Pismo Beach Municipal Code Ch. 12.20 Public Beach and Pier Use Regulations

The whole of the publicly owned beach and ocean area within the city limits is designated as a safety zone and play area. (Ord. 95-05 § 2 (part), 1995)

It is unlawful for any person to drive or operate any motor vehicle, motorcycle, sailmobile, trailer, motor scooter, wagon, or any mechanically operated vehicle in the safety zone and play area, except for (i) non-motorized bicycles; (ii) emergency vehicles; (iii) vehicles authorized in writing by the city manager, director of public works and/or the chief of police; or (iv) vehicles used for the sole purpose of transporting people with physical disabilities. (Ord. O-2021-003, § 17, 2021: Ord. 95-05 § 2 (part), 1995)

It is unlawful for any person to ride or lead any horse, cow, donkey, mule, jackass or sheep in the safety zone and play area, except as otherwise provided in this chapter. Dogs are permitted on the beach subject to Section 6.12.150, Leash law. (Ord. 95-05 § 2 (part), 1995)

It is unlawful for any person to deposit, leave, place or throw, or cause to be left, deposited, placed or thrown any garbage or debris within the area of the safety zone and play area, except in the receptacles provided for that purpose. (Ord. 95-05 § 2 (part), 1995)

It is unlawful:

A. To ride or to use any surfboards, paddleboards or any similar objects made entirely or partially of wood, metal, glass, hard plastics or any other hard substance within one hundred feet of the pier;

B. To use any surfboard, paddleboard or similar object within the entire beach safety area in a manner that constitutes a hazard to any other person near or in the immediate vicinity of the person using said object;

C. To swim within one hundred feet of the pier;

D. To launch or operate jet skis within five hundred yards from the low mean tideline or within kelp beds and sensitive wildlife areas within the designated beach safety area of the city limits;

E. To fail or refuse to obey any reasonable command, order, instruction or direction of any police officer, fire safety personnel or lifeguard given in connection with or with reference to any use, operation, manipulation or handling of any board, surfboard, paddleboard, jet ski, etc.

F. Except for smoke generated by portable barbeques as authorized in Section 12.20.060, and except for ceremonial, religious or educational purposes, to smoke within the boundaries of the beach safety zone. As used in this subsection, "to smoke" means the carrying or holding of a lighted pipe, cigar, cigarette, or any other lighted smoking product or equipment used to burn any tobacco products, weed, plant, or any other combustible substance. Actions prohibited by this subsection include emitting or exhaling the fumes of any pipe, cigar, cigarette, or any other lighted smoking equipment used for burning any tobacco product, weed, plant, or any other combustible substance. A violation of this subsection is an infraction.

G. To dispose of cigarette butts, cigar butts, or any other smoking-related waste in the beach safety zone, except in any specifically designated smoking waste receptacle. (Ord. 07-02 § 2, 2007: Ord. 95-05 § 2 (part), 1995)

It is unlawful for any person to start, make or leave, or prepare to start or make any fire within the safety zone and play area. Exception: portable barbecues used exclusively for food preparation. Coals from barbecues shall not be discarded on the beach. (Ord. 95-05 § 2 (part), 1995)

Except as provided in Section 8.08.040 of this code, it is unlawful for any person to possess, store, offer for sale, sell at retail or wholesale or use or explode any fireworks within the beach safety zone and play area. (Ord. 95-05 § 2 (part), 1995)

No person shall land or operate any aircraft, including small unmanned aircraft systems such as drones, in the area of the safety zone and play area. (Ord. O-2021-003, § 18, 2021: Ord. 95-05 § 2 (part), 1995)

It is unlawful for any person to dig a hole, pit or excavation on the beach exceeding a depth of one foot, unless specifically authorized by city building or other permit. Any person who digs, or causes to be dug, any hole on the beach shall fill the hole before leaving the beach area. The city shall post adequate signs approved by the chief of police to inform the public of the prohibitions on digging. (Ord. 95-05 § 2 (part), 1995)

Clamming is permitted subject to the regulations contained in the California Department of Fish and Game's California Sport Fishing Regulations, Sections 29.20 and 29.40. (Ord. 95-05 § 2 (part), 1995)

The provisions of this chapter shall not apply to any vehicle, small unmanned aircraft systems, other aircraft, or animal operated, driven, or led into said safety zone and play area by an official lifeguard of the city, or by a member of the police or fire department, or by another official of the city, or another person acting under the direction of such official, when such use is in connection with the performance of the official duties of such official. The city manager or designee may grant additional temporary exceptions to the provisions of this chapter. (Ord. O-2021-003, § 19, 2021: Ord. 95-05 § 2 (part), 1995)

It shall be the duty of police officers, fire department personnel and lifeguards furnished by the city or any other law enforcement agency for the purpose of patrolling the beach and safeguarding lives and property upon the beach and in the waters adjacent to same within the city, to observe the manner in which all such boating, fishing and wave-riding devices or equipment are being handled and to issue such orders and commands, directions and instructions in connection with or with reference to the aforementioned activities as may be necessary to safeguard lives and person and property near and in the vicinity of such person so engaged. (Ord. 95-05 § 2 (part), 1995)

Every person using, manipulating or fishing with any fishing tackle lines, hooks, bait casting paraphernalia or other fishing equipment from any area of the city pier from which fishing is not prohibited shall have due regard for the safety of other persons near or in the vicinity of the person using said equipment. (Ord. 95-05 § 2 (part), 1995)

It is unlawful for any person to cast or to otherwise propel any hooks, plugs, line or other fishing tackle or paraphernalia in an overhead manner from any portion of the city pier at any time. (Ord. 95-05 § 2 (part), 1995)

Except for public agency training and rescue, it is unlawful for any person to dive or jump or in any manner propel themselves from any portion of the city pier at any time. (Ord. 95-05 § 2 (part), 1995)

It is unlawful for any person to leave any fish, clam shells or other fish bait, or the remnants from cleaning any fish or any other debris, papers or litter of any kind upon the pier. It is unlawful to clean or cut up fish on the pier, except at places provided for that purpose. (Ord. 95-05 § 2 (part), 1995)

It is unlawful for any person to ride any bicycle, motor-driven vehicle or bus, automobile or truck, upon any portion of the city pier, except (a) emergency vehicles; (b) vehicles making regular deliveries when necessary to do so and when so authorized by the department of public services of the city in writing and/or the chief of police; or (c) one- or two-passenger electrically powered golfcart-type vehicles for the sole purpose of transporting people with physical disabilities.

It is also unlawful for any person to operate an authorized or permitted vehicle, except emergency vehicles, at a speed in excess of five miles per hour upon the pier. (Ord. 95-05 § 2 (part), 1995)

A. Except for ceremonial, religious or educational purposes, it is unlawful to smoke at any location on the City Pier, or on the Pier Promenade adjacent to the Pier.

B. As used in this subsection, "to smoke" means the carrying or holding of a lighted pipe, cigar, cigarette, or any other lighted smoking product or equipment used to burn any tobacco products, weed, plant, or any other combustible substance. Actions prohibited by this subsection include emitting or exhaling the fumes of any pipe, cigar, cigarette, or any other lighted smoking equipment used for burning any tobacco product, weed, plant, or any other combustible substance.

C. A violation of this section is an infraction. (Ord. 07-02 § 3, 2007)

It is unlawful for any person to lead or cause to be led a dog upon the city pier. An exception will be Seeing Eye dogs, companion dogs used by people with disabilities and police canines. (Ord. 95-05 § 2 (part), 1995)

A. Definitions. For the purpose of this section, the following words and phrases are defined as follows:

1. "Display device" means a table, rack, chair, box, cloth, stand, vehicle or any container, structure or object used or capable of being used for holding or displaying tangible things, together with any associated seating facilities; "display device" does not include any street furniture such as any bench or planter, or any other structure permanently installed by the city of Pismo Beach or with the consent of the city of Pismo Beach.

2. "Business or commercial purpose" means any activity performed in substantial part for the financial gain of the person or organization responsible for the activity, whether on a nonprofit basis or a for-profit basis.

3. "Merchandise" means goods, wares, printed matter, or any other tangible thing offered for commercial distribution, or displayed as a demonstration or sample of such an item offered for commercial distribution.

4. "Pier zone" means any public sidewalk, bench, lawn, street, parking lot or any other area owned or controlled by the city of Pismo Beach, bounded by the following lines: (1) on the west, the mean high tide line of the Pacific Ocean, (2) on the north, a line extending along the northern edge of Pomeroy Avenue past its ocean-side terminus to the mean high tide line, (3) on the south, a line extending along the southern side of Hinds Avenue, past its ocean-side terminus to the mean high tide line, and (4) on the east, the easternmost line of the city pier parking lot. The pier zone also includes the entirety of the city pier and the length of the boardwalk extending from the city pier.

B. Commercial Display Devices on Streets and Sidewalks. Except as permitted by written lease agreement with the city of Pismo Beach or by special events permit pursuant to Chapter 12.16 of this title, no person shall place, erect, maintain or cause to be placed, erected or maintained anywhere in the pier zone wherein commercial display devices are not regulated by any other provision of this code, any display device for any business or commercial purpose, including the rent, sale, barter or exchange of any goods, wares or merchandise.

C. Display of Merchandise on Streets and Sidewalks. Except as permitted by written lease agreement with the city of Pismo Beach or by special events permit pursuant to Chapter 12.16 of this title, no person for any business or commercial purpose shall use the pier zone, wherein the commercial display of merchandise is not regulated by any other provision of this code, for the display of merchandise for sale, barter or exchange. A person uses the pier zone for display of merchandise when he or she rests the merchandise within the pier zone for public view or when he or she holds such merchandise for public view while personally occupying a portion of the pier zone, or when he or she rests such merchandise on a display device in the pier zone for public view.

D. Commercial Use of Pier Zone Prohibited. To ensure adequate and safe movement for pedestrians within the pier zone, except as permitted by written lease agreement with the city of Pismo Beach or by special events permit pursuant to Chapter 12.16 of this title, it is unlawful for any person or organization to sell, offer for sale, rent, offer for rent, or offer in exchange for a donation or other forms of compensation, goods, wares, merchandise, foodstuffs, refreshments, or other kinds of property, performances or services in the pier zone.

E. Violations. Any person who erects, maintains, uses or causes to be erected, maintained or used, any display device in violation of this chapter is guilty of an infraction for the first offense. Any person who displays, sells, offers for sale, rents, offers for rent, or offers in exchange for a donation goods, wares, merchandise, foodstuffs, refreshments or other kinds of property or services in violation of this chapter is guilty of an infraction for the first offense. Any subsequent violation occurring within six months after the first violation shall constitute a misdemeanor. At the discretion of the city attorney, any such violation may be prosecuted as an infraction. (Ord. O-2024-001 § 4, 2024: Ord. 06-01 § 1, 2006)

It is unlawful for any unauthorized person to write upon, cut, mark, stain or otherwise deface, appropriate, damage, remove, move, use or otherwise interfere with or to commit, other acts or act of vandalism on any of the chairs, benches, seats, lifeboats, lifelines, life rings, umbrellas, lifeguard towers, rescue vehicles, hydrants, fire hose, pier equipment, backrests, pillows, cushions, robes, rugs or other beach equipment while same is upon the beach, or city pier or other public property of the city; provided, however, that this restriction shall not apply to the use of said objects or equipment by authorized police officers, fire department personnel, lifeguards or other persons in attempting to rescue or save any person in actual or apparent danger. (Ord. 95-05 § 2 (part), 1995)

A. Within the pier zone, it is unlawful to:

1. Feed any pigeon, seagull or any other bird;

2. Disperse any food material or other matter edible by pigeons, seagulls, or any other bird so as to make such material or matter available to pigeons, seagulls or other birds for ingestion; or

3. Permit any food or other matter edible by pigeons, seagulls, or any other bird to remain on the ground after dispersing or dropping the same.

B. As used in this section, "pier zone" means any public sidewalk, bench, lawn, street, parking lot or any other area owned or controlled by the city of Pismo Beach, bounded by the following lines: (1) on the west, the mean high tide line of the Pacific Ocean, (2) on the north, a line extending along the northern edge of Pomeroy Avenue past its ocean-side terminus to the mean high tide line, (3) on the south, a line extending along the southern side of Hinds Avenue, past its ocean-side terminus to the mean high tide line, and (4) on the east, the easternmost line of the city pier parking lot. The pier zone also includes the entirety of the city pier and the length of the boardwalk extending from the city pier.

C. The provisions of this section shall not apply to any public officer or public employee in the performance of his or her duties.

D. A violation of this section shall constitute an infraction for the first offense. Any subsequent violation occurring within six months after the first violation shall constitute a misdemeanor. At the discretion of the city attorney, any such violation may be prosecuted as an infraction. (Ord. 07-07 § 1, 2007)

The department of public works shall be responsible for adequately posting areas described in this chapter advising the public of prohibited activities within these areas. (Ord. 95-05 § 2 (part), 1995)

Except as provided in Section 12.20.230, it is unlawful for any person between the hours of eleven p.m. one day and four a.m. the next day to be upon or within the pier zone. As used in this section, "pier zone" shall have the same meaning as in Section 12.20.185. A violation of this section is an infraction. Any person convicted of an infraction under the provisions of this chapter shall be punished by the fine specified in Municipal Code Chapter 1.20. (Ord. O-2024-001 § 5, 2024: Ord. 95-05 § 2 (part), 1995)

It is unlawful and a parking violation and infraction for any person to drive, park or to leave parked upon the pier parking lot, plaza area or pier itself any vehicle for any period of time between the hours of eleven p.m. one day and four a.m. the next day; provided, however, that vehicular through traffic shall not be unlawful when passing, without delay, directly through the parking lot from Pomeroy to Hinds, as indicated on Exhibit A, on file in the office of the city clerk and incorporated in this section by reference. In addition to the criminal infraction, any vehicle parked upon said areas during said periods shall be towed away and impounded at the owner's expense. (Ord. 95-05 § 2 (part), 1995)

The prohibitions of Section 12.20.210 shall not apply to any person first obtaining a permit from the police department for bona fide fishing purposes from the pier itself. One-day permits shall be promptly issued without charge by the police department. No person going to or returning from the pier pursuant to such a permit shall delay or loiter upon the parking lot, plaza area or those portions of the pier inland of the tideline. (Ord. 95-05 § 2 (part), 1995)

The city shall post adequate signs approved by the chief of police to inform the public of the closure hours described in this chapter. (Ord. 95-05 § 2 (part), 1995)

Violations of the provisions of this chapter will carry the penalties specified in Municipal Code Chapter 1.20. (Ord. 95-05 § 2 (part), 1995)