The City is asking SealFit to cease operating fitness training on the streets for now. The City is in the process of deciding on issuing SealFit a Major Use Permit and they are continuing to receive complaints, such as the one below. The following is an email sent to Mark Divine, owner of SealFit, from Mario Morales (Code Enforcement Officer for the City).
I hope you are doing well. Thank you for taking the time to speak with me this week. Per my site visit on Tuesday, we are still receiving complaints regarding the use of your business. At this time we are asking you to cease operating fitness training on city streets such as the picture noted below. You are currently utilizing city streets and alleyways for training purposes. If we continue to receive complaints we have no choice but to begin to issue cites for blocking public right of way. Encinitas Municipal Code Section 15.08.040 states, it shall be unlawful for any person to block, impede or obstruct or to otherwise prevent, delay, hinder or interfere with the free passage of persons on a City street. If you continue to block, impede, hinder, delay, free passage of residents or pedestrians you will be cited per city code. We are asking you to cease your training on city streets. Please keep in mind that you are in the process of obtaining a Major Use Permit and violations may be considered for the issuance of your permits. If you should have any questions, please feel free to contact me at your convenience. Please note: Due to the volume of complaints received Code Enforcement will conduct random inspections of your business during the regular hours of operations. If violations are witness during this time, citations will be issued. We look forward working with you and thank you for your cooperation to this important matter.
Encinitas Municipal Code Section 15.08.040 Obstructing Use or Access.Unless the conduct is pursuant to issued permit or other lawful authority, it shall be unlawful for any person to block, impede or obstruct or to otherwise prevent, delay, hinder or interfere with the free passage of persons on a City street.
"The noise from them dropping these bar bells was deafening. This was heard at 6:00 pm while I was trying to enjoy my evening dinner half a block away. (It was also heard from the meditation patio at the SRF church.) Cars are trying to come down the alley. See the van approaching in the picture. They are obstructing traffic.
Same noise heard at 6am -- the slamming of weights. SealFit needs to be in a different location. Encinitas is partly residential and too small for their needs, as this photo suggests."