Chapter 5.90


5.90.010    Definitions.

5.90.020    Application of chapter.

5.90.030    Permit – Required – Fee – Application generally.

5.90.040    Permit – Contents of application.

5.90.050    Permit – Plans required.

5.90.060    Permit – Issuance or denial of permit.

5.90.070    Permit – Revocation and suspension of permits.

5.90.080    Appeals.

5.90.090    Swimming areas or pools – General regulations.

5.90.100    Lifeguards – Qualifying certificate required.

5.90.110    Manager and first-aid qualified personnel required.

5.90.120    Insurance.

5.90.130    Free access to peace officers.

5.90.140    Persons prohibited.

5.90.150    Granting of exceptions.

5.90.010 Definitions.

For the purposes of this chapter, unless it is plainly evident from the context that a different meaning is intended, certain terms used herein are defined as follows:

(a)    “Attendant” means any person employed for or performing the function of assisting the manager or supervisor of a commercial swimming facility.

(b)    “Commercial swimming facility” means any area, premises or place wherein any person conducts, carries on or owns a business in which fees are collected or any consideration paid for the admission of the public to a pool, beach, lake, stream, reservoir, or any other natural or artificial body of water in which persons engage in recreational swimming, bathing or wading; provided, however, that a swimming pool not operated for profit, but merely as incidental to another business or activity such as a hotel, motel, apartment house, health club, private club, public or parochial school, shall not be deemed a “commercial swimming facility” for the purposes of this chapter.

(c)    “Lifeguard” means any person employed for or performing the function of directly supervising patrons at a commercial swimming facility and safeguarding them from drowning or injury.

(d)    “Manager” or “supervisor” means any adult person employed for or performing the function of managing, supervising and maintaining a commercial swimming facility. (Ord. 244 § 1. 1990 Code § 3-8300.)

5.90.020 Application of chapter.

The provisions of this chapter shall not apply to activities operated and maintained by any governmental agency, or when, by virtue of state law, local regulation is inapplicable. (Ord. 244 § 1. 1990 Code § 3-8301.)

5.90.030 Permit – Required – Fee – Application generally.

(a)    No person shall manage, conduct, carry on or own the business of operating a commercial swimming facility within the city unless a permit has been obtained therefor and is in full force and effect.

(b)    Application for any such permit shall be made in writing to the city manager of the city in such form as shall be prescribed by him/her, and shall contain the information as required by Sections 5.90.040 and 5.90.050. No such application shall be received by the city manager unless accompanied by an application processing fee of $50.00.

(c)    Any such application shall be made and signed by the proprietor or his/her duly appointed agent and shall bear a certification or a declaration as provided by Cal. Civ. Proc. Code § 2015.5. (Ord. 244 § 1; amended during 2012 reformat. 1990 Code § 3-8302.)

5.90.040 Permit – Contents of application.

Upon the application the applicant shall specify the following:

(a)    Location of the proposed commercial swimming facility;

(b)    Zoning district in which the location is situated;

(c)    Name and address of the principal place of business of the proprietor;

(d)    Proprietor’s business structure, whether individual, corporation, partnership, association, etc.;

(e)    Name and address of the proprietor and of the operator;

(f)    Name and address of the owner of the real property upon which the commercial swimming facility will be located;

(g)    Proprietor’s interest in such real property;

(h)    General nature of the facility and whether the same will be located wholly or partly on open ground or enclosed within a roofed building or other structure;

(i)    Nature and extent of devices, equipment and other improvements to be installed, operated and maintained upon the premises. (Ord. 244 § 1. 1990 Code § 3-8303.)

5.90.050 Permit – Plans required.

As a condition of acceptance of any permit application, the city manager shall require applicant to accompany such application with two sets of plans in such form and detail as the city manager shall prescribe. The city manager may require such plans to have been prepared by a licensed land surveyor or registered civil engineer of the state of California. Such plans shall show the following:

(a)    Nature, size and location of physical characteristics of land involved, devices, equipment and other improvements to be constructed, operated or maintained on the premises;

(b)    Location and height of all fences, walls or other barricades or partitions in or upon or enclosing the proposed facility;

(c)    Location and height of all poles bearing illumination fixtures; number of lights per pole and wattage per individual light;

(d)    Location and height of all power-line poles, other than poles bearing illumination fixtures;

(e)    Location and minimum height of all overhead electric wiring with indication of all voltage carried thereby;

(f)    Size and location of any ticket office, observation booth or any other building or structure of similar use;

(g)    Size and location of all fixed or attached benches, chairs, settees, lounges, tables, counters, bleachers, grandstands or other furniture or installations for the seating or other accommodation or use of any person;

(h)    Size and location of sanitary and toilet facilities;

(i)    Size and location of all entrances, exits, and interior streets and paths;

(j)    Size and location and layout of all off-street parking;

(k)    Layout of public address system and specification of wattage rating of amplifier;

(l)    Size and location of all buildings, structures or installations, real or personal, constructed, installed, maintained, or being within or upon the facility;

(m)    Any other information necessary to enable the city manager properly to evaluate and process the application. (Ord. 244 § 1. 1990 Code § 3-8304.)

5.90.060 Permit – Issuance or denial of permit.

Upon receiving any application for permit to conduct a commercial swimming facility business, the city manager shall investigate or cause to be investigated the application and the proposed facility and operation. If any use permit or other permit or license is required under the provisions of Title 18 or under the provisions of any other section of this code or other law, the city manager shall refer the applicant to the appropriate city department or other agency where any such permit, use permit or license must be obtained. Upon completion of his/her investigation the city manager shall issue the commercial swimming facility permit as herein provided, unless he/she shall find, as a result of his/her investigation, that:

(a)    The operation of the business as proposed would, for any reason, place the general public or the patrons of the facility in a position of undue danger of hazard to life or limb, or that adequate and appropriate safety precautions, devices and other safeguards will not be provided for the protection of the patrons and of the public.

(b)    The applicant has not obtained any other permit, use permit or license required by this code or by any other provision of law.

(c)    The applicant does not or will not, at the time of commencement of operations, have in effect the legal liability insurance as required by Section 5.90.120.

(d)    For any other reason, the granting of the permit would be in violation of any law or would endanger the public health, peace, morals or safety. (Ord. 244 § 1; amended during 2012 reformat. 1990 Code § 3-8305.)

5.90.070 Permit – Revocation and suspension of permits.

Any permit issued pursuant to the provisions of this chapter may be suspended or revoked by the city manager wherever, after hearing, it has been found by the city manager that:

(a)    The permit holder has been guilty of violating any provision of this chapter or of this municipal code, or any law of the state of California, in connection with operations under such permit; or

(b)    Permit holder’s employees have been guilty of violations of law in connection with operations under such permit, and the permit holder, after knowledge thereof, has failed to take effective measures to prevent repetition of such violations; or

(c)    There exists any state of facts which would have been sufficient reason to deny such permit when applied for, regardless of when such state of facts arose; or

(d)    Such person’s conduct indicates he/she is not a fit and proper person to hold such permit or that the protection of the public peace, health, safety, morals or general welfare requires such suspension or revocation. (Ord. 244 § 1; amended during 2012 reformat. 1990 Code § 3-8306.)

5.90.080 Appeals.

Any person aggrieved by any act or failure to act on the part of the city manager either in issuing, failing to issue, or revoking any permit provided for under this chapter may appeal to the city council pursuant to Chapter 1.25. (Ord. 244 § 1; Ord. 1078 § 3, 12-9-75. 1990 Code § 3-8307.)

5.90.090 Swimming areas or pools – General regulations.

No person shall manage, conduct, carry on or own the business of operating any commercial swimming facility unless:

(a)    The swimming area or pool is adequately fenced to the extent necessary to enable the management to control and regulate, to a reasonable degree, the access and entry of the public thereto.

(b)    There is present and on duty, at all times during the public’s use of the swimming facilities, at least one qualified lifeguard for every 4,000 square feet of water surface in any pool, and for every 300 lineal feet of frontage in use on any beach, watercourse or other natural area of water.

(c)    Any such swimming facilities, when open to public use between the hours of one-half hour after location sunset to one-half hour before location sunrise, are illuminated with a light intensity of not less than five foot-candles at the level of the water area; and unless, at such times, any pool has lighting below the water surface, sufficient to illuminate the entire bottom of such pool.

(d)    A telephone is maintained that is easily and readily accessible, and the emergency numbers of ambulance services, available resuscitator services, and of the fire department and police department are conspicuously posted and maintained on or near said telephone.

(e)    Any provisions of any ordinance of this city or section of this code to the contrary notwithstanding, there is installed and maintained at any such swimming facility a public address system of sufficient capacity, design and volume to provide at all times a voice transmission clearly audible to all persons at such facility. Such public address system shall be operated at all times when the public is present, for the primary purpose of directing and controlling the activities of all persons using the swimming facilities. The operating sound level of such public address system shall at no time exceed 20 decibels measured at any point 50 feet beyond the perimeter of the commercial swimming facility.

(f)    There is maintained at all times on the premises separate sanitary and toilet facilities for both sexes, such facilities to be of a type and extent approved by the city manager as adequate to service the commercial swimming facility. (Ord. 244 § 1. 1990 Code § 3-8308.)

5.90.100 Lifeguards – Qualifying certificate required.

No person managing, conducting, carrying on or owning the business of operating any commercial swimming facility shall employ or allow any person to act as a lifeguard, nor shall any person so act at any such commercial swimming facility, unless such person is at least 17 years of age, and unless such person holds a current and valid American Red Cross life saving certificate or its equivalent as approved by the city manager. (Ord. 244 § 1. 1990 Code § 3-8309.)

5.90.110 Manager and first-aid qualified personnel required.

No person shall manage, conduct, carry on or own the business of operating any commercial swimming facility unless, at all times during which such facility is open to the public, there is present and on duty at least one manager or supervisor, and unless, at all such times, there is present and on duty at least one manager, supervisor or attendant, other than any required lifeguard, who is qualified with a certificate of the American Red Cross standard first-aid course or its equivalent as approved by the city manager, and unless such person has immediately available on the premises an adequate first-aid kit approved by the city manager. (Ord. 244 § 1. 1990 Code § 3-8310.)

5.90.120 Insurance.

No person shall conduct, manage, carry on or own the business of operating a commercial swimming facility unless he/she carries legal liability insurance for personal injury in limits of at least $50,000 for any one occurrence, and at least $25,000 for any one person per occurrence. (Ord. 244 § 1; amended during 2012 reformat. 1990 Code § 3-8311.)

5.90.130 Free access to peace officers.

Any peace officer or inspector of the city or of the state of California or any officer or official of the United States government charged with the duty of enforcing police laws of the United States government shall have free access at all times to any commercial swimming facility when performing official functions. (Ord. 244 § 1. 1990 Code § 3-8312.)

5.90.140 Persons prohibited.

No person conducting, managing, carrying on or owning the business of operating a commercial swimming facility, or any employee thereof, shall harbor, admit or receive, or permit to be or remain in or about such place any intoxicated or boisterous person or any person under the influence of intoxicating liquors, or any person whose conduct while present in such place tends to create a violation of any of the provisions of this code or any of the laws of this city or the state of California, or which tends in any way to corrupt the good morals of any person or persons on the premises of such place, or in any way interferes with the proper management or control of such commercial swimming facility. (Ord. 244 § 1. 1990 Code § 3-8313.)

5.90.150 Granting of exceptions.

Upon petition therefor made by any applicant for a permit to operate a commercial swimming facility, such petition to be accompanied by a filing fee of $10.00, the city council shall have the power to grant an exception to any of the provisions of this chapter where the applicant can show, to the satisfaction of the city council, that any such provision, as applied to him/her, by reason of exceptional or extraordinary situation or conditions of his/her property or the location thereof, or by reason of special circumstances applicable in the particular case, will involve practical difficulties or would cause undue hardship, unnecessary to carry out the purposes and spirit of this chapter. The city council may deny any such petition for exception or may grant the same in whole or in part or upon specified conditions, where it deems such action just and equitable and not a grant of special privilege inconsistent with requirements generally imposed upon other permit holders in the same general category as the petitioner. (Ord. 244 § 1; amended during 2012 reformat. 1990 Code § 3-8314.)