O2246F:\MunicipalLaw/Share\Laws\MJM\SurfingOrdinance2d
City Council Meeting 1-22-08 Santa Monica, California
ORDINANCE NUMBER 2246 (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AMENDING SANTA MONICA MUNICIPAL CODE SECTIONS 4.08.025 AND 4.08.060
RELATING TO REGULATION OF BEACH AND WATER ACTIVITIES AT SANTA
MONICA STATE BEACH
WHEREAS, over twelve million City residents and visitors recreate at Santa
Monica State Beach each year; and
WHEREAS, many people use the surf for a variety of water sports; and
WHEREAS, portions of the beach and water are often very crowded, particularly
during summer months and on holidays; and
WHEREAS, beach and surf usage by professional surf instructors as well as
organized youth programs is proliferating; and
WHEREAS, crowding in the water poses a threat to the safety of both surfers
and swimmers; and
WHEREAS, commercial and group usage of the beach and water contributes
significantly to crowding and makes lifeguards' work more difficult; and
WHEREAS, the County lifeguards have asked the City to adopt a permitting
system to regulate group beach/water usage; and
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WHEREAS, to maintain water safety and maximize public recreational
opportunities, it is necessary for the City to regulate certain water and beach activities
including surfing instruction and organized youth programs;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Santa Monica Municipal Code Section 4.08.060 is hereby amended as
follows:
Section 4.08.060 Surfing and surf instruction
authorization.
(a) It shall be unlawful for any person to:
(1) Use a surfboard in any area that has been
posted as a "No Surfing" area;
(2) Provide surfing instruction, training, or
coaching for compensation without City authorization.
(b) The Director of Community and Cultural
Services may promulgate regulations implementing this
section, limiting opportunities for commercial use of the
beach for surf instruction, and establishing a process or
processes for allocating such opportunities. Those
regulations shall ensure that the beach and the surf remain a
shared public resource, that the natural beauty of the beach
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is preserved, that the beach remains available for both active
and passive recreation and respite, that public safety is
protected, that opportunities to use the beach or surf for
commercial purposes are fairly allocated, that opportunities
for surfing lessons are maximized for all segments of the
community, including persons of all ages and economic
groups, and that instructional opportunities are diverse,
including private instruction and classes of various sizes.
(c) Authorization shall be prioritized as follows:
1. First priority shall go to City-operated or City-
contracted programs.
2. Second priority shall go to accredited
educational institutions providing surf instruction for school
credits.
3. Other authorizations shall be issued on a
competitive basis such as a Request for Proposal process.
(d) Commercial for-profit enterprises shall pay the
City a fee, which shall be set by Council resolution in an
amount sufficient to cover the cost of administering the
authorization system, and a charge consisting of a
percentage of gross receipts.
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(e) Those authorized to provide surf instruction
must comply with all applicable federal, state, and city laws,
rules and regulations, including those governing the
operation of a business in Santa Monica.
(f) Any person violating this Section or the
regulations promulgated pursuant to this section shall be
guilty of an infraction, which shall be punishable by a fine not
exceeding two hundred fifty dollars ($250), or a
misdemeanor, which shall be punishable by a fine not
exceeding one thousand dollars ($1,000) per violation, or by
imprisonment in the County Jail for a period not exceeding
six months, or by both such fine and imprisonment.
SECTION 2. Santa Monica Municipal Code Section 4.08.025 is hereby amended
as follows:
Section 4.08.025. Youth Group Beach/water
activity permits.
Camps; clubs, schools, churches, and other organized
groups must have abeach/water activity permit issued by
the Community and Cultural Services Department of the City
when more than twenty children seventeen years old or
younger will be entering the water. Permits for on-going use
(groups that use the beach more than once a week) at
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specified areas of the beach shall be issued on a priority
basis first to City-operated or City-contracted programs.
Other permits or authorizations shall be granted on a
competitive basis such as a Request for Proposal process.
Permits for occasional use (groups that use the beach once
a week or less) shall be issued on a first come, first served
basis. A fee may be charged to cover costs arising from
administering the permit system, and other costs arising
from group beach-and water activities. A beach/water
activity permit will not be required if a group has a
community events permit. If the water/beach activity
includes surf instruction for compensation, the provisions of
Section 4.08.060 apply.
SECTION 3. Any provision of the Santa Monica Municipal Code or appendices
thereto inconsistent with the provisions of this Ordinance, to the extent of such
inconsistencies and no further, is hereby repealed or .modified to that extent
necessary to effect the provisions of this Ordinance.
SECTION 4. If any section, subsection, sentence, clause, or phrase of this
Ordinance is for any reason held to be invalid or unconstitutional by a decision of
any court of competent jurisdiction, such decision shall not affect the validity of
the remaining portions of this Ordinance. The City Council hereby declares that
it would have passed this Ordinance and each and every section, subsection,
sentence, clause, or phrase not declared invalid or unconstitutional without
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regard to whether any portion of the ordinance would be subsequently declared
invalid or unconstitutional.
SECTION 5. The Mayor shall sign and the City Clerk shall attest to the passage
of this Ordinance. The City Clerk shall cause the same to be published once in
the official newspaper within 15 days after its adoption. This Ordinance shall
become effective 30 days from its adoption.
APPROVED AS TO FORM:
~~~ J~~~'~p~
M RSHA J NES P OUTRIE
Ci Atto n ,y
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Approved and adopted this 22nd day of January, 2008.
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Richard Bloom, Mayor Pro Tem
State of California )
County of Los Angeles) ss.
City of Santa Monica )
I, Maria M. Stewart, City Clerk of the City of Santa Monica, do hereby certify that the
foregoing Ordinance No. 2246 (CCS) had its introduction on January 8, 2008, and was
adopted at the Santa Monica City Council meeting held on January 22nd, 2008, by the
following vote:
Ayes: Council members:
Noes: Council members:
Abstain: Council members:
Absent: Council members:
Genser, Holbrook, McKeown, O'Connor,
Mayor Pro Tem Bloom
None
None
Shriver
Mayor Katz
A summary of Ordinance No. 2244 (CCS) was duly published pursuant to California
Government Code Section 40806.
ATTEST:
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Maria M. Stew rt, City Clerk