Chapter 9.30 SURF SCHOOL REGULATIONS

Chapter 9.30
SURF SCHOOL REGULATIONS

Sections:

9.30.030 Surf school permits and permit fees.

9.30.010 Application of chapter.

This chapter shall apply to all surf schools that operate in the city of Capitola to the extent that they use Capitola beaches and surf breaks for which Capitola lifeguards and the Capitola police department have health, safety and rescue responsibility. Said beaches and surf breaks include Capitola Main Beach, Hooper’s Beach, First Jetty Break, Main Peak Break, Hooper’s Break and Toes Over Break, as designated on the map attached (Exhibit A) to this chapter and incorporated herein. As used in this chapter, the term “surf school” is defined as any person, business or other entity, which, for compensation, teaches individuals how to board surf, body surf, boogie board or kayak surf.

Exhibit A – Capitola Surf Break Map

(Ord. 1005 (part), 2016: Ord. 929 § 1, 2008)

9.30.020 Surf school regulations.

A. Student to Instructor Ratio. The maximum student to instructor ratio for surf schools while operating on Capitola beaches and surf breaks shall be four students per one instructor.

B. Maximum Total of Surf School Students/Surf Schools. The total number of surf school students using Capitola beaches and surf breaks during any single period of time shall not exceed eight students. A maximum of five surf schools will be licensed and permitted within the city of Capitola to conduct surf lessons on Capitola beaches each year.

C. Surf School Instructor Qualifications. Every surf school instructor who uses Capitola beaches and surf breaks to instruct surf school students shall at a minimum currently have the following certifications and qualifications: Basic First Aid; CPR; Department of Justice (DOJ) Live Scan fingerprint clearance and criminal history check.

D. Surf School Uniforms. Surf schools which conduct operations on Capitola beaches and surf breaks shall, while conducting said operations, assure that all students and instructors wear uniform shirts or vests identifying their respective surf schools. Said shirts or vests shall be sufficiently distinctive in color or design so as to allow Capitola lifeguards and police officers to differentiate between surf schools. The city when issuing surf school permits may designate the color shirt or vest to be employed by a surf school for this purpose. It is recommended the surf schools utilize the same colored jerseys as assigned in the city of Santa Cruz.

E. Surf School Equipment. Surf schools which conduct operations on Capitola beaches and surf breaks shall, while conducting said operations, use only the following types of equipment: soft foam boards with leashes for beginners; “hard boards” with leashes for intermediate and advanced lessons at instructor’s discretion; provided, that in any such “hard board” lesson session the student to instructor ratio shall not exceed two students per instructor.

F. Surf School Insurance. Surf schools shall not be permitted to conduct operations on Capitola beaches and surf breaks unless and until they have provided to the city proof that they currently have in place liability insurance in an amount prescribed by city council resolution as well as worker’s compensation insurance as required by state law. Surf schools shall also have a safety and evacuation plan on file.

G. Other Applicable Regulations. Surf schools that conduct operations on Capitola beaches and surf breaks shall comply with all other applicable federal, state and local statutes and regulations including but not limited to Chapter 8.64 of this code pertaining to water sports and equipment, Chapter 5.04 of this code pertaining to business license taxes and applicable California Labor Code statutes governing employment including statutes governing wages, hours and worker’s compensation. (Ord. 1005 (part), 2016: Ord. 929 § 1, 2008)

9.30.030 Surf school permits and permit fees.

A. Permits. No surf school shall conduct operations on Capitola beaches or surf breaks without first obtaining a permit to do so from the Capitola police department. The permit shall assure compliance with the surf school regulations set forth in Section 9.30.020 and at a minimum shall specify the following:

1. The maximum number of instructors and students the permitted surf school may have while conducting its operations.

2. The specific locations at which the permitted surf school may conduct its operations.

3. The type and color of uniform shirt or vest to be worn by surf school instructors and students.

4. The types of equipment that may be used by the permitted surf school while conducting its operations on Capitola beaches and surf breaks.

B. Permit Fees. The Capitola police department shall assess permit fees to surf schools, which shall be due and payable in full at the time of permit issuance. The amount of the fee shall be set by city council resolution and shall correspond to the costs incurred by the city in administering this chapter, regulating surf schools in accordance with this chapter and providing public safety services attributable exclusively to the operation of surf schools on city beaches and surf breaks. To this end, to the extent it is necessary for the city to employ lifeguards or other law enforcement personnel that would not otherwise be required but for the conduct of surf school operations on Capitola beaches and surf breaks, as part of its permit fee assessment the city may recover from those surf schools on a pro rata basis the costs it incurs employing said lifeguards or law enforcement personnel. (Ord. 1005 (part), 2016: Ord. 929 § 1, 2008)

9.30.040 Indemnification.

No surf school shall conduct operations on Capitola beaches and surf breaks without first executing an agreement to indemnify the city against and hold the city harmless from all claims for death, personal injury or property damage caused or allegedly caused by the surf school’s operations. The indemnification/hold harmless agreement shall be in a form approved by the city attorney. Surf school liability insurance procured by surf schools to comply with Section 9.30.020(F) shall name the city as an additional insured. (Ord. 1005 (part), 2016: Ord. 929 § 1, 2008)