Beach rules
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Manuel Pérez Cortés
Cadiz
Friday, 30 August 2024, 19:37
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Imagine walking down the steps of Cadiz city's Balneario spa, stepping onto the sands of La Caleta beach and having to negotiate a bunch of random enclosures made of cardboard or tarpaulin. This is what has happened recently in Vigo , where some bathers have fenced off their 'space' with windbreaks, effectively making an area exclusively theirs that should be for public use and enjoyment.
In order to prevent such behaviour, the municipal bylaws of Cadiz city council include various obligations that all beach users must obey. Otherwise the sanctioning regime has set out what the infringements are and the resulting fines to be levied. Among these breaches is the closing off of part of the beach.
The current municipal bylaw for the use and enjoyment of the beaches of the city of Cadiz was approved in 2023. The text includes an express prohibition of the "enclosure or parcelling of beach areas" in article 24.2. This measure aims to prevent undue occupation of public space, ensuring that everyone can enjoy the seaside on equal terms and without restrictions.
The regulation refers to the practice of delimiting an area with ribbons, ropes, stakes or other elements in order to reserve the space or restrict access to third parties. This, although it may seem harmless, prevents others from using the space, which contravenes the public and shared nature of these beaches. In fact, the regulations prohibit the private use of the public shoreline and ensure that "any member of the public has the right to use and enjoy the beaches and any facilities and services therein, under equal conditions and without distinction of any kind."
Failure to comply with the prohibition of beach ring-fencing in Cadiz is considered a minor infringement according to municipal regulations. Within this framework, the sanction for a minor infringement can involve a fine of up to 750 euros . However, a repeat offence of two minor offences in a year then becomes a serious offence, and the fine could be between 751 and 1,500 euros.
The purpose of this fine is twofold. Firstly, to discourage users from engaging in practices that may harm others. Secondly, to promote respect and good use of public spaces. In this way, the municipal ordinance seeks to preserve order and ensure that the beaches remain accessible and enjoyable to all.
In addition to the prohibition of enclosing a part of the beach, the municipal ordinance of Cadiz city establishes a series of rules that users must follow to ensure proper use of the beaches. One of the most controversial measures is the holding of barbecues during the holding of the Ramón de Carranza Trophy . Municipal regulations generally prohibit this practice, "except at cultural events authorised by the city council." Barbecues have been banned now for six years.
As in Malaga province, the beaches of Cadiz also prohibit playing ball sports such as padel, volleyball or football. Other prohibitions in force stem from the national coastal law.
Minor infringements (fines up to EUR 750). Littering the beach, smoking or vaping on beaches classified as smoke-free, fishing on the shore outside the designated hours during the bathing season, urinating in the sea or on the beach, playing ball sports or swimming and bathing in the nautical channels marked out for boats to access or exit the sea.
Serious infringements (fines of between 751 and 1,500 euros). Unauthorised hawking, driving and/or parking vehicles on the beach, the discharge of waste water or fuel or the use of pyrotechnic material (fireworks and barbecues), except for those to be used in emergency situations.
Very serious infringements (fines of between 1,501 and 3,000 euros). Driving boats within 200 metres of the coast, holding parties, public events or sporting competitions without prior authorisation or the damage or deterioration of equipment related to beach safety.
The municipal regulations on the practice of naturism on the beaches of Cadiz are ambiguous. On the one hand, article 33.1 of the aforementioned municipal ordinance states that anyone can use the beaches of Cadiz "without any consideration regarding clothing" . In other words, it is understood that the use or not of a swimming costume is not a reason to prevent a person from accessing and enjoying any beach in the municipality.
However, the second paragraph of the same article recognises that Cadiz 'has a stretch of beach' where naturism has been practised 'on a regular basis'. In fact, the regulation delimits this area of Cortadura between the Ventorrillo El Chato and the military installations of Torregorda. In this sense, the third paragraph concludes that naturism "shall be carried out on the entire strip of beach marked out for this purpose."
Although the expression "shall be carried out" may sound exclusionary, both naturists and municipal sources are adamant that this is only a recommendation . In this way, this municipal ordinance only removed the express prohibition contained in the previous regulation and the sanction for those who did not wear a swimming costume. Thus, if someone practises naturism on Santa María, La Victoria or La Caleta beaches, they will not be fined, but they might be advised to use the area set aside for this purpose.
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