3-9 — 12, in its entirety. Former Art. 2 pertained to poisons, and derived from the Cod

(a)

Definitions. The following terms as used in this section shall, unless the context clearly indicates otherwise, have the respective meanings herein set forth:

Certificate is a statement signed by the chief lifeguard, or the head or captain of the lifeguard service, for the City of Newport Beach, the City of Huntington Beach or the City of San Clemente that a person named in the statement has taken such examinations and passed such tests as demonstrate to such chief lifeguard or such head or captain of such lifeguard service that such person so named possesses the qualities set forth herein under the definition of "lifeguard."

Certified lifeguard means a lifeguard, as defined in this subsection who has been named in a certificate, as defined in this subsection.

Lifeguard means a male person at least eighteen (18) years old who has graduated from high school and who has a thorough knowledge of the ability to practice livesaving techniques, artificial respiration and first aid and who is in good health and who possesses good physical strength and ability and who is free from any physical defects.

Private beach means a place, within the unincorporated area of the County, used for the purpose of accommodating bathers, bordering upon or adjoining the seacoast, or bays or inlets therefrom, where members of the public, by paying an admission fee, may resort for the purpose of bathing in the open sea, or bays or inlets therefrom.

(b)

Establishing Number and Hours of Lifeguards Required. The Board of Supervisors shall, upon recommendation of the chief lifeguard, or the head or captain of the lifeguard service, for the City of Newport Beach, the City of Huntington Beach or the City of San Clemente, designate, by resolution, for each private beach the number of certified lifeguards, with a minimum of one (1), and the hours of duty which it considers reasonably necessary to provide an adequate lifeguard service for the protection of the public, with due regard for the number of bathers utilizing the particular private beach, and with due regard for such length and type of waterline as the particular private beach encompasses.

(c)

Failure To Maintain Number of Lifeguards.

(1)

Violation. Any operator, manager, owner, lessee or person in charge of a private beach, or the bathing facilities or bathing area thereof, or any part of such facilities or such bathing area, at which less than the number of certified lifeguards, as designated pursuant to subsection (b) of this section are employed and on duty, shall be deemed guilty of a misdemeanor.

(2)

Continued violation. Each such operator, manager, owner, lessee or person in charge shall be deemed guilty of a separate offense for each day or portion thereof during which any violation is committed, continued or permitted by such operator, manager, owner, lessee or person in charge.

(Code 1961, § 39.011)

Secs. 3-9-2—3-9-11. - Reserved.