PISMO BEACH CITY COUNCIL STAF REPOR
Agenda Item #12.C
Meetin Date: October 20, 2026
TITLE:
Introduction (First Reading) of an Ordinance Adding Sections to the Pismo Beach Municipal Code Relating to Fishing Areas on the Pier; Fishing Rods on the Pier; Hanging Fish, Lines, and Equipment from the Pier
RECOMMENDATION:
1. Introduce an Ordinance adding Sections 12.20.135, 12.20.145, and 12.20.165 to the Pismo Beach Municipal Code, relating to fishing areas on the Pismo Beach Pier, fishing rods on the Pismo Beach Pier, and hanging fish, lines, and equipment from the Pismo Beach Pier;
2. Direct staff to return with a resolution designating fishing areas on the Pier under Section 12.20.135 after such time that the ordinance becomes effective;
3. Provide direction to staff on the installation of pier railing cutting boards and a second cleaning station designed for larger fish.
DISCUSSION:
On September 15, 2026, the City Council directed staff to return with an ordinance restricting the hanging of catches and equipment from the Pismo Beach Pier, with exceptions for events, and restricting fishing toward the end of the Pier or in other areas; to return with options for discussion on restricting the tying of poles to the Pier and further limiting poles per person; to provide dedicated cutting boards as operationally feasible; and to use the Community Services Officer to assess issues and enforce fishing regulations on the Pier.
The draft ordinance (Attachment 1) does four things: it prohibits hanging fish, lines, and equipment from the Pier; it allows the Council to designate areas of the Pier where fishing is prohibited; it limits each person to two fishing rods on the Pier; and it prohibits fastening rods or rod holders to the structure. The ordinance consists of rules about the City’s own facility, how the structure is used, what may be attached to it, and what equipment may be brought onto it, and courts have upheld local rules of that kind even where they affect anglers (People v. Mueller (1970) 8 Cal.App.3d 949). The ordinance does not regulate fishing itself, which the state governs through the California Fish and Game Commission by setting the seasons, limits, gear, and methods for taking fish, including from public piers (Fish & G. Code, §§ 200, 205; Cal. Const., art. XI, § 7). The two-rod limit uses the number the state already allows an angler to fish with from a public pier (Cal. Code Regs., tit. 14, § 28.65(b)), so it keeps spare rods off the structure without changing how anyone fishes.
Council Agenda 10-20-2026 12.C-1
Proposed Ordinance
The proposed ordinance would add three sections, as outlined below, to the existing Chapter 12.20 of the Pismo Beach Municipal Code, which contains regulations for the pier and beach safety area.
Hanging fish, lines, and equipment (new Section 12.20.165) This section would prohibit hanging, tethering, or lowering fish from any part of the Pier, and hanging lines, nets, traps, buckets, or other equipment from the railings or other parts of the Pier or securing them over the side. Ordinary fishing, live-bait containers in use, and keeping fish in a container on the deck are preserved, as are the City’s own operation of the Pier and activities under a City lease or permit; the City Manager may authorize other exceptions in writing, including for events. Police officers, the Community Services Officer, Lifeguards, and other designated personnel may order removal and remove.
Designated fishing areas (new Section 12.20.135)
This section would authorize the Council to designate, by resolution, areas of the Pier closed to fishing, including by limiting fishing to the seaward portion, on findings of public safety, pedestrian circulation and emergency access, or conflicts with other uses, provided reasonable opportunity to fish remains. A designation may be limited to specified hours or days, takes effect when Public Works posts the signs, and can be changed by resolution as conditions change. Santa Barbara, Long Beach, Huntington Beach, and other coastal cities confine pier fishing to designated areas.
In order to implement this section, staff recommends that the Council direct staff to return with a resolution designating a fishing area that is tied to the conflicts observed on the structure, to wit the seaward-most 700 feet of the Pier (diagram provided as Attachment 2), with most of the Pier left open. If the Council directs staff to return with this resolution, it will be brought back after such time that the ordinance becomes effective.
Fishing rods (new Section 12.20.145)
This section would prohibit fastening a rod or rod holder to the railing or any other part of the Pier, and limits the rods a person may bring onto or possess on the Pier to two. A lower limit would likely be preempted, because the state sets the manner and means of taking fish (Fish & G. Code, §§ 200, 205; Ex parte Bailey (1909) 155 Cal. 472; People v.
Mueller (1970) 8 Cal.App.3d 949). City operations and permitted activities, including events, are excepted.
Enforcement
Cleaning fish anywhere but the stations has been prohibited since 1995 (Section
12.20.160). The Police Department enforces Chapter 12.20 as it does the rest of the Municipal Code (Section 12.20.250; Chapters 1.20 and 1.24), the Community Services Officer may be designated an enforcement officer under Chapter 1.24, and signs will be posted under Section 12.20.200.
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Cutting Boards and Additional Cleaning Station
To address ongoing concerns regarding the cutting of bait directly on Pier railings and benches, as well as cleaning larger fish improperly on the open deck of the Pier, staff recommends that the Council direct staff to implement upgrades to enhance cleanliness.
The improvement plan (Attachment 2) introduces five dedicated small railing cutting boards for convenient bait preparation, along with a new flat-top stainless steel table equipped with a water sprayer and dual corner drains for handling larger catches. This flat-top table will drain through the already established grate in the Pier. These new installations will complement the existing double-bay sink, which will remain in place to continue serving anglers cleaning smaller fish.
Environmental
Staff has determined that this ordinance regulates conduct on the existing City Pier and is not a project under the California Environmental Quality Act because it has no potential to cause a direct or reasonably foreseeable indirect physical change in the environment, and that if it were a project it would be exempt under CEQA Guidelines, because it can be seen with certainty that there is no possibility that it may have a significant effect on the environment. Staff has also determined that the posting of signs on the existing City Pier under Section 12.20.200 of the Pismo Beach Municipal Code is categorically exempt under CEQA Guidelines. The draft ordinance contains the required language for the Council to make findings to this effect. Any future resolution designating fishing areas under Section 12.20.135 would be accompanied by its own environmental determination.
Alternatives
In the alternative to introducing the ordinance as presented in Attachment 1, the Council may introduce the ordinance with modifications.
Conclusion and Recommendation
Staff recommends that the City Council introduce an ordinance (Attachment 1) adding Sections 12.20.135, 12.20.145, and 12.20.165 to the Pismo Beach Municipal Code, relating to fishing areas on the Pismo Beach Pier, fishing rods on the Pismo Beach Pier, and hanging fish, lines, and equipment from the Pismo Beach Pier. If the Council acts to introduce the Ordinance as recommended, it will be returned for adoption at the next available meeting and will become effective by statute 30 days thereafter.
Staff also recommends that the Council direct staff to return with a resolution designating fishing areas on the Pier, in order to implement the new Section 12.20.135. If the Council directs staff to return with this resolution, staff recommends that it designate a fishing area consisting of the seaward-most 700 feet of the Pier. This resolution would be brought back after such time that the ordinance becomes effective.
Finally, staff recommends that the City Council provide direction to staff on the installation of pier railing cutting boards and a second cleaning station designed for larger fish, as outlined in Attachment 2.
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FISCAL IMPACT:
The fiscal impact of implementing staff’s recommendations is projected to be approximately $3,000 for signage, sink, cutting boards, and staff time, which can be accommodated within existing budgets in Fiscal Year 2027. Ongoing costs for quarterly cutting board replacement, maintenance, and staff time are estimated at $3,000 annually and will be incorporated into future budgets.
ATTACHMENTS:
1. Draft Ordinance
2. Pier Improvement Plan
Submitted by:
Dean J. Pucci, City Attorney
City Manager Approval:
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ORDINANCE NO. O-2026-XXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH, CALIFORNIA ADDING SECTIONS 12.20.135, 12.20.145, AND 12.20.165 TO CHAPTER 12.20 OF THE CITY OF PISMO BEACH MUNICIPAL CODE, RELATING
TO FISHING AREAS ON THE PISMO BEACH PIER, FISHING RODS ON THE PISMO
BEACH PIER, AND HANGING FISH, LINES, AND EQUIPMENT FROM THE PISMO
BEACH PIER
WHEREAS, anglers on the Pismo Beach Pier (the “City Pier”) have hung dressed fish, including thresher sharks, from the railings into the ocean for hours at a time, and have hung lines, nets, and other gear from the structure; and WHEREAS, the City Council finds that these practices may attract marine animals to waters used by surfers and swimmers, create tripping and entanglement hazards, obstruct the railings, and leave blood and debris on the deck; and WHEREAS, the City Council finds that anglers, pedestrians, and other visitors share the City Pier’s railings, walkways, and fishing platforms, and that the City may need to limit fishing to designated areas of the City Pier to protect public safety, maintain pedestrian circulation and emergency access, or reduce conflicts among users; and WHEREAS, anglers sometimes fasten rods or rod holders to the railings of the City Pier, and bring several more rods than they are fishing with and rest the extra rods against the railings, and the City Council finds that these practices occupy railing and deck space needed by other anglers and visitors and can obstruct the walkway; and WHEREAS, state law allows a person to use two rods and lines from a public pier (California Code of Regulations Title 14, § 28.65(b)), and the City Council finds that limiting the rods a person may have on the City Pier to that number regulates equipment on City property and does not change the manner or means of taking fish; and WHEREAS, the City adopts this ordinance under its police power (California Constitution Article XI, § 7) and its authority over City property (California Government Code, § 37350) to regulate how the City Pier is used, for public safety and sanitation; and WHEREAS, this ordinance does not regulate the take or possession of fish, or fishing seasons, limits, or the manner or means of taking fish, which the state governs through the California Fish and Game Code and the regulations of the California Fish and Game Commission; it neither duplicates nor conflicts with state law, and any effect on fishing is incidental to its purposes; and
WHEREAS, this ordinance does not itself close any part of the City Pier or restrict public access to it; any designation of fishing areas under Pismo Beach Municipal Code Section
12.20.135 will be made by separate resolution.
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Attachment 1
NOW, THEREFORE, the City Council of the City of Pismo Beach does ordain as follows:
SECTION 1.
The foregoing recitals are adopted as findings of fact in support of this ordinance.
SECTION 2.
A new Section 12.20.135 of the Pismo Beach Municipal Code is hereby added, to read as follows:
12.20.135 Pier—Designated fishing areas.
A.The city council may, by resolution, designate areas of the city pier in which fishing is prohibited, including by limiting fishing to the seaward portion of the city pier, upon finding that the designation is necessary to protect public safety, to maintain pedestrian circulation or emergency access on the city pier, or to reduce conflicts between fishing and other uses of the city pier or of the adjacent waters, and that the designation leaves reasonable opportunity to fish from the city pier. A designation may apply at all times or only during specified hours or days. The resolution shall describe or map each area.
B.The department of public works shall post signs on the city pier identifying each area designated by the city council under subsection A, and any hours or days during which the designation applies. A designation takes effect when the signs are posted.
C.No person shall fish, or cast, lower, or place any line, net, or trap into the water, from any area of the city pier posted under subsection B as closed to fishing, at any time the designation applies.
D.This section does not apply to the city’s operation and maintenance of the pier, or to activities within the scope of a lease or permit from the city or authorized in writing by the city manager or designee, including for events.
SECTION 3.
A new Section 12.20.145 of the Pismo Beach Municipal Code is hereby added, to read as follows:
12.20.145 Pier—Fishing rods.
A.No person shall tie, strap, clamp, or otherwise fasten a fishing rod, or a rod holder, to the railing or any other part of the city pier.
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Attachment 1
B.No person shall bring onto or possess on the city pier more than two (2) fishing rods at any one time. The limit applies to every rod, whether or not it is in use, assembled, or rigged, and wherever it is kept, including in a case, holder, cart, bag, or other container.
C.This section does not apply to the city’s operation and maintenance of the pier, or to activities within the scope of a lease or permit from the city or authorized in writing by the city manager or designee, including for events.
SECTION 4.
A new Section 12.20.165 of the Pismo Beach Municipal Code is hereby added, to read as follows:
12.20.165 Pier—Hanging fish, lines, or equipment from pier.
A.No person shall hang, tether, lower, or otherwise secure any fish to or from any part of the city pier, including its railings, pilings, and structures below the deck, or leave any fish so secured, for any purpose, including to keep the fish alive or cool or to bleed it, and whether or not the fish is in the water.
As used in this section, “fish” includes any fish, shark, ray, or shellfish, alive or dead, any part or carcass thereof, and bait.
B.No person shall hang or suspend any rope, line, stringer, net, trap, bucket, container, or other fishing equipment from any part of the city pier, including its railings, light poles, benches, and other fixtures; tie or otherwise secure any object to the city pier so that it extends over the side of the pier or into the water; or leave any such object so hung or secured.
C.This section does not prohibit the following:
1. Fishing with rods, lines, nets, or traps in use by a person who remains on the city pier.
2.Keeping live bait in a container in use by a person on the city pier.
3.Landing or releasing a fish.
4. The city’s operation and maintenance of the city pier.
5. Activities within the scope of a lease or permit from the city or authorized in writing by the city manager or designee, including for events.
D.A police officer, community services officer, lifeguard, or other city officer or employee designated by the city manager or the chief of police may order Council Agenda 10-20-2026 12.C-7
Attachment 1
the removal of any fish or object hung or secured in violation of this section, and may remove it if the person responsible fails to comply, is absent, or has abandoned it, or if immediate removal is necessary to protect public safety or city property. A fish so removed may be disposed of immediately; other property shall be held and disposed of as provided by law. Failure to comply with an order under this subsection is a violation of this section.
E.This section regulates only the use of city property. It does not regulate the take or possession of fish, does not restrict fishing from the city pier as permitted by state law, and does not prohibit keeping fish in a container on the deck.
SECTION 5.
The City Council finds that this ordinance regulates conduct on the existing City Pier and is not a project under the California Environmental Quality Act (Public Resources Code, § 21065; CEQA Guidelines, § 15378) because it has no potential to cause a direct or reasonably foreseeable indirect physical change in the environment, and that if it were a project it would be exempt under CEQA Guidelines Section 15061(b)(3), because it can be seen with certainty that there is no possibility that it may have a significant effect on the environment. The posting of signs on the existing City Pier under Section 12.20.200 of the Pismo Beach Municipal Code is categorically exempt under CEQA Guidelines Sections 15301 and 15311(a). Any resolution designating fishing areas under Section
12.20.135 shall be accompanied by its own environmental determination.
SECTION 6.
This ordinance shall not be interpreted in any manner to conflict with controlling provisions of state or federal law, including, without limitation, the Constitution of the State of California. If any section, subsection, sentence, clause, or words of this ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections, sentences, clauses, and words shall not be affected thereby. If this ordinance, or any section, subsection, sentence, clause, or word of this ordinance shall be deemed unconstitutional or invalid as applied to a particular person or circumstance, the validity of this ordinance and its sections, subsections, sentences, clauses and words in regard to other persons or circumstances shall not be affected. The City Council hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, and word hereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, or words might be declared invalid or unconstitutional.
SECTION 7.
This ordinance shall become effective on the thirtieth (30th) day following passage and adoption hereof.
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Attachment 1
SECTION 8.
The City Clerk shall certify to the passage and adoption of this ordinance, shall enter the same in the book of original ordinances of the City and shall make a minute of the passage and adoption thereof in the records of the meeting at which the same is passed and adopted.
Before the expiration of fifteen (15) days after the passage of this ordinance, the City Clerk shall cause the same to be posted in three public places within the City of Pismo Beach, to wit: 1) City Hall, 760 Mattie Road, Pismo Beach, 2) Dinosaur Caves Park, 2701 Price Street, Pismo Beach, 3) U.S. Post Office, 100 Crest Drive, Pismo Beach.
INTRODUCED at a regular meeting of the City Council held this 20th day of October, 2026, on motion of Council Member , seconded by Council Member , and on the following roll call vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSED:
Approved: Attest:
________________________ ________________________
Ed Waage, Mayor Erica Kirkwood, City Clerk
ADOPTED at a regular meeting of the City Council held this th day of , 2026, on motion of Council Member , seconded by Council Member , and on the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSED:
Approved: Attest:
________________________ ________________________
Ed Waage, Mayor Erica Kirkwood, City Clerk
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Attachment 1
APPROVED AS TO FORM:
______________________________
Dean J. Pucci, City Attorney
CERTIFICATION OF ORDINANCE POSTING
Government Code §40806
STATE OF CALIFORNIA }
} ss.
COUNTY OF SAN LUIS OBISPO }
I, Erica Kirkwood, the City Clerk of the City of Pismo Beach, California, hereby certify in accordance with California Government Code Section 40806 that the foregoing document is a true and correct copy of Ordinance No. O-2026-XXX, titled XXXX, and that I caused the same to be duly posted in three public places within the City within fifteen (15) days of adoption thereof, pursuant to the requirements of California Government Code Section 36933.
Dated this ____th day of ______________, 2026. Witness my hand and official seal. ____________________________
Erica Kirkwood, City Clerk
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Attachment 1
Pier Improvement Recommendations
Proposed to Add: 5
Small Railing
Cutting Boards for
Bait Cutting
Table with Added Water Sprayer
and Dual Corner Drains, Plumbed
to Grate Behind Current Sink (Will
Tilt Table Back)
Cleaning Small Fish (Not Ideal for Cleaning
Larger Fish)
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Attachment 2