Orange County Municipal Code Art. 4 Beaches

This Article 4 of Division 5 shall apply to all beaches and water of the Pacific Ocean within the definitions of those terms as set forth in section 2-5-2 of said division.

(Ord. No. 99-21, § 2, 8-31-99)

(a) No person shall use any surfboard, paddleboard, bellyboard, skimboard or any other similar object made entirely or partially of wood, metal, hard plastic or any other hard substance in the Pacific Ocean unless designated as a hazardous water sport area by the Director or his/her authorized representative.

(b) A beach shall be designated as a hazardous water sport area when, in the discretion of the Director or his/her authorized representative, after considering weather conditions, water conditions and density of use, the use by a person of the type of boards designated in subsection (a) would be hazardous to any other person or persons.

(c) Prohibition of hazardous water sports as defined in subsection (a) shall be made by displaying from a lifeguard tower, station, pier or other structure a yellow flag having dimensions of two (2) feet by two (2) feet and having a solid black circle in the center one (1) foot in diameter, commonly known as a "blackball" flag. During the times such a "blackball" flag is displayed, swimming and bathing shall be the only activities permitted in the waters of the Pacific Ocean adjacent to the beach.

(d) No person shall use any hardball, softball, bat, football, volleyball, shotput, hammer throw, javelin, boomerang, flying saucer, or any other athletic apparatus or similar object, or conduct or participate in any sand throwing, blanket throwing, or engage in any form of aerial acrobatics where the participant is lifted off the ground with the aid of some apparatus through utilizing the force of the wind, or engage in any sport or activity on any beach so as to constitute a hazard to any other person.

(e) No person shall dig any hole in the sand exceeding a depth of two (2) feet and all persons responsible for digging any holes on the beaches shall see that such holes are filled before such persons leave the beach.

(Ord. No. 99-21, § 2, 8-31-99)

No person shall have any spear gun or any similar underwater fishing device in his possession on the shore of any park beach or recreational area unless the point of such device is covered by a sheath, cork or other protective device. No spear gun or similar weapon shall be kept cocked, loaded or otherwise prepared so as to be capable of being discharged while on the shore of any park beach or recreational area.

(Ord. No. 99-21, § 2, 8-31-99)

No person shall launch or remove any vessel from park waters or waters of the Pacific Ocean over any public seawall, sidewalk, street end or public property, except at locations where a regular business of launching and hauling vessels is conducted which has the necessary equipment to do such work, or in areas designated and posted for such purpose by a city in an incorporated area or by the Director elsewhere.

Any launching site so designated and posted may be regulated as to hours of launching, size of boats to be launched, type of boats to be launched and method and apparatus to be used in said launching. Any such regulation shall be based upon and be for the purpose of protecting the safety of persons using the beach and/or water, maintaining the peace and quiet of the immediate neighborhood of the launching site and insuring noninterference with the safe and orderly use of adjacent streets by the motoring public.

(Ord. No. 99-21, § 2, 8-31-99)

No person at any beach shall swim in, bathe in or enter the waters of the Pacific Ocean in an area where the Orange County Health Department or a city health department has caused a notice prohibiting swimming to be posted.

(Ord. No. 99-21, § 2, 8-31-99)

(a) Defined. "Open fire" shall mean any fire started or maintained in the open air and outside of closed structures or buildings.

(b) Location. No person shall light, have or maintain an open fire on any beach in any location where the Director has authorized posting of signs prohibiting such activity, nor, in any event in any location other than at or within fire rings, fireplaces, barbecue pits or other facilities provided by the County for such purposes.

(Ord. No. 99-21, § 2, 8-31-99)

No person shall erect temporary or permanent structures at any park, beach, or recreational area other than such structures as are provided in a written permit issued by the Director.

(Ord. No. 99-21, § 2, 8-31-99)

(a) No person shall have, possess or use any dangerous article or container such as a bottle, glass, crockery or other article used for carrying or containing any liquid for drinking purposes upon any beach or adjacent sidewalk area except as provided under a permit granted by the Director or designated agent.

(b) A person shall not place, throw, leave, keep or maintain any dangerous article or container such as a bottle, glass, crockery or sharp or pointed article on a beach or recreation area in such a manner that any person may be cut, or in any way injured thereby.

(Ord. No. 99-21, § 2, 8-31-99)

Whenever a vessel becomes wrecked or beached accidentally or otherwise on a beach owned or operated by the County, it shall be the duty of the owner to immediately remove it. Failure of the owner thereof to immediately commence the removal of such vessel and prosecute the removal diligently to completion, and failure to do so, shall constitute an abandonment of such vessel; provided, however, that any such abandonment shall not relieve such owner of responsibility for removal. Whenever the vessel has remained for a period of longer than (10) days, or whenever the abandonment of a vessel can be legally established in a less space of time the vessel shall be subject to be removed, sold or otherwise disposed of by the Director or designee at his/her discretion without liability for any damage to the owners of the same. Said vessel, in any case, shall not be returned to its owner, nor shall the proceeds of any sale be distributed to the former owner(s) until all expenses necessarily incurred by the Director or designee in performing the duties imposed herein are paid. Said expenses shall include a charge for storage and/or removal at rates determined by resolution of the Board of Supervisors. Storage fees shall be charged for each day said vessel is stored by the Director or designee.

(Ord. No. 99-21, § 2, 8-31-99)