Del Mar Municipal Code Ch. 8.04 General Regulations

A. The Head Lifeguard on duty is authorized to designate activity zones for the regulation of City beaches, waters, and parks. Designations of zones shall be made in consideration of:

1. The number of persons utilizing the area;

2. The surf, wave, and tide conditions;

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 may install signs at a designated zone that indicates 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. No. 479; Ord. No. 884)

A. It is unlawful for any person to drive, park, or allow to stand, any self-propelled vehicle on a public beach or public park unless the operator has previously obtained express approval from the City Manager or Lifeguard Captain.

B. Approval required by this section shall be given only to accomplish a public purpose and only for a temporary period subject to such conditions as are necessary to protect the public health and safety.

A. Within 100 feet of any other 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.

While upon any beach or sidewalk adjacent to a beach within the City, it shall be unlawful for any person to possess a container whose exterior surface is in any degree made of glass.

A. It is unlawful for any person to erect a tent on any public beach, park, and preserve, bluff top or open space. For the purposes of this section, a tent includes: a hut, tarpaulin, or any other temporary outdoor shelter used for sleeping or living quarters.

B. It is unlawful for any person to erect upon a City beach or park, a screen, beach cabana, or sun shade with more than two walls or which surrounds a central point by more than 180 degrees and which is larger than ten feet by ten feet in size.

C. It is unlawful for any person to erect a canopy on any public preserve, bluff top, or open space within the City; except for Powerhouse Park, Seagrove Park, or any public beach when:

1. The canopy is ten feet by ten feet in size or smaller.

2. For the purposes of this section, a canopy is defined as a protective roof-like covering, often of canvas or cloth and mounted on a frame, but can be supported by rope or cable.

D. This section shall not apply when express approval from the City Manager or Lifeguard Chief has been obtained or when approved and done in accordance with a permit issued by the City and therefore in effect.

(Ord. No. 884)

A. It is unlawful for any person to appear, bathe, sunbathe, or walk while in any public park, playground, beach or the waters adjacent thereto in such a manner that the genitals, vulva, pubis, pubic symphysis, pubic hair, 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 is exposed to the public view or is not covered by an opaque covering.

B. This section does not apply to children under the age of six years.

A. It shall be unlawful for any person to build, ignite or maintain a fire or flame upon any public beach, public sea wall, park land, preserve, trail, bluff top, open space, street end, or public right-of-way, except for portable barbecues or cooking stoves used in accordance with subsection B of this section. In addition to illegal fires, the following shall be prohibited: portable or removable fire pits, fire rings, burning of gel fuels, torches, flame lanterns, charcoal briquettes or other solid cooking fuel.

B. Only portable metal barbecues or cooking stoves used specifically for cooking purposes that utilize Liquid Propane (LP) or other similar liquid fuel shall be allowed. Only liquid fuel designed specifically by the barbecue/stove manufacturer may be used. Portable barbecues and stoves must be no greater than three cubic feet in size and must be elevated off the ground/surface so that no damage occurs to City property. Using a portable barbecue or stove as a heater and not for active cooking is prohibited. Use of barbecues and cooking stoves defined in this subsection are limited to Seagrove Park, Powerhouse Park and City beaches only.

C. It shall be unlawful to dispose of, deposit, throw, propel, dump, bury or leave behind any burned, ignited, burning, or unused fuel (solid, liquid, gel) material into any waterway or upon the public right-of-way, including but not limited to, beaches, sea walls, park land, preserves, trails, bluff tops, open spaces and street ends.

D. Subsections A. and B. shall not apply to fires or barbecues ignited or utilized when approved and done in accordance with a City permit and then in effect issued by the Lifeguard Chief, Fire Captain, or City Manager. A fire or barbecue permit may be revoked in the event that permitted activity creates a hazard or per the discretion of City staff and/or law enforcement.

E. Any violation of this section may be enforced as an infraction or a misdemeanor.

(Ord. No. 526; Ord. No. 884)

A. It is unlawful for any person to be upon the bluff top west of the railroad track between 11th Street and 85 feet north of 8th Street.

B. It is unlawful for any person to enter upon any coastal bluff or bluff preserve where signs or barriers maintained by the City designate such locations as closed to public access. It is unlawful for dog owners to allow their dogs to enter these prohibited areas.

C. It is unlawful for any person to enter upon the Scripps Bluff Preserve pathway or bluff top during the hours of darkness.

D. This Section does not apply to persons or vehicles used for maintenance, emergency, or restoration purposes.

E. Any violation of this section may be enforced as an infraction or a misdemeanor.

(Ord. No. 623; Ord. No. 884)

A. It shall be unlawful for any person to ride a bicycle upon any City park or preserve.

(Ord. No. 626)

A. No person shall dig, excavate, or cause to be dug any hole in the beach sand prohibited by subsections 1—5:

1. Any hole that exceeds two feet in depth; or that may create a potential hazard to public safety equipment, public safety personnel, or other beach users.

2. It shall be unlawful to bury any person below the sand grade level in a manner that may endanger the person's health or safety, pose a danger to other beach users, public safety personnel or public safety equipment.

3. It shall be unlawful to dig a hole of any size for the purposes of disposing of any waste or discarded product.

4. All holes dug by beach users shall not be left unattended by the responsible adult.

5. All beach holes dug, regardless of size, shall be filled prior to leaving the beach area.

a) The parents of any minor who engages in digging holes greater than two feet shall be held liable for each violation committed by the minor under this Chapter.

b) Any violation of this Chapter shall be enforced through the administration citation program set forth in Chapter 1.10 of the Del Mar Municipal Code.

c) Each violation of this Chapter shall be considered a separate offense.

d) Severability. If any section, subsection, subdivision, paragraph, sentence, clause, phrase or portion of this Chapter is, for any reason, held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this chapter. The City Council hereby declares that it would have adopted the ordinance codified in this chapter and each section, subsection, subdivision, paragraph, sentence, clause, phrase and portion of this chapter irrespective of the fact that one or more, sections, subsections, subdivisions, paragraphs, sentences, clauses, phrases, or portions thereof may be declared invalid or unconstitutional. To this end, the provisions of this chapter are declared severable.

(Ord. No. 1027, § 2, 2-17-2026)