Chapter 2.116 DEPARTMENT OF BEACHES AND HARBORS*

2.116.010 Continuation of department and director names.

2.116.020 Director--Powers and duties.

2.116.030 Small craft harbor commission--Continued.

2.116.040 Small craft harbor commission--Qualifications.

2.116.050 Small craft harbor commission--Composition.

2.116.060 Small craft harbor commission--Organization--Rules and regulations.

2.116.070 Small craft harbor commission--Length of service--Vacancy.

2.116.080 Small craft harbor commission--One-member meetings.

2.116.090 Small craft harbor commission--Compensation.

2.116.100 Small craft harbor commission--Powers and duties.

2.116.105 Sunset review date.

2.116.110 Design control board--Created--Name.

2.116.120 Design control board--Composition.

2.116.125 Length of service--Vacancy.

2.116.130 Design control board--Duties.

2.116.140 Design control board--Compensation and expenses.

2.116.145 Design control board--Sunset review date.

2.116.150 Director--Jurisdiction.

2.116.160 Lifeguards and other rescue personnel--Powers and duties.

2.116.170 Citations for violations in public beach areas.

2.116.180 Lifeguards and other rescue personnel--Uniforms.

2.116.190 Lifeguards and other rescue personnel--Training.

2.116.200 Services to other beaches authorized when.

2.116.210 Pay-per-call surf and weather service.

2.116.220 Beach commission--Continued.

2.116.230 Beach commission--Qualifications--Composition.

2.116.240 Beach commission--Organization--Rules and regulations.

2.116.250 Beach commission--Length of service--Vacancy.

2.116.260 Beach commission--Duties.

2.116.270 Beach commission--Compensation.

2.116.280 Sunset review date.

* For statutory provisions on county harbors, see Harb. & Nav. Code § 4000 et seq.

2.116.010 Continuation of department and director names.

The department of small craft harbors is hereby continued and shall on and after July 1, 1982 be known as the “department of beaches and harbors”; and the office of the director of small craft harbors is hereby continued and shall henceforth be known as the office of the “director of beaches and harbors.” The department of beaches is merged into the department of beaches and harbors effective July 1, 1982. (Ord. 82-0112 § 3, 1982: Ord. 7496 § 1 (part), 1959: Ord. 6542 § 1 (part), 1954: Ord. 4099 Art. 27 § 391, 1942.)

2.116.020 Director--Powers and duties.

The director of the department of beaches and harbors shall, for and subject to the authority of the board of supervisors, protect, develop, manage, regulate and have complete and exclusive charge and control, except as provided in subsection C of this section, below, of all harbors and beaches under the jurisdiction of the county, including the harbor known as the Marina del Rey. His duties shall include, but not be confined to:
A. The establishment and enforcement of rules and regulations pertaining to the use of the harbors and beaches;
B. The imposition and collection of charges, rates and rentals for the use of the facilities of the harbors and beaches;
C. The leasing, subleasing or licensing the use, individually or collectively, of portions of the harbors and beaches and the imposition and collection of rentals, charges and rates therefor, and enforcement of license agreements by suit against any person in breach of contract with the department for the use of a facility that is owned or controlled by the county within those areas and for which the director is responsible. No suit shall be filed by director without the concurrence of the county counsel. The chief administrative officer shall participate with, and assist the director in, negotiating the terms and conditions of leases of county-owned properties in the Marina del Rey;
D. The development, improvement, expansion, maintenance, operation and supervision of the use of the harbors and beaches, and facilities thereon;
E. The operation, supervision and control of the county beach life guard service;
F. The determination of the kind and extent of recreational programs to be carried out at the harbors and beaches;
G. The development of a program of community relations with citizens residing in the harbor and incorporated and unincorporated beach areas;
H. Any other authority and duties possessed by the department of beaches and department of small craft harbors and the directors thereof prior to July 1, 1982, the time that such departments were merged into the department of beaches and harbors, and not enumerated above;
I. Such other authority and duties as the board of supervisors shall delegate to the director. (Ord. 97-0068 § 2, 1997: Ord. 86-0067 § 1, 1986: Ord. 82-0112 § 4, 1982: Ord. 7496 § 1 (part), 1959: Ord. 6542 § 1 (part), 1954: Ord. 4099 Art. 27 § 392, 1942.)

2.116.030 Small craft harbor commission--Continued.

The beaches and harbors commission is continued and renamed the small craft harbor commission, referred to in this chapter as the “commission.” (Ord. 90-0086 § 6(a), 1990: Ord. 82-0112 § 12 (part), 1982; Ord. 9840 § 1 (part), 1969: Ord. 8076 § 1 (part), 1961: Ord. 4099 Art. 27 § 393, 1942.)

2.116.040 Small craft harbor commission--Qualifications.

Only those persons who are well qualified by training and experience in one or more of the following fields of activity shall be eligible for appointment to membership on the commission:
A. Corporate or governmental finance and investment;
B. Commercial or governmental construction;
C. Real property management;
D. Recreational harbor or port planning, management or operation;
E. Public or private corporate executive management. (Ord. 8076 § 1 (part), 1961: Ord. 4099 Art. 27 § 395, 1942.)

2.116.050 Small craft harbor commission--Composition.

A. The commission shall have five positions. A member of the commission shall be appointed to a vacant position by, and serve at the pleasure of, the board of supervisors, which shall be referred to in this chapter as the “board.” Members of the commission shall be residents of Los Angeles County and shall have the qualifications stated in Section 2.116.040.
B. Each person who is a member of the commission on the effective date of this section shall serve at the pleasure of the board for the remainder of his or her term of three years. (Ord. 90-0086 § 6(b), 1990: Ord. 9840 § 1 (part), 1969: Ord. 8355 § 11, 1963: Ord. 8076 § 1 (part), 1961: Ord. 4099 Art. 27 § 394, 1942.)

2.116.060 Small craft harbor commission--Organization--Rules and regulations.

The commission shall elect a chairman and secretary from the members thereof, each of whom shall serve for one year and thereafter until his successor is elected. The commission may prepare and adopt, subject to the approval of the board of supervisors, rules and regulations for the internal government of its business, and shall designate the time and place of holding its meetings. (Ord. 8076 § 1 (part), 1961: Ord. 4099 Art. 27 § 398, 1942.)

2.116.070 Small craft harbor commission--Length of service--Vacancy.

The provisions of this section shall become applicable to a position on the commission at the expiration of the term of the member occupying that position on the effective date of the amendment codified in this section.
A. Each member of the commission shall serve at the pleasure of the board. Each position on the commission shall become vacant every four years from the date this amended section becomes applicable to each position.
B. No member of the commission may serve more than two consecutive full periods of service as specified in subsection A of this section. The board may, by order, extend this length of service or waive this limit for individuals or the commission as a whole.
C. A member’s position on the commission shall become vacant upon his or her death, resignation, or removal by the board. In the case of such a vacancy, the board shall appoint a successor to serve until the position next becomes vacant under subsection A of this section.
D. The provisions of Chapter 5.12 of the County Code shall not apply to the commission. (Ord. 90-0086 § 6(c), 1990: Ord. 8076 § 1 (part), 1961: Ord. 4099 Art. 27 § 396, 1942.)

2.116.080 Small craft harbor commission--One-member meetings.

The commission may hold meetings herein designated as “one-member meetings” at which one member only shall constitute a quorum, and if but one member is present he may act. At such a one-member meeting, the member may sit as a hearing officer at hearings called and advertised by the commission and transmit his findings and recommendations to the commission. The commission may not transact any other business or take any other action of any kind at a one-member meeting. Such a one-member meeting shall be deemed a meeting as the word “meeting” is used in Section 2.116.090 and in Section 614 of Ordinance 6222, entitled “salary ordinance of the county of Los Angeles,” adopted May 28, 1953, set out in Title 6 of this code. (Ord. 9453 § 1, 1967: Ord. 4099 Art. 27 § 396.5, 1942.)

2.116.090 Small craft harbor commission--Compensation.

Each member of the commission shall be paid $25.00 for each meeting of the commission actually attended by him, provided that no member of the commission shall be compensated for attendance at more than 52 meetings in any one calendar year. The members of the commission shall also be reimbursed for their actual and necessary traveling expenses when they are required to travel in the performance of their duties, including transportation, meals and lodging in accordance with the applicable provisions of Ordinance 4099. (Ord. 8382 § 1, 1963; Ord. 8076 § 1 (part), 1961: Ord. 4099 Art. 27 § 397, 1942.)

2.116.100 Small craft harbor commission--Powers and duties.

The commission shall consider and from time to time make recommendations to the director of the department of beaches and harbors and to the board of supervisors upon the following:
A. The policies and procedures of the department and the board for the planning, financing and development of small craft harbor and recreational areas, including the small craft harbor and recreational area at Playa del Rey known as the Marina del Rey;
B. The policies and procedures of the department and the board for the management and operation of small craft harbor properties, including leasing policies and procedures, the necessity and procedure for renegotiation of small craft harbor rentals, and similar matters affecting the leasing and the public use of small craft harbor properties;
C. The adequacy of rules and regulations established for the operation of small craft harbor areas, including operation and navigation of boats and public use of facilities therein;
D. Upon request of the board of supervisors, make recommendations concerning the minimum and maximum prices to be charged by small craft harbor lessees and concessionaires for goods or services supplied to the public;
E. Such other matters as may be requested by the board or the department. (Ord. 90-0086 § 6(d), 1990: Ord. 82-0112 § 12 (part), 1982; Ord. 8076 § 1 (part), 1961: Ord. 4099 Art. 27 § 399, 1942.)

2.116.105 Sunset review date.

The sunset review date for the small craft harbor commission shall be December 31, 2009. (Ord. 2005-0035 § 1, 2005: Ord. 2001-0047 § 1, 2001.)

2.116.110 Design control board--Created--Name.

There is created in the department of beaches and harbors the small craft harbors design control board, hereinafter referred to in this chapter as the “control board.” (Ord. 82-0112 § 12 (part), 1982; Ord. 9341 § 1 (part), 1967: Ord. 4099 Art. 27 § 399.1, 1942.)

2.116.120 Design control board--Composition.

The control board shall have five positions. A member of the control board shall be appointed to a vacant position by, and serve at the pleasure of the board. Two members shall be architects. One member shall be a landscape architect. One member shall be in the field of business management. One member shall be a land developer. (Ord. 90-0086 § 6(e), 1990: Ord. 9341 § 1 (part), 1967: Ord. 4099 Art. 27 § 399.2, 1942.)

2.116.125 Length of service--Vacancy.

Each position on the control board shall be vacant on the effective date of the amendment codified in this section. Each current member of the control board is reappointed to a position on the control board on the effective date of this amendment.
A. Each member of the control board shall serve at the pleasure of the board. Each position on the control board shall become vacant every four years from the effective date of the amendment codified in this section.
B. A member’s position on the control board shall become vacant upon his or her death, resignation, or removal by the board. In the case of such a vacancy, the board shall appoint a successor to serve until the position next becomes vacant under subsection A of this section.
C. The provisions of Chapter 5.12 of the county code shall not apply to the control board. (Ord. 90-0086 § 6(f), 1990.)

2.116.130 Design control board--Duties.

The control board shall (1) review and approve the architectural design and landscaping of improvements to be constructed at each county harbor or marina for compliance with applicable laws, ordinances, contracts, leases and policies; (2) advise the director concerning the implementation of architectural design regulations and policies and related matters; and (3) perform such other duties as may be requested by the board. (Ord. 96-0066 § 1, 1996: Ord. 9341 § 1 (part), 1967: Ord. 4099 Art. 27 § 399.4, 1942.)

2.116.140 Design control board--Compensation and expenses.

The compensation of members of the control board shall be as provided from time to time in the current salary ordinance of the county. In addition thereto, when required to travel in the performance of their duties the said members shall be reimbursed for their necessary traveling expenses, including transportation, meals and lodging, in accordance with the applicable provisions of Ordinance 4099. (Ord. 9341 § 1 (part), 1967: Ord. 4099 Art. 27 § 399.3, 1942.)

2.116.145 Design control board--Sunset review date.

The sunset review date for the control board shall be March 31, 2013.
(Ord. 2007-0067 § 1, 2007.)

2.116.150 Director--Jurisdiction.

Except as specifically provided for herein or in other ordinances, the jurisdiction of the director shall extend to all harbors and public beach and shoreline areas bordering the Pacific Ocean which are owned, leased, operated or controlled by the county of Los Angeles in both unincorporated and incorporated areas of the county. (Ord. 82-0112 § 5, 1982.)

2.116.160 Lifeguards and other rescue personnel--Powers and duties.

The captains of lifeguards, the lieutenants of lifeguards and the skippers of rescue boats shall exercise the powers granted by Section 2.116.170, and perform such other duties as may be specified from time to time by the director of beaches and harbors. (Ord. 82-0112 § 6, 1982.)

2.116.170 Citations for violations in public beach areas.

Pursuant to Section 5380 of the Public Resources Code, in order to protect public beach areas bordering the Pacific Ocean which are owned, managed or controlled by the county, in incorporated or unincorporated territory, from damage, and in order to preserve the peace therein, the director, assistant director, executive assistant, captains of lifeguards, lieutenants of lifeguards, beach lifeguards (excluding recurrent lifeguards) and skippers of rescue boats in the department of beaches and harbors may issue citations in accordance with the provisions of Chapter 5b (commencing with Section 853.1) and Chapter 5c (commencing with Section 853.6) of Title 3 of Part 2 of the Penal Code, for misdemeanor violations of laws of this state and ordinances of a city or of the county when such misdemeanor violations or ordinance violations are committed within such public beach areas and within their presence. (Ord. 82-0112 § 17, 1982.)

2.116.180 Lifeguards and other rescue personnel--Uniforms.

While exercising the powers granted by Section 2.116.170, the persons described in Section 2.116.160 shall wear the uniforms prescribed from time to time by the director of beaches and harbors. (Ord. 82-0112 § 8, 1982.)

2.116.190 Lifeguards and other rescue personnel--Training.

The sheriff may train persons holding positions described in Section 2.116.160 in the performance of the duties specified in Section 2.116.170. (Ord. 82-0112 § 9, 1982.)

2.116.200 Services to other beaches authorized when.

In addition to performing the duties specified above, the director shall furnish lifeguard services and beach maintenance and related services to beaches not owned, leased, managed or operated by the county of Los Angeles where the board of supervisors has entered into contracts for furnishing of services. (Ord. 82-0112 § 10, 1982.)

2.116.210 Pay-per-call surf and weather service.

Pursuant to Sections 25330 through 25339 of the Government Code, the director is authorized to establish and maintain an enhanced pay-per-call surf and weather information service more detailed than generalized surf and weather reports, and more specifically focused upon providing pertinent information to meet recreational interests including, but not limited to, parking availability, boating, scuba diving, surfing, wind surfing and youth programs. A fee not to exceed $1.20 shall be set by the director and may be charged for each minute of each telephone call made by members of the public to access this optional and enhanced service. (Ord. 93-0069 § 1, 1993.)

2.116.220 Beach commission--Continued.

The beach advisory commission created by order of the board on May 25, 1971 is continued and is redesignated in this chapter as the beach commission. (Ord. 96-0066 § 2, 1996.)

2.116.230 Beach commission--Qualifications--Composition.

The beach commission shall have 20 members and shall be comprised of experts, laypersons and spokespersons for those groups and individuals who have an interest in beach-related issues. Each member of the beach commission shall be appointed to a vacant position by the board and shall serve at the pleasure of the board. Members shall be nominated as follows:
A. 10 members by the supervisor of the Fourth Supervisorial District;
B. Seven members by the supervisor of the Third Supervisorial District;
C. One member each by the supervisors of the First, Second and Fifth Supervisorial Districts. (Ord. 96-0066 § 3, 1996.)

2.116.240 Beach commission--Organization--Rules and regulations.

The beach commission shall elect a chair and vice-chair from among the members. The chair and vice-chair shall serve for one year and thereafter until the election of a successor. The commission may prepare and adopt, subject to the approval of the board of supervisors, rules and regulations for the internal government of its business, and shall designate the time and place of holding its meetings. (Ord. 96-0066 § 4, 1996.)

2.116.250 Beach commission--Length of service--Vacancy.

The term of office of members of the beach commission and occurrence of vacancies shall be as prescribed by Section 3.100.020 of the county code. The provisions of Chapter 5.12 of the county code shall not apply to the beach commission. (Ord. 96-0066 § 5, 1996.)

2.116.260 Beach commission--Duties.

The beach commission shall consider and from time to time make recommendations to the director and to the board upon beach-related issues. (Ord. 96-0066 § 6, 1996.)

2.116.270 Beach commission--Compensation.

The members of the beach commission shall serve without compensation. However, when the members are required to travel in the performance of their duties, they shall be reimbursed for their necessary traveling expenses, including transportation, meals and lodging in accordance with the applicable provisions of Chapter 5.40 of the county code. (Ord. 96-0066 § 7, 1996.)

2.116.280 Sunset review date.

The sunset review date for the beach commission shall be December 31, 2009. (Ord. 2005-0056 § 1, 2005: Ord. 2001-0036 § 1, 2001.)