§ 151.04 CONGESTED AREAS; ENDANGERING CROWDS; SWIMMING ZONE.
   (A)   Any activity in a congested area on the front beach or other public area that endangers the safety of the crowd is prohibited, including surfing among swimmers and various ball games on the beach.
   (B)   There is hereby created a “swimming zone” which shall extend in the water area of the Atlantic Ocean from 3rd Street East to 3rd Street West. This zone is designated for the enjoyment and safety of individuals who want to swim, play, or just stand inthe ocean. No other activity shall be allowed in said zone. Said zone shall be hereinafter referred to as the swimming zone.
   (C)   Swimming must be within 50 yards of shore and no more than chest deep. This limitation does not apply to surfing. Swimmers and waders must be at least 200 feet from the pier or a distance set at the discretion of the lifeguards to ensure swimmers’ and waders’ safety.
   (D)   There shall be no surf fishing in the designated swimming zone. It shall be unlawful for any person to catch or take, or attempt to catch or take any shark or other marine animals that may endanger the public from designated swimming zone.
   (E)   There shall be persons duly appointed as ocean rescue lifeguards, or deputies or public safety officers who shall have the power and authority to supervise and regulate surf fishing, physical activities and swimming on front beach, strand and the Atlantic Ocean within the jurisdiction of the city, and in such areas shall have the responsibility to maintain peace and order. Such ocean rescue lifeguards, deputies or public safety officers shall have the power and authority to recall from the ocean waters and the surf adjoining the waters any person who shall be in the ocean waters a distance of more than 50 yards from the point where the waters adjoin the strand, or who shall be more than chest deep at any time, or when such person shall be in danger of drowning or becoming imperiled or may imperil the safety of others, all of which shall be determined in the discretion of such deputies, police officers or ocean rescue lifeguards authorized by them.
   (F)   Such personnel shall have the authority to recall from the ocean waters any person who shall be in the ocean waters at any distance at any time when the condition of the wind, water, weather or any hazard, including the physical or mental condition of the person in the ocean waters, shall be such, in the discretion of such personnel as described in this section, as to constitute a danger to the health, life, or safety of such person or other persons within such ocean waters.
   (G)   It shall be unlawful for any person to disobey the instructions of any ocean rescue lifeguard, deputy, or public safety officer authorized by the city with regard to activities on the beach and in the ocean.
   (H)   No unauthorized person shall climb, sit, stand or cause someone else to climb, sit or stand on any ocean rescue lifeguard station or ladder unless told to do so by an ocean rescue lifeguard or other city authorized personnel.
   (I)   No person shall tamper with lifesaving equipment, structures, signs or buoys on the beach or in the ocean.
   (J)   No person shall cause a false rescue or call for help when it is not needed, or to cause an ocean rescue lifeguard to enter the water upon a false rescue, or to leave his or her tower or to have his or her attention drawn to a false alarm.
   (K)   No person shall willfully resist, delay or obstruct any ocean rescue lifeguard in the discharge or attempt to discharge any duty of his or her position.
   (L)   Beach umbrellas and other beach paraphernalia which might obstruct the view of the ocean rescue lifeguard will be placed at a distance of at least ten feet to the rear (inland side) of the ocean rescue lifeguard stands. No obstruction shall be placed in such a position that it interferes with an ocean rescue lifeguard's ability to see the water and the ocean rescue lifeguard stands on either side of him or her. The ocean rescue lifeguard shall locate the ocean rescue lifeguard stand according to the tides to insure public safety for sun bathers and beach walkers and has the authority to direct any person to move any beach equipment if the ocean rescue lifeguard stand has to be moved because of the tide, so as to not violate this section.
   (M)   No person shall ride, use or otherwise employ a surfboard in or upon the Atlantic Ocean within 200 feet of any portion of any pier; nor shall a person ride, use or otherwise employ a boat or other vessel or otherwise be in or upon the Atlantic Ocean within 300 feet of any portion of any pier. The prohibition of this section shall not apply to ocean rescue lifeguards or other emergency personnel acting in the course of official duty.
(`95 Code, § 9-5-2) (Am. Ord. 14-08, passed 7-22-08; Am. Ord. 03-16, passed 3-8-15) Penalty, see § 151.99