Carpinteria Municipal Code Ch. 12.24 Public Parks and Beaches

For the purposes of this chapter the following definitions shall apply:

A. "Public beaches" means and includes all beach areas bordering the Pacific Ocean maintained by the city regardless of whether such beaches are used by right of dedication, lease, easement or adverse public uses.

B. "Public parks" means and includes all dedicated parks, parks established by adverse uses, and parks on leased property, all planted parkways, triangles and traffic circles maintained by the city, except the parkway strips between curb and sidewalk along the several streets and highways of the city.

(Prior code §§ 4901 and 4900)

Within the boundary lines of any of the parks or beaches, as defined in Section 12.24.010, it is unlawful for any person or persons to do any of the following acts:

1. To dump or deposit any trash, refuse, rubbish, litter or other kind of waste materials, except in approved containers specifically placed and designated to receive such waste materials;

2. To bring into or use any glass containers or objects in any public parks or beaches;

3. To start or maintain any fire, except in such areas as are specifically designated by the city manager for such fires, including stoves, barbecue pits, fire rings and the like;

4. To commit any act of vandalism, including the damaging or destroying of trees or their leaves, limbs or branches, bushes, shrubbery, equipment, signs, buildings or rooms, or to tear down or deface the same, or to pick any crops, fruit or flowers in any portion of such public park or beach;

5. To bring or use any firearms or air or gas or spring-propelled guns, slingshots, bows and arrows, javelins, discus, golf clubs and golf balls, or any similar projectile or projectile-throwing device, except that such may be permitted in such portions of public parks or beaches as are specifically determined to be safe for such uses and are so designated by the city manager;

6. a.

To discharge or set off any firecrackers, torpedoes, rockets or other fireworks except where a permit has been granted by the city manager;

b. The city manager shall grant such permit only where he finds that it is for an established civic celebration, the person proposing to discharge or set off said fireworks has the necessary skill and experience to do so, and that it can be done without endangering persons or property;

7. To stable, pasture or keep animals or insects;

8. 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;

9. 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. The city manager is given authority to post such signs;

10. To park any automobiles or any other vehicles in any public park or beach in the city, except in areas specifically designated as parking areas by the city manager;

11. 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, or string or install any public service utility into, upon, or across such lands, except on special written permit of the city manager. Each day such condition exists shall constitute a new and separate offense;

12. To hitch, fasten, lead, drive or let loose any animal or fowl of any kind, provided that this shall not apply when led by a cord or chain, not more than six feet long, or when a dog is located in an off-leash dog area pursuant to the requirements of Chapter 6.04;

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

14. Subject to Chapter 8.20, to camp or lodge therein except in areas designated and posted as camping sites by the city manager;

15. To play or engage in any sport or sporting event in any picnic area;

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

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

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

19. To sell or offer for sale or to rent or lease any merchandise, article or thing, whatsoever, unless granted a valid permit by the city council;

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

21. 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 paragraph does not apply to officers, agents or employees of the United States, the State of California, the City of Carpinteria, or other local governmental agency, when they are using motor-powered vehicles in the performance of their official duty, nor to 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 when permission is obtained from the city manager;

21A. 1.

To smoke a cigarette, cigar, or use any tobacco or tobacco-related product,

2. To smoke a cigarette, cigar, or other tobacco-related product within twenty-five (25) feet of any playground or tot-lot sandbox area, pursuant to Health & Safety Code § 104495, or

3. To dispose of cigarette butts, cigar butts, or any other tobacco-related waste within twenty-five (25) feet of a playground or a tot-lot sandbox area, pursuant to Health & Safety Code § 104495;

4. No company, society or organization of more than twenty-five (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, and it is 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 permission, appeal may be made to the city council within ten (10) days thereafter;

5. No person who is over eight (8) years of age shall 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;

6. For any persons 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;

7. Notwithstanding any provisions of Sections 12.24.010 through 12.24.020 the riding of horses or bicycles on designated bridle trails or bikeways is permitted;

8. Notwithstanding any of the provisions of Sections 12.24.010 through 12.24.040, nothing shall prevent the operation of motor vehicles and free right of public access over or across any validly dedicated public street or road in the city.

9. To use or operate any model airplane, model boat, model rocket, model car or other similar device that is motorized or powered except in an area, at such times, an in a manner as designated by the city manager. The city manager shall designate with on site signage and shall post such an area only when the powered models are limited to "park flyer qualified" or an equivalent designation and he has found that the time, place and manner of operation will not conflict with other park use or wildlife habitat. The city manager shall have the power to promulgate rules and regulations not in conflict with the provision of this section for the purpose of enforcing and implementing this section. A copy of such rules and regulations shall be on file in the city clerk's office.

(Ord. 598 § 2, 2004; Ord. 369 § 1, 1985; Ord. 247 § 23, 1978; prior code § 4902)

(Ord. No. 649, § 1, 3-14-2011; Ord. No. 733, § 5, 11-12-2019; Ord. No. 765, § 2, 5-8-2023)

A. Subject to Chapter 8.20, within any public park in the city, it is unlawful for any person or persons to do any of the following acts:

1. To be in or upon any public park from one-half hour after sunset to one-half hour before sunrise; or to camp or lodge therein except in areas designated and posted as camping sites by the city manager, without first obtaining from the city manager a special public park use permit pursuant to Section 12.24.022 or a special event permit pursuant to Chapter 10.68;

2. To drink or possess any alcohol, spirits, liquor, wine, beer and any liquid or solid containing alcohol, spirits, liquor, wine or beer, and which contains one-half of one percent or more of alcohol by volume as set forth in Section 9.08.010, without first obtaining from the city manager a special public park use permit pursuant to Section 12.24.022 or a special event permit pursuant to Chapter 10.68.

B. Within the boundaries of the Carpinteria Salt Marsh Nature Park it is unlawful for any person or persons to ride a bicycle, skateboard, rollerblades or other similar device. Bicycles, skateboards, rollerblades or other similar devices may be walked or carried in the park in an orderly manner. This prohibition does not apply to safe use of wheelchairs or other devices used for the mobility of the disabled.

(Ord. 472 § 2 (part), 1992)

(Ord. No. 644, § 3, 8-9-2010; Ord. No. 648, § 1, 3-14-2011; Ord. No. 765, § 2, 5-8-2023)

Any person or persons desiring to use a public park for a picnic, barbecue or other gathering at a time of the day, or day of the week, when such public park use is otherwise prohibited, and/or where consumption of any alcohol, spirits, liquor, wine, beer and any liquid or solid containing alcohol, spirits, liquor, wine or beer, and which contains one-half of one percent or more of alcohol by volume will occur, may make prior written application to the city manager for a permit allowing such use. The city manager shall make application forms available and, upon reviewing each application, shall determine on a case-by-case basis whether the applicant shall be required to obtain a special public park use permit pursuant to this section or a special event permit pursuant to Chapter 10.68. Typically, for smaller events, including but not limited to birthday parties and picnics, a special public park use permit shall be the appropriate permit. The city manager may condition the issuance of a special public park use permit upon the applicant's payment of a deposit sufficient to ensure cleanup and the applicant's agreement to hold the city harmless from the activities contemplated by the permit and to repair and replace any and all damage to city property which may occur during the special public park use. For larger events, the city manager may require a special event permit pursuant to Chapter 10.68.

(Ord. 472 § 2 (part), 1992)

(Ord. No. 644, § 3, 8-9-2010)

It is unlawful for any person or persons to sell, expose for sale or offer to sell in or along any public street, lane or thoroughfare adjoining or approaching any public park or beach in the city within two hundred feet of such park or beach, any goods, wares or merchandise of any kind whatsoever.

(Prior code § 4906)

It is unlawful for any person or persons to stand, keep or expose for hire, any wagon, carriage, automobile, or other vehicle, in or along any public street, lane or thoroughfare adjoining or approaching any public park or beach in such city, within two hundred feet of any entrance to such park.

(Prior code § 4907)

A. For the purposes of this section, the following definitions shall apply:

1. "Surfboard" means any board used for surfing on the water or water skimming which contains hard surfaces, including, without limitation, fiberglass, or any hard projection or surface of any kind or nature which is capable of inflicting cuts or bodily injuries to any swimmer or bather by reason of such hard surface or projection. "Surfboard" shall not include any board or device made wholly of soft or semi-soft plastic, rubber polyethylene foam, such as "boogie boards," without any hard projections or surfaces that would be capable of inflicting such cuts or injury.

2. "Motorized vessel" means any type of watercraft used or capable of being used as a means of transportation on water which is propelled by machinery, whether or not such machinery is the principal source of propulsion.

3. "Bathing beach" means that area of beach from the westerly property line of Carpinteria State Beach on the east to the easterly edge of Ash Avenue on the west.

4. The on-shore "launching area" means that area of beach from the easterly edge of Ash Avenue on the east to the westerly city limit on the west. The off-shore "launching area" shall extend three hundred feet from the mean high tide line and shall be bounded by the westerly city limit to the west and a parallel line of sixty feet to the east of the westerly city limit.

B. Within the limits of any bathing beach in the city and within three hundred feet seaward of the mean high tide line, it is unlawful for any person or persons to do any of the following acts:

1. To ride, float on, or otherwise use any surfboard, or to engage in the sport of surfing with a surfboard, or to ride with or on a surfboard, on ocean waves or swells or the surf;

2. To use or operate any motorized vessel;

3. To launch or land any motorized vessel;

4. To moor, store or otherwise maintain any raft, motorized vessel, boat or other privately owned equipment except as such may be specifically authorized by the city manager or his authorized representatives;

5. To consume an alcoholic beverage or possess an open container of any alcoholic beverage as set forth in Section 9.08.010.

C. Within the limits of any launching area in the city it is unlawful for any person or persons to do any of the following acts:

1. Launch any motorized vessel between the hours of eight p.m. and eight a.m.; except such motorized vessel may be launched if its engine is not used within three hundred feet of the mean high tide line;

2. Operate any motorized vessel in excess of five miles per hour;

3. Moor, store, refuel, service or otherwise maintain any raft, motorized vessel or boat or other privately-owned equipment except as such may be specifically authorized by the city manager or his authorized representatives;

4. Utilize, maintain or otherwise be in possession of trailers except when actually in the process of launching or retrieving any raft, motorized vessel or boat;

5. Launch any motorized vessel without first providing the on-duty lifeguard, if such lifeguard be on duty, with the State of California boat registration number (CF number);

6. Launch any motorized vessel without the operator thereof first familiarizing himself or herself with the rules, regulations, ordinances and statutes applicable to the permitted launching and operation of such motorized vessel in the area;

7. Operate any motorized vessel in violation of any applicable state or local law, ordinance, rule or regulation, including, but not limited to, limitations placed on noise levels;

8. Launch without the appropriate number of personal flotation devices. All vessels, regardless of the means of propulsion, must have on board a U.S. Coast Guard approved personal flotation device (PFD) for each person on board said vessel. Such personal flotation devices shall be in a serviceable condition.

D. The provisions of this section shall not be deemed to prevent the operation or use of surfboards, boats or vehicles by any police officer, lifeguard or other duly authorized and appointed employee of the city or State of California or any agency or instrumentality thereof while in the performance of such person's official duties.

E. Notwithstanding the definitions of "bathing beach" in subsection A3 of this section, and "on-shore launching area" in subsection A4 of this section, the city manager is authorized to establish a temporary alternate on-shore launching area at the seaward end of Linden Avenue, subject to all other terms and conditions of this chapter, when it is determined by the city manager that the use of the Ash Avenue on-shore launching area is either unsafe or unusable for launching vessels, and only until such time that the city manager determines that the Ash Avenue location is again usable for that purpose. Said temporary launching area shall not exceed twenty-five feet in width and shall be clearly marked and posted with signs indicating directions and regulations for use of said temporary launching area. Said on-shore launching area shall be open only when said signs are posted and in place. All users of said temporary launching area shall obtain a seasonal permit for such use from the city prior to using said launching area. In the event that use of the temporary on-shore launching area is determined by the city manager to constitute a public nuisance, as defined in California Penal Code Section 370, further use of said on-shore launching area shall be suspended pending a public hearing before the city council whose decision regarding further use of said temporary on-shore launching area shall be final.

(Ord. 506 § 2, 1994; Ord. 448 § 1, 1989; Ord. 426 § 1, 1988: Ord. 370 § 1, 1985: Ord. 358 § 1, 1984: Ord. 328 § 1, 1982; prior code § 4903)

(Ord. No. 644, § 3, 8-9-2010)

The city manager, city police or such other deputies as duly appointed and designated by the city manager, or any peace officer, shall have the authority to eject from any public park or beach any person acting in violation of Sections 12.24.010 through 12.24.050 or Section 12.24.090.

(Ord. 467 § 4 (part), 1991; Ord. 358 § 2, 1984: prior code § 4904)

The city manager, city police or such other deputies as duly appointed and designated by the city manager, or any peace officer, shall have the authority to seize and confiscate any property, thing or device in the parks or beach, used in violation of Sections 12.24.010 through 12.24.050 or 12.24.090.

(Ord. 467 § 4 (part), 1991: Ord. 358 § 3, 1984: prior code § 4905)

The city manager, city police or such other deputies as duly appointed and designated by the city manager, or any peace officer, shall have the power to arrest in connection with the enforcement of any of the provisions of Sections 12.24.010 through 12.24.050 or 12.24.090.

(Ord. 467 § 4 (part), 1991: Ord. 358 § 4, 1984)

A. Access to that portion of the city beach, starting at the base of the existing Chevron Pier and extending approximately seven hundred fifty feet easterly and westerly along the beach, with the exact boundary to be determined by the city manager (in consultation with qualified marine mammal experts), shall be closed at all times during the harbor seal pupping season, commencing each December 1st and ending May 31st of the following year.

B. During such period, dogs or other animals shall be prohibited from the closed beach area and from an area adjacent to the closed beach area (adjacent area), to be determined by the city manager (in consultation with qualified marine mammal experts). No person shall, at any time during such period, allow any dog or other animal to be in the closed beach area or in the adjacent area, as posted.

C. During such period, no person, without prior authorization of the city manager, shall enter the closed beach area.

D. The city manager shall post such information and warning signs in and around the closed beach area to identify the closed beach area and adjacent area, and may erect appropriate fences if such are found to be necessary.

E. During such period, no person shall operate or use motorized vessels (as defined in Section 12.24.050) within three hundred (300) feet seaward of the mean high tide line for the length of the closed beach area, and no person shall operate or use personal watercraft within one thousand (1,000) feet seaward of the mean high tide line for the length of the closed beach area. "Personal watercraft" means a motorized vessel under sixteen (16) feet in length, designed to be capable of speeds in excess of twenty (20) miles per hour, and designed to be operated by a person sitting, standing, or kneeling on, or being towed behind the vessel, rather than the conventional manner of sitting or standing inside the vessel.

(Ord. 470 § 4, 1991; Ord. 469 § 4, 1991: Ord. 469 § 4, 1991; Ord. 470 § 4, 1991: Ord. 465 § 4, 1991: Ord. 460 § 4, 1990)

Upon formation of Assessment District No. 5, and for the duration of the existence of Assessment District No. 5, the city shall contribute to Assessment District No. 5, from any sources of revenue not otherwise prohibited by law, an amount specified by the city council for the purpose of paying for a portion of the costs associated with the city's winter protection berm program conducted on the Carpinteria City Beach, and the payment of expenses incidental thereto for the use and benefit of Assessment District No. 5. All contributions by the city to Assessment District No. 5 shall be in an amount as determined by resolution or other appropriate action of the city council.

(Ord. 483 § 1, 1993)

A. For the purposes of this section, the following definitions shall apply:

1. "Skates" and "skating" refers to a shoe with metal frame that can be fitted to the sole of a shoe, or similar device with wheels attached. This includes roller skates and in-line skates, as defined at Chapter 10.62.010(A) of this code.

2. "Skateboard" and "skateboarding" refers to a deck board or other surface mounted on wheels for the purpose of personal locomotion, sporting activity or similar purpose, as defined at Chapter 10.62.010(B) of this code.

3. "Scooter" refers to a nonmotorized, human-powered wheeled recreational vehicle with a handlebar, deck and wheels that is propelled by a rider pushing off the ground, as defined at Chapter 10.62.010(C).

4. "Safety equipment" means, at a minimum, helmets, elbow pads and knee pads suitable to provide protection in the event of falls or collisions. Such equipment must be worn in the Carpinteria Skate Park at all times.

5. "Skate park" means Carpinteria Skate Park, located at 5781 Carpinteria Avenue in Carpinteria, California.

6. "Skating area" means those areas of the skate park designed and intended for use by persons riding skateboards or skates, and which shall be designated by signs.

7. "Special event" means a festival, concert, or other social event that is authorized by a special event permit issued by the city as outlined at Chapter 10.68.

B. City staff reserves the right to exempt special event participants from certain rules in this section for the duration of the special event.

C. The skate park is a "public park" and rules and regulations pertaining to "public parks" at Chapter 12.24 shall be applicable to the skate park. Use of the skate park is also subject to the following additional rules which are adopted for the reasonable protection to individuals and property:

1. All persons riding skateboards, scooters, or skates within the skate park must wear safety equipment in accordance with the safety equipment manufacturer's recommendations. The safety equipment must be in a serviceable condition. Reasonable notice shall be posted at the skate park to the effect that any person riding or using a skateboard, scooter, or skates in such park must wear a helmet, elbow pads, and knee pads, and that failing to do so is in violation of this chapter and subject to citation as an infraction under Chapter 1.08 of the Carpinteria Municipal Code.

2. Only nonmotorized skateboards, scooters and skates are allowed in the skate park. Prohibited devices include, but are not limited to, bicycles, and any motorized device whether electric or gas powered.

3. No person shall use, consume or possess food or beverages in the skating area. Only plastic or metal water bottles are allowed in the skate park.

4. No person shall use, or be under the influence of, alcohol, controlled substances, cannabis, or other mind-altering drugs while using the skate park.

5. No smoking (including vaping), or disposal of any cigarette, cigar, or tobacco-related product is allowed within the skate park.

6. No animals, including dogs or other pets, are allowed in the skate park, unless they are "service animals" as defined under Title II of the Americans with Disabilities Act (ADA) at 28 CFR § 35.136.

7. In addition to the prohibited items listed at Chapter 12.24.020(5), no person shall have a dangerous weapon in his or her possession in the skate park. Dangerous weapons shall include but not be limited to guns, knives, bats, clubs, or martial arts weapons.

8. In addition to the prohibitions listed at Chapter 12.24.020(4), no person shall apply, or cause to be applied, any vandalism, including but not limited to graffiti, tagging, stickers, or decals to any facilities in the skate park.

9. All persons shall skateboard or skate only in the skating area and shall not skateboard or skate in the parking areas, plaza area, walkways, on tables or benches or on the driveways of the skate park.

10. Skate park age restrictions for users may be established by city council resolution.

11. No personal amplified music devices are permitted in the skate park.

12. No person shall introduce, employ or use any unauthorized equipment, obstacle or apparatus including, but not limited to, ramps or jumps within the skate park.

13. No person shall engage in profanity, reckless or boisterous behavior (including, but not limited to, tandem riding, pushing, horseplay, and bullying) or any other activity that could endanger the safety of participants or spectators at the skate park.

14. All organized events, such as birthday parties and picnics, require a permit as outlined in Chapter 12.24.022 and Chapter 12.24.020(22) of this code.

15. Commercial filming activities require a permit as outlined in Chapter 5.72 of this code.

16. Commercial sales fitting the definition of peddler per Chapter 5.60.020(E) require a peddler's permit and approved location permit as outlined in Chapter 5.60 of this code.

17. All other commercial activities require permission from the director of parks, recreation and public facilities, which may be provided or withheld at the director's sole discretion, and may at the director's sole discretion require approval from city council.

18. Skateboarding, riding scooters and skating are prohibited when the skating area is wet.

19. No person shall skateboard, ride scooters or skate in the skating area when there is property damage that might pose a danger to participants in the skating area. Property damage should be reported immediately to the parks and recreation department.

20. Skate park hours are as posted. No entry is allowed at other times unless authorized by the city for a special event. Skate park hours will be adopted by city council resolution. City staff reserves the right to close the skate park whenever it determines that such closure is necessary for any reason including safety, maintenance, inclement weather, or gross violations of the rules and regulations.

21. The skate park will close in times of rain, thunder, lighting, or other inclement weather and will remain closed until surfaces are dried. If the park closes due to inclement weather within two hours of its published closing time, it will remain closed for the evening.

22. No person shall skateboard, ride scooters or skate at any times other than those established as the skate park hours.

23. Anyone caught in the skate park while closed will be prosecuted for trespassing. Trespassing is a class one misdemeanor punishable by 12 months in jail and/or a fine pursuant to CA Penal Code Section 602.

24. The city will develop a system for maintaining records of all known or reported injuries in the skate park in accordance with Health & Safety Code Section 115800.

25. Penalties for violation of skate park regulations can be a simple infraction or misdemeanor (criminal) violation, as defined at Carpinteria Municipal Code Chapter 1.08, at the discretion of the city attorney or district attorney. Typically, a person seen violating any regulation will either be advised to cease their activity or be issued a citation to appear in court in accordance with the procedure outlined in Carpinteria Municipal Code Chapter 1.12.

26. Any person who violates this chapter shall, in addition to any other criminal or civil penalties provided by this code, be subject to removal from the skate park for up to twenty-four hours, upon the order of any authorized employee or officer of the city. Any person convicted of three or more infractions of this article shall be permanently barred from the use of or entrance to the skate park.

D. The city manager or his/her designee, shall have the authority to develop administrative policies to implement the intent of this chapter. The city council may, from time to time, consider modifications to the administrative policies.

(Ord. No. 763, § 2, 3-13-2023; Ord. No. 769, § 3, 9-25-2023)