44.1.1 ALCOHOLIC BEVERAGE.
Alcoholic beverage includes alcohol, spirits, liquor, wine, beer and every liquid or solid containing one-half (1/2) of one (1) percent or more of alcohol by volume and which is fit for beverage purposes either alone or when diluted, mixed, or combined with other substances.
44.1.2 ARTICLE.
Shall mean an article of this Chapter unless some other Article or statute is mentioned.
44.1.3 BEACH.
a) Beach means a public beach or shoreline area bordering the Pacific Ocean, owned, managed or controlled by the County of Los Angeles or the City of Torrance and located within the City of Torrance. For the purpose of this Section, the beach shall include all of the land in the City lying west of the following described line:
Beginning at the intersection of the Easterly line of the Westerly 123 feet of Lot 2, Block C of Tract No. 10303, as per map recorded in Book 152, pages 34 through 37 of Maps, Records of the County of Los Angeles, with the northerly line of said Lot 2; thence southerly along said easterly line to the Southerly line of said Lot 2; thence Easterly along said southerly line to the Easterly line of said Lot 2; thence Southerly along the Easterly lines of Lots 3 through 20, Block C, of said Tract No. 10303; thence continuing Southerly along the Easterly lines of Lots 1 through 5, Block D, of Tract 10307 as per map recorded in Book 165, pages 15 through 17 of Maps, Records of said County, to the Southerly line of Lot 2, of Tract No. 8875 as per map recorded in Book 145, pages 98 and 99 of Maps, Records of said County; thence Westerly along said Southerly line to the point of intersection of the ground surface with the plane surface twenty-five (25) feet above Mean Sea Level; thence, Southerly along the intersection of said plane surface with the ground of Lots 5 through 13, Block D, of said Tract No. 10307 and Lots 147 through 168 of Tract No. 18379, as per map recorded in Book 563, pages 9 through 14 of Maps, Records of said County.
b) The provisions of this Chapter shall apply to all Ocean beaches in the City whether publicly or privately owned or maintained, which are maintained for the use of the general public by the State of California, or by any department thereof, or by any other public body. This Chapter does not apply to parks.
44.1.4 COUNTY.
Shall mean the County of Los Angeles.
44.1.6 DIRECTOR.
Shall mean the Director of the Los Angeles County Department of Beaches, his deputy, or other persons authorized by him pursuant to law to act in his stead.
44.1.7 CITY MANAGER.
Shall mean the City Manager of the City of Torrance.
44.1.8 PERSON.
Includes every person, firm or corporation.
44.1.9 SECTION.
Shall mean a Section of this Chapter unless some other statute or ordinance is specifically mentioned.
44.1.10 SHALL AND MAY.
Shall is mandatory and may is permissive.
44.1.11 VESSEL
Includes every description of watercraft, other than a seaplane on the water, used or capable of being used as a means of transportation on water. Vessel includes a raft, but does not include a surfboard, paddle board, or a standard surf mat.
44.2.1 COMPLIANCE.
A person shall not enter, be or remain on the beach unless he complies with all of the regulations set forth in this Chapter, applicable to said beach and with all other applicable ordinances, rules and regulations.
44.2.2 SHORT TITLE.
This Chapter shall be known as, and may be cited as, the Beach Ordinance.
44.2.3 EXERCISE OF POWER BY DEPUTY OR AUTHORIZED PERSON.
Whenever a power is granted to, or a duty is imposed upon, the Director or the City Manager, the power may be exercised or the duty performed by a deputy of the officer or by a lifeguard or other person authorized, pursuant to law, by the Director or City Manager, unless this Chapter expressly provides otherwise.
44.2.4 ENFORCEMENT.
The Director and the City Manager shall enforce the provisions of this Chapter.
44.2.5 LIABILITY.
A person exercising any of the privileges authorized by this Chapter does so at his own risk without liability on the part of the County or the City for any injury to person or property resulting therefrom.
44.3.1 GLASS, ETC.
A person shall not place, throw, leave, keep or maintain any bottle, glass, crockery, sharp or pointed article or thing in such a manner that any person on the beach is or may be cut, pricked, or in any way injured thereby.
44.3.2 RUBBISH.
A person shall not throw, place or dispose of any garbage, refuse, waste paper, combustible matter or tin can in any place on the beach other than into a refuse can or other receptacle maintained thereon for that purpose.
44.3.3 THROWING MISSILES.
A person shall not throw, or otherwise propel, any missile, mud or sand anywhere on the beach.
44.3.4 SHOOTING.
A person shall not discharge or shoot any firearms, air gun, slingshot or bow and arrow anywhere on the beach.
44.3.5 FIREWORKS, ETC.
A person shall not take or transport onto the beach, or have in his possession thereon, or fire or discharge thereon any firecracker, rocket, torpedo or any other fireworks of any nature. However, the City of Torrance or an organization or person authorized by the City Manager and the Director of Beaches may on special occasions put on a fireworks display.
44.3.6 BALL REGULATIONS.
It shall be unlawful for any person to cast, toss, throw, kick, or roll any ball, tube or any light object other than inflated rubber balls not less than ten (10) inches in diameter upon or over any beach regulated by this Chapter or upon or over any waters of the Pacific Ocean opposite such beach.
44.3.7 FLORA.
A person shall not dig, remove, destroy, injure, mutilate or cut any tree, plant, shrub, bloom or flower or any portion thereof growing on the beach.
44.3.8 TURF, ETC.
A person shall not remove any wood, turf, grass, soil, rock, sand or gravel from the beach.
44.3.9 STRUCTURES, ETC.
A person other than a duly authorized City or County agent or employee in the performance of his duties shall not:
a) Cut, break, injure, deface or disturb any rock, building, cage, pen, monument, sign, fence, bench, structure, apparatus, equipment or property on the beach, or any portion thereof.
b) Mark or place thereon or on any portion thereof, any mark, writing or printing.
c) Attach thereto any sign, card, display or similar device.
44.3.10 FIRES.
A person shall not light or maintain any fire on the beach unless authorized by the City Manager and the Director.
44.3.11 ANIMALS.
A person shall not lead, ride or bring onto the beach or into the waters of the Pacific Ocean adjacent to the beach, any cattle, horse, mule, goat, sheep, swine, dog, cat or other animal of any kind.
44.3.12 MOTOR VEHICLES.
If the Director or City Manager finds that at certain times, or under specified restrictions, or at designated places, a person can so operate a motor vehicle so as to not interfere in any way with the use of the beach, he may grant such person permission so to operate such motor vehicle. Otherwise, a person shall not bring to, or operate on the beach any motor vehicle except as permitted by the Director or City Manager and subject to all of the conditions which are a part of such permission. If permission to operate a motor vehicle is granted, a person shall park such motor vehicle only in those areas designated by the Director or City Manager for parking.
44.3.13 RECREATION BUILDING.
A person shall not use any recreation building at any time except between the hours of 8:00 A.M. and 12:00 midnight of any day except upon written permit from the Director or City Manager.
44.3.14 SOLICITATION.
A person shall not solicit in any manner or for any purpose, or sell or offer for sale, any goods, wares or merchandise or distribute or pass out any handbills, advertising matter or literature on the beach except when licensed so to do by the City.
44.3.15 ALCOHOLIC BEVERAGES.
(Amended by O-3683)
a) A person shall not enter, be or remain on any beach while consuming an alcoholic beverage.
b) A person shall not enter, be or remain on any beach while in possession of any bottle, can or other receptacle containing any alcoholic beverage which has been opened, or a seal broken, or the contents of which have been partially removed.
c) Any person violating subsection (a) will be guilty of a misdemeanor.
d) Any person violating subsection (b) will be guilty of an infraction as provided in Section 25620 of the California Business and Professions Code.
44.3.17 SHELTERS.
A person shall not erect, maintain, use or occupy on the beach any tent, lodge, shelter, or structure unless such tent, lodge, shelter or structure shall have two (2) sides thereof entirely open, and unless there shall be an unobstructed view into such tent, lodge, shelter or structure from the outside thereof on at least two (2) sides thereof.
44.3.18 GUY WIRES.
A person shall not fasten or maintain any guy wires, guy rope or exterior bracing or support of any tent, lodge, shelter or structure between it or any portion thereof, and any structure, stake, rock or thing outside of such tent, lodge, shelter or structure.
44.3.19 BATHING.
A person shall not swim, bathe, or immerse himself in the waters of the Pacific Ocean opposite any beach regulated by this Chapter more than two hundred (200) yards from the shore except:
a) A person who is the owner of a vessel or who acts at the request of such owner while engaged in servicing or repairing such vessel, and then only in the immediate area of such vessel.
b) A person engaged in the sport commonly known as aquaplaning, water skiing or a derivation thereof, provided that such person is at all times wearing a safety belt approved by the Director.
c) A skin diver equipped with swim fins and a face plate, if at all times he maintains within fifty (50) yards of himself a boat or a surf mat, paddle board or surf board upon which there is a rectangular flag twelve (12) by fifteen (15) inches, orange-red in color with a white diagonal stripe three (3) inches wide running from one corner to the diagonally opposite corner. The flag shall be flown high enough so as not to touch the water.
44.3.20 BOATING.
A person shall not operate any vessel within three hundred (300) yards of the shoreline of the beach regulated by this Chapter except when necessary in taking it to or from its lawful mooring place or when necessary in the case of emergency.
44.3.21 SURFBOARDS.
A person shall not use or possess in the waters of the Pacific Ocean, opposite the beach regulated by this Chapter, any object commonly known as, or used as a surf mat, paddle board, or surfboard, except within two hundred (200) yards from shore or fifty (50) yards beyond the farthest breaking wave, whichever distance is greater, or when used by a skin diver to hold the flag required by Section 44.3.19.(c). A person shall not bring or permit or allow opposite the beach regulated by this Chapter any object commonly known as, or used as, a paddle board or surfboard, within one hundred (100) feet of any person in the waters thereof, who was not at the time using or possessing a similar object. The preceding sentence does not apply to a standard surf mat constructed as described in Sec. 44.3.23.
44.3.22 MEASUREMENTS.
In Sections 44.3.19., 44.3.20., 44.3.21. and whenever elsewhere a distance from shore is specified, it shall mean the distance measured at right angles to the tangent of the actual line between the water and the unsubmerged beach as it exists at the time of the measurement.
44.3.23 USE OF INFLATED EQUIPMENT.
A person shall not use in the Pacific Ocean opposite the beach regulated by this Chapter, any inflated equipment of any kind except a standard surf mat which is:
a) Constructed of a durable material with a non-slippery surface.
b) So constructed that, when inflated for use, it will not fold in any direction.
c) Not smaller than twenty-four (24) inches by forty (40) inches.
d) Not larger than thirty (30) inches by sixty (60) inches.
e) Equipped with a safety rope.
44.3.24 DESIGNATION OF HAZARDOUS AREAS.
Whenever any County lifeguard finds that because of extra high surf, riptide, or other hazardous conditions, it is unsafe to swim, bathe or surf within a certain area of the waters of the Pacific Ocean opposite the beach regulated by this Chapter, during the time such hazardous conditions exist such lifeguard may instruct all persons not to swim, bathe or surf in such area. Every person shall comply with such instructions.
44.3.25 USE OF SURFBOARDS, SURF MATS AND PADDLE BOARDS.
a) A person shall not use, possess or operate in the waters of the Pacific Ocean opposite the beach regulated by this Chapter any object commonly known as a surfboard, paddle board or similar device (but not including surf mats and belly boards) at such times when said waters are restricted for swimming and bathing only.
b) Such restriction shall be effective when a yellow flag having dimensions of not less than two (2) feet by two (2) feet and having a solid black circle in the center (commonly known as a Blackball Flag) is prominently displayed from a lifeguard tower, lifeguard station, pier or similar structure under the control of the Department of Beaches. At such times as the blackball flag is displayed, swimming and bathing only shall be permitted in the waters of the Pacific Ocean opposite those areas of the beach within two hundred (200) yards of the point of display of said blackball flag, provided, however, that where said blackball flag is displayed from consecutive operational lifeguard towers, lifeguard stations and similar structures under the control of the Department of Beaches along the beach regulated by this Chapter, then all waters of the Pacific Ocean opposite said beach shall be restricted to swimming and bathing only.
c) Such restrictions shall also be indicated by pairs of red flags put in place by the Director. At such times as said red flags are displayed, swimming and bathing only shall be permitted in the waters of the Pacific Ocean opposite those areas of the beach lying between a given pair of such red flags.
d) A person shall not use, possess or operate in the waters of the Pacific Ocean opposite the beach regulated by this Chapter, any object commonly known as a surf mat, paddle board, belly board, surfboard, or similar device except within two hundred (200) yards from shore or fifty (50) yards beyond the farthest breaking wave, whichever distance is greater, or when used by a skin diver to hold a flag required by Sec. 44.3.19.(c).
e) A person shall not bring or permit or allow in the waters of the Pacific Ocean opposite the beach regulated by this Chapter, any object commonly known as, or used as, a paddle board, or surfboard within one hundred (100) feet of any person in the waters thereof who was not at the time using or possessing a similar object.
f) Notwithstanding any provisions of this Section, the Director of Beaches may from time to time designate certain areas to be used exclusively by persons using surfboards and paddle boards. Such designation may be revoked at any time and the area covered by any such designation may be enlarged or reduced at any time. A person shall not swim or bathe in the waters of the Pacific Ocean included in an area so designated except while using a surfboard or paddle board or as is necessary in order to use a surfboard.
g) A person in violation of the restrictions set forth in this Section shall not fail, refuse or neglect to leave the waters of the Pacific Ocean opposite the beach regulated by this Chapter when such restrictions are in force.
44.3.26 TOBACCO PRODUCTS.
(Added by O-3682; Amended by O-3743; O-3827)
a) A person shall not enter, be or remain on any beach while using or consuming any tobacco product.
b) Any person who violates this section is guilty of an infraction and subject to a fine of up to $100 for a first violation, $200 for a second violation within one year, and $500 for a third or subsequent violation within one year. Punishment under this section does not preclude punishment pursuant to California Health and Safety Code Section 13002, Section 374.4 of the California Penal Code, or any other provision of law proscribing the act of littering.
c) "Tobacco product" means any of the following:
1) A product containing, made, or derived from tobacco or nicotine that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including but not limited to cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco or snuff.
2) An electronic device that delivers nicotine or other vaporized liquids to the person inhaling from the device, including, but not limited to, an electronic cigarette, cigar, pipe, or hookah.
3) Any component, part, or accessory of a tobacco product, whether or not sold separately.
44.4.1 OIL POLLUTION.
A person shall not deposit, place, throw, divert or in any manner dispose of or cause or permit to be deposited, placed, thrown, diverted or in any manner disposed of any crude petroleum, refined petroleum, engine oil or any oily by-product thereof, or any tar or any product containing tar, or any oil substance into the waters of the Pacific Ocean, or into or upon the waters of any lagoon, bay, inlet, or tributary thereof, or deposit, place, throw, divert or in any manner dispose of any crude petroleum, refined petroleum, engine oil, or any oily by-product thereof or any tar or any product containing tar or any oily substance upon the beach, tideland or submerged land or any portion thereof.
44.4.2 INDIRECT POLLUTION.
A person shall not deposit, place, throw, divert, keep, maintain, or in any manner dispose of or cause or permit to be deposited, placed, thrown, diverted, kept, maintained, or in any manner disposed of any crude petroleum, refined petroleum, engine oil, or any oily by-product thereof or any tar, or any product containing tar or any oily substance into, along or upon any land, premises or place in such manner that the same or any portion thereof may run or be transferred or carried to or be in any manner deposited upon or conveyed to the beach, tideland or submerged land or any portion thereof, or into or upon the waters of the Pacific Ocean or into or upon the waters of any lagoon, bay, inlet or tributary thereof.
44.4.3 OTHER POLLUTION.
A person shall not deposit, place, throw or in any manner dispose of any dead animal or any portion thereof, or any vegetable or animal matter or any offal, night soil, manure, rubbish, trash, garbage or any decaying or putrid matter, material or substance which might decay or become putrid or any matter, material or substance which is or might become injurious to health or which is or might become a nuisance or offensive to the senses of any person coming in proximity thereto, into the waters of the Pacific Ocean or into the waters of any lagoon, bay, inlet or tributary thereof, or in, upon or along the beach, tideland or submerged land, or any portion thereof, or keep or maintain or cause or permit to be kept or maintained upon any premises or in or at any place, any article, substance or thing hereinabove in this Section enumerated in such manner that any such article, substance or thing or any portion thereof may be transferred or carried to or be in any manner deposited upon or conveyed to the beach, tideland or submerged land or any portion thereof or into or upon the waters of the Pacific Ocean or into or upon the waters of any lagoon, bay, inlet or tributary thereof.
44.4.4 EXCEPTIONS.
The provisions of this Chapter are not applicable to acts performed:
a) In an emergency, for the purpose of protecting life or property.
b) By employees of the County, City or by employees of the State or other public body maintaining the beach, for the purpose of performing their duties.
c) For the purpose of giving instruction, training or exhibitions when specific permission to give same has been received from the Director.