Pacifica Municipal Code Art. 1 Regulation of Public Beaches, Parks, Parking Areas and Recreation Facilities

(a) It is the intent and purpose of the City Council in enacting the provisions of this chapter to provide for the safe use and enjoyment by the people of public beaches, parks, parking areas and recreation facilities in the City.

(b) The Parks, Beaches and Recreation department shall have responsibility for the administration of the provisions of this chapter for all public beaches, parks, parking areas and recreation facilities in the City.

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

For the purpose this chapter, the following terms, phrases, and words, and their derivations, shall have the definitions set forth in this section. When not inconsistent with the context, words used in the present tense shall include the future tense, words in the plural number shall include the singular number, and words in the singular number shall include the plural number.

(a) "Adjacent parking areas" means any off-street parking area maintained by the City and regularly used for the parking of vehicles at or near public beaches or parks. The areas that serve public beaches may also be referred to as "beach parking areas."

(b) "Beach" means that land lying between State Highway 1 in the City and the line of ordinary tide of the Pacific Ocean and shall be designated pursuant to Section 4-10.102.

(c) "City" means the City of Pacifica, a municipal corporation of the State, in its present incorporated form, or in any later reorganized, consolidated, enlarged or reincorporated form.

(d) "Camping" means the use of tents, tarpaulins or temporary shelters, and/or campsite equipment, or the use of cots, beds or hammocks for the purpose of, or in such a way as will permit, remaining overnight at a place or location. "Camping" also includes parking a camper vehicle or trailer or spending the night within, or within close proximity, of a camper vehicle or trailer.

(e) "Director" means the Director of the Parks, Beaches and Recreation Department or his/her designee.

(f) "Event" means any demonstration, assembly, festival, fair, concert or any other planned or likely gathering of fifty (50) or more persons at a beach or park at the same time and for the same collective purpose.

(g) "Major event" means any event that involves a planned or likely gathering of more than one hundred fifty (150) persons.

(h) "Mini-park" means a park in the City not exceeding 20,000 square feet. Given their limited size, mini-parks have considerably fewer facilities than parks.

(i) "Park" means public land that is controlled, owned or used by the City for active or passive recreation, other than areas designated as a "beach" or "mini-park".

(j) "Person" means any human being, partnership of every kind, joint venture, association, club, nonprofit or for-profit social or fraternal organization, corporation, estate, trust, organization, receiver, society, syndicate, or any combination thereof, as well as any other city, city and county, district, public entity or other political subdivision, and any group of persons or combination acting as a unit, whether for themselves, or as agents, servants or employees.

(k) "Permit applicant" means any person who conducts, maintains, organizes, promotes or allows any event or major event to occur in the City. Such persons may also be referred to as "permittees."

(l) "Recreation facilities" means and include all permanent and temporary structures as defined by the Pacifica Building Code that the City owns or maintains without leasehold interests and that are for general or public use on beaches, parks or mini-parks, and on adjoining parking areas. This term shall also include the Pacifica Community Center, a freestanding structure at 540 Crespi Drive, Pacifica that is not located at a beach, park or mini-park.

(m) "Vehicle" means any wheeled conveyance or device, whether motor-powered, animal-drawn or self-propelled. "Vehicle" shall include any trailer in tow of any size, kind or description. "Vehicle" shall not include baby carriages, wheelchairs, motorized or nonmotorized transport devices for handicapped persons, unicycles or bicycles and vehicles in service of the City or any other governmental entity while in use for official business. "Vehicle" shall not include a stationary vending cart or roaming vending cart, as those terms are used in Title 4, Chapter 18.

(§ 2, Ord. 692-C.S., eff. September 13, 2001, as amended by §§ 1, 2, Ord. 795-C.S., eff. June 28, 2013, § 5, Ord. 840-C.S., eff. May 7, 2019)

(a) The beaches are designated as follows: Pacifica State Beach, Rockaway Beach, Sharp Park Beach and Esplanade Beach.

(b) The beach parking areas are designated as follows: Pacifica State Beach Rest Area, the beach parking lot at the south end of Old County Road (a.k.a. Surfer's Lot); Rockaway Beach parking lot at the end of San Marlo, and the Palmetto Beach Access parking lot between the 700 and 800 block of Palmetto.

(c) The Director shall maintain a list of designated beaches, parks and mini-parks.

(d) The Director shall cause signs bearing the foregoing designations to be placed and regularly maintained at each beach, park, mini-park and the parking areas for such designated sites.

(e) The Director is authorized to designate additional beaches, parks or mini-parks that may be created or established in the future.

(§ 2, Ord. 692-C.S., eff. September 13, 2001, as amended by § 3, Ord. 795-C.S., eff. June 28, 2013)

Notwithstanding any provision of this Code to the contrary, no person shall conduct, maintain, organize, promote or allow any event or major event to occur in the City without first obtaining a permit as provided for in this chapter.

(§ 2, Ord. 692-C.S., eff. September 13, 2001, as amended by § 1 (part), Ord. 741-C.S., eff. November 23, 2006)

(a) The purpose of this section is to promote public awareness, knowledge and the preservation of beach ecosystems. Certain entities or organizations advance these objectives and the availability of a master permit will facilitate their access to beaches.

(b) The Director is authorized to issue a master permit for events and major events in the same calendar year to the entities or organizations hereafter described. A "master permit" is defined as a permit that authorizes an entity or organization designated in this section to conduct more than one event or major event at a beach in a calendar year. The maximum number of events or major events that may be allowed under a master permit is twelve (12). A master permit may not be issued for events or major events elsewhere.

(c) Applications for a master permit shall be made to the Director on a City approved form at least thirty (30) City business days prior to the first proposed event or major event. The application shall state whether events, major events, or a combination thereof, will be conducted pursuant to a master permit. The information required in this chapter for events and major events, as the case may be, shall be provided along with an application for a master permit. Additionally, an application for a master permit shall include a written schedule showing the date, time, location and anticipated number of attendees for each event or major event that is to be conducted pursuant to the master permit. A master permit shall not, at any time and in any manner, authorize the occurrence of a major event if said event was not disclosed in the application and all requirements for a major event have not been previously fulfilled. A master permit application shall also be accompanied by documents establishing that the applicant qualifies as a "designated entity" (see below) to the satisfaction of the Director. The failure to provide all required information with an application for a master permit shall render the application incomplete and a permit shall not be issued pursuant thereto. The submission of a completed application to the Director for a master permit shall not constitute a permit.

(d) Applicants and recipients of a master permit are subject to all of the provisions of this chapter, except as otherwise stated in this section. A master permit shall not entitle or authorize any person to violate any federal, state or local laws, rules or regulations.

(e) The Director shall issue a master permit to the following entities or organizations ("designated entity" or "designated entities") and to no other persons:

(1) Nonprofit organizations that exist for the purpose of protecting and improving the environment of beaches and other lands through education and member operated programs to lawfully preserve and restore such areas. Such institutions must have and maintain the appropriate tax designation or classification from federal and state taxing authorities for the period that a master permit is in effect. The loss of this designation or classification at any time renders a master permit null and void without further notice from the City;

(2) Religious institutions that, for the purpose of education or community awareness, conduct field trips or excursions to beaches for congregants. Such institutions must have and maintain the appropriate tax designation or classification from federal and state taxing authorities for the period that a master permit is in effect. The loss of this designation or classification at any time renders a master permit null and void without further notice from the City;

(3) Educational schools, institutions or school districts (collectively "schools") that, for the purpose of education or school projects, conduct student field trips or excursions to beaches. Such schools must have:

(i) The appropriate accreditation (from an accrediting agency recognized by the United States Department of Education);

(ii) All required certifications, permits and licenses (collectively "licenses") from all governmental agencies having jurisdiction thereof; and,

(iii) The appropriate tax designation or classification from federal and state taxing authorities for the period that a master permit is in effect. The loss of accreditation, a license, or the appropriate tax designation or classification at any time renders a master permit null and void without further notice from the City.

(f) The Director shall not issue a master permit without first determining that the applicant is a designated entity. If a master permit becomes null and void at any time, no event or major events may thereafter be conducted without the prior procurement of an event or major event permit from the Director. A master permit may not be converted or modified to constitute a permit for an event or major event at a different location.

(g) Permittees under this section are subject to all requirements, conditions, limitations, rules, regulations, procedures and prohibitions as stated in this chapter, except for the requirements of Section 4-10.115 relating to security and cleaning deposits and except for the requirements for a fee, which are hereby waived. The Director is authorized to require an applicant for a master permit to forthwith tender said deposits upon any prior instance where an applicant has, in the judgment of the Director, caused or contributed to damage of City property or allowed the site of an event or major event to be left in an unclean state.

(h) The recipient of a master permit may not alter, deviate from or amend the schedule of events or major events that accompanied its application, without the prior written approval of the Director. A proposed change of the date or time of an event or major event subject to a master permit must be received by the Director in writing at least fifteen (15) City business days prior to the event or major event.

(i) Applicants for or recipients of a master permit may not conduct, operate or sponsor any events or major events in conjunction with any persons, except other designated entities. Recipients of a master permit may not conduct membership drives or promotional or fundraising activities at any time pursuant to said permit.

(j) Master permits terminate on December 31 at 12:00 a.m. of each year and are not renewable. Applicants must apply annually for a master permit for events or major events that are proposed within the same calendar year. Event or major event permits, as well as master permits, are nontransferable and any such attempted transfer renders said permit null and void without further notice from the City.

(k) Any holder of a master permit who conducts, maintains, organizes, promotes or allows an event or major event to occur that was not authorized under a master permit, or approved in writing as changed date by the Director, is in violation of Section 4-10.103 of this chapter and may be charged with a misdemeanor pursuant to Section 4-10.123 (b)(1).

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

(a) An application for a permit shall be made to the Director at least twenty (20) City business days prior to an event and at least thirty (30) City business days prior to a major event. The submission of a completed application to the Director, whether for an event or a major event permit, shall not constitute a permit.

(b) The application for a permit shall be made in writing on a form approved by the Director, and shall be executed by the applicant under penalty of perjury. An application that does not contain all required applicable information, and all required accompanying information, as well as the required permit fee and security and cleaning deposits, shall not be processed and shall be returned to the applicant via first class mail postage pre-paid. Any nonnegotiable check for a permit fee and/or for deposits shall cause an application for an event or major event permit to not be processed, or shall render any permit 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 permit fee or deposits 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.

(c) In order that adequate arrangements may be made for the proper policing of the event or major event, the applicant shall, prior to the issuance of a permit, provide the City with the following information:

(1) The name, address, telephone and facsimile number of the applicant(s). If the event or major event will be conducted for, on behalf of, or by a person other than a human being, the name, street and mailing address and telephone and facsimile number of the headquarters of the organization or entity, and of the authorized head of such organization or entity shall be stated in the application. Where an event or major event will be conducted for, on behalf of or by an organization or entity, it will be considered a co-applicant;

(2) The name, address, telephone and facsimile number of all persons who are or will be responsible for the organization, operation, promotion and maintenance of the event or major event, including a photo identification of each such person and effective means by which to reach them during the event or major event, such as cell phone and pager numbers and their likely location during the event or major event;

(3) A description of the event, or major event including its purpose, proposed location, and the number of people that are expected or likely to attend;

(4) The date(s) of the event or major event;

(5) The hours that the event will start and terminate, including assembly and disassembly of devices or equipment involving the use of public property;

(6) The number and kind of vehicles, animals, musical instruments, sound units and any other equipment that produces sound or noise that will be involved in the event or major event, and whether amplified sound is proposed;

(7) The location of the proposed event or major event in the beach or park;

(8) The number and location of portable sanitation facilities and other equipment and services proposed for participants, if applicable;

(9) A description of arrangements that have been made for first aid or emergency medical services, or both, if applicable;

(10) A description of arrangements that have been made for security, including the name of the California licensed security provider;

(11) Insurance and indemnification information and proof thereof;

(12) Fully refundable cleaning and security deposits in amounts set by resolution of the City Council; and

(13) Such other information, in conformity with the requirements of this chapter, as the Director may reasonably require.

(d) Permit applications for major events shall also be accompanied by a site plan showing the location of the major event and the following systems or services:

(1) Police and security facilities and services;

(2) Food and water supply facilities;

(3) Medical and first aid facilities and services;

(4) Vehicle ingress, egress and parking facilities;

(5) The areas for any performances, grandstands or seats, showing the location of all aisles for pedestrian travel and other crowd control measures;

(6) The location, capacity and nature of all temporary lighting, sound, and public address facilities;

(7) The nature, source and location of firefighting equipment;

(8) The location and means of access for emergency vehicles;

(9) The system of markings and signs used to designate or delineate various areas of the event location; and

(10) All physical structures, whether existing or to be constructed or placed at the event location, including, but not limited to, fences, ticket booths, grandstands and stages.

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

(a) Any application that is received after the deadlines established in Section 4-10.105 is a late application. The Director shall not accept late applications unless he/she finds in writing that:

(1) The proposed event or major event is in response to an occurrence that did not reasonably allow the applicant to file a timely application; and,

(2) The imposition of the time limitations would place an unreasonable restriction on the free speech rights of the applicant.

(b) When the Director finds both of the above conditions to exist, he/ she shall accept and process the application and issue a permit pursuant thereto, unless the application does not meet the standards set forth in Section 4-10.108, or there is insufficient time for the City to make necessary preparations for traffic control or other public safety matters prior to the proposed date of the event or major event.

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

The Director shall cause each application for an event or major event permit to be circulated to the City's Building, Fire, Police, Planning and Public Works Departments for their review and comments.

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

(a) The Director shall issue a permit for an event or a major event unless one or more of the following conditions exist:

(1) The application is incomplete for failure to provide the information required by Section 4-10.105;

(2) The information contained in the application, including supplemental information, if any, is found to be false in any material respect, the purpose of the event is contrary to law, and/or the applicant has failed to meet the City requirements for a permit;

(3) A prior application for an event or major event to be held at the same time and place has been granted to another person;

(4) The event or major event will unduly interfere with vehicular ingress to, egress from, or travel on a freeway, state designated highway, or major arterial or collector street of the City;

(5) The event or major event will unreasonably interfere with fire or police protection, or public safety, including presenting a substantial or unwarranted traffic or safety hazard;

(6) The event or major event would involve a number of people exceeding the capacity of the beach or park for which it is proposed or the event or major event would involve amplified sound contrary to standards stated in this chapter;

(7) The security arrangements that have been made are inadequate and/or the service provider is not California licensed or otherwise qualified;

(8) One or more of the applicants or persons whose name is shown on the application was also named on an application for an event or major event in the City in the prior thirty-six (36) months, whereby:

(i) The previous event or a major event was conducted in such a manner that it resulted in a disturbance requiring the response of three (3) or more police officers and their efforts to quell said disturbance; or

(ii) A material misrepresentation or omission bearing on security, management or crowd control was made on the application in such a manner as to contribute to the disturbance described in paragraph (8)(i) of this section; or

(iii) A regulation or a restriction of a permit bearing on security, management or crowd control was violated in the course of the previous event or major event, or said person or persons violated another local or state law involving public health, safety or welfare.

(9) One or more of the applicants or persons whose name is shown on the application was responsible for an event or major event in a beach or park in another jurisdiction within the last twelve (12) months that resulted in prohibited actions under local or state laws in said jurisdiction.

(b) The applicant shall be notified in writing via first class mail and/or facsimile, if available, of the action of the Director in granting or denying the permit at least one day prior to the date of the proposed event or major event, unless the application was made late, in which case notification shall be given as soon as reasonably possible and by any reasonable means.

(c) If the permit is denied, the written notice briefly shall set forth reasons explaining the denial.

(d) Provided that the Director's written decision or notice is mailed to the applicant's address as stated in the application, the failure of any applicant to receive said decision or notice shall not preserve an applicant's right of appeal.

(e) The issuance of an event or major event permit shall not entitle or authorize any person to violate any federal, state or local laws, rules or regulations.

(f) Event or major event permits are nontransferable and any such attempted transfer renders said permit null and void without further notice from the City.

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

(a) Any decision by the Director to deny a permit under this chapter or to reject a late application, or with regard to any condition of a permit, may be appealed to the City Manager by letter within five (5) City business days of the date of the Director's notice. All appeals shall state the name, address, telephone number and, if available, the facsimile number of the person making the appeal and the reason(s) for the appeal. The failure to appeal the Director's decision or to file a timely appeal shall render the Director's decision final and the right to appeal is waived. The timeliness of an appeal shall be determined from the date the City Manager receives said appeal. The City Manager shall provide notice of the date, time and location of the appeal hearing to the appellant at the address stated in his or her appeal letter. Service of such notice shall be made by first class mail and/or facsimile, if available. The appellant's failure to receive a notice of hearing and his or her nonappearance shall not invalidate the appeal hearing. The City Manager shall conduct a hearing on a timely appeal and render a written decision within seven (7) City business days thereafter. The decision of the City Manager shall be final. No fee shall be charged for an appeal. The City Manager may delegate all of the duties of this subsection to another person.

(b) If a permit is denied, and the event or major event involves expressive conduct protected by the First Amendment to the California and United States Constitutions, the applicant may seek expedited judicial review under California Code of Civil Procedure, Section 1094.8.

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

(a) A permit shall contain the information given in the application and the Director, in consultation with the Fire and Police Chiefs, the Chief Building Official and the Planning and Public Works Department Directors, or their designees, may impose reasonable time, place and manner conditions to ensure that the event or major event will not pose a traffic or safety hazard or unreasonably interfere with fire or police protection services. The Director may also issue conditions stating limitations for each event or major event including those that address park and beach parking capacity, the duration of amplified sound, and requirements for the maintenance of public accessibility during events and major events. The conditions shall be in conformity with the requirements of this chapter and shall provide only for such modification of the proposed event or major event as is necessary to achieve compliance with this chapter. Such conditions may include, but are not limited to, requiring the applicant to:

(1) Maintain a twenty (20) foot wide emergency access lane at all times;

(2) Provide first aid stations and teams within the closed-off area to provide emergency medical aid to participants;

(3) Provide portable sanitation facilities and other equipment and services;

(4) Provide City approved barricades to close off streets or other areas;

(5) Provide sufficient signs and directional arrows to divert traffic and arrange for public transit detours, subject to the approval of the City Traffic Engineer;

(6) Provide monitors for crowd control and security at the rate of one unarmed security person per twenty-five (25) attendees and establish liaison with the Police Department concerning security. Security shall only be required for major events;

(7) Remove and lawfully dispose of all debris and litter from the event location and adjoining parking and public areas within four hours after the conclusion of the event or major event;

(8) Include in all advertisements about the event or major event a notice that parking in the area of the event is limited, encouraging attendees to take public transit and notifying them of relevant public transit information.

(b) Applicants shall carry the permit on their persons at all times during the event or major event and shall show it, upon demand, to any City employee.

(c) The Director may require as a condition of a permit that events and major events be monitored by City staff at the applicant's sole expense.

(d) Parks or beaches in which events or major events occur shall remain open to the public during the event, to the extent consistent with the park's or beach's capacity and given the nature of the event or major event. No beach or park shall be closed to the public during an event or major event.

(e) All events and major events in a park shall end no later than 10:00 p.m. There is no curfew for events and major events at a beach.

(f) Permittees shall ensure that accessibility for persons with disabilities is not impaired at any time by an event or a major event.

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

(a) With the exception of Frontierland Park, the other parks in the City have intense landscaping, limited open areas, and any recreation facilities thereon have occupancy limitations. For these reasons, major events shall not be conducted in any park in the City except at Frontierland Park. Major events at Frontierland Park shall not exceed 300 attendees.

(b) In consideration of the availability of vehicular parking and sanitary facilities, major events at beaches shall not exceed 300 attendees.

(c) Notwithstanding any provision in this chapter to the contrary, no events or major events may be conducted in a mini-park at any time, due to their limited size.

(d) In order to minimize noise disturbances to the public, the use of any electronic sound producing equipment or device, including, without limitation, amplifiers and speakers, is hereby prohibited at all times during an event or major event by any permittee or attendee except by prior written authorization of the Director, and is subject to the following limitations:

(1) No amplifier or other device with a power output exceeding 15 watts may be used at any time;

(2) The number, location, direction and hours of use of loudspeakers shall be subject to the written approval of the Director as set forth in the permit referred to in this chapter.

(e) Events and major events may not be conducted on adjacent parking areas at any time.

(f) City conducted events or major events are exempt from the application of this chapter.

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

(a) The Director, Police Chief or the Police Chief's designee may revoke a permit at any time, if he/she determines that, as a result of inclement weather, the conducting of an event or major event would damage the beach or park in which it is proposed.

(b) The Director, the Building Official, Fire Chief, the Police Chief or their designees may revoke a permit at any time, if he/she determines that any provision of this chapter or any condition or regulation pertaining to a permit has not been met or is being violated, or if a person responsible for the promotion or operation of the event or major event was not shown on the permit application.

(c) Police or Fire Department orders for attendees or participants to terminate their activities and leave the location of an event or major event shall not constitute the revocation of a permit when given because of an imminent life safety hazard or in the discharge of an official action or duty.

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

(a) All persons to whom a permit is issued shall execute an indemnification form as approved by the City Attorney by which the permit holder(s) shall agree to indemnify, hold harmless and defend the City, its officers, employees, agents and volunteers, against any and all claims, causes of action, penalties, losses, expenses (including reasonable attorneys' fees) and liability for injury to persons or property resulting from the acts of the permittee, or any of his agents or employees. The permittees shall further agree in writing to be liable to the City for any and all injury to persons or property or any other loss suffered by the City, or its agents, employees or volunteers, resulting from the actions of the permittee, or his agents or employees.

(b) In the case of a permit for an event or major event, such person shall furnish to the City Clerk proof that the permittee has obtained primary insurance against damages or injuries to persons or property as set forth in this subsection in the amount of not less than Two Hundred Fifty Thousand and no/100ths ($250,000.00) Dollars for personal injury, including accidental death, to any one person, and in an amount not less than Five Hundred Thousand and no/100ths ($500,000.00) Dollars on account of any one occurrence, and property damage liability insurance, in an amount not less than Two Hundred Fifty Thousand and no/100ths ($250,000.00) Dollars. In the case of a permit for a major event, the minimum primary insurance limit for each category of the foregoing coverage is One Million and no/100ths ($1,000,000.00) Dollars. Each policy of primary insurance shall name the City, its officers, agents, employees and volunteers as additional insureds. Each such policy shall further provide that coverage shall not be canceled subject to two (2) days advance written notification to the City by next day mail and facsimile to the Director of this action. 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 the payment shall be submitted with a completed application form and shall be nonrefundable. The City's election to not seek insurance, or its inability to procure insurance, shall not excuse the applicant from the obligation to obtain insurance.

(c) Each policy of insurance shall contain an endorsement that the insurance be considered primary with respect to any insurance the City may have, including any self-insured retention the City may possess. Any other insurance the City may have shall be considered excess insurance only and shall not contribute to the permittee's primary insurance.

(d) Each permittee shall comply with all applicable state laws pertaining to workers compensation and employer liability coverage.

(e) A certificate of primary insurance which is acceptable to the City in form and sufficiency shall be tendered to the Director at least five (5) City business days before the event or major event. The Director shall not issue a permit until and unless he or she receives an acceptable certificate of insurance.

(f) Insurance coverage shall remain in effect until the event or major event is concluded and all debris and litter is removed and lawfully disposed of.

(g) The requirements for insurance may be waived by the City based on the number of expected participants, the type of activity, the facility to be used, whether alcohol will be consumed and/or sold, and the existing liability coverage for the City, as determined by the Director. The Director shall, from time to time, promulgate a schedule of insurance requirements.

(§ 2, Ord. 692-C.S., eff. September 13, 2001, as amended by § 1 (part), Ord. 741-C.S., eff. November 23, 2006)

No permit applicant is required to comply with the insurance requirements of this chapter if the applicant certifies in writing to the Director under penalty of perjury that the proposed event or major event is protected by the First Amendment to the United States Constitution and the applicant certifies under penalty of perjury on a City-approved form that complying with the insurance requirements is impracticable, unless there is a specific, demonstrable history of personal injury or property damage claims being awarded against the applicant attributable to the applicant's conduct of previous events similar in nature to the proposed event. On such occasion, and unless the Director determines that the statements in such form are not true and correct, the Director shall, provided that all other requirements of this chapter are met, issue a permit. At no other time shall the requirement of insurance under this chapter by waived, except as set forth in Section 4-10.113(g) of this chapter.

(§ 1 (part), Ord. 741-C.S., eff. November 23, 2006)

(a) The City Council may establish by resolution the application fees that shall be charged for permits for events and major events issued under this chapter. Application fees are nonrefundable, except as otherwise stated in this section. Said fees may include the cost of monitoring events pursuant to Section 4-10.110 (c).

(b) If a permittee is unable to hold or conduct an event or to utilize an exclusive use facility because of inclement weather or due to some other cause not within the permittee's control, and the permittee submits written request for the refund of such fees to the Director within ten (10) days after the date that the event was to have been held or conducted, the Director may authorize the refund of any fees that are not necessary to reimburse the City's expenses, if any, for the preparation of the event.

(c) The City Council may establish by resolution the amounts of security and cleaning deposits that shall be charged for event and major event permits, as well as for the exclusive use of recreation facilities and the Pacifica Community Center. The Director may combine these sums in one deposit, which monies may be retained in a noninterest bearing City bank or checking account and are refundable, unless retained as hereafter provided.

(d) The Director may apply all or a portion of a security deposit to reimbursement to the City for the replacement or repair of any City owned or controlled real or personal property in the event of damage thereto that was caused or permitted to occur by event or major event permittees or by persons to whom a reservation was given (hereafter "registrants") pursuant to Sections 4-10.116 and 4-10.117 of this chapter.

(e) Written notice of the application of a security or cleaning deposit, or a portion thereof, to a City claim, and any additional claim of liability, as well as any refund of a security or cleaning deposit, shall be sent by the Director via first class to all permittees and registrants within twenty (20) City business days of the event, major event or reserved date. A permittee or registrant may appeal any decision of the Director with regard to a security or cleaning deposit by completion and execution of a City approved appeal form and its tender to the City Manager, provided that the City Manager receives the appeal form within ten (10) City business days of the date of the Director's notice. A hearing shall be conducted by the City Manager within ten (10) City business days thereafter, and the decision of the City Manager shall be final. Notice of hearing before the City Manager shall be sent to the appellant at the address stated in the appeal form via first class mail and/or facsimile, if available. The failure of an appellant to receive said notice shall not be cause for a new hearing. The failure of a person to appeal in a timely manner or to appear at an appeal hearing shall constitute a waiver of the right to appeal and shall render the Director's notice of application of a security or cleaning deposit, or a portion thereof, or a claim of additional liability, final. The City Manager may delegate all of the duties of this subsection to another person.

(f) Nothing contained in this chapter shall preclude the City from recovering its monetary claims for damages to City owned or controlled real or personal property, or for additional cleaning or disposal fees or expenses against all responsible persons in any other manner provided by law.

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

(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 4-10.114 of this chapter has not been complied with first.

(4) 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 (f) of this chapter.

(g) Applications on a City approved form for exclusive use facilities other than Oceana Pool shall not be accepted for any date prior to March 1 or after December 1 of that year. Applications on a City approved form for Oceana Pool shall be accepted for dates throughout the calendar year. The applicant(s) and all members of the reservation group shall be the responsible persons in connection with damage to City owned or controlled real or personal property, or the failure to leave a reserved exclusive use facility and the area immediately adjacent thereto in a clean condition. Every application for a reservation shall be executed under penalty of perjury and must be received by the Director at least ten (10) City business days prior to the proposed reservation date.

(h) The City Council may establish by resolution the amount of fees that are charged for reservations of exclusive use facilities. Reservation fees shall not be refundable and may also be referred to as "use fees."

(i) An application that does not contain all required information or the required monies shall not be processed and shall be returned to the applicant via first class mail postage prepaid. Any nonnegotiable check for a reservation fee, insurance and/or for deposits shall cause an application for a reservation to not be processed or shall render any certificate 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, an insurance payment or deposits 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.

(j) Reservations for exclusive use facilities shall be made only for groups consisting of ten (10) or more persons and shall be given on a first come, first served basis.

(k) 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").

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

(m) The Director may issue conditions for each reservation or use of an exclusive use facility, including without limitation, those that address occupancy limits for the interior of a structure, or portion thereof, parking capacity, the duration of amplified sound, the consumption of alcohol, the need for unarmed security persons at the applicant's sole expense, the required presence of a fire official and requirements for the maintenance of public accessibility in thereto.

(n) Upon completion of all of the 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, 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. Reservations shall be taken on a first come, first served basis. 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.

(o) City conducted activities are exempt from the application of this chapter.

(§ 2, Ord. 692-C.S., eff. September 13, 2001, as amended by § 1 (part), Ord. 741-C.S., eff. November 23, 2006)

(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)