting the public health, morals and general welfare of all persons in the city. (Ord. 29 § 1, 1987; 1987 Code § 8.04.010)

11.12.110 Nudity defined.

Whenever in this article the word “nude” is used, it means devoid of an opaque covering which covers the genitals, vulva, pubis, pubic symphysis, pubic hair, buttocks, natal cleft, perineum, anus, anal region, or pubic hair region of any person or any portion of the breast at or below the upper edge of the areola thereof of any female person. (Ord. 29 § 1, 1987; 1987 Code § 8.04.020)

11.12.120 Public place defined.

Whenever in this article the words “public place” are used, they mean any public beach, park, street or waters adjacent thereto, or any place open to the public or exposed to public view, including specifically a view from any private residence or any portion of the real property in the immediate vicinity of such private residence, whether such place is publicly or privately owned. (Ord. 29 § 1, 1987; 1987 Code § 8.04.030)

11.12.130 Public nudity prohibited.

It is a public nuisance and unlawful for any person to appear, sunbathe, bathe, walk, disrobe or otherwise be nude in any public place except in those portions of a comfort location expressly set aside for such purpose. Any person who violates any of the provisions of this article is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than $1,000, or by imprisonment in the county jail for a period of not more than six months, or by both fine and imprisonment. (Ord. 29 § 1, 1987; 1987 Code § 8.04.040)

11.12.140 Exceptions.

This article shall not apply to:

A. Persons under the age of 10 years;

B. Persons engaged in a live theatrical performance performed in a theater, concert hall or other similar establishment which is predominantly devoted to theatrical performances;

C. To any act or acts which are expressly authorized or prohibited by the Penal Code of the state of California. (Ord. 29 § 1, 1987; 1987 Code § 8.04.050)

Article III. City Hall

11.12.200 Unlawful activities on City Hall premises.

A. It is unlawful for any person to do any of the following acts upon the City Hall premises:

1. To park any vehicle between the hours of 12:00 midnight and 6:00 a.m. Vehicles parked in violation of this restriction may be towed according to the provisions of the California Vehicle Code. This restriction shall not apply to vehicles owned by the city, by city officer or employee, or by any agency or department of the state of California or county of San Diego;

2. To camp, lodge, or sleep between the hours of 12:00 midnight and 6:00 a.m.;

3. To distribute any handbills, circulars or advertisement, or to post, place or erect any bills, notice, paper or advertising device or matter of any kind. This restriction shall not apply to the distribution of matters related to city business at any meeting of the city council or any city board or commission, or to matters posted or distributed by an officer or employee of the city with the permission of the city manager, or as authorized by the city’s personnel rules and regulations;

4. To sell, or offer for sale, or to rent or lease, or to give away any merchandise, article or thing, whatsoever, unless having first been granted a permit therefor by the city council;

5. To ride or propel a skateboard.

B. The city manager shall post signs in appropriate locations giving a notice of the restrictions and prohibition of subsections (A)(1) and (5) of this section and may post signs in appropriate locations giving notice of all other restrictions and prohibitions. (Ord. 204 § 1, 1994)

Article IV. Violations

11.12.210 Violation – Penalty.

A. Unless otherwise provided, a violation of any provision of this chapter or failure to comply with any requirement thereof shall be punishable as provided in Chapters 1.16 and 1.18 SBMC.

B. Each day or portion thereof that a violation of this chapter exists shall constitute a separate violation.

C. Each violation of this chapter, in addition to the offenses under this section, shall constitute a public nuisance. (Ord. 449 § 3, 2014)

Chapter 11.12PUBLIC PROPERTY AND PLACES

11.12.010 Definitions.