ORDINANCE NO. 1801
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE ADDING SECTION 12.28.025 TO THE SAN CLEMENTE MUNICIPAL CODE RELATING TO MUNICIPAL GOLF COURSE TEE TIME RESERVATIONS WHEREAS, Article XI, Section 7 of the California Constitution authorizes the City of San Clemente (“City”) to enact and enforce ordinances that regulate conditions which may be public nuisances or health hazards, or promote social, economic or aesthetic considerations, the City Council finds that adoption of this Ordinance is necessary to promote the health, safety, welfare, and recreational opportunities of the community; and WHEREAS, the City owns, operates, and maintains municipal golf courses and related recreational facilities for the benefit of the general public; and WHEREAS, the City Council has a legitimate and substantial interest in ensuring that access to City recreational facilities is fair, transparent, and consistent with City-adopted policies and fee schedules; and WHEREAS, tee time reservations at City-operated golf courses are a limited and finite public resource, the availability of which is controlled by the City through reservation systems and operational rules; and WHEREAS, the City issues tee time reservations as revocable, non-transferable licenses to access City property, and such reservations do not constitute property rights or transferable interests; and WHEREAS, the City Council has become aware that certain third parties have, without City approval, advertised, offered, brokered, or resold tee time reservations for City golf courses for private profit, including through online platforms and other commercial means; and WHEREAS, the City Council further finds that some third parties use automated software, scripts, bots, or similar technological means to acquire tee time reservations in a manner that circumvents City reservation controls and restricts public access; and WHEREAS, such unauthorized commercial activity interferes with the City’s ability to manage its facilities, undermines public confidence in City reservation systems, limits access for residents and lawful users, and allows private parties to profit from City-controlled resources without authorization; and WHEREAS, while the City currently regulates tee time reservations through operating resolutions, course rules, and administrative policies adopted under Title 12 of the San Clemente Municipal Code, those provisions do not expressly prohibit third-party resale, brokering, advertising, or automated acquisition of tee times; and WHEREAS, the City Council finds it necessary and appropriate to codify clear standards of conduct relating to municipal golf course tee time reservations in order to provide effective enforcement authority and protect the public interest; and WHEREAS, this Ordinance is intended to regulate conduct, not speech, and is narrowly tailored to prevent unauthorized commercial exploitation of City recreational facilities while preserving lawful access for the general public.
NOW, THEREFORE, the City Council of the City of San Clemente, California, hereby ordains as follows:
SECTION 1. The recitals above are each incorporated by reference and adopted as findings by the City Council.
SECTION 2. San Clemente Municipal Code Chapter 12.28 is hereby amended to add Section 12.28.025, to read as follows:
Section 12.28.025, Municipal Golf Course Tee Time Reservations Definitions
For purposes of this Section, the following definitions shall apply:
“Automated Means” includes, but is not limited to, bots, scripts, software programs, automated purchasing tools, scraping tools, or any technological process designed to obtain reservations faster or in greater volume than a human user. “City Golf Course” means any golf course owned, operated, or managed by the City of San Clemente, including all related facilities. “Commercial Activity” means advertising, offering for sale, selling, reselling, brokering, soliciting, or receiving compensation or anything of value in exchange for a tee time. “Reservation Holder” means the individual in whose name a tee time is issued. “Tee Time” means a reservation, booking, or scheduled time issued by or on behalf of the City granting limited permission to access a City golf course for play. “Third Party” means any person or entity other than the Reservation Holder or the City.
Tee Times Revocable
All Tee Times for a City Golf Course are revocable licenses issued subject to City rules and policies, and shall not be sold, assigned, transferred, or used for any Commercial Activity unless expressly authorized in advance in writing by the City.
Prohibited Conduct
It shall be unlawful for any person or entity to:
Advertise, offer, sell, resell, broker, solicit, or attempt to sell a Tee Time for a City Golf Course without prior written authorization from the City; Acquire or attempt to acquire Tee Times for the purpose of resale or Commercial Activity; Use automated means to access, reserve, block, or secure Tee Times; Advertise or represent, expressly or impliedly, that a person or entity is authorized to sell or secure Tee Times on behalf of the City when no such authorization exists; Accept compensation or anything of value in connection with securing or attempting to secure a Tee Time for another person.
Enforcement and Remedies
Any violation of this Chapter constitutes a public nuisance and may be enforced by any lawful means, including administrative citation, civil action, and/or injunctive relief.
A violation of this Chapter is a misdemeanor punishable pursuant to 1.16.010 of this Code.
The City may void or cancel any Tee Time obtained or used in violation of this Chapter without refund.
Each day a violation continues shall constitute a separate and distinct violation.
In addition to any other remedy, the City may seek disgorgement of unlawfully obtained proceeds, and recovery of enforcement costs and attorney’s fees as authorized by this Code.
In addition to any other remedy, the City may suspend, restrict, or revoke a person’s ability to reserve or use City Golf Course facilities, including disabling online reservation access, for a period of time deemed appropriate by the City, where the City determines that such person has violated this Chapter or has knowingly obtained or used a tee time secured in violation of this Chapter.
No Limitation on Other Authority
Nothing in this Section shall be construed to limit the City’s authority to enforce other provisions of this Code, deny or revoke access privileges, require compliance with Title 5 (Business Licenses), or pursue remedies under applicable state or federal law.
SECTION 3. Effective Date. This Ordinance shall take effect thirty (30) days following its adoption.
SECTION 4. Publication. The City Clerk shall certify to the adoption of this Ordinance and cause it, or a summary of it, to be published once within fifteen (15) days of adoption in a newspaper of general circulation printed and published within the City of San Clemente, and shall post a certified copy of this Ordinance, including the vote for and against the same, in the Office of the City Clerk in accordance with California Government Code section 36933.
SECTION 5. Records. The documents and materials associated with this Ordinance that constitute the record of proceedings on which the City Council’s findings and determinations are based are located at City Hall, 910 Calle Negocio, San Clemente, CA 92673.
SECTION 6. Severability. If any provision of this ordinance or its application to any person or circumstance is held invalid, such invalidity has no effect on the other provisions or applications of the ordinance that can be given effect without the invalid provision or application, and to this extent, the provisions of this ordinance are severable. The City Council declares that it would have adopted this ordinance irrespective of the invalidity of any portion thereof.
APPROVED AND ADOPTED this ______ day of _____________, 2026.
ATTEST:
______________________________ ______________________________ City Clerk of the City of Rick Loeffler, Mayor of the City of San Clemente, California San Clemente, California
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN CLEMENTE )
I, Laura Campagnolo, City Clerk of the City of San Clemente, California, hereby certify that Ordinance No. 1801 having been regularly introduced at the meeting of _________, 2026, was again introduced, the reading in full thereof unanimously waived, and duly passed and adopted at a regular meeting of the City Council held on the ______ day of _________________, 2026, and said ordinance was adopted by the following vote:
AYES:
NOES:
ABSENT:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Clemente, California, this ______ day of ______________, ______. _____________________________ CITY CLERK of the City of San Clemente, California APPROVED AS TO FORM:
_________________________________
Elizabeth A. Mitchell, City Attorney
Ordinance No.1801 Page 2
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