Article 1 — Regulation of Public Beaches, Parks, Parking Areas and Recreation Facilities

(a)

The Director may promulgate rules and regulations for the reservation, rental and use of exclusive use facilities in all beaches and parks. The Director may also impose reasonable time, place and manner conditions in writing to ensure that public health, safety and welfare are protected during the use of exclusive use facilities. It is unlawful for any person to violate such rules, regulations or conditions.

(b)

"Exclusive use facilities" means recreation facilities and improvements in beaches and parks which, by their nature or due to their function, can only be used by one person or group at a time, and the use of which must accordingly be allocated. Such facilities include, but are not limited to, designated barbecue facilities, buildings, picnic tables and cooking facilities, but exclude play equipment and sanitary facilities.

(c)

Exclusive use facilities shall also include the indoor swimming pool at Oceana High School (hereafter the "Oceana Pool") when under City control and made available to the public for reservations. A reservation for the Oceana Pool shall not require a minimum number of persons. The maximum number of persons who may occupy this structure pursuant to a reservation is 500 persons, or the occupancy limit therein pursuant to the Pacifica Building Code, whichever is less. The use of Oceana Pool is exempt from the permit requirements of this chapter, except as hereafter stated, regardless of the number of attendees or participants under a reservation.

(d)

Reservations for Oceana Pool are subject to the following requirements:

(1)

Applications for reservations shall be made to the Director on a City approved form. The submission of a completed application to the Director shall not constitute a reservation. Persons who apply for a reservation shall execute a City approved indemnification form pursuant to Section 4-10.113(a) of this chapter. The Director shall not issue a reservation certificate if the indemnification form is not completed in its entirety and executed by all applicants.

(2)

Persons who apply for a reservation shall comply with Sections 4-10.113(b) through (g) of this chapter. The City may, in its sole discretion, attempt to obtain insurance if, at the time of application for a reservation, the applicant makes this request in writing. If the City obtains insurance, the cost shall accompany a completed application form and is nonrefundable. The City's election to not seek insurance, or its inability to procure insurance, shall not excuse applicant from the obligation to obtain insurance. The Director shall not issue a reservation certificate if Section 4-10.113 or Section 4-10.114 of this chapter has not been complied with first.

(3)

Each application for a reservation shall be accompanied by the required security and cleaning deposits as established pursuant to Section 4-10.115(c) of this chapter. The Director shall not issue a reservation

certificate if these deposits are not tendered. The application of a deposit, or a portion thereof, to a City claim, and any continuing liability therefor, is governed by Section 4-10.115(d) through (f) of this chapter.

(4)

The issuance of a reservation certificate shall not entitle or authorize any person to violate any federal, state or local laws, rules or regulations. Reservation certificates are nontransferable and any such attempted transfer renders the reservation null and void without further notice from the City.

(e)

Because of the limited number of available barbecue facilities and the high demand for their use, the Director shall set aside a percentage of the barbecue facilities in Frontierland Park and Sharp Park Promenade for reservation by groups during weekends in May and September and daily during the months of June, July, and August of each year.

(f)

Reservations of exclusive use facilities, other than for the Oceana Pool, are exempt from the permit requirements of Section 4-10.103 of this chapter, except as follows:

(1)

Events and major events shall comply with all requirements of this chapter. In such instances, persons shall apply for an event or a major event permit, as the case may be, and not for a reservation;

(2)

Applications for reservations shall be made to the Director on a City approved form. The submission of a completed application to the Director shall not constitute a reservation. Persons who apply for a reservation shall execute a City approved indemnification form pursuant to Section 4-10.113(a) of this chapter. The Director shall not issue a reservation certificate if the indemnification form is not completed in its entirety and executed by all applicants;

(3)

Persons who apply for a reservation shall comply with Sections 4-10.113(b) through (g) of this chapter. The City may, in its sole discretion, attempt to obtain insurance if, at the time of application for a reservation, the applicant makes this request in writing. If the City obtains insurance, the cost shall be paid by applicant and payment shall accompany a completed application form and is nonrefundable. The City's election to not seek insurance, or its inability to procure insurance, shall not excuse the applicant from any obligation to obtain insurance. The Director shall not issue a reservation certificate if Section 4-10.113 or Section 4-

(a)

The Director may promulgate rules and regulations in writing for the reservation, rental and use of the Pacifica Community Center (hereafter the "Center"). It is unlawful for any person to violate such rules and regulations.

(b)

The Center is available for reservation, rental and use on a year round basis unless determined otherwise by the Director. The use of the Center is exempt from the permit requirements of this chapter, except as hereafter stated, regardless of the anticipated number of attendees or participants under a reservation. Each application for a reservation of the Center shall include a nonrefundable payment for the City's cost of procuring insurance for the proposed activity or use.

(c)

Reservations for the Center are subject to the following requirements:

(1)

Applications for reservations shall be made to the Director on a City approved form. The submission of a completed application to the Director shall not constitute a reservation. Persons who apply for a reservation shall execute a City approved indemnification form pursuant to Section 4-10.113(a) of this chapter. The Director shall not issue a reservation certificate if the indemnification form is not completed in its entirety and executed by all applicants.

(2)

Each application for a reservation shall be accompanied by the required security and cleaning deposits as established pursuant to Section 4-10.115(b) of this chapter. The Director shall not issue a reservation certificate if these deposits are not tendered. The application of a deposit, or a portion thereof, to a City claim, and any continuing liability therefor, is governed by Section 4-10.115(d) through (1) of this chapter.

(d)

The City Council shall establish by resolution the amount of fees that are charged for reservations of each portion or area of the Center. Reservation fees shall not be refundable and may also be referred to as "use fees."

(e)

Reservations shall be made only for groups consisting of five (5) or more persons and shall be given on a first come, first served basis. Priority for reservations shall be given to groups consisting of a majority of City residents and organizations, groups, and businesses located in the City limits (hereafter the "reservation group").

(f)

Applications on a City approved form for a reservation of the entire Center or a portion thereof, shall be received by the Director at least ten (10) City business days prior to the proposed use, with the exception of applications to reserve the main auditorium, in which case, applications on a City approved form shall be received by the Director at least twenty (20) City business days prior to the proposed use. The application shall be executed by the applicant(s) under penalty of perjury. An application that does not contain all required applicable information, or all required accompanying information, as well as the required reservation fee, insurance payment and deposits shall not be processed and shall be returned to the applicant via first class mail postage prepaid. Any nonnegotiable check for these monies shall cause a reservation application to not be processed, or shall render any reservation upon which it is based to be rendered null and void without prior notice to the applicant. The Director may require a subsequent tender of a reservation fee to be paid in cash or by cashier's check, along with the reimbursement of any bank fees charged to the City for processing a nonnegotiable check.

(g)

The applicant(s) and all members of the reservation group shall be the responsible persons in connection with damage to the Center or to any City owned or controlled personal property therein and for the failure to leave the reserved room or area in a clean condition.

(h)

The Director may issue conditions for each reservation or use of the Center, including without limitation, those that address occupancy limits for each room in the Center and for the entire structure, parking capacity, the duration of amplified sound, the consumption of alcohol, the need for unarmed security persons at the applicant's sole expense in the auditorium and on exterior areas of the Center's premises,

the required presence of a fire official and requirements for the maintenance of public accessibility in this structure.

(i)

Upon an applicant's completion of all requirements for a reservation, the Director shall issue a reservation certificate which shall include the name of the applicant(s), the location and date of the reservation and the hours of its duration, and any conditions thereto. This certificate shall be mailed to the applicant via first class mail postage prepaid to the address stated in this application.

(j)

The issuance of a reservation certificate shall not entitle or authorize any person to violate any federal, state or local laws, rules or regulations. Reservation certificates are nontransferable and any such attempted transfer renders the reservation null and void without further notice from the City.

(§ 2, Ord. 692-C.S., eff. September 13, 2001, as renumbered by § 2, Ord. 725-C.S., eff. March 28, 2005)

(a)

The skatepark owned and operated by the City of Pacifica adjacent to the Crespi Community Center is designated as a City skatepark and in-line skate facility. No person shall ride or use a skateboard, roller skates, roller blades, in-line skates or similar device at the City skatepark without wearing a helmet, elbow pads and kneepads. Reasonable notice shall be posted at the skatepark to the effect that any person riding or using a skateboard, roller-blades, roller skates, in-line skates in the skateboard park must wear a helmet, elbow pads and knee pads and that failing to do so is in violation of the Municipal Code and subject to citation as an infraction.

(b)

The Director may promulgate rules and regulations in writing for the use of the skatepark. It is unlawful for any person to violate such rules and regulations.

(c)

The hours of operation of the skatepark shall be:

(i)

Monday through Saturday: 9:00 a.m. to sunset;

(ii)

Sunday: 10:30 a.m. to sunset;

(iii)

Notwithstanding the above, the skatepark may be closed at any time by the City.

(§ 3, Ord. 725-C.S., eff. March 28, 2005)

(a)

It is unlawful for any person, with or without a permit or a reservation, to perform, engage in or allow the occurrence of any of the following acts in any park, mini-park, or adjacent parking area, on any beach or beach parking area, or in any recreation facility (collectively referred to as "regulated area(s)"):

(1)

Camping at any time;

(2)

Participating in an event or major event at a beach or park without a permit pursuant to this article;

(3)

The violation of, or failure to comply with, any condition, limitation, rule, regulation, requirement or standard contained in this article;

(4)

Parking or stopping a vehicle in any adjacent parking areas for parks or mini-parks between the hours of 10:00 p.m. and 6:00 a.m., except tour buses in designated parking places;

(5)

Stopping, parking or leave standing any vehicle, whether attended or unattended, in a regulated area during hours of permitted use, except for vehicles parked in allotted parking spaces designated by painted or marked lines or in other City approved spaces. Nothing contained in this section shall authorize any person to stop, park or leave any vehicle in a regulated area in any manner that causes obstruction to another vehicle's ingress or egress to the area. To the extent this subsection may conflict with Chapter 18 [Use of Vehicles Off the Public Highways] in Title 5 of this Code, this section shall control. Vehicles may enter beach or parklands for unloading and loading of personal property when allowed by a condition of an event or major event permit;

(6)

Lighting, building, using or maintaining a fire except in a fireplace, barbecue facility or firepit that is provided for or designated by the City for such purpose. Fires allowed by this subsection shall be maintained at all times in a manner that does not threaten any person, nature or structure. Fires must be contained within the fireplace, barbecue facility or firepit, and no flame may exceed forty-eight (48) inches in height. Nothing stated in this subsection shall waive or modify any requirement, regulation or prohibition of the Pacifica Fire Code. Hot coals and embers shall be fully extinguished in the fireplace, barbecue facility or firepit and shall not be placed, dispensed, discarded or stored upon any beach, mini-park or parklands;

(7)

Having, possessing, or using any bottle, cup, dish, tumbler, jar or container having an exterior made of glass;

(8)

Having or possessing, whether on his or her person or otherwise, any alcoholic beverage. This subsection shall not apply to alcoholic beverages sold in any regulated areas by a person or organization licensed by the Alcoholic Beverage Control for such sale and approved by the Parks, Beaches and Recreation Department, or to City sponsored events approved by the Parks, Beaches, and Recreation Commission or the City Council;

(9)

Business activities as defined in Title 3, Chapter 1, Article 1 of this Code, unless such activities are sidewalk vending conducted in accordance with all requirements set forth in Title 4, Chapter 18;

(10)

Playing or engaging in golfing activities on a portion of a regulated area, except in places designated in writing for these activities by the Director;

(11)

Using motor-driven model airplanes, except in places designated for this activity by the Director;

(12)

Altering, cutting, damaging, destroying, digging, mutilating or removing any vegetation, including without limitation, turf, soil, grass, trees, shrubs or portions thereof, or any hardscape materials, in any regulated area. This prohibition shall not apply to City employees or designated agents, contractors or representatives acting in their official capacity and at the direction of the City or any permittee who is authorized by the Director to commit any of these acts;

(13)

Discharging or shooting any firearm, air gun, slingshot or bow and arrow in any regulated area;

(14)

Damaging, marking, defacing, tampering with or displacing or removing buildings, tables, benches, firepits, fireplaces, railings, paving or paving materials, public utilities, or parts thereof, signs, notices, or placards, whether temporary or permanent, monuments, stakes, posts, or other boundary markers, or other structures or equipment, facilities, or beach or park property, either real or personal;

(15)

Constructing or erecting any building or structure of whatever kind, whether permanent or temporary in character, or placing any utility lines (water, gas, electricity) or devices into, upon or across any regulated areas, except with the prior written approval of the Director. All such actions shall comply with all

requirements of the Pacifica Building Code and accompanying uniform technical codes, as well as the Pacifica Fire Code;

(16)

Entering upon any portion of a regulated area where prohibited by the Director or where signs indicate such prohibition;

(17)

Erecting or maintaining any overhead wires through any regulated area without the prior written permission of the Director;

(18)

Climbing any tree or walking, standing or sitting upon monuments, fountains, railings, fences, vases, or upon any other public property in regulated areas that are not designed or designated for such purpose;

(19)

Hunting, molesting, harming, trapping, chasing or throwing missiles, items or devices at any animal, reptile or bird, or removing or having in one's possession the young of any wild animal or the eggs or nest of any reptile or bird. This prohibition shall not apply to governmental agencies acting in the course and scope of their official duties;

(20)

Giving or offering, or attempting to give, to any animal or bird any noxious substance. This prohibition shall not apply to governmental agencies acting in the course and scope of their official duties;

(21)

Entering restrooms of the opposite sex by persons over five (5) years of age, except for attendants who accompany handicapped persons or City employees who do so in the course of discharging their official duties;

(22)

Interfering with or harassing any group or organized activity.

(§ 2, Ord. 692-C.S., eff. September 13, 2001; § 2, Ord. 791-C.S., eff. May 22, 2013; § 5, Ord. 840-C.S., eff. May 7, 2019)

Children left or sent to a regulated area alone shall be the responsibility of their parents or guardians and not of the Parks, Beaches and Recreation Department employees.

(§ 2, Ord. 692-C.S., eff. September 13, 2001)

Excepting beaches, no person shall enter, remain, stay or loiter in any park, mini-park or park or mini-park adjacent parking areas or at any recreation facility between the hours of 10:00 p.m. and 6:00 a.m. of the following day or in any beach adjacent parking areas between the hours of 10:00 p.m. and 5:00 a.m. of the following day.

Notwithstanding the above, no person shall enter, remain, stay or loiter on Linda Mar Beach or Rockaway Beach during the following hours: during standard time, as defined in California Government Code Section 6807-2, from 7:00 p.m. to 5:00 a.m.; and during daylight saving time, as defined in California Government Code Section 6807-3, from 10:30 p.m. to 5:00 a.m.

(§ 2, Ord. 692-C.S., eff. September 13, 2001, as amended by § 2, Ord. 720-C.S., eff. December 22, 2004)

Anyone using a beach, park, mini-park or recreation facility whether by permit, reservation or otherwise, shall abide by all of the rules and regulations pertaining to that particular public area or facility. It shall be unlawful for any person to violate any rule, regulation, condition, or any prohibition or limitation as set forth in this article.

(§ 2, Ord. 692-C.S., eff. September 13, 2001)

The Director shall forward all lost articles of personal property that come into possession of the Park, Beaches and Recreation Department to the Police Department forthwith for sale or disposal in accordance with California law.

(§ 2, Ord. 692-C.S., eff. September 13, 2001)

(a)

Except as hereafter provided, any violation of this article, or of any condition to a permit or to a reservation, shall be an infraction punishable as set forth in Section 1-2.01 of this Code.

(b)

The following violations of this article shall constitute misdemeanor offenses unless charged as infractions by the City Attorney pursuant to Section 1-2.01(e) of this Code:

(1)

Section 4-10.103 and Section 4-10.104(k) for conducting, maintaining, organizing, promoting or allowing an event or major event to occur without a permit. This shall not preclude a separate infraction offense for a violation of Section 4-10.118;

(2)

Section 4-10.118(a)(13), concerning the discharging or shooting of any firearm, air gun, slingshot or bow and arrow in a regulated area, and 4-10.118(a)(14), concerning damage to, or the displacement or removal of City owned or operated real or personal property;

(3)

Section 4-10.118(a)(19), concerning the harming or any animal, reptile, or bird;

(4)

Section 4-10.118(a)(20), concerning the offering or attempting to offer any animal or bird a noxious substance.

(§ 2, Ord. 692-C.S., eff. September 13, 2001)

If any provision or portion of this article is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the remaining portions of this article. The City Council declares that this article, and each section, subsection, sentence, clause and phrase thereof, would have been adopted by the City Council regardless of the fact that any other section, subsection, sentence, clause or phrase might be declared to be invalid or unconstitutional.

(§ 2, Ord. 692-C.S., eff. September 13, 2001)

Use of tobacco products on a beach is regulated by Pacifica Municipal Code Title 4, Chapter 15.

(§ 4, Ord. 739-C.S., eff. October 25, 2006)