Section 1.04.060 Safety Enhancement Zone.
A. Designation Process. The City Council may by ordinance, or by resolution upon a finding that there is a need to take action to protect the public health, safety and welfare, designate a specific geographical area as a “Safety Enhancement Zone” and specify the date and/ by ordinance or time that the designation is effective by resolution upon a finding that the geographical area is subject to unique conditions and circumstances during a specific period of time that create the potential for creating a significant threat to public health and safety and that the threat would be reduced by enhanced penalties for violations of provisions of this Code and increased responsibilities on the part of residents and occupants in the area the public health, safety and welfare . The ordinance or resolution establishing a Safety Enhancement Zone shall contain the following provisions: (1) a description of the geographical area comprising the Safety Enhancement Zonezone; (2) the date and time during which the Safety Enhancement Zone designation is applicable to the geographical areain effect; (3) the factual basis for the designation; (4) the manner in which general notice of the Safety Enhancement Zone and theapplicable penalties for violations shall be givenprovided; and (5) the manner in which specific notice of additional duties, responsibilities and/or restrictions shall be givenprovided to owners or occupants of property affected by the Safety Enhancement Zone designationwithin the zone.
B. West Newport Safety Enhancement Zone. The City Council hereby designates as a Safety Enhancement Zone the area bounded by the Pacific Ocean on the south, 32nd Street and Newport Boulevard on the east, PacificWest Coast Highway on the north and 54th Street on the west. This designation is effective (1) , Newport Boulevard from 12:01 a.m. on the last Saturday in May until 11:59 p.m. on the last Monday in May (“Memorial Day”) during each year that the designation is in effect; (2) from 12:01 a.m. on July 5th during each year that the designation is in effect; and (3) from 12:01 a.m. on the first Monday in September (“Labor Day”) during each year that the designation is in effect. The factual basis for this designation is found in Ordinance 2025 -3 and Ordi nance 2003 -5. NoticeWest Coast Highway to West Balboa Boulevard and from West Balboa Boulevard to East Balboa Boulevard ending at B Street on the east, the Pacific Ocean on the south, and 54th Street and Jo Anne Place on the west as a Safety Enhancement Zo ne. General notice of the Safety Enhancement Zone designation, as provided for in subsection (E), shall be posted on or before 6:00 p.m. on the Friday before Memorial and Labor Day, and on July 3rd and provided at no less than three locations along West Coast Highway, two locations along Newport Boulevard /32nd, two locations on West and East Balboa Boulevard, one location on C Street, four locations along Oceanfront Walk/Seashore Drive and two locations along 54th Street . In addition, letters advising of th e Safety Enhancement Zone designation and the fines, penalties and provisions affected by the designation shall be sent, on or before April 15th, June 15th, and August 15th, to each address and each owner of property (ownership determined on the basis of the most recent property tax information available to the City) within the Safety Enhancement Zone. or Jo Anne Place.
C. Corona del Mar Safety Enhancement Zone. The City Council hereby designates as a Safety Enhancement Zone the portions of Corona del Mar bounded by the Pacific Ocean and Newport Harbor on the south, Buck Gully from the Pacific Ocean to Fifth Avenue on the east, Fifth Avenue to Dahlia Avenue (north of East Coast Highway), Dahlia Avenue (north of East Coast Highway) to East Coast Highway, and East Coast Highway to Avocado Avenue on the north, and the east side of Avocado Avenue (and its extended alignment) from East Coast Highway to Newport Harbor on the west, which area shall include Pirate’s Cove, Corona del Mar State Beach, and Little Corona Beach as well as the immediately adjacent parking lots, roads, stairs, and paths that provide ingress/egress thereto. This designation is effective (1) from 12:01 a.m. on the last Saturday in May until 11:59 p.m. on the last Monday in May (“Memorial Day”) during each year that the designation is in effect; (2) from 12:01 a.m. on July 4th to 3:00 a.m. on July 5th during each year that the designation is in effect; and (3) from 12:01 a.m. on the Saturday before the first Monday in September until 11:59 p.m. on the first Monday in September (“Labor Day”) during each year that the designation is in effect. The factual basis for this designation is found in Ordinance 2025 -3. Notice of the Safety Enhancement Zone designation shall be posted on or before 6:00 p.m. on the Friday before Memorial and Labor Day, and on July 3rd and egress thereto as a Safety Enhancement Zone.
General notice of the Safety Enhancement Zone, as provided for in subsection (E), shall be provided at no less than three locations along East Coast Highway, at least one location on MacArthur Boulevard south of San Miguel Drive, one location on Marguerite Avenue south of San Joaquin Hills Road, and at Pirate’s Cove, Corona del Mar State Beach and Little Corona Beach.
D. The designation for the West Newport and Corona del Mar Safety Enhancement Zones shall be effective: (1) from 12:01 a.m. on the Friday before the Memorial Day Holiday in May until 11:59 p.m. on Memorial Day (“Memorial Day”); (2) from 12:01 a.m. on Friday until 11:59 p.m. on Monday when the Fourth of July falls on a Friday, Saturday, Sunday or Monday; (3) from 12:01 a.m. on July 4th to 3:00 a.m. on July 5th when the Fourth of July falls on a Tuesday, Wednesday or Thursday; (4) from 12:01 a.m. on the Satu rday before the first Monday in September until 11:59 p.m. on the first Monday in September (“Labor Day”); (5) from 12:01 a.m. on the date designated by resolution of the City Council as first day of any Spring Break until the 11:59 p.m. on the last day of any designated Spring Break (“Spring Break”); and (6) at o ther times when designated by ordinance or resolution upon a finding that unique conditions during a specific period of time create a significant threat to the public health, safety and welfare. The factual basis for this designation is found in Ordinances 2026-__, 2025-3 and 2003-5.
E. General notice of the designation of the Safety Enhancement Zone shall be provided at the locations set forth in subsections B and C on or before 6:00 p.m. on the Friday before Memorial Day, Labor Day and July 4th when the Fourth of July holiday falls on Friday, Saturday, Sunday or Monday, before 6:00 p.m. on July 3rd when the Fourth of July holiday falls on a Tuesday, Wednesday or Thursday, and before 6:00 p.m. of the first day of any Spring Break as set forth in a resolution adopted by the City Council.
F. Specific Notice advising of the Safety Enhancement Zone designation and the fines, penalties and provisions shall be sent before the date set forth in the City Council resolution that designates any Spring Break, and before April 15th, June 15th, and August 15th, to each property owner within the zone, based on the most recent property tax records.
Subsection (A) of Section 5.95.045 (Conditions) of the Newport Beach Municipal Code A. All permits issued pursuant to this chapter are subject to the following standard conditions:
1. The owner shall prohibit a lessee of a lodging unit from renting the lodging unit to a transient user for a short term and from home-sharing.
2. The owner shall not rent a lodging unit to a transient user that is under the age of twenty- five (25).
3. The owner shall enter into a written agreement with the transient user that requires:
a. All persons residing in the short term lodging unit to live together as a single housekeeping unit; and
b. Limits the overnight occupancy of the short term lodging unit to the maximum permitted by the building code and fire code.
4. The owner shall ensure that the transient user complies with all terms of the written agreement set forth in subsection (A)(3) of this section.
5. The owner shall use best efforts to ensure that the transient user, occupants and/or guests of the short term lodging unit do not create unreasonable noise or disturbances, engage in disorderly conduct, or violate provisions of this Code or any state or federal law pertaining to noise, disorderly conduct, the consumption of alcohol, or the use of illegal drugs.
6. The owner shall, upon notification that any transient user, occupant and/or guest of his or her short term lodging unit has created unreasonable noise or disturbances, engaged in disorderly conduct or committed violations of this Code or any state or federal law pertaining to noise, disorderly conduct, the consumption of alcohol or the use of illegal drugs, promptly use best efforts to prevent a recurrence of such conduct by any transient user, occupant or guest.
7. The owner of the short term lodging unit shall use best efforts to ensure compliance with all the provisions of Title 6.
8. The owner of the short term lodging unit shall provide the transient user with a copy of Sections 5.95.047, 10.28.007, 10.28.010, 10.28.020, 10.58.030, and 10.66.020.
9. The owner of the short term lodging unit shall provide the transient user with a copy of the good neighbor policy created by the City and available on the City website, post a copy of the short term lodging permit and post a copy of the conditions set forth in this subsection in a conspicuous place within the unit. The notice shall be in substantial compliance with a template created by the City, which shall be available on the City website, and contain the following:
a. The name of the local contact person(s) and phone number at which that person(s) may be reached on a twenty -four (24) hour basis. The local person(s) must be located within twenty-five (25) miles of the unit and shall respond to any call related to the unit within thirty (30) minutes;
b. The number and location of on-site parking spaces; c. The street sweeping schedule for all public rights-of-way within three hundred (300) feet of the unit;
d. The trash collection schedule for the unit, and the Code rules and regulations concerning the timing, storage and placement of trash containers and recycling requirements; e. Notification that no amplified sound or reproduced sound is allowed outside or audible from the property line between the hours of 10:00 p.m. and 10:00 a.m.; and f. Notification that any transient user, occupant or guest is responsible for all activities occurring on the property and that any transient user, occupant or guest may be cited and fined for creating a disturbance or violating any provision of this Code.
10. With respect to any short term lodging unit that is located in any safety enhancement zone, the owner of the unit and any agent retained by the owner shall take immediate action during the period that the safety enhancement zone is in effect to prevent any transient user, occupant or guest from engaging in disorderly conduct or committing violations of this Code or state or federal law pertaining to noise, disorderly conduct, the consumption of alcohol or the use of illegal drugs.
11. The owner shall:
a. Ensure that all transient occupancy taxes and visitor service fees are collected and remitted to the City and otherwise comply with all transient occupancy tax and visitor service fee requirements, as set forth in Chapters 3.16 and 3.28. b. If the owner uses an agent to collect and remit the transient occupancy tax and the visitor service fee, either voluntarily or as directed by the City, the owner shall be responsible for ensuring that the agent collects and remits the transient occup ancy tax and the visitor service fee to the City pursuant to the requirements set forth in this chapter and Chapters
3.16 and 3.28.
c. If the Finance Director directs, in writing, a hosting platform to collect and remit the transient occupancy tax and the visitor service fee, the owner shall: (i) be responsible for ensuring that the hosting platform collects and remits the transient occupancy tax and the visitor service fee to the City in accordance with this chapter; and (ii) when filing a return in accordance with Sections 3.16.070 and 3.28.040, the owner shall provide the City with a copy of all receipts showing the date the short term lodging unit was rented, the name of the hosting platform, the amount of transient occupancy tax and visitor service fee collected by the hosting platform, and proof that the transient occupancy tax and visitor service fee was remitted to the City.
12. The owner shall provide the City with the name and twenty-four (24) hour phone number of a local contact person(s) (who resides within twenty -five (25) miles of the property) who shall respond to contacts from the answering service, respond to any call related to the unit within thirty (30) minutes, and ensure compliance with this chapter in a timely manner. The owner or agent must provide a new local contact person and his or her phone number within five business days, if there is a change in the local contact person(s).
13. The owner shall ensure that all available parking spaces on site, which may include garage, carport, and driveway spaces as well as tandem parking, are available for the transient user, occupant or guest of the short term lodging unit. The owner shall disclose the number of parking spaces available on site and shall inform the transient user, occupant and/or guest that street parking may not be available.
14. The owner shall maintain a valid business license and short term lodging permit when engaging in short term lodging.
15. The owner shall include the City issued short term lodging permit number on all advertisements for the rental of the short term lodging unit and shall ensure the transient user is informed of the amount of the transient occupancy tax and visitor service fee prior to completion of the booking transaction.
16. The owner shall ensure that a permitted short term lodging unit is only used for residential purposes and not used for nonresidential uses, including, but not limited to, large commercial or non-commercial gatherings, commercial filming and/or nonow ner wedding receptions.
17. The owner shall ensure that no amplified sound or reproduced sound is used outside or audible from the property line between the hours of 10:00 p.m. and 10:00 a.m. and that the transient user does not violate the requirements set forth in this chapt er and Chapters
10.28, 10.58 and 10.66.
18. The owner shall comply with the nuisance response plan submitted with the application for a short term lodging permit and approved by the Finance Director.
19. The owner shall allow the City to inspect the short term lodging unit to confirm the number of bedrooms, gross floor area, and number/availability of parking spaces, seven days after the City serves the owner with a request for inspection in accordance with Section
1.08.080. If, based on the inspection, it is determined that the information submitted to the City in accordance with Section 5.95.030 was false, in addition to any other remedy set forth in this chapter, the owner agrees that the owner shall be liable for the cost of conducting the inspection.
20. The owner shall provide the City with a copy of any written rental agreement(s) and the good neighbor policy, within seven days after the City serves the owner with a notice of request for written rental agreements and the good neighbor policy in ac cordance with Section 1.08.080.
21. Neither an owner nor the owner’s agent shall rent, let, advertise for rent, or enter into an agreement for the rental of any lodging unit, for less than two consecutive nights.
22. The owner shall:
a. Require every transient user and guest of the transient user to comply with all State and local laws that regulate parking while staying at or visiting the short term lodging unit; b. Require every transient user to provide the owner with the license plate number for all vehicles which are used by the transient user or the transient user’s guest while staying at or visiting the short term lodging unit; and
c. Provide the City with the vehicle license plate number(s) for every vehicle which was used by the transient user or the transient user’s guest while staying at or visiting the short term lodging, within seven days after the City serves the owner with a notice of request for the vehicle license plate number(s) in accordance with Section 1.08.080.
23. The owner shall ensure that any transient user or transient user’s guest complies with all State and local laws that regulate parking while the transient user or transient user’s guest is staying at or visiting the short term lodging unit. For purposes of this condition, a transient user or transient user’s guest shall be presumed to be staying at or visiting a short term lodging unit if a parking citation is issued to the transient user or the transient user’s guest within one hundred (100) feet of the property line of the short term lodging unit during the time the transient user is renting the short term lodging unit.
24. If a City law enforcement officer, fire official, code enforcement officer, or other authorized City official makes a good -faith determination that a violation of any law, ordinance, regulation or permit condition is occurring at a unit and provides verbal notice of the violation to any person occupying the site and to the owner’s local contact, the following persons shall appear in person at the unit within two (2) hours of such notice being provided:
the owner of the property or the owner’s agent; and a transient user who is 25 years or older and whose name appears on the rental agreement for the unit.
5.95.065 Suspensions and Revocations.
In addition to any fine or penalty that may be imposed pursuant to any provision of this Code including, a short term lodging permit for a unit may, or where required shall, be suspended or revoked as provided in this section.
A. Suspensions/Revocations.
1. Except as otherwise provided in this subsection, if If any person violates any short term lodging permit condition two or more times in any twelve (12) month period or any other provision of this Code, state law or federal law, two or more times in any twelve (12) month period, and the violation relates in an y way to the unit that has a short term lodging permit, the short term lodging permit for the unit may be suspended for a period of six months in accordance with subsection (B) of this section.
2. In the case of a short term lodging permit for a unit that is located in a safety enhancement zone, if there is a violation of any provision of this Code during the period that the safety enhancement zone is in effect, the short term lodging permit f or the unit may be suspended for a period of one year or revoked in accordance with subsection (B) of this section.
3. If a lodging unit that is subject to a short term lodging permit has been the location of two or more loud or unruly gatherings, as defined in Chapter 10.66, while the lodging unit was occupied on a short term basis, within any twenty-four (24) month period, the permit may be suspended for a period of one year or revoked in accordance with subsection (B) of this section. A loud or unruly gathering that occurred prior to the passage of fourteen (14) days from the mailing of notice to the owner in compliance with Section 10.66.030(D) shall not be included within the calculation of the two or more loud or unruly gatherings required to revoke a short term lodging permit.
4. If a person violates Section 5.95.020 regarding any unit that has had a short term lodging permit suspended pursuant to subsection (B) of this section, the short term lodging permit for the unit may be revoked in accordance with subsection (B) of this section.
5. If any person violates any short term lodging permit condition or any other provision of this Code, state or federal law within six (6) months of having a previously suspended short term lodging permit reinstated for a unit, and the violation relates in any way to the unit that has the short term lodging permit, the short term lodging permit for the unit may be revoked in accordance with subsection (B) of this section.
6. If any person violates any short term lodging permit condition three or more times in any twelve (12) month period or provision of this Code, state or federal law three or more times in any twelve (12) month period, and the violation relates in any w ay to the unit that has a short term lodging permit, the short term lodging permit for the unit may be revoked in accordance with subsection (B) of this section.
7. If any person fails to collect and remit transient occupancy tax or the visitor service fee in accordance with the requirements of this chapter, Chapter 3.16 or 3.28 in regards to any unit that has a short term lodging permit, two or more times withi n any thirty-six (36) month period, the short term lodging permit for the unit may be revoked in accordance with subsection (B) of this section.
8. If any person is determined to have provided false information on an application for an annual short term lodging permit, or renewal thereof, the short term lodging permit for the unit may be revoked in accordance with subsection (B) of this section.
9. If the preponderance of the evidence shows that any person has violated any of the rules, regulations or laws set forth in subsection (A)(9)(a) during a high-risk period, as defined in subsection (A)(9)(b) of this section, and the violation relates in any way to the unit that has a short term lodging permit, the short term lodging permit for the unit shall be revoked in accordance with subsection (B. ) of this section.
a. For purposes of this subsection, the applicable rules, regulations and laws are as follows: Chapters 6.40 (Prohibition of Sale Distribution and Use of Nitrous Oxide), 10.24 (Discharge of Weapons-Permission Required), 10.28 (Loud and Unreasonable Noise), 10.58 (Police Services at Large Parties, Gatherings or Events on Private Property), or 10.66 (Loud and Unruly Gatherings) of this Code; Sections 5.95.045 (A) (2), (4), (5), (6), (10), (12), (17), (18), (21), or (24) (Conditions), 5.95.047 (A) (1), (4), (5), or (6) (Violations of Permit Conditions by Transient User, Occupant or Guest), 9.04.420 (Amendments to Section 5601.1.3 Fireworks), or 10.12.020 (Interference) of this Code; California Business and Professions Code Section 25658; California Penal Code Sections 69, 148(a), 148.9, 243 (b) (c), 272, 415, 416, 29610, 22210, or 21510; Health and Safety Code Sections 12677, or 11357; and any law punishable as a felony.
b. For purposes of this subsection, a “high -risk period” shall include the following: (1) from 12:01 a.m. on the last Friday in May until 11:59 p.m. on the last Monday in May; (2) from 12:01 a.m. on Friday until 11:59 p.m. on Monday when the Fourth of July f alls on a Friday, Saturday, Sunday or Monday; (3) from 12:01 a.m. on July 4th to 3:00 a.m. on July 5th when the Fourth of July falls on a Tuesday, Wednesday or Thursday; (4) from 12:01 a.m. on the Saturday before the first Monday in September until 11:59 p.m. on the first Monday in September; (5) from 12:01 a.m. on the date designated by resolution of the City Council as first day of any Spring Break until the 11:59 p.m. on the last day of any designated Spring Break; and (6) at other times when designated by ordinance or resolution upon a finding that unique conditions during a specific period of time create a significant threat to the public health, safety and welfare.
Where a violation or set of violations qualifies for suspension or revocation under more than one subsection, the subsection that imposes the most severe penalty, including mandatory revocation, shall control.
B. Permits shall be suspended or revoked only in the manner provided in this section.
1. The FinanceAdministrative Services Director shall investigate whenever he or she has reason to believe that an owner has submitted an application that contains false information or committed a violation of a permit condition, this Code, or state or federal law related to a permitted unit. Such investigation may include, but is not limited to, on -site property inspections. Should the investigation reveal substantial evidence to support a finding that warrants a suspension or revocation of the short ter m lodging permit, the FinanceAdministrative Services Director shall issue written notice of intention to suspend or revoke the short term lodging permit. The written notice shall be served on the owner in accordance with Section 1.08.080, and shall specify the facts which, in the opinion of the FinanceAdministrative Services Director, constitute substantial evidence to establish grounds for imposition of the suspension and/or revocation, and specify the proposed time the short term lodging permit shall be suspended and/or that the short term lodging permit shall be revoked within thirty (30) days from the date the notice is given, unless the owner files with the FinanceAdministrative Services Director, before the suspension or revocation becomes effective, a request for hearing before a hearing officer, who shall be retained by the City, and pays the fee for the hearing established by resolution of the City Council.
Subject to subsection (E) of this section, failure to file a timely request for hearing and pay all applicable fees shall result in the suspension or revocation of the permit.
2. If the owner requests a hearing and pays the hearing fee, established by resolution of the City Council, within the time specified in subsection (B)(1) of this section, the FinanceAdministrative Services Director shall serve written notice on the owner, pursuant to Section 1.08.080, setting forth the date, time and place for the hearing. The hearing shall be scheduled not less than fifteen (15) days, nor more than sixty (60) days, from the date on which notice of the hearing is served by the FinanceAdministrative Services Director. The hearing shall be conducted according to the rules normally applicable to administrative hearings. At the hearing, the hearing officer will preside over the hearing, take evidence and then submit proposed findings and recommendations to the City Manager. The City Manager shall suspend or revoke the short term lodging permit only upon a finding that a violation has been proven by a preponderance of the evidence, and that the suspension or revocation is consistent with the p rovisions of this section. The City Manager shall render a decision within thirty (30) days of the hearing, and the decision shall be final as to the City but subject to judicial review pursuant to California Code of Civil Procedure Section 1094.5.
C. If a short term lodging permit is suspended, it shall be the owner’s responsibility to vacate any future bookings and remove all advertisements related to the short term rental of the unit during the term of the suspension. If a short term lodging pe rmit is revoked, it shall be the owner’s responsibility to vacate any future bookings and remove all advertisements related to the short term rental of the unit.
D. After any suspension, the owner may reapply for reinstatement of the short term lodging permit which shall be processed in accordance with Section 5.95.030, provided the owner has paid the City all amounts owed the City in accordance with this chapte r and Chapters
3.16 and 3.28.
E. The FinanceAdministrative Services Director may extend the deadlines set forth in this section if the FinanceAdministrative Services Director determines that good cause has been shown to extend the deadline.
11.08.020 Use of Shade Coverings.
A. Unless authorized or permitted to do so by formal action of the City Council, the written consent of the City Manager, or the provisions of this Codeauthorized City personnel or a special event permit , no person shall install, erect, or maintain or occupy a any shade covering, which shall include, but not be limited to, umbrellas, canopies, tents or similar objects, or group of shade coverings, which consists of two or more shade coverings, on any ocean beach, bay beach or , public park adjacent to an ocean or bay beach, or tideland unless the following provisions are complied with:that:
A. The dimensions of any shade covering or group of shade coverings shall not exceed one hundred (100) square feet or six feet in height.
B. The shade covering or group of shade coverings shall have at least three sides completely open to public view.
C. The shade covering or group of shade coverings shall not interfere with a lifeguard’s ability to see the water or adjacent lifeguard towers and any shade covering or group of shade coverings shall be relocated at the request of a lifeguard, law enfor cement officer, or other authorized personnel.
D. To allow for reasonable ingress and egress on any ocean beach, bay beach or tideland, shade coverings or groups of shade coverings, configured to comply with the maximum size restriction, shall maintain a five -foot separation from other shade coverin gs or groups of shade coverings.
E. The shade covering or group of shade coverings shall not be placed in proximity to beach fire rings so as to create a fire hazard. The reasonableness of proximity to the fire rings will be determined by existing conditions. Under no condition shall a shade covering or group of shade coverings be within ten (10) feet of any exposed fire. Any shade covering or group of shade coverings shall be relocated at the request of a lifeguard, Fire Department official, or law enforcement officer.
F . The shade covering or group of shade coverings shall not obstruct any emergency or public 1. Is connected, attached, or tied in any manner to another shade covering.
2. Is positioned so that both the base and the outer edge of the canopy, fabric, or covering are located less than five (5) feet from the base or outer edge of any other shade covering. The required separation shall be measured horizontally from the closest point of the canopy, fabric or covering and from the closest point of the base, pole, frame, or anchoring point.
3. Is grouped, arranged or positioned to allow multiple shade coverings to function as a single structure or to expand the usable shaded area, regardless of whether the individual shade covering meets the spacing requirements set forth in this section.
4. Is not sufficiently anchored to prevent displacement by wind or tides. No ropes, cords, guy lines, stakes, or similar devices may extend beyond the perimeter of the shade covering, and improvised anchors including, but not limited to, concrete blocks, buc kets, coolers, or water-filled containers, are prohibited.
5. Exceeds six (6) feet in height or six (6) feet in width at its widest point.
6. Is closed to public view on more than one side or obstructs line -of-sight access or befrom the surrounding beach or shoreline.
7. Is located within fifty (50) feet of any lifeguard tower, emergency access point, or public access. point. Proximity shall be measured horizontally from the nearest point of the shade covering to the base/edge of any lifeguard tower, emergency access point, or public access point.
G. The shade covering or group of shade8. Interferes with a lifeguard’s ability to observe the water or adjacent lifeguard towers.
9. Prohibits reasonable ingress and egress on any ocean beach, bay beach, public park adjacent to an ocean or bay beach, or tideland. Such areas shall be clearly marked by City personnel or City contractors through signage, cones, flags, painted markings, or other visible means indicating that the area is reserved for ingress and egress.
10. Is placed in proximity to a fire ring so as to create a fire hazard. The reasonableness of proximity shall be determined by existing conditions. Under no condition shall a shade covering be within ten (10) feet of any exposed fire.
B. Shade coverings shall only be erected, maintained, or occupied on any ocean beach, bay beach, public park adjacent to an ocean or bay beach, or tideland during daytime hours (6:00 a.m. to 7:00 p.m .). (Ord. 2009 -18 § 2, 2009: 1949 Code § 4200a) .) and only when a responsible person is present in the immediate vicinity.
C. A shade covering shall be immediately removed during hazardous weather conditions, high wind advisories, emergency operations, or when otherwise directed by a fire official, lifeguard, law enforcement officer, or other authorized City personnel for public safety reasons.
D. Any shade covering that violates subsections A (7) through A (10) or C of this section, shall be immediately relocated at the request of a fire official, lifeguard, law enforcement officer, or other authorized City personnel. Failure to immediately comply with a request to relocate shall constitute a violation of this section.
E. For purposes of this section the term “shade covering” shall include any umbrella, canopy, or other shade structure.