The provisions of this chapter are applicable to and govern all public waters, including, but not limited to, lakes and rivers, or portions thereof, situated within the boundaries of the city over which the city has police power jurisdiction, either exclusively or concurrently with the United States or the state, or both, insofar as the provisions of this chapter do not conflict with applicable statutes or regulations of the United States or the state; provided, however, the provisions of this chapter shall not be held to apply to documented vessels and their tows.
(Ord. 21-5 § 5)
It is unlawful for any person to operate a boat, vehicle or other motive power which is pulling or towing any aquaplane or water skier, or for any person to ride any aquaplane or water ski, between sunset and sunrise.
(Ord. 21-5 § 5)
A. 
The city council, by resolution, as to water under its jurisdiction, may designate and cause to be appropriately marked boat launching areas, areas designed exclusively for swimming, areas where swimming is prohibited, areas where boats are prohibited, areas of restricted speed or emergency areas and may designate boating and personnel control signs and devices and change the same from time to time as the public safety and welfare require. Such designations shall be reported to all responsible federal agencies for notification to mariners.
B. 
When so marked, it is unlawful for any person to fail to comply with such designations.
(Ord. 21-5 § 5)
It is unlawful for any person to swim in any area designated as a non-swimming area, or more than two hundred feet from the shore, or outside the boundaries of a marked swimming area, or in a location or in such a manner as to create a hazardous or dangerous condition to the swimmer or any other person or object; provided, however, the provisions of this section shall not be construed to limit diving with the aid of diving equipment such as suits or SCUBA equipment when areas for such activity are properly marked.
(Ord. 21-5 § 5)
It is unlawful for any person to pollute as described in Section 8.40.010 of this code while engaged in the activities described in this chapter.
(Ord. 21-5 § 5)
A. 
Anchorage Permits. Permit requirements applicable to vessels anchored or moored in waterways are described in Chapter 8.40 of this code.
B. 
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.
C. 
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 § 5)
A. 
The city may issue a notice to relocate to the operator of any vessel that is anchored, berthed, or moored in any waterway whenever the city determines the vessel is subject to risk of flooding, high water, or other public safety risk.
B. 
Operators shall relocate or remove their vessel within forty-eight hours of the posting of a notice to relocate. Any vessel not in compliance with the notice to relocate is subject to removal by the city forty-eight hours after the issuance of the notice to relocate. Such removal will be at the registered owner's expense.
C. 
It is unlawful for any operator to continue to anchor, berth, or moor a vessel longer than forty-eight hours after receiving from the city a notice to relocate that the vessel must be removed from the location or waterway.
D. 
Notices to relocate will be issued in accordance with the following requirements:
1. 
Notices will be posted upon the vessel and a copy mailed to the registered owner, whenever the city can determine the identity and contact information of the registered owner through reasonable means;
2. 
Notices will advise the why relocation is required, and will advise the operator whether the vessel must be removed from the waterway or relocated. If the notice to relocate calls for relocation, it will specify where permissible locations to anchor, berth, or moor the vessel;
3. 
Notices will include the date and time posted, and will specify that the vessel may be towed and impounded by the city at the registered owner's expense if not removed or relocated in compliance with the notice to relocate within forty-eight hours of issuance of the notice to relocate;
4. 
Any vessel not in compliance with the notice and order to move will be subject to immediate removal by the city.
E. 
Where an emergency condition, such as impending flooding, necessitates a vessel be moved sooner than forty-eight hours, a notice to relocate may be issued with special notice to relocate within a shorter amount of time as dictated by the conditions of the emergency. Where circumstances warrant, the city may relocate a vessel without issuing a notice to relocate to protect public health, safety, and welfare.
(Ord. 21-5 § 5)
The city manager or their designee shall enforce the provisions of this chapter.
(Ord. 21-5 § 5)
All violations of the provisions of this chapter are 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 § 5)