2020-14 Amending Ch 8.08 prohibiting jumping and diving from public structures ORDINANCE 2020-14
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ENCINITAS AMENDING
CHAPTER 8.08 OF THE ENCINITAS MUNICIPAL CODE PROHIBITING JUMPING
AND DIVING FROM PUBLIC STRUCTURES INTO THE OCEAN AND WATERWAYS
WHEREAS, California Government Code Section 831.7(2) defines any form of
diving into water from any structure where diving is prohibited as a "hazardous recreational
activity;"
WHEREAS periodic dredging of the San Elijo Lagoon deepens the water
beneath three bridges spanning the lagoon;
WHEREAS, low beach sand levels and high tide events brings ocean levels to
the bluffs;
WHEREAS, jumping from these public structures is a hazardous recreational
activity that could result in serious injury;
WHEREAS, law enforcement and lifeguards need a municipal code prohibiting
this activity as an enforcement tool;
WHEREAS, signs prohibiting these activities must be posted on the public
structures for the benefit of public safety;
WHEREAS, it is summer season for recreational beach activity, and enacting the
Ordinance now will better serve the public than waiting thirty days.
NOW, THEREFORE, the City Council of the City of Encinitas, California does
ordain as follows:
SECTION 1. All of the above statements are true; and
SECTION 2. Chapter 8.08 of Title 8 of the Encinitas Municipal Code is hereby
amended to add Paragraph 8.08.060:
Chapter 8.08 BEACHES
8.08.060 Jumping from Structures Prohibited
Purpose and Intent. The purpose of this paragraph is to protect the public health and safety by
prohibiting jumping and diving from public structures into the ocean and waterways. (Ord. 2020-
59)
Definitions. Wherever the following words, terms or phrases are used in this chapter, they
shall be construed as defined in the following subsections unless from the context in which the
word, term, or phrase is used, a different meaning is specifically defined or intended.
"Structure" means a bridge or any portion of a public road or right-of-way which crosses water or
land at an elevation higher than the water or land with a single span or multiple spans with a
total length of 20 feet or more. "Structure" means any stairway accessing any beach in the City
of Encinitas on public property.
"Public property" means any bridge, road, crossing or stairway, which is owned by the City of
Encinitas or any other public agency, within the City of Encinitas.
Prohibition. It is unlawful for any person to jump or dive from any structure located on public
property where prohibited by signs posted thereon.
Violations. Any person who violates any provision of this chapter is guilty of an infraction
except for the fourth or each additional violation of a provision within one year which shall be a
misdemeanor. Penalties for violation of this chapter shall be as designated in Section ? (not
sure where the fines are listed in EMC).
Severability. If any section, subsection, sentence, clause phrase or part if this chapter is for
any reason is held to be invalid or unconstitutional by the final decision of any court of
competent jurisdiction, such decision shall not affect the validity of the remaining parts of this
chapter. The city council declares that it would have adopted this chapter and each section,
subsection, sentence, clause, phrase or parts thereof, irrespective of the fact that any one or
more sections, subsection, clauses, phrases, or parts be declared invalid or unconstitutional.
SECTION 3. Effective Date. This Ordinance shall take effect and be in force
thirty (30) days after its passage and the City Clerk of the City of Encinitas is hereby authorized
to use summary publication procedures pursuant to Government Code Section 36933 utilizing
the Coast News, a newspaper of general circulation published in the City of Encinitas
This Ordinance was introduced at a regular meeting of the City Council held on the 26th
day of August, 2020.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council
held on the 9th day of September 2020.
: Catherine S. Blakespear, Mayor
ATTEST:
Kathy Ho ywoo , City Clerk
APPROVED AS TO FORM:
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Leslie E. Devaney, City Attorney
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CERTIFICATION: I, Kathy Hollywood, City Clerk of the City of Encinitas, California, do
hereby certify under penalty of perjury that the foregoing ordinance was duly and
regularly introduced at a meeting of the City Council on the 26th day of August, 2020
and that thereafter the said ordinance was duly and regularly adopted at a meeting of
the City Council on the 9th day of September, 2020 by the following vote, to wit:
AYES: Blakespear, Hinze, Hubbard, Kranz, Mosca
NAYS: None
ABSENT: None
ABSTAIN: None
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of
the City of Encinitas, California, this day of September, 2020.
Kat y { 10� oo , City Clerk