The Pacifc Grove Law:
The comments in italics are mine (Chuck Tribolet). I'm not a lawyer. However, clearly the lawyers worrked overtime writing all this.
14.08.040 Diving along the waterfront.
(a) For the purposes of this section the following terms are defined as follows:
(1) Restricted area: Beginning at a point where the easterly line of Ocean View Boulevard intersects with the northerly line of the Southern Pacific right-of-way at the portion of Ocean View Boulevard which extends northerly and in the same direction as Seventeenth Street, thence northerly along the easterly line of said section of Ocean View Boulevard in a straight line to the point where said section of Ocean View Boulevard terminates; thence due east from said point of termination to the point of mean high tide; thence southerly along a straight line across the water to a point where the northerly extension of the westerly line of Fountain Avenue intersects the mean-high-tide line, thence southerly along the line representing the northerly extension of the westerly line of Fountain Avenue to the intersection of the Southern Pacific right-of-way, thence easterly along the northerly line of the Southern Pacific right-of-way, to said point of beginning. (this means the big main beach at Lovers, but not "3rd beach", aka "Lover's Backside", which is located in front of the Tinnery.
(2) Scuba-diving-related activities: Without limitation, this term includes the following:
(A) Conduct of classes in scuba diving and in the use of equipment or paraphernalia in connection therewith; or
(B) Assembly, transportation or deposit of scuba diving equipment and/or supportive paraphernalia for the use of a scuba diver or for the use or conduct of classes described in subsection (A), immediately above; or Activities involving scuba diving or use of equipment and/or supportive paraphernalia, which have been planned by or for a scuba diving school, organization or club.
(b) The following regulations shall apply to scuba diving and scuba-diving-related activities. Violation of any of the listed regulations shall constitute an infraction.
(1) No person, firm, association or organization shall engage or participate in scuba diving or scuba-diving-related activities at or in the restricted area during the period May through September, inclusive; provided, that the following exceptions shall apply during said period:
(A) Scuba diving and scuba-diving-related activities shall be permitted on the beach commonly known as Lovers Point Beach No. 1, but only southerly of the permanent, pyramid-shaped concrete marker in place on said beach. All persons participating in such diving and activities shall also enter and exit said beach on the stairs located southerly of said marker, and all divers shall enter and exit the water southerly of said marker. For purposes of this exception only, such diving and activities are also permitted in any portion of the water included in the restricted area.
(B) The exception set out in subsection (A), immediately above, shall be inapplicable, and the diving and activities prohibition shall fully apply, between the hours of 11:30 a.m. and sunset on Fridays, Saturdays, Sundays and Mondays during the period May through September, and between said hours on Memorial Day, Independence Day, Labor Day and California Admissions Day.
(2) During the period of unregulated diving in the restricted area, i.e., October through April, no person, firm, association or organization shall engage or participate in the conduct of classes, as described in subsection (a)(2)(A) of this section, except southerly of the marker, described in subsection (b)(1)(A) of this section.
(3) Groups, classes or organizations of any kind wishing to use the restricted area during the period of unregulated diving, i.e., October through April, for more than fifty divers at one time may do so only with the prior written permission of the recreation director, on terms and conditions as the director shall find appropriate to the date and time requested, including, without limitation, a maximum number of divers.
(4) No person using city property as access to the ocean, either within or outside the restricted area, (that means anywhere in PG: 3rd beach, Otter Cove, Beach Street, Coral Street, Sewers, etc.) shall disturb landscaping, foliage or any other plant materials on city property, by depositing equipment upon, walking upon or by any other act which harms such landscaping, foliage or plant materials. This regulation is in addition to the provisions of Section 14.08.010. (In other words, stay out of the bushes).
(Ordnance. 1601 N.S., 1987: Ordnance. 1430 N.S. § 1, 1984: Ordnance. 1421 N.S., 1984: Ordnance. 719 N.S. § 1, 1972).
