San Clemente Municipal Code Ch. 12.32 Beaches and Piers

No person shall dive or jump off the municipal pier.

(Prior code § 18-2)

No person shall bathe, swim, operate or otherwise use a surfboard, sailboard, paddleboard, kite sailboard or other contrivance, or skin dive or use a self-contained underwater breathing apparatus (SCUBA) within one hundred (100) feet of the municipal pier or within any area of the ocean within San Clemente's jurisdictional authority which is closed by any of the City's duly authorized lifeguards pursuant to the authority provided in Sections 12.32.030 and 12.32.150. Any such closures shall be identified by signs, flags, signals, verbal warnings or other means. All swimmers, surfers and divers shall remain out of that portion of the ocean within one hundred (100) feet surrounding the municipal pier, or any other closed area.

(Ord. 1287 § 1, 2004; prior code § 18-3)

A. Restrictions on ocean activities. .....The City's lifeguards shall be authorized, at their discretion, and in the interest of public safety, to designate areas of the ocean which, at certain times, may be exclusively used for certain activities or specifically exclude certain activities from an area, and to temporarily regulate those activities at any time as the ocean and crowd conditions may warrant and for the protection of the public health, safety and welfare.No person may engage in an ocean activity in any area where that activity has been excluded by the posting of signs or flags, or the use of signals, verbal warnings or other means.

B. Regulation of other ocean activities. .....No person shall enter the ocean or remain in the ocean in any area which, in the judgment of any of the City's duly authorized lifeguards is unsafe. All such areas shall be identified by signs, flags, signals, verbal warnings or other means.

C. Definitions.

1. "Surfing." The term "surfing" as used in this chapter shall mean the use in the water of any surfboard, paddleboard, belly board, or similar device made entirely or partially of wood, fiberglass, hard plastic or any other hard substance, or any other substance over four (4) feet in length and capable of being ridden in a standing position.

2. "Swimming." The term "swimming" as used in this chapter shall include the use in the water of soft foam body boards, soft rafts and surf matts, or similar devices less than four (4) feet in length.

(Ord. 1287 § 2, 2004; prior code § 18-4)

A. Prohibited Activity. .....No person shall launch any motorized watercraft from any public or private beach in the City unless such launching has been approved in writing by the Marine Safety Division of the City as part of a City-sanctioned event or the watercraft is an official public safety rescue vessel. No person shall operate any motorized, sail or paddle-powered watercraft within two hundred (200) feet of the San Clemente Municipal Pier unless such conduct is approved in writing by the Marine Safety Division of the City as part of a City-sanctioned event or the watercraft is an official public safety rescue vessel.

B. Definitions.

1. "Motorized watercraft" shall refer to any instrumentality capable of being used as a means of transportation on water which is propelled by machinery, whether or not such machinery is the principal source of propulsion including, but not limited to, motorized boats, motorized rafts, motorized surfboards, jet skies and other motorized water bikes.

2. "Sail or paddle-powered watercraft" shall mean any instrumentality capable of being used as a means of transportation on water which is propelled by wind, paddle, oar or other device used to push the craft through the water. The term "sail-powered watercraft" does not include sailboards or windsurfers. The term "paddle-powered watercraft" does not include surfboards or wave skis.

3. "Official public safety rescue vessel" means a watercraft operated by City of San Clemente, Orange County, State of California, or U.S. Coast Guard employees which is engaged in lifeguard activities.

(Prior code § 18-5)

No person shall start or permit to be maintained any fire on the municipal pier. No person shall start or permit to be maintained any fire on any public or private beach except in a designated fire ring or pit or in a commercially manufactured appliance that is elevated off of the sand (e.g., a hibachi or barbeque grill). Only wood, charcoal, or paper products may be used as fuel. No painted or chemically treated wood is allowed. All fuel material must fit within the inside edge of the fire ring, pit, or elevated appliance. Fuel material may not rise higher than approximately two feet above the top edge of the fire ring, pit, or elevated appliance. Enforcement personnel may order the extinguishment of any fire for any safety or public welfare reason, including, but not limited to, the risk of unintended fires due to location or proximity of fire to hazardous areas, types of fuel, wind speed, wind direction, or flying embers.

In addition, no person shall dispose of any coals, embers, or other burning or burnt materials upon or around the municipal pier or any public or private beach (including without limitation in any trash receptacle) except as follows:

A. Disposal in a designated fire ring or pit; or

B. Disposal of completely cooled materials in a trash receptacle.

(Prior code § 18-6)

(Ord. No. 1534, § 1, 5-3-2011; Ord. No. 1718, § 6, 10-5-2021)

No person shall possess any glass container upon any public or private beach or on the municipal pier, excepting only glass containers within the building area or premises operated by any City-approved food establishment or beach concession.

(Prior code § 18-7)

No person shall fish on the municipal pier from the southeast corner of the pier north to a point eighty (80) feet beyond the boat hoist. No person shall engage in overhead casting in order to project his line into the ocean, or to do any overhead casting whatever on the municipal pier.

(Prior code § 18-9)

No person shall use the municipal pier for commercial fishing or otherwise in conflict with the restrictions and reservations contained in that certain deed dated February 18, 1929, by which such pier property was conveyed to the City, which deed was recorded in Book 243, page 481, Official Records of Orange County, California.

(Prior code § 18-13)

A. .....No person shall drive or propel any motor vehicle upon the public beaches or upon the municipal pier; provided, however, that this section shall not prohibit the use of motor vehicles upon the public beaches, or municipal pier by departments of the City, public utilities, private enterprise engaged in maintenance, repair, or emergency services, concession operators, and vendors delivering merchandise or supplies to concessionaires located upon the public beaches or municipal pier, provided that the quantity of supplies or merchandise is of such volume that the vendor cannot transport the supplies by hand or the concessionaire cannot transport such supplies by the vehicle allowed in the second paragraph hereof. The determination shall be made by the City Manager or his or her designee.

B. .....Concessionaires operating upon the public beaches or municipal pier may be permitted the use of one (1) or more vehicles, as deemed necessary by the City Manager or his or her designee, as is necessary for the operation of the concession, to transport merchandise, supplies and equipment, and provided the use of such vehicle is not of a personal nature. Prior to driving or operating any motor vehicle on public beaches or the municipal pier, all concessionaires, vendors, and contractors operating motor vehicles shall obtain a copy of the Vehicle Operation Safety Regulations for use of San Clemente City Beach from the City Manager or his or her designee, and shall sign an agreement to abide by such regulations. The City Manager or his or her designee shall also be empowered to allow such other vehicles upon the public beaches or municipal pier as may be necessary or advisable; or for special events, provided that application has first been made by those representing the special events to be so conducted.

C. .....It is expressly intended that if the use of a motor vehicle is authorized under this section, the vehicle shall be driven at all times at a speed less than ten (10) miles per hour, unless by a public safety member during the course of his/her official duties.

(Prior code § 18-15)

The City Council shall have authority to add to, change or alter the safety requirements set out in this chapter at any time by resolution adopted by the City Council, which additions or alterations by resolution, when so adopted, shall be considered to be the same, and have the same legal effect, as though they had been incorporated in this chapter.

(Prior code § 18-17)

In addition to any other penalty provided for the violation of any of the rules and regulations contained in this chapter, conviction of such violation of any person who now is the recipient of any contract or franchise with the City involving the use and occupation of the municipal pier, shall constitute grounds for the cancellation or forfeiture of such contract or franchise. Such cancellation or forfeiture may be effected by the City Council at any meeting thereof held after such conviction and without any other notice to such person.

(Prior code § 18-18)

No person shall remove sand from a public beach, nor shall any person dig or cause the digging of any hole exceeding a depth of two (2) feet in the sand of a public beach. Any person who digs or causes to be dug any hole upon the beach shall fill such hole before leaving the beach area.

(Prior code § 18-20)

A. Definitions. .....The following definitions shall govern the construction of this section:

1. "Access roads" shall mean the pathway(s) between the base of the Municipal Pier and the Marine Safety Headquarters.

2. "Beach" shall mean all unpaved City property abutting the ocean.

3. "Beach trail" shall mean the San Clemente Pedestrian Beach Trail, with trail end points at or near the San Clemente/North Beach Metrolink Station and San Clemente State Beach.

4. "Bicycle" shall mean any bicycle, tricycle, or other device having one or more wheels and designed for propulsion solely by means of human power through a belt, chain, and/or gears.

5. "Electric bicycle" shall mean all bicycles and off-road bicycles equipped with operable pedals and/or an electric motor, and shall include Class 1, Class 2, and Class 3 units as defined in California Vehicle Code Section 312.5.

6. "Electrically motorized board" has the same meaning as defined in California Vehicle Code Section 313.5.

7. "Motorized bicycle" has the same meaning as defined in California Vehicle Code Section 406.

8. "Motorized scooter" has the same meaning as defined in California Vehicle Code Section 407.5.

9. "Personal assistive mobility device" shall mean any battery powered mobility device that is used by a person with a mobility impairment for ambulation. A personal assistive mobility device does not include gasoline powered devices, golf carts, motorized bicycles, motorcycles, motorized skateboards, or other similar motorized vehicles.

10. "Municipal pier" shall mean the San Clemente Municipal Pier.

11. "Service road" shall mean the asphalt area west of the railroad tracks where they run parallel to Avenida Victoria, and encompassing the base of the Municipal Pier.

B. Prohibited Activities on Municipal Pier and Access Road. .....No person shall ride or permit to be ridden, drive, or permit to be driven, any bicycle, electric bicycle, tricycle, skateboard, roller skates, or similar type device on the municipal pier, accesses to the municipal pier, service roads, or beach access roads. Moreover, no person shall walk, push, carry, park, or permit to be parked any bicycle, electric bicycle, tricycle, skateboard, or similar type device on the municipal pier. In addition, no person shall throw any "frisbee" or other similar devices on the municipal pier, access roads, service roads, or beach access roads.

C. Permitted Uses of Bicycles on Beach and Beach Trail. .....Riding of bicycles and personal assistive mobility devices is permitted on the beach trail, including those portions that overlay the beach service road, subject to the restrictions of subsection (d) below. Bicycle owners are permitted to walk their bicycles through such restricted areas and at such restricted times. When permitted to be ridden, bicycles may be ridden at a maximum speed of ten miles per hour on all permitted portions of the beach trail. At all times, bicycles must yield to pedestrians.

D. Prohibited Uses of Bicycles on Beach and Beach Trail. .....Riding of bicycles on the beach is prohibited at all times. Riding of bicycles on the beach trail is not permitted between the municipal pier and the southern end of the Trafalgar Canyon Bridge from June 15 through Labor Day. Riding of bicycles is not permitted on Riviera Beach Trail Bridge, Montalvo Beach Trail Bridge, Mariposa Trail Bridge, the portion of the trail extending north from the base of the pier asphalt to the Corto Lane restrooms, and the asphalt area extending north and south of the base of the municipal pier at any time. Bicycle owners are permitted to walk their Bicycles through such restricted areas and at such restricted times. Reckless riding of bicycles is prohibited, and at no time shall any persons allow their bicycle(s) to be left unattended on the beach or beach trail, nor block access thereto.

E. Electric Bicycles, Motorized Scooters, Electrically Motorized Boards, and Other Similar Motorized Recreational Devices Prohibited. .....No person shall drive, operate, or propel any electric bicycle, motorized scooter, electrically motorized board, or other similar motorized recreational device, however powered, upon any portion of the beach or beach trail. This section shall not prohibit the use of such devices upon these areas by any officer, employee, or agent of the City, any City department, or any public safety officer, while engaged in their official duty, or any City-authorized person providing maintenance, repair, or emergency services on the beach or beach trail.

F. Unsafe Operation. .....Reckless riding of bicycles is prohibited, and at no time shall any persons allow their bicycle(s) to be left unattended on the beach or beach trail, nor block access thereto. No person using the beach or beach trail shall engage in any activity that creates an unreasonable risk of injury to any person.

G. Penalty. .....Violations of this chapter may be prosecuted as a misdemeanor or infraction and are subject to the notice, hearing, and enforcement provisions of this Code, including, but not limited to, the provisions of Chapter 1.16.

H. Modification. .....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.

(Ord. 1326 § 2, 2007; prior code § 18-21)

(Ord. No. 1486, § 2, 5-21-2009; Ord. No. 1576, § 1, 12-3-2013; Ord. No. 1581, § 1, 6-17-2014; Ord. No. 1661, § 1, 9-4-2018; Ord. No. 1711, § 1, 3-2-2021; Ord. No. 1725, § 1, 2-1-2022)

It shall be unlawful for any person to be upon or use the public pier between twelve (12:00) midnight and four (4:00) a.m, and any public beach of the City between the hours of ten (10:00) p.m. and four (4:00) a.m. of the following day. In the event of special circumstances so warranting, the City Manager, in his or her judgment, is authorized and empowered to modify the hours established herein by first filing each such modification and the specified period thereof with the City Clerk. In addition, the City Council may by resolution modify the hours established herein for any business establishment which operates on the public pier or public beach if the Council determines in its sole discretion that such modification will not be contrary to the public health, safety or welfare.

(Prior code § 18-22)

(Ord. No. 1751, § 4, 6-6-2023; Ord. No. 1752, § 4, 6-20-2023)

No person shall engage in any activity on the beach, on the Beach Trail, in the ocean, or on the municipal pier in such a manner so as to unreasonably risk personal injury to themselves and/or others.

(Ord. 1287 § 3, 2004; prior code § 18-23)

(Ord. No. 1486, § 3, 5-21-2009)