Port Hueneme Municipal Code Ch. 3 Beach, Park and Ocean

The provisions of this Chapter shall apply solely to the Beach Park and the Pacific Ocean adjacent thereto.

For purposes of this Chapter, the following definitions shall apply:

(a) "Beach Park" shall refer to the coastal area south of East Surfside Drive, East of the Port of Hueneme, West of Ormond Beach, and North of the high tide line of the Pacific Ocean. This area also encompasses any sand shoreline between the Port of Hueneme and the Pacific Ocean.

(b) "Camp" or "camping" shall mean any one (1) or more of the following activities: Pitching or occupying camp facilities, or the use of camp paraphernalia. These activities constitute camping when it reasonably appears, in considering all the circumstances, that the individual, in conducting these activities, is in fact using the area as a living accommodation, regardless of the intent of the individual or the nature of any other activities in which they may be engaging. The act of sleeping, on its own, does not constitute camping.

(c) "Camp facilities" shall include, without limitation, tents, huts, temporary shelters, or other similar facilities designed for temporary or permanent habitation.

(d) "Camp paraphernalia" shall include, without limitation, tarpaulins, cots, beds, mattresses, sleeping bags, hammocks, cookware, cooking equipment, kitchen utensils, toiletries, or other similar equipment.

(e) "Personal effects" shall consist of personal property, including, without limitation, the following items: Medication, medical devices, eyeglasses or other prescription lenses, sunglasses, identification records (ID cards, birth certificates, social security cards, etc.), sleeping bags, bed rolls, tents, clothing, toiletries, and non-perishable food items.

(f) "Personal property" shall consist of personal belongings, including, without limitation, any movable or tangible thing or object that is subject to ownership; property or chattels that can be seen, weighed, measured, felt, or touched such as furniture, cooking equipment, utensils, or books. For the purposes of this Chapter, personal property shall not include real property, vehicles, or animals.

(Ord. No. 765, § 2, 3-2-20)

No person shall swim, bathe, or immerse himself or herself in the water of the Pacific Ocean opposite any beach regulated by this Chapter more than two hundred (200) yards from the shore except:

(a) A person who is the owner of a vessel or who acts at the request of such owner while engaged in servicing or repairing such vessel, and then only in the immediate area of such vessel.

(b) A person engaged in the sport commonly known as aquaplaning, water skiing, or any derivations thereof, provided that such person is at all times wearing a safety belt or jacket approved by the United States Coast Guard.

(c) A skin diver equipped with swim fins and a face plate if at all times he maintains within fifty (50) yards of himself a boat or a surf mat, paddle board or surf board upon which there is a rectangular flag twelve by fifteen inches wide running from one corner to the diagonally opposite corner. The flag shall be flown high enough so as not to touch the water.

(d) No person shall surf more than fifty (50) yards beyond the farthest breaking wave when such farthest breaking wave is more than one hundred fifty (150) yards from shore.

No person shall operate any Vessel within two hundred (200) yards of the shoreline of any beach regulated by this Chapter except when necessary in the case of emergency or upon special permit issued by the Council.

Whenever any City lifeguard finds that because of extra high surf, riptide, or other hazardous conditions, it is unsafe for the average person to swim or bathe within a certain area of the waters of the Pacific Ocean opposite any beach regulated by this Chapter, during the time such hazardous conditions exist such lifeguard may instruct all persons not to swim or bathe in such area. Every person shall comply with such instructions.

No person shall use in the Pacific Ocean opposite any beach regulated by this Chapter, any inflated equipment of any kind except a standard surf mat which is:

(a) Constructed of a durable material with a non-slippery surface.

(b) So constructed that, when inflated for use it will not fold in any direction.

(c) No smaller than twenty-four (24″) inches by forty (40″) inches.

(d) Not larger than thirty (30″) inches by sixty (60″) inches.

(e) Equipped with a safety rope.

If the Director or Police Chief find that at certain times or under specified restrictions, or at designated places a person can so operate a motor vehicle so as to not interfere in any way with the use of the beach, he may grant a permit to such person so to operate such motor vehicle upon payment of a fee established by the Council under separate resolution. No person shall bring to, or operate on, the beach any motor vehicle except as permitted by the Director or the Police Chief and subject to all the conditions which are a part of such permit. If permission to operate a motor vehicle is granted, a person shall park such motor vehicle only in those areas designated by the Director or the Police Chief for parking.

(a) No person shall use, possess or operate in the waters of the Pacific Ocean opposite any beach regulated by this Chapter an object commonly known as a surfboard, paddle board or similar device (but not including surfmats and belly boards) at such times when said waters are restricted for swimming and bathing only.

Such restriction shall be effective when a yellow flag having dimensions of not less than two feet by two feet and having a solid black circle in the center (commonly known as a "blackball flag") is prominently displayed from a lifeguard tower, lifeguard station, pier or similar structure under the control of the city lifeguards. At such times as the blackball flag is displayed, swimming and bathing only shall be permitted in the waters of the Pacific Ocean opposite those areas of the beach within two hundred (200) yards of the point of display of said blackball flag, provided, however, that where said blackball flag is displayed from consecutive operational lifeguard towers, lifeguard stations and similar structures under the control of the city lifeguards along beach regulated by this Chapter then all waters of the Pacific Ocean opposite said beach shall be restricted to swimming and bathing only.

Such restrictions shall also be shown by pairs of red flags put in place by any city lifeguard. At such times as such red flags are displayed, swimming and bathing only shall be permitted in the waters of the Pacific Ocean opposite those areas of the beach lying between a given pair of such red flags.

(b) No person shall use, possess or operate in the waters of the Pacific Ocean opposite any beach regulated by this Chapter any object commonly known as a surfmat, paddle board, belly board, surfboard or similar device except within two hundred (200) yards from shore or seventy-five (75) yards seaward of the point at which the average wave is breaking, whichever distance is greater or when used by a skin diver to hold a flag required by section 4202(c).

(c) No person shall bring or permit or allow in the waters of the Pacific Ocean opposite any beach regulated by this Chapter any object commonly known as, or used as, a paddle board or surfboard, within one hundred (100) feet of any person in the waters thereof who was not at the time using or possessing a similar object.

(d) Notwithstanding any provisions of this section, the Director may from time to time designate certain areas to be used exclusively by persons using surfboards and paddle boards. Such designation may be evoked at any time and the area covered by such designation may be enlarged or reduced at any time. No person shall swim or bathe in the waters of the Pacific Ocean included in an area so designated except while using a surfboard or paddle board or as is necessary in order to use a surfboard.

(e) A person in violation of the restrictions set forth in this section shall not fail, refuse or neglect to leave the waters of the Pacific Ocean opposite any beach regulated by this Chapter when such restrictions are in force.

A person fishing with any fishing tackle, line, hook or other equipment from the shore, strand or beach or from or in the surf within the City shall at all times, while he is so doing, have due regard for the safety of other persons near or in the vicinity of such person so fishing.

Within the limits of the public beach of the City, it shall be unlawful for any persons or person to use, operate, or launch any jet ski, jet boat, or self propelled water ski or any similar motor-driven water vehicle within two hundred yards from shore.

It shall be unlawful for any person to cook food except within designated areas, camp, or occupy camp facilities in or along the Beach Park. A violation of this section may be enforced according to the provisions of Sections 1100 through 1111 of this Code.

(Ord. No. 765, § 3, 3-2-20)

It shall be unlawful for any person to sleep in or along the Beach Park, or any other sand covered areas, between the hours of 10:00 p.m. and 6:00 a.m.

(Ord. No. 765, § 3, 3-2-20)

It shall be unlawful for any person to ride, push, pull, or otherwise transport any wheeled vehicle designed for human conveyance on any unpaved areas at the Beach Park. Notwithstanding vehicles designed and used to the assist the handicapped or disabled persons are exempt from this section.

(Ord. No. 765, § 3, 3-2-20)

(a) It shall be unlawful for any person to store personal property, including camp facilities and camp paraphernalia, in or along the Beach Park.

(b) The City may remove personal property unlawfully stored or found in or along the Beach Park in accordance with Sections 3976 through 3979.

(Ord. No. 765, § 3, 3-2-20)

This Chapter shall be enforced pursuant to Section 4003 and Chapter 2 of Article I of this Code.

(Ord. No. 765, § 3, 3-2-20)

For purposes of Sections 4215 through 4216 of this Chapter, the following definitions shall apply:

(a) Beach Park: Shall refer to the coastal area South of East Surfside Drive, East of the Port of Hueneme, West of Ormond Beach, and North of the high tide line of the Pacific Ocean. This area also encompasses any sand shoreline between the Port of Hueneme and the Pacific Ocean.

(b) Cannabis: Shall have the same definition as contained in California Business and Professions Code Section 26001(f).

(c) Smoke or Smoking: Inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, or pipe, or any other lighted or heated tobacco or plant product, including cannabis, intended for inhalation, whether natural or synthetic, in any manner or in any form. "Smoking" includes the use of an electronic smoking device that creates an aerosol or vapor, in any manner or in any form, or the use of any oral smoking device for the purpose of circumventing the prohibition of smoking.

(d) Tobacco Product: Shall have the same definition as Municipal Code section 5616(g) of the City of Port Hueneme Municipal Code.

(Ord. No. 773, § 2, 9-21-20)

It shall be unlawful to smoke any tobacco product or cannabis in any area within the definition of the Beach Park. A violation of this Section is to be enforced by citation issued in accordance with Section 4003 and Chapter 2 of Article I of this Code by a fine of not less than sixty-five dollars ($65.00).

(Ord. No. 773, § 2, 9-21-20)