San Clemente Municipal Code Ch. 12.28 Public Recreational Facilities

Any person wishing to use any City-owned facility, including but not limited to buildings, parks, beaches, and trails, for the purpose of practicing, carrying on, or conducting any commercial business, occupation, or profession, shall apply for a permit to do so by submitting a completed "application for permit to use recreational facilities" form prescribed by the City of San Clemente Department of Beaches, Parks and Recreation, unless exempted from this required permit pursuant to another section of the code, or state or federal law. The application for permit to use recreational facilities shall be submitted along with the required fees to the City of San Clemente Department of Beaches, Parks and Recreation. The City may charge a fee in connection with the processing of such application. In considering a permit application, the Department of Beaches, Parks and Recreation may evaluate the types of goods proposed to be sold, the applicant's ability to comply with applicable laws and regulations In the sale of the proposed goods, including but not limited to requirements pertaining to food handling, and any other factors and criteria as may be useful in considering the application.

Except for a person holding a permit as described in this section, no person shall practice, carry on, or conduct any commercial business, occupation, or profession in any City-owned facility, including but not limited to buildings, parks, beaches, and trails, or sell or offer for sale any food, beverage, merchandise, article, or anything whatsoever in any such City-owned facility, unless exempted from this required permit pursuant to another section of the code, or state or federal law. This prohibition shall apply to the use of any park, beach, or other City-owned facility by a camp or other group that has charged tuition or other fees to participants covering the period during which participants are present at the City-owned facility with the camp or group. This prohibition shall also include the sale or vending of goods or services of any kind, including but not limited to food and beverage, at any City-owned facility or in connection with any City-sponsored or City-approved event.

Approval of applications, fee schedules, and rules and regulations for the use of all City-owned facilities shall be as prescribed by resolution of the City Council. All City-owned facilities, including but not limited to buildings, parks, beaches, and trails, shall be subject to the permit requirement in this section.

(Prior code § 7C-1)

(Ord. No. 1612, § 1, 1-5-2016; Ord. No. 1680, § 8, 9-18-2019)

A. .....No person shall play golf or any other game on the municipal golf course without first having paid the fee required by the resolutions of the City Council fixing fees, and without having registered in the registration book provided for that purpose in the pro-shop located on the municipal golf course.

B. .....No person shall trespass or go upon on the municipal golf course for any purpose whatsoever, except with the permission and authorization of the person in charge of the operation and management of the golf course, either during the time such course is open to the public or when it is closed to the public.

C. .....No parents of minors under the age of 16 years shall willfully allow or permit their children to play, go upon or trespass on the municipal golf course at any time, except with the permission of the person duly authorized by the City to be in charge of such golf course, and then only when such persons authorized by the City are actually in charge thereof, and not at a time when the golf course is closed.

D. .....No person shall ride or permit to be ridden, drive, or permit to be driven, any bicycle, electric bicycle, tricycle, or similar type device on the municipal golf course.

E. .....In the event of special circumstances so warranting, the City Council may by resolution modify the requirements established herein. Modifications by the City Council shall only be made if the City Council determines that such modification will not be contrary to the public health, safety, or welfare.

(Prior code § 16-12; Ord. No. 1664, § 34, 9-18-2018; Ord. No. 1764, § 1, 12-5-2023)

A. Definitions. .....For purposes of this Section, the following definitions shall apply:

"Automated Means" includes, but is not limited to, bots, scripts, software programs, automated purchasing tools, scraping tools, or any technological process designed to obtain reservations faster or in greater volume than a human user.

"City Golf Course" means any golf course owned, operated, or managed by the City of San Clemente, including all related facilities.

"Commercial Activity" means advertising, offering for sale, selling, reselling, brokering, soliciting, or receiving compensation or anything of value in exchange for a tee time.

"Reservation Holder" means the individual in whose name a tee time is issued.

"Tee Time" means a reservation, booking, or scheduled time issued by or on behalf of the City, granting limited permission to access a City golf course for play.

"Third Party" means any person or entity other than the Reservation Holder or the City.

B. Tee Times Revocable. .....All Tee Times for a City Golf Course are revocable licenses issued subject to City rules and policies, and shall not be sold, assigned, transferred, or used for any Commercial Activity unless expressly authorized in advance in writing by the City.

C. Prohibited Conduct. .....It shall be unlawful for any person or entity to:

1. Advertise, offer, sell, resell, broker, solicit, or attempt to sell a Tee Time for a City Golf Course without prior written authorization from the City;

2. Acquire or attempt to acquire Tee Times for the purpose of resale or Commercial Activity;

3. Use automated means to access, reserve, block, or secure Tee Times;

4. Advertise or represent, expressly or impliedly, that a person or entity is authorized to sell or secure Tee Times on behalf of the City when no such authorization exists; and

5. Accept compensation or anything of value in connection with securing or attempting to secure a Tee Time for another person.

D. Enforcement and Remedies.

1. Any violation of this Chapter constitutes a public nuisance and may be enforced by any lawful means, including administrative citation, civil action, and/or injunctive relief.

2. A violation of this Chapter is an infraction punishable by a fine not exceeding $500.00 for the first offense, a fine not exceeding $750.00 for the second offense of the same provision within one year, and a fine not exceeding $1,000.00 for each additional offense of the same provision within one year.

3. Administrative fines shall not exceed $500.00 for a first violation, $750.00 for a second violation of the same municipal ordinance violation within one year, and $1,000.00 for each additional violation of the same municipal ordinance violation within one year. The fine amounts for infractions set forth in subsection D(2) above shall not apply to this subsection and shall in no way limit the amounts that may be imposed for administrative fines.

4. The City may void or cancel any Tee Time obtained or used in violation of this Chapter without refund.

5. Each day a violation continues shall constitute a separate and distinct violation.

6. In addition to any other remedy, the City may seek disgorgement of unlawfully obtained proceeds, and recovery of enforcement costs and attorney's fees as authorized by this Code.

7. In addition to any other remedy, the City may suspend, restrict, or revoke a person's ability to reserve or use City Golf Course facilities, including disabling online reservation access, for a period of time deemed appropriate by the City, where the City determines that such person has violated this Chapter or has knowingly obtained or used a tee time secured in violation of this Chapter.

E. No Limitation on Other Authority. .....Nothing in this Section shall be construed to limit the City's authority to enforce other provisions of this Code, deny or revoke access privileges, require compliance with Title 5 (Business Licenses), or pursue remedies under applicable state or federal law.

(Ord. No. 1801, § 2, 5-5-2026)

Notwithstanding any other section of this Code, it shall be unlawful for any person to erect, maintain, use, or occupy any tent, lodge, shelter, or structure in any park or beach area in the City, unless the tent, lodge, shelter, or structure has two sides open and there is an unobstructed view of the interior from the outside on at least two sides.

(Ord. No. 1687, § 2, 12-3-2019; Ord. No. 1760, § 3, 10-17-2023)