Manhattan Beach Municipal Code Ch. 12.08 Beach Regulations—rules and Regulations

Repealed by § 1, Ord. 1930, eff. July 30, 1995

No person shall bring, maintain, ride or lead any cattle, horse, mule, burro, donkey, goat, sheep, swine, dog, cat, or other animal of any kind onto, on, upon, or along any beach or into the waters of the Pacific Ocean adjacent to any beach.

(§ 2, Ord. 1253, eff. September 2, 1971; § 4, Ord. 1757, eff. August 20, 1987)

No person shall cast, toss, throw, kick, or roll any ball, tube or any light object other than volleyballs, footballs and Frisbees over any beach regulated by this chapter upon or over any waters of the Pacific Ocean opposite such beach except at an event which is sponsored by the City of Manhattan Beach.

(§ 2, Ord. 1253, eff. September 2, 1971; § 3, Ord. 1930, eff. July 30, 1995)

No person shall swim, bathe, or immerse himself in the water of the Pacific Ocean opposite any beach regulated by this chapter more than two hundred (200) yards from the shore except:

A. A person who is the owner of a vessel, or who acts at the request of such owner while engaged in servicing or repairing such vessel, and then only in the immediate area of such vessel.

B. A person engaged in the sport commonly known as aquaplaning, water skiing, or any derivations thereof, provided that such person is at all times wearing a safety belt approved by the Director or the Chief of Police.

C. A skin diver equipped with swim fins and a face plate if at all times he maintains within fifty (50) yards of himself a boat or a surf mat, paddle board or surf board upon which there is a rectangular flag twelve (12") by fifteen (15") inches, orange-red in color with a white diagonal stripe three inches wide running from one corner to the diagonally opposite corner. The flag shall be flown high enough so as not to touch the water.

D. No person shall surf more than fifty (50) yards beyond the farthest breaking wave when such farthest breaking wave is more than one hundred fifty (150) yards from shore.

E. No person shall jump, dive or throw himself from the pier which extends into the Pacific Ocean at the foot of Manhattan Beach Boulevard unless such action is immediately then and there incident to or required in connection with the actual saving or actual attempt to save any person from drowning, injury or other imminent peril. This section shall not apply to duly authorized lifeguards, police officers or officials of the City in the actual performance of their official duties.

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

No person shall operate any vessel within two hundred (200) yards of the shoreline of any beach regulated by this chapter except when necessary in the case of emergency or upon special permit issued by Council.

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

Repealed by § 6, Ord. 1757, eff. August 20, 1987

No person shall disturb the peace and quiet of any beach by:

A. Any unduly loud or unusual noise; or

B. By tooting, blowing, or sounding any automobile siren, horn, signal or noise-making device; or

C. By any tumultuous conduct; or

D. By the use of any vulgar, profane or indecent language, therein; or

E. Lewd, indecent conduct.

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

No person shall light or maintain any fire on the beach.

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

(Repealed by § 2, Ord. 1748, eff. May 7, 1987.)

No person shall:

A. Cast, extend, set, use or draw, or assist in casting, extending, setting, using or drawing any seine or net of any kind for the purpose of catching fish within a distance of one (1) mile from the mean high tide line of the City.

B. Place, throw, or cast fish or parts thereof ("chum") or other debris into the water.

C. Fish with any line other than a monofilament line. A maximum forty (40) pound test line weight is allowed.

D. Fish with any steel, metal, or braided leader line.

E. Fish with any hooks larger than a 4/0 or three inches (3") in length by two (2") inches in width.

F. Fish using more than two (2) hooks on a single line.

G. Fish with any fishing tackle, line, hook or other equipment in a manner that is dangerous to persons using the beach or the water. Any person fishing from the beach shall comply with any direction given by the City's police officers or any lifeguards as may be necessary to safeguard lives, persons and property near or in the vicinity of any person fishing.

(§ 2, Ord. 1253, eff. September 2, 1971, as amended by § 2, Ord. U14-0013, eff. 8-12-14)

No person shall dig, remove, destroy, injure, mutilate, or cut any tree, plant, shrub, bloom or flower, or any portion thereof, growing on the beach. No person shall remove any wood, turf, grass, soil, rock, sand or gravel from the beach.

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

No person shall place, throw, leave, keep or maintain any bottle, glass, crockery, sharp or pointed article or thing in such a manner that any person on a beach is or may be cut, pricked, or in any way injured thereby.

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

No person shall fasten or maintain any guy wire, guy rope or exterior bracing or support of any tent, lodge, shelter or structure between it or any portion thereof, and any structure, stake, rock or thing outside of such tent, lodge, shelter or structure unless otherwise first approved by the City of Manhattan Beach.

(§ 2, Ord. 1253, eff. September 2, 1971; § 4, Ord. 1930, eff. July 30, 1995)

Whenever any County lifeguard finds that because of extra high surf, riptide, or other hazardous conditions, it is unsafe for the average person to swim or bathe within a certain area of the waters of the Pacific Ocean opposite any beach regulated by this chapter, during the time such hazardous conditions exist such lifeguard may instruct all persons not to swim or bathe in such area. Every person shall comply with such instructions.

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

Repealed by § 6, Ord. 1757, eff. August 20, 1987

No person shall use in the Pacific Ocean opposite any beach regulated by this chapter any inflated equipment of any kind except a standard surf mat which is:

A. Constructed of a durable material with a non-slippery surface.

B. So constructed that, when inflated for use it will not fold in any direction.

C. Not smaller than twenty-four inches (24″) by forty inches(40″).

D. Not larger than thirty inches (30″) by sixty inches (60″).

E. Equipped with a safety rope.

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

Repealed by § 2, Ord. 1930, eff. July 30, 1995

No person shall loiter on any beach between the hours of 12:00 midnight and 6:00 a.m. of the following day in a manner that is not usual for law abiding individuals under the circumstances and warrants alarm for the safety of persons or property in the vicinity.

(§ 2, Ord. 1253, eff. September 2, 1971; § 5, Ord. 1757, eff. August 20, 1987; § 1, Ord. 1764, eff. August 18, 1987; § 1, Ord. 1768, eff. December 17, 1987)

In Sections 12.08.040, 12.08.050, 12.08.100 and 12.08.280 and whenever elsewhere, a distance from shore is specified, it shall mean the distance measured at right angles to the tangent of the actual line between the water and the unsubmerged beach as it exists at the time of measurement.

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

If the Director or the Chief of Police find that at certain times, or under specified restrictions, or at designated places a person can so operate a motor vehicle so as to not interfere in any way with the use of the beach, he may grant a permit to such person so to operate such motor vehicle upon payment of a fee established by the Council under separate resolution. No person shall bring to, or operate on, the beach any motor vehicle except as permitted by the Director or the Chief of Police and subject to all of the conditions which are a part of such permit. If permission to operate a motor vehicle is granted, a person shall park such motor vehicle only in those areas designated by the Director or the Chief of Police for parking.

(§ 2, Ord. 1253, eff. September 2, 1971, as amended by § 43, Ord. 1458, eff., June 17, 1976)

No person shall camp on or use for overnight sleeping purposes any beach or bring a house-trailer or similar vehicle on to any beach.

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

No person shall use any recreation building at any time except between the hours of 8:00 a.m. and 12:00 midnight of any day except upon written permit from the Director or the Chief of Police.

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

No person shall throw, place or dispose of any garbage, refuse, or can in any place on a beach other than into a can or other receptacle maintained therein for that purpose. No person shall throw, place or dispose of any waste paper or combustible refuse in any place on a beach other than into an incinerator or into some box, can, trench or receptacle maintained therein for that purpose.

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

No person shall erect, maintain, use or occupy on the beach any tent, lodge, shelter or structure unless such tent, lodge, shelter or structure shall have two (2) sides thereof entirely open, and unless there shall be an unobstructed view into such tent, lodge, shelter or structure from the outside on at least two (2) sides thereof.

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

No person shall discharge or shoot any firearms, air gun, slingshot or bow and arrow anywhere on a beach.

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

A. No person shall solicit, peddle, sell, or offer for sale any goods, wares or merchandise in any portion of the City lying westerly of the easterly line of the Strand except upon the pier or wharf and in the pavilion building thereon, provided however that, with the approval of the City Council sampling shall be permitted.

B. No person shall solicit, peddle, sell or offer for sale any goods, wares or merchandise on the pier at the foot of Manhattan Beach Boulevard in the City without first having obtained a permit therefore from the Council.

C. During major volleyball tournaments on the beach at the Manhattan Beach pier, when recommended by the Department of Recreation of the City, food sales will be allowed with Council permit, but subject to the following conditions:

1. Sales will be allowed on sand only from established booths located within one hundred (100) yards of the south edge of the pier, and only on the south side. No vendor shall conduct any sales or dispense merchandise from a location outside of a booth;

2. Liability insurance must be provided with the City named as also insured and to the limits recommended by the City Risk Manager;

3. The City's hold harmless and contract endorsement forms must be signed by the seller;

4. Any booth shall consist of a ten foot by ten foot (10′ × 10′) structure (approved by the Fire Department). Any booth shall be dismantled and completely removed from the beach within two (2) hours of the conclusion of the event;

5. All vendors shall have a valid City of Manhattan Beach business license.

(§ 1, Ord. 1822, eff. July 19, 1990: § 2, Ord. 2073, eff. April 1, 2005)

No person, other than a duly authorized beach employee, in the performance of his duties, shall:

A. Cut, break, injure, deface or disturb any rock, building, cage, pen, monument, sign, fence, bench, structure, apparatus, equipment or property on a beach, or any portion thereof.

B. Mark or place thereon or on any portion thereof any mark, writing, or printing.

C. Attach thereto any sign, card, display or other similar device.

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

A. No person shall use, possess or operate in the waters of the Pacific Ocean opposite any beach regulated by this chapter any object commonly known as a surfboard, paddle board or similar device (but not including surfmats and belly boards) at such times when said waters are restricted for swimming and bathing only.

Such restriction shall be effective when a yellow flag having dimensions of not less than two feet by two feet (2′ × 2′) and having a solid black circle in the center (commonly known as a "blackball flag") is prominently displayed from a lifeguard tower, lifeguard station, pier or similar structure under the control of the Department of Beaches. At such times as the blackball flag is displayed, swimming and bathing only shall be permitted in the waters of the Pacific Ocean opposite those areas of the beach within two hundred (200) yards of the point of display of said blackball flag, provided, however, that where said blackball flag is displayed from consecutive operational lifeguard towers, lifeguard stations and similar structures under the control of the Department of Beaches along a beach regulated by this chapter then all waters of the Pacific Ocean opposite said beach shall be restrict to swimming and bathing only.

Such restrictions shall also be indicated by pairs of red flags put in place by the Director. At such times as said red flags are displayed, swimming and bathing only shall be permitted in the waters of the Pacific Ocean opposite those areas of the beach lying between a given pair of such red flags.

B. No person shall use, possess or operate in the waters of the Pacific Ocean opposite any beach regulated by this chapter, any object commonly known as a surfmat, paddle board, belly board, surfboard, or similar device except within two hundred (200) yards from shore or seventy-five (75) yards seaward of the point at which the average wave is breaking, whichever distance is greater, or when used by a skin diver to hold flag required by Section 12.08.040.

C. No person shall bring or permit or allow in the waters of the Pacific Ocean opposite any beach regulated by this chapter any object commonly known as, or used as, a paddle board or surfboard, within one hundred feet (100′) of any person in the waters thereof who was not at the time using or possessing a similar object.

D. Notwithstanding any provision of this section, the Director may from time to time designate certain areas to be used exclusively by persons using surfboards and paddle boards. 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 swim or bathe in the waters of the Pacific Ocean included in an area so designated except while using a surfboard or paddle board or as is necessary in order to use a surfboard.

E. A person in violation of the restrictions set forth in this section shall not fail, refuse or neglect to leave the waters of the Pacific Ocean opposite any beach regulated by this chapter when such restrictions are in force.

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

Editor's note— Ord. No. U14-0013, § 5, adopted August 12, 2014, repealed § 12.08.290, which pertained to surf fishing, and derived from Ord. No. 1253, effective September 2, 1971.

No person shall throw, or otherwise propel, any missile, or mud or sand anywhere on the beach.

(§ 2, Ord. 1253, eff. August 3, 1971)

No person shall appear, bathe, sunbathe, walk or be in any public park, playground, beach or the waters adjacent thereto in such a manner that 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, is exposed to public view or is not covered by an opaque covering.

A. This section shall not apply to children under the age of ten (10) years.

B. This section shall not apply to live theatrical performances performed in a theater, concert hall, or other similar establishment located on public land.

C. This section shall not apply to the interior of any public restrooms or clothes changing facilities.

(§ 1, Ord. 1253, eff. August 3, 1971, Repeals Ord. 69, 218, 275, 309, 320, 322, 379, 395, 447, 515, 517, 615 and 846; as added by § 2, Ord. 1415, eff. June 19, 1975)

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

"Beach" shall mean and include the sandy area on either side of the mean high tide line all the way up to, but not including the strand walkway or the parking lots on the west side of the strand walkway and shall also include the entire Manhattan Beach Municipal Pier.

"Smoke" means the gases, particles, or vapors released into the air as a result of combustion, electrical ignition or vaporization, when the apparent or usual purpose of the combustion, electrical ignition or vaporization is human inhalation of the byproducts, except when the combusting material contains no tobacco or nicotine and the purpose of inhalation is solely olfactory, such as, for example, smoke from incense. The term "smoke" includes, but is not limited to, tobacco smoke, electronic cigarette vapors, and marijuana smoke.

"Smoking" means engaging in an act that generates smoke, such as, for example: Possessing a lighted pipe or a lighted hookah pipe; operating an electronic cigarette, a lighted cigar, or a lighted cigarette of any kind; or lighting or igniting a pipe, an electronic cigarette, a hookah pipe, a cigar, or a cigarette of any kind.

B. Prohibitions.

1. No person shall smoke on the beach as defined in this section.

2. No person shall dispose of any cigarette, cigar or other tobacco product or any part thereof on the beach except in a designated waste disposal container.

C. Enforcement.

1. Each separate violation of this section is an infraction.

2. Punishment under this section shall not preclude punishment pursuant to Health and Safety Code Section 13002, Penal Code Section 374.4 or any other law proscribing the act of littering. Nothing in this section shall preclude any person, corporation or governmental entity from seeking any other remedies, penalties or procedures provided by law whether civil or criminal.

(§ 1, Ord. 2066, eff. November 5, 2004, as amended by § 3, Ord. 14-0008, eff. July 18, 2014)