Manhattan Beach Municipal Code Ch. 12.04 Beach Regulations—general Provisions

The provisions of this chapter shall apply to all ocean beaches in the City whether publicly or privately owned or maintained, which are maintained for the use of the general public by the State of California or by any department thereof, or by any other public body. This chapter does not apply to any parks except where a regulation is specified to apply in parks or playgrounds.

(§ 2, Ord. 1253, eff. September 2. 1971; § 3, Ord. 1415, eff. June 19, 1975)

A person shall not enter, be or remain on any beach unless he complies with all of the regulations set forth in this chapter applicable to such beach and with all other applicable provisions of this Code.

(§ 2, Ord. 1253, eff. September 2, 1971)

If any subsection, sentence, clause or phrase of this chapter is for any reason held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this chapter. The Council hereby declares that it would have adopted this section and each subsection, sentence, clause or phrase thereof irrespective of the fact that any one or more subsections, sentences, clauses or phrases be declared unconstitutional or invalid.

(§ 2, Ord. 1253, eff. September 2, 1971)

Whenever a power is granted to, or a duty is imposed upon the Director or the Chief of Police, the power may be exercised or the duty performed by a deputy of the officer or by a lifeguard or other person authorized, pursuant to law, by the Director or the Chief of Police, unless this chapter expressly provides otherwise.

(§ 2, Ord. 1253, eff. September 2, 1971)

The Director and the Chief of Police shall enforce the provisions of this chapter. Pursuant to Section 5380 of the Public Resources Code, in order to protect public beach areas bordering the Pacific Ocean which are owned, managed, or controlled by the County, in incorporated or unincorporated territory, from damage and in order to preserve the peace therein, the Director, Assistant Director, Deputy Director, captains of lifeguards, beach lifeguards (excluding recurrent lifeguards) and commanders of rescue boats in the Department of Beaches may issue citations in accordance with the provisions of Chapter 5b (commencing with Section 853.1) and Chapter 5c (commencing with Section 853.6), Title 3, Part 2 of the Penal Code, for misdemeanor violations of laws of this State and ordinances of the City and for infractions when specifically stated in this Code for violations of the laws and ordinances of the City (pursuant to Government Code Section 36900), when such violations are committed within such public beach areas and within their presence.

(§ 2, Ord. 1253, eff. September 2, 1971; § 2, Ord. 1757, eff. August 20, 1987)

The following violations of this chapter are hereby declared to be infractions and are punishable as described in Section 1.04.010 of this Code: Sections 12.08.010, 12.08.030, 12.08.080, 12.08.100, 12.08.120, 12.08.140, 12.08.170, 12.08.230, 12.08.240, 12.08.250, 12.08.280, 12.08.290, 12.08.300, 12.40.020, 12.40.030.

(§ 2, Ord. 1253, eff. September 2, 1971; § 3, Ord. 1757, eff. August 20, 1987)

A person exercising any of the privileges authorized by this chapter does so at his own risk without liability on the part of the City or County for any injury to persons or property resulting therefrom.

(§ 2, Ord. 1253, eff. September 2, 1971)

The provisions of this chapter are not applicable to acts performed:

A. In an emergency, for the purpose of protecting life or property.

B. By employees of the City, County or by employees of the State or other public body maintaining a beach, for the purpose of performing their duties.

C. For the purpose of giving instruction, training or exhibitions, when specific permission to give such has been received from the Director.

D. When special permit has been issued by the Council.

(§ 2, Ord. 1253, eff. September 2, 1971)