Title 2 ADMINISTRATION
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.)
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