The provisions of this chapter are adopted pursuant to the provisions
of Section 650 et seq. of the Harbors and Navigation Code for the
purpose of establishing and maintaining boating regulations within
the city.
(Ord. 21-5 § 4)
As used in this chapter, unless the context clearly requires
a different meaning, all words shall have the same meanings as provided
in Section 651 of the Harbor and Navigations Code, including any amendments
thereto after the enactment of this article. In addition, certain
words and phrases used in this chapter are defined as follows:
has the same meaning as set forth in Harbors and Navigation
Code Section 550(a).
means any marina, way, landing float, launching site, wharf,
runway, dock, pier, or other place commonly used for embarkation upon,
or debarkation from, the Sacramento River by vessel, which facility
is available for the use of the public, either with or without the
payment of consideration.
(Ord. 21-5 § 4)
No person shall operate any vessel at a speed greater than five
miles per hour relative to the stream bottom for upstream speeds and
relative to the water surface for downstream speeds on that part of
the waters of the Sacramento River located between the I Street Bridge
and the Tower Street Bridge within the city as well as any waters
within the city that meet the criteria described in Section 655.2
of the Harbor and Navigations Code.
(Ord. 21-5 § 4)
The city council finds and declares that the establishment and
maintenance of boating regulation signs, as provided in this chapter,
is necessary and appropriate for the preservation and protection of
the public health, safety, and general welfare for the following reasons:
A.
Vessels
moving at a high speed constitute an extreme danger to persons engaged
in bathing, swimming, or diving who may be struck by a moving boat.
Vessels moving at a high speed also create wakes and turbulence in
the water which in turn cause the movement and surge of landing floats,
making conditions dangerous for persons embarking or disembarking
from their own craft.
B.
Although
Section 655.2 of the Harbors and Navigation Code of the state sets
forth special speed limits for vessels operated upon navigable waters,
and although such speed limits are applicable to the waters of the
Sacramento River located within the city, many persons who operate
vessels are unaware of the provisions of Section 655.2.
C.
In
recent years there have been numerous reports by citizens of violations
of the provisions of Section 655.2 of the Harbors and Navigation Code
of the state along and upon the waters of the Sacramento River within
the City. By posting the provisions of Section 655.2 in places used
by the boating public, potential violations of Section 655.2 may be
averted through the education of persons who are ignorant of the existing
speed limits.
D.
The
posting of the provisions of Section 655.2 of the Harbors and Navigation
Code of the state, as provided in this chapter, has been approved
by the United States Army Corps of Engineers, the United States Coast
Guard and the Division of Small Craft Harbors of the Department of
Parks and Recreation of the state.
(Ord. 21-5 § 4)
Every person conducting, operating, or maintaining a public
boating facility shall, install and thereafter maintain boating regulation
signs, as provided by this chapter, on the premises of such public
boating facility.
(Ord. 21-5 § 4)
The city of West Sacramento Parks and Recreation Department
shall prepare boating regulation signs in sufficient number to supply
all the public boating facilities which are located within the city.
The signs shall be constructed of metal and shall be twenty-four inches
by eighteen inches in dimensions. The following legend shall be printed
on such signs in black on white background surrounded by a one and
one-half inch orange border:
|
Notice To Boaters
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|---|---|
|
It is a misdemeanor to operate your vessel in excess of five
nautical miles per hour when you are:
| |
|
(1)
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Within 100 feet of bathers;
|
|
(2)
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Within 200 feet of a bathing beach;
|
|
(3)
|
Within 200 feet of a swimming float, diving platform, or lifeline;
or
|
|
(4)
|
Within 200 feet of a way, pier, dock or landing float to which
boats are made fast or which is used for the embarkation or debarkation
of passengers.
|
|
City of West Sacramento Municipal Code, Chapter 12.16.
| |
(Ord. 21-5 § 4)
Boating regulation signs shall be prominently displayed in such
a manner as to be clearly visible to all persons embarking upon the
river by boat from the public boating facility.
(Ord. 21-5 § 4)
A.
Berthing Permits. Permit requirements applicable to any vessel berthed at the Etenesh Zeleke Public Boat Dock are described in Chapter 12.56 of this code.
B.
Private
Facility Exemption. No permit is required for vessels moored to a
pier or dock with permission of the owner of a private pier or dock.
(Ord. 21-5 § 4)
The city manager or their designee shall enforce the provisions
of this chapter.
(Ord. 21-5 § 4)
All violations of the provisions of this chapter punishable as either infractions or misdemeanors as set forth in Chapter 1.12 of this code. In addition, violations of this chapter are declared to be a public nuisance and may be cited and abated pursuant to Title 19 of this code and Chapter 3 of the Harbors and Navigation Code.
(Ord. 21-5 § 4)
This article does not apply to any vessel being used by a peace
officer of any federal, state or local agency while engaged in law
enforcement activities for which the use of such vessel is reasonably
necessary, nor to vessels operated by the state or any agency thereof
in the performance of official duties.
(Ord. 21-5 § 4)
