San Diego Municipal Code § 63.20 Beach Areas — Authority and Control

(a) The Park and Recreation Department of the City of San Diego shall have jurisdiction and control over all beaches owned or controlled by the City of San Diego and all waters abutting or adjacent to them within the limits of the City of San Diego, and of all lands owned or controlled by the City, adjoining the waterfront of the Pacific Ocean and the waters of Mission Bay, and it shall be responsible for the control and management of these beaches and lands, and waters abutting or adjacent to them, and of the recreational activities on them.

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(b) For purposes of section 63.20 through section 63.20.28 and
section 63.0102, the term beach area means any beach or land (with waters
immediately abutting or adjacent) under the jurisdiction and control of the
Parks and Recreation Department, as set forth in paragraph (a) of this section.
For example, the beach area includes the area between the boardwalk or
private property to the water, but not areas controlled by private entities
through ownership or agreement. The beach area does not include parks,
which are separately regulated in Chapter 6, Article 3, Divisions 00 and 1 of
this Code.

(c) Throughout this Division, the term “vessel” has the same meaning as in the
California Harbors and Navigation Code.

(d) Throughout this Article, the term City-provided fire ring means a container
made of concrete and pre-installed in certain beach areas.
(Retitled to “Beach Areas— Authority and Control” on 5–31–1994 by O–18073 N.S.)
(Amended 4-25-2019 by O-21066 N.S.; effective 5-25-2019.)
(Amended 1-13-2023 by O-21606 N.S.; effective 2-12-2023.)

It is the duty of the Parks and Recreation Director, as the City Manager’s designee, to enforce the provisions of these sections. Designated employees of the Parks and Recreation Department are charged with the duty of maintaining peace, order, and safety in beach areas and are empowered to assist the police officers of the City of San Diego in the enforcement of the provisions of these sections, including the power to make arrests for the violation of these provisions.

Whenever a power is granted to, or a duty is imposed upon, the Director, the power may be exercised, or the duty may be performed by the Parks and Recreation Director, or any person the Director may designate for the enforcement of these regulations. (Amended 5–31–1994 by O–18073 N.S.) (Amended 1-13-2023 by O-21606 N.S.; effective 2-12-2023.)

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(a) It is the intent and purpose of the Council in enacting Section, 63.20.2, to regulate recreational water activities such as swimming, board surfing, and boat launching in and upon the waters and lands of all beach areas.

(b) There are established, in and upon the waters and beaches under the
jurisdiction and control of the Parks and Recreation Department,
six activity zones. Unless otherwise defined and with the exception of Closed
Zones, all activity zones shall extend 1,000 feet seaward from the mean high
tide line. Boat Launch Zones shall also include the adjacent beach area. The
six activity zones are as follows:

SWIMMING ZONE
BOARD SURFING ZONE
CONTROL ZONE
NO BOARD SURFING ZONE
CLOSED ZONE
BOAT LAUNCH ZONE

The boundaries of each zone are designated from time to time by resolution of
the Council of the City of San Diego. These boundaries notwithstanding, City
of San Diego lifeguards may, due to weather, crowd conditions, special
events, or other factors, alter the boundaries on any given day; and persons
shall be notified of any change by signs, signals, verbal warnings, or other
means. A checkered flag may be posted on the boundary line between two
activity zones and when so posted shall constitute due notification of the
boundary whether it is the regular boundary fixed by resolution of the Council
or a temporary change in the boundary made by lifeguards. Nothing in this
Section, 63.20.2, empowers lifeguards to permanently change existing
boundaries.

(c) Definitions:

(1) “Bathing and swimming” shall mean all bathing and swimming
activities conducted in water except those activities which involve
board surfing or those which involve the possession, control or use of
a surfboard.

(2) “Surfboard” shall mean any noninflated device upon which or with the
use or aid of which a person can ride waves or be carried along or
propelled by the action of the waves.

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(3) “Board surfing” shall mean any activity which involves riding waves with the use or aid of a surfboard, or being carried along or being propelled by the action of the waves with the use or aid of a surfboard. To “board surf” shall mean to do or engage in board surfing.

(d) Only bathing and swimming are permitted in a SWIMMING ZONE, and it is
unlawful for any person to board surf in, or to possess, control, release, place,
carry, throw, or discharge a surfboard into, or to permit a surfboard to float,
drift or be carried into, a SWIMMING ZONE.

(e) Only board surfing is permitted in a BOARD SURFING ZONE, and it is
unlawful for any person to engage in bathing and swimming activities, except
as may be incidental to board surfing, in a BOARD SURFING ZONE.

(f) The following regulations shall be in effect in any area designated as a
CONTROL ZONE beginning on the second Saturday in June and extending
through the first Sunday after Labor Day of each year:

(1) It is unlawful for any person to wade, bathe, swim, surfmat, or engage
in any activities incidental to bathing or swimming activities, except
those incidental to board surfing in a CONTROL ZONE, prior to
eleven (11:00) o’clock a.m. and after six (6:00) o’clock p.m. daily.

(2) It is unlawful for any person to board surf in, to possess, control,
release, place, carry, throw, or discharge a surfboard into, or to permit
a surfboard to float, drift, or be carried into a CONTROL ZONE
during the hours between eleven (11:00) o’clock a.m. and six (6:00)
o’clock p.m. daily.

(g) It is unlawful for any person to board surf in a NO BOARD SURFING ZONE
or to ride or attempt to ride waves with the use of aid of any other object,
except swim fins.

(h) It is unlawful for any person to board surf in, or to possess, control, use or
permit a surfboard to float, drift or be carried into, or to engage in bathing and
swimming activities in, a CLOSED ZONE or BOAT LAUNCH ZONE.
(Amended 5–31–1994 by O–18073 N.S.)
(Amended 1-13-2023 by O-21606 N.S.; effective 2-12-2023.)

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(a) It is unlawful for any person to bathe, swim, surfboard ride, row, canoe, or operate a sailboat or power boat or similar device in, on, or upon water when warning signals have been placed on or upon that water or the adjacent beach area except for the purpose of making a rescue.

(b) It is unlawful for any person to operate a vessel, or a windsurfer, sailboard, or
similar device within a swimming area which has been marked by means of
buoys or to operate same within one hundred (100) feet of such area at a
speed in excess of five (5) miles per hour.
(Retitled to “Warning Signals” and amended 5–31–1994 by O–18073 N.S.)
(Amended 4-25-2019 by O-21066 N.S.; effective 5-25-2019.)
(Amended 1-13-2023 by O-21606 N.S.; effective 2-12-2023.)

It is unlawful for any person to refuse to follow or comply with any lawful order, signal, or other direction of a lifeguard, or to knowingly provide false information to a lifeguard, or for any person without lawful authority to deface, injure, knock down or remove any sign or warning placed for the purpose of enforcing the provisions of Chapter VI, Article 3. (Retitled to “Compliance” and amended 5–31–1994 by O–18073 N.S.)

(a) It is unlawful for any person to leave, discard, deposit, or throw away any glass container, tin can, waste food, papers, or any refuse or rubbish upon any beach area in the City of San Diego. All waste materials shall be deposited in trash cans or receptacles provided for that purpose.

(b) It is unlawful for any person to move, rummage through, turn over, remove,
deface, or knock down any trash can or receptacle placed in any beach area
by the City.

(c) It is unlawful for any person to build, maintain, use, or be within ten feet of a
fire in any beach area that is not in a City-provided fire ring or contained
within a portable propane-fueled device, unless approved in writing by the
City Manager.

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(d) Fires may be built in City-provided fire rings using fire materials limited to
charcoal, clean wood, or paper products, none of which contains landscape
debris, paint, stain, sealer, wood preservative, cloth, rubber, metal (including
nails and other hardware), asphalt, foam rubber, plastic, or any similar matter
or material producing noxious fumes, odors, smoke, or leaving any type of
solid residue other than ash. Fire materials shall not exceed a height of more
than twelve inches above the upper edge of the City-provided fire ring and
must be wholly contained within the inside edge of the City-provided fire
ring.

(e) It is permissible to use a portable propane-fueled device in beach areas
consistent with Municipal Code section 63.20.5(c). Permissible devices are
limited to liquefied-petroleum LP (including propane) gas fueled devices
having LP gas containers. Other fuel materials are not permitted in portable
devices.

(f) It is unlawful to use a City-provided fire ring for purposes of disposal or for
any purpose other than building of fires for cooking, warmth, or for the
deposit of coals.

(g) It is unlawful for any person to possess or use any container made of glass
upon any beach or adjacent sidewalk area in the City of San Diego.

(h) It is unlawful for any person who has built, maintained, used, or been within ten feet of a fire in a beach area to abandon the fire until all ignited fire fuel material has been exhausted or extinguished. Sand, dirt, or similar material shall not be employed as an extinguishing material. Extinguished ashes shall not be covered but may be left in City-provided fire rings. All unused fire material must be removed from the beach area and the adjacent public areas of the beach or park. All refuse or rubbish adjacent to the City-provided fire ring must be removed from the beach area or placed in trash receptacles provided for such purpose, so that the beach is left in a clean, sanitary, and presentable condition.

(i) It is unlawful for any person to use a City-provided fire ring or a portable
propane-fueled device in any beach area between the hours of 12:00 a.m. and
5:00 a.m. However, the City Manager may issue a permit to allow a fire in a
City-provided fire ring between the hours of 12:00 a.m. and 5:00 a.m.

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(j) It is unlawful for any person to possess any household furniture at any
designated public area. “Household furniture” means items such as, but not
limited to, dining tables, coffee tables, chairs, lamps, sofas, couches, recliners,
and other similar items ordinarily intended and made for use in the interior of
a home. Each piece of household furniture possessed shall constitute a
separate and punishable violation of section 63.20.5(j). Section 63.20.5(j)
does not apply to a special event or commercial special event for which a
special event permit has been issued pursuant to section 22.4004. For the
purposes of sections 63.20.5(j) and 63.20.5(k), a designated public area
includes the following areas:

(1) All beaches on the Pacific Ocean and adjacent parks and perimeter
sidewalks between the southern boundary of Sunset Cliffs Natural
Park and the southern boundary of Torrey Pines Park; and

(2) All land areas of Mission Bay Park, including Fiesta Island, Fanuel Street Park, Sail Bay, Crown Point, Bayside Walk, Ocean Beach Athletic Area (Robb Field), Dusty Rhodes Park, Santa Clara Point, and Bob McEvoy Youth Fields (Mission Bay Youth Fields), including all parking lots.

(k) It is unlawful for any person to block off, fence, or erect any barrier at any
designated public area with any rope, cord, barrier tape, or any other material
or device. Section 63.20.5(k) does not apply to a special event or commercial
special event for which a special event permit has been issued pursuant to
section 22.4004. Section 63.20.5(k) does not apply to an open sided tent or
pop-up style shade device intended for outdoor use provided the said tent or
device is open on at least two sides and is attended at all times. The open area
of the tent or device must be equal to at least one-half (50%) of the overall
size of the tent or device. Section 63.20.5(k) does not apply when an area is
blocked off, fenced off, or had a barrier or marking erected for the purpose of
identifying or preventing access to any hazard or construction site, or to any
barrier erected by any government entity, department, or agency.
(Amended 7–8–2002 by O–19075 N.S.)
(Amended 5-24-2004 by O-19284 N.S.)
(Amended 4-19-2007 by O-19605 N.S.; effective 5-19-2007.)
(Amended 6-21-2010 by O-19961 N.S; effective 7-21-2010.)
(Amended 1-13-2023 by O-21606 N.S.; effective 2-12-2023.)

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(a) Purpose and Intent. It is the purpose and intent of the City Council in enacting Section 63.20.6 that certain City lifeguards who are regularly employed and paid for duties performed in Mission Bay which are commonly performed by Harbor Police, be designated by the City as Boating Safety Unit members. “Boating Safety Unit” means a unit of the lifeguard service, which, in addition to regular lifeguard functions, is responsible for functions similar to those performed by Harbor Police.

(b) Those lifeguards designated as Boating Safety Unit members, who enforce
laws of the State of California and the City of San Diego which pertain to
boating, are designated as Harbor Police; are declared to be regularly
employed and paid as such; and are authorized and empowered to act as
Harbor Police while on duty in the beach area.

(c) Those lifeguards designated as Harbor Police are peace officers as defined in
Section 830.33 of the California Penal Code; however, they are not peace
officers for the purposes of California Penal Code, sections 171c, 171d, or
12027 which deal with the possession of firearms.
(Amended 5–31–1994 by O–18073 N.S.)
(Amended 1-13-2023 by O-21606 N.S.; effective 2-12-2023.)

(a) Except as permitted by the Director and except as specifically permitted on Fiesta Island in Mission Bay, no person may drive or cause to be driven any motor vehicle as defined in the California Vehicle Code on any beach, or any adjacent sidewalk or turf; provided, however, that motor vehicles which are being actively used for the launching or beaching of a boat may be operated across a beach area designated as a boat launch zone.

(b) The driver of any vehicle operated under the authority of this Section, 63.20.7,
shall use extraordinary care and shall at all times limit the speed of the vehicle
to five (5) miles per hour or less.

(c) This Section, 63.20.7, does not apply to vehicles operated by governmental
employees in the discharge of official duties.
(Retitled to “Driving Vehicles On Beach Prohibited; Exceptions; Speed Limit On
Beach” and amended 5–31–1994 by O–18073 N.S.)
(Amended 1-13-2023 by O-21606 N.S.; effective 2-12-2023.)

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Citations

(a) Purpose and Intent. It is the purpose and intent of the Council in enacting this
section that all City lifeguards be specifically authorized pursuant to the
provisions of Section 836.5 of the Penal Code of the State of California, to
make arrests without a warrant whenever any such lifeguard has reasonable
cause to believe that the person to be arrested has committed a misdemeanor
in the lifeguard’s presence which is a violation of a statute or ordinance which
such lifeguard has the duty to enforce.

(b) Lifeguards of the City of San Diego are authorized, empowered, and given the
duty to enforce provisions of the San Diego Municipal Code and
misdemeanors designated in the State Codes; to make arrests without a
warrant whenever any such lifeguard has reasonable cause to believe that the
person to be arrested has committed a misdemeanor in the lifeguard’s
presence; and while engaged in the performance of their duties, to arrest
persons and issue citations for violations of all Codes under the provisions of
Municipal Code section 836.5 and 853.6 of the Penal Code of the State of
California when violations occur in City of San Diego beach areas.
(Retitled to “Lifeguards Authorized to Enforce State and Local Codes — Arrests and
Citations” on 5–31–1994 by O–18073 N.S.)
(Amended 1-13-2023 by O-21606 N.S.; effective 2-12-2023.)

Elsewhere

The Director may designate any beach area or portion thereof as an area which may
be used for the purpose of beaching or launching boats, and may establish and collect
fees for the use of such boat beaching or launching areas, subject to the approval of
the City Council. Such provisions shall be effective when signs are posted in such
areas giving notice of such designation and fees.

No boat or vessel, excepting inflatable boats which are not propelled by machinery,
may be launched or retrieved from any beach area in the City except in a designated
boat beaching area or boat launching zone. Boats or vessels in distress are exempted
from the foregoing provided there is a verifiable emergency immediately threatening
persons or property and provided the boat or vessel can reach the shore without
further threatening the safety of other persons or property. The burden of proof that
an emergency exists or existed rests with the owner and pilot or person in command
of the boat or vessel.
(Retitled to “Boat Beaching Areas and Boat Launching Zones, Beaching Prohibited
Elsewhere” and amended 5–31–1994 by O–18073 N.S.)
(Amended 1-13-2023 by O-21606 N.S.; effective 2-12-2023.)

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(a) Boat launch zones are intended exclusively for the purpose of the expeditious launching and retrieval of boats and vessels. It is unlawful for any person to remain in or to interfere with the lawful launching or retrieval of boats and vessels in boat launch zones. Legally registered vehicles, including trailers, used for launching or retrieving boats or vessels shall not be obstructed. Vehicles shall not be left unattended in a boat launch zone and shall not be parked for periods in excess of five (5) minutes.

(b) It is unlawful for any person to allow a vessel to be anchored, parked or left in
a boat launch zone for any period in excess of fifteen (15) consecutive
minutes and a total of (30) thirty minutes on any given day.

(c) Repeated beaching and launching which would tend to obstruct beaching or
launching by others is prohibited. In enforcing this Section, 63.20.10,
enforcement personnel shall consider the attendance level at the time of the
violation and shall not issue a notice of violation until a verbal warning has
been issued and there has been a lack of compliance.
(Retitled to “Regulations For Use of Boat Launch Areas” and amended 5–31–1994
by O–18073 N.S.)

§63.20.11 [Reserved] (“Camping, Sleeping Overnight Prohibited” repealed and reserved 6-29-2023 by O-21674 N.S.; effective 7-29-2023.)

(a) Except as provided in Sections 63.20.12(b), (d), and (e), it is unlawful for any person owning or having charge, care, custody, or control of any dog, whether leashed or unleashed, to be upon any public beach, any public park adjacent to a public beach, or any sidewalk adjacent to any public beach between the hours of 9 a.m. and 6 p.m. from April 1 through October 31, and between the hours of 9 a.m. and 4 p.m. from November 1 through March 31.

(b) Except as provided in Sections 63.20.12(e), it is unlawful for any person
owning or having charge, care, custody, or control of any dog to take, cause,
permit, or allow such dog, whether leashed or unleashed, to be in Santa Clara
Point Community Park, located at the 900 block of Santa Clara Place, east of
Bayside Walk, in Mission Bay, between the hours of 9 a.m. and 6 p.m.

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(c) At all times when dogs are permitted to be in the areas and at the times
specified in Section 63.20.12(a) and (b), the provisions of Section 62.669 of
the County Code of the County of San Diego as adopted by Section 44.0300
of this Code shall apply.

(d) Legally licensed dogs shall be allowed to go unleashed in Fiesta Island in
Mission Bay Park or to the beach area at the west end of San Diego River
Floodway, also known as the Ocean Beach Flood Control Channel, which
areas are more specifically shown outlined in red on that map on file with the
Office of the City Clerk of the City of San Diego as Document No. 740061.

(e) Sections 63.20.12(a) and (b) do not apply to dogs that have been especially
trained for and are used as guide, service, or signal dogs for the disabled while
such dogs are being used for such purpose.
(Amended 11-19-2001 by O–19008 N.S.)
(Amended 1-13-2023 by O-21606 N.S.; effective 2-12-2023.)

It is unlawful for any person, firm or corporation within the limits of any beach areas of the City of San Diego to do any act or acts contrary to the rules established by the Director for the use of the beach area, provided, however, that the rules shall be conspicuously posted in the beach area. (Amended 5–31–1994 by O–18073 N.S.) (Amended 1-13-2023 by O-21606 N.S.; effective 2-12-2023.)

Nothing in these Sections shall be construed to prevent any employee of the Parks and Recreation Department from doing anything that in the opinion of the City Manager or of the Parks and Recreation Director may be thought necessary and proper for the maintenance, improvement, or betterment of any beach area, and further that nothing herein contained shall be construed to prevent any employee or agent of the City of San Diego from doing anything that in the opinion of the City Council may be thought necessary or proper for the best interests of the City of San Diego. (Retitled to “Employee Exceptions” and amended 5–31–1994 by O–18073 N.S.) (Amended 1-13-2023 by O-21606 N.S.; effective 2-12-2023.)

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It is unlawful for any person in command of any vessel to use it or permit it to be used at a speed in excess of five (5) miles per hour within one thousand (1,000) feet of the mean high tide line of the Pacific Ocean adjacent to the shoreline on the City of San Diego, with the following exceptions:

(a) Vessels using a marked channel or boat launch area, designated by the City,
the State, or the Federal Government, may travel at the speed designated for
that area.

(b) Persons licensed by the State of California for commercial fishing may travel
within one thousand (1,000) feet of shore at speeds in excess of five (5) miles
per hour while actively engaged in commercial fishing, provided, however,
said persons must use extraordinary care to avoid injury to persons or property
when operating a vessel at such speed in that area.

(c) Surfboards with sails attached, commonly known as sailboards, may exceed
five (5) miles per hour while using areas designated for surfing, pursuant to
the relevant sections of the San Diego Municipal Code.

(d) Employees of governmental agencies are exempt from this Section, 63.20.15,
while acting in the course of their official duties.

(e) This Section, 63.20.15, shall not apply to Mission Bay or San Diego Bay.
(Amended 5–31–1994 by O–18073 N.S.)

(a) It is the intent and purpose of the City Council of the City of San Diego to provide for the use and enjoyment by the people of fishing piers by adopting regulations governing the conduct and behavior of persons using the piers so that these recreational facilities may be enjoyed by all.

(b) It is unlawful for any person to perform any of the following acts on any
fishing pier owned or operated by the City of San Diego:

(1) Operate a vehicle thereon without written permission from the
Recreation Director, and in no event, at a speed in excess of five miles
per hour.

(2) Use roller skates, or skate boards or ride a bicycle thereon.

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(3) Dive or jump or cause another person to fall, dive or jump from the
pier into the ocean.

(4) Swim, wade, surf, or skin dive within seventy–five feet (75’) of the
pier.

(5) Climb on or across the pier railing.

(6) Cast any fishing line or pole overhead or allow any lure or hook to
pass inboard of the pier railing while casting.

(7) Clean any fish except at locations provided for that purpose.

(8) Deposit trash, refuse or debris, including tobacco, cigarette butts, or
remains of any material capable of being smoked, unless in a
receptacle provided for such purpose.

(9) Use more than one pole or drop line at the same time.

(10) Permit any animal on the pier except a seeing–eye dog when
accompanying a blind person.

(11) Surf cast from the beach or water within two hundred feet (200’) of
the pier.

(12) Fish or trap sea life for commercial purposes.

(13) Bring onto or have in his possession on the pier any fishing spear or
fishing spear gun.

(14) Permit any vessel to approach within one hundred feet (100’) of the
pier without written permission of the Recreation Director.

(15) Kindle or maintain thereon any fire or bonfire for any purpose whatsoever, whether in an open brazier, hibachi pot, or otherwise, or use any heating, cooking or lighting device other than those employing electrical energy.

(16) Smoke, smoking, vape, or vaping as defined in San Diego Municipal
Code section 43.1001.

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(c) No goods, wares, merchandise or services of any kind or description shall be
sold or offered for sale on any pier except at such places as shall be
designated and licensed by the City.

(d) A violation of this ordinance shall be a misdemeanor and shall be punishable
by a fine of not more than five hundred dollars ($500.00) or by imprisonment
in the City Jail for a period of not more than six months or by both fine and
imprisonment.
(Amended 4–27–1977 by O–12058 N.S.)
(Amended 5-21-2007 by O-19620 N.S.; effective 6-20-2007.)
(Amended 10-2-2014 by O-20408 N.S.; effective 11-1-2014.)

It is unlawful for any person to carry a fishing spear gun in a cocked or armed position on any public swimming area or within fifty (50) feet of a swimmer in the water or in any area where swimmers are present. All spears, barbs, prongs, and similar implements shall be sheathed, covered, or removed. A spear gun or similar instrument shall be deemed cocked or armed unless it shall be in a harmless condition and incapable of projecting spears, barbs, or prongs. (Amended 5–31–1994 by O–18073 N.S.)

It is unlawful for any unauthorized person to carry, display, or fire any weapon, gun, or firearm on any beach or waters adjacent thereto or in Mission Bay Park. (Amended 5–31–1994 by O–18073 N.S.)

(a) It is unlawful for any person to solicit the rental or sale of any vessel, attempt to engage in the rental or sale of any vessel, or to engage in the rental or sale of any vessel, in any beach area, as defined in Municipal Code section 63.20, including Mission Bay Park, unless specifically authorized to do so by the City Manager.

(b) Commercial fishers are permitted to use beach areas provided that their
activity does not interfere with recreational activities in the beach area.

(c) If advertising of any kind, other than incidental advertising permanently
affixed to the side of a vehicle, is displayed in the beach area, it shall
constitute evidence that the actions of the person responsible for introducing
the advertising within the beach area violate this section.

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(d) Persons who operate under a contract or permit with the City or other specific
authorization from the City Manager are exempt from this section.

(1) Persons who engage in the rental or sale of any vessel under a contract
or permit with the City or other specific authorization from the City
Manager, in any beach area, shall indemnify, defend, and hold the
City harmless from claims and damages arising out of or related to the
person’s business activities under the contract or permit.

(e) Violations of this section may be prosecuted under Municipal Code section
12.0201. The following minimum fines shall apply:

First Offense: $250

Second or subsequent offense: $500

(f) The purpose and intent of this section is to prohibit the rental or sale of
vessels in the beach area except when persons are operating under a contract
or permit with the City or other specific authorization from the City Manager.
(Retitled to “Sale or Rental of Merchandise, Goods, Property, Etc. Prohibited;
Exceptions” and amended 5–31–1994 by O–18073 N.S.)
(Amended 1-13-2023 by O-21606 N.S.; effective 2-12-2023.)
(Retitled from “Sale or Rental of Merchandise, Goods, Property, Etc. Prohibited;
Exceptions” to “Sale or Rental of Vessels in Beach Areas” and amended 2-28-2024
by O-21775 N.S.; effective 3-29-2024.)
(Amended 1-30-2025 by O-21915 N.S; effective 3-1-2025.)

It is unlawful for any unauthorized person to mar, destroy, or move any boat or public or private property on any beach or waters adjacent thereto or in Mission Bay Park. (Amended 5–31–1994 by O–18073 N.S.)

Regulated

(a) Except as otherwise permitted by this Code and except as may be permitted
by the Director, it is unlawful:

(1) To allow vessels, boats, vehicles, or trailers to remain unattended in
any beach area, including the adjacent waters and Mission Bay Park.

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(2) To moor or anchor any vessel, or for the owner of a vessel to allow
that vessel to be moored or anchored, whether occupied or
unoccupied, between the hours of ten (10:00) o’clock p.m. and seven
(7:00) o’clock a.m. in any area of Mission Bay Park.

(3) To moor or anchor any vessel, or for the owner of a vessel to allow
that vessel to be moored or anchored, and leave that vessel unoccupied
for more than two hours in Zuniga Jetty Shoals. For purposes of
section 63.20.22, Zuniga Jetty Shoals means the area within the
following Global Positioning System coordinates:

32º41’00” N/ 117º13’25’ W

32º41’09” N/ 117º11’38’ W

32º40’00” N/ 117º11’38’ W

32º40’00” N/ 117º13’25’ W

(b) Any vessel, boat, vehicle, or trailer left in violation of Section 63.20.22(a)
may be removed by the Director without notice and any cost of removal and
storage of that property may be recovered by the City of San Diego from the
owner or any other person responsible for a violation of section 63.20.22.
Nothing in this section will prevent impounding of a vessel as may be
authorized by the California Harbors and Navigation Code or by this Code.

(c) Upon impounding a boat or vessel under the authority of subsection
63.20.22(b), the Director will, within ten calendar days of the impounding,
send a registered notification letter to the owner of record advising of the
impounding and what actions the owner may take to reclaim the property. If
inadequate identifying information is available on the impounded property, no
notification is required. If the owner of the property fails to appear and pay all
fees owed the City within thirty calendar days of the impounding of the
property, the property will be subject to removal, destruction, sale, or other
disposal by the Director at the expense of the owner and without any liability
to the City for any damage to any property of the owner.

(d) Any sunken or abandoned vessels, rafts, wharves, buildings, or other
obstructions found upon any beach area within the City of San Diego,
including the adjacent waters and Mission Bay Park, may be removed,
destroyed, sold, or otherwise disposed of by the Director at the expense of the
owner and without any liability to the City for any damage to any property of
the owner.

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(e) The City may recover from the owner of any vessel, boat, vehicle, trailer, raft,
wharf, building, or obstruction all City costs incurred as a result of any
violations of this section, including costs associated with the clean-up or
repair of damaged City property.
(Retitled to “Abandoning Boats and Other Property Prohibited, Mooring and
Anchorage Regulate” and amended 5–31–1994 by O–18073 N.S.)
(Amended 4-25-2019 by O-21066 N.S.; effective 5-25-2019.)
(Amended 1-13-2023 by O-21606 N.S.; effective 2-12-2023.)

(a) For Purposes of Section 63.20.23:

“Juvenile” means any person under eighteen years of age.

“Parent” means a person who is the natural or adoptive parent of an
unemancipated juvenile. Parent includes a court– appointed guardian or other
person eighteen (18) years of age or older, authorized by the parent, by a court
order, or by a court–appointed guardian to have the care and custody of the
unemancipated juvenile.

“Peace Officer” includes any person so designated by the California Penal
Code and any City lifeguard authorized to enforce state and local codes
pursuant to Municipal Code Section 63.20.8.

(b) Offenses.

(1) It is unlawful for any person to jump or dive, or attempt to jump or
dive, into the Pacific Ocean or Mission Bay from either a natural or
human–made point connected to land which is greater than five (5)
feet above the mean level of the sea or water at the time of the jump or
dive or attempted jump or dive.

(2) It is unlawful for the parent of any juvenile to knowingly permit, or by
insufficient control allow, the juvenile to be in violation of Section
63.20.23(b)(1).

(c) Enforcement Procedure.

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(1) Upon any violation of this Section by a juvenile, a peace officer may
issue a citation to the juvenile. If cited, the juvenile and a parent must
appear in court as directed in the citation. The peace officer shall
advise the parents that the juvenile was cited for a violation of San
Diego Municipal Code section 63.20.23 and shall warn the parents of
their parental responsibility and liability. The peace officer shall make
a written record of the warning.

(2) Upon any subsequent violation of Section 63.20.23(b)(1) by the
juvenile, a parent who has been warned previously pursuant to Section
63.20.23(c)(1) is guilty of a misdemeanor and shall be required to
appear in court.

(d) Penalties. Any juvenile who violates Section 63.20.23(b)(1) is guilty of an infraction. Any other person who violates Section 63.20.23(b)(1) is guilty of a misdemeanor. In addition to any other penalty imposed by the court, any person convicted of violating this Section shall pay a fine of no less than $100.00 or be required to perform public works service or community service, or both. The parents of juveniles who violate this Section are strictly liable for ensuring payment of the fines assessed. (Amended 5–28–1996 by O–18310 N.S.)

Except for the purpose of effecting a rescue, it is unlawful for any person to introduce into or upon the waters of La Jolla Cove any floating object, such as a body board, foam object, ball, life preserver or other similar device, which is used or could be used to assist in the floatation of a person. This Section, 63.20.24, does not prohibit scuba divers from using wetsuits, swim fins or inflatable devices. (“Floats Prohibited In La Jolla Cove” added 5–31–1994 by O–18073 N.S.)

No person shall use any surfboard, paddleboard, bellyboard, skim board, ski, canoe, boat or vessel of any type, or any similar device in a negligent manner so as to endanger the life, limb or property of another person. (“Endangering Aquatic Activities” added 3–24–1976 by O–11819 N.S.)

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