A person shall not use, operate or maintain any vessel, as provided in Section 13.16.250, except in accordance with all of the provisions of this chapter.
(Prior code § 26A-101; Ord. 446 § 1, 1973)
A person shall not operate a hydrofoil craft, seaplane or air
propeller-driven watercraft, paddleboard, aquaplane, surfboard, surf
mat or similar craft or devices propelled personally by manual or
sail power on or in park waters except as permitted by the director.
(Prior code § 26A-102; Ord. 446 § 1, 1973)
A person shall not use, operate or maintain any vessel which
is not registered as required by law.
(Prior code § 26A-103; Ord. 446 § 1, 1973)
A person shall not use, operate or maintain any vessel on or in any park waters until he first secures a permit to do so from the director and has met the applicable safety and sanitation requirements prescribed in Section 13.24.050. The person applying for such a permit shall pay such fees as may be prescribed from time to time by the jurisdiction operating such park.
(Prior code § 26A-104; Ord. 446 § 1, 1973)
A.
Each
vessel, prior to being issued a permit, is subject to inspection by
the director to determine that it meets the following sanitation and
safety standards:
B.
On
every vessel there shall be at least one life preserver, ring buoy,
life jacket or buoy for each occupant, and additional safety requirements
may be prescribed by the director in accordance with the standards
established by the United States Coast Guard.
C.
Each vessel issued a permit pursuant to Section 13.24.040 shall be subject to reinspection and reevaluation at any time the vessel is in or entering a park. The director may revoke any permit in a case where a vessel has previously been issued a permit and subsequently it is found by director that said vessel does not meet the requirements of this title.
(Prior code § 26A-105; Ord. 446 § 1, 1973)
All traffic control markers, signs, notices, signals, buoys or navigation control devices shall be installed only upon the authority of the director, and the director is authorized to install such permanent or temporary traffic control markers, signs, notices, signals, buoys or navigation control devices as he may deem necessary for the protection of persons and property within park waters, or to regulate traffic during and after any race, regatta, parade or special event being held in said park waters, or in any portion thereof. No person shall install any marker unless so authorized except to mark a sunken or disabled craft or other hazard to navigation as set forth in Section 13.24.260 hereafter. It is unlawful to wilfully fail to obey any such marker, sign, notices, signal, buoy or navigation control device utilized by the director or with any signal, orders or directions of the director.
(Prior code § 26A-106; Ord. 446 § 1, 1973)
A person shall not use, operate or maintain any vessel in any
park water or portion thereof which the director designates as not
being open to vessels.
(Prior code § 26A-107; Ord. 446 § 1, 1973)
A person shall not launch into or remove from park waters any
vessel except at specific locations designated by the director for
the purpose of launching and recovery of vessels or in accordance
with permits issued by the director.
(Prior code § 26A-108; Ord. 446 § 1, 1973)
All motor-driven vessels shall not be less than twelve feet
in length, except as otherwise permitted by the director.
(Prior code § 26A-109; Ord. 446 § 1, 1973)
No person shall use or operate a vessel except between the hours
of one-half hour before sunrise and one-half hour after sunset unless
otherwise permitted by the director. However, the director shall terminate
launchings whenever in his opinion the number of boats in use exceeds
the established maximum for a given body of water and the safety of
the park patrons would be jeopardized by permitting additional boats
to enter thereupon.
(Prior code § 26A-110; Ord. 446 § 1, 1973)
It is unlawful for any person to operate on park waters any power or motor-driven vessel that does not have neutral gear, except when participating as contestant as in Section 13.24.180 or by written permit of the director.
(Prior code § 26A-111; Ord. 446 § 1, 1973)
It is unlawful to wilfully or carelessly destroy, damage, disturb,
deface or interfere with any aid to navigation or mooring buoy, float,
life preserver, sign, signal, notice, control device or any other
public or private property whatsoever within park waters.
(Prior code § 26A-112; Ord. 446 § 1, 1973)
A.
The
entire area of any park waters is designated as a speed zone in which
no person, except a public officer in the performance of his duty,
shall operate a vessel or cause it to be operated at a speed greater
than the posted maximum speed limit, nor at a speed that is not reasonable
or prudent, having due regard for other vessels, property and persons
on said waters and visibility and weather conditions prevailing at
the time.
B.
The
prima facie speed limit in all areas to which this chapter applies
shall be five knots, unless posted differently by the authority of
the director.
C.
No
person shall operate a vessel upon park waters in such a manner that
the speed thereof creates an unnecessary or excessive wake.
D.
No
person shall operate or permit to be operated a motor vessel at any
speed, while any person on board said vessel shall be positioned in
such a manner as to endanger said person.
(Prior code § 26A-113; Ord. 446 § 1, 1973)
A person shall not wilfully injure, break, remove or tamper
with any part of any vessel within a park or park waters, nor shall
any person climb into or upon any vessel without consent of the owner
unless in performance of official duties or to protect life and/or
property.
(Prior code § 26A-114; Ord. 446 § 1, 1973)
It is unlawful at any time for any person to obstruct the free
and easy access to and departure from any portion of any ramp, landing,
pier, berth, float, wharf or any other facilities within park waters.
(Prior code § 26A-115; Ord. 446 § 1, 1973)
If the director finds that any vessel on any park water is overloaded,
unsafe in construction, design or for other reasons, or is being operated
in violation of this or any other ordinance, statute or order, he
may require the operator to remove such vessel from the park water
and/or revoke the permit. The operator shall comply with such an order.
(Prior code § 26A-116; Ord. 446 § 1, 1973)
A person having charge of a vessel shall not permit the debarkation
of passengers or the unloading of cargo onto any public or privately
controlled bulkhead, float, wharf, pier, dock or other structure within
park waters, or onto another vessel, without the consent of the person
in charge of such structure or vessel, except in an emergency.
(Prior code § 26A-117; Ord. 446 § 1, 1973)
A.
A person
shall not engage or participate in a boat race, regatta, demonstration,
exhibition or other special event unless so authorized by permit of
the director.
B.
If
the director finds that conditions in any park waters, or in any portion
thereof, can be so regulated at a particular time that the participation
of any vessel or group of vessels, or of certain classes, sizes or
types thereof, in a boat race, regatta, demonstration, exhibition
or other special event will not create any danger to persons or property,
and will not unduly interfere with the normal use of park waters,
he may grant a temporary permit authorizing such vessels to participate
in such special events at such times and under such conditions and
restrictions as he may prescribe. A person may operate a vessel so
authorized to participate in the manner prescribed by the permit and
so long as he complies in all respects with the terms, conditions
and restrictions of such permit. Permits granted under the provisions
of this section are immediately revocable upon determination by the
director or his authorized representative that a dangerous or intolerable
situation exists during the conduct of the special event.
(Prior code § 26A-118; Ord. 446 § 1, 1973)
A person shall not use, operate or maintain a canoe on any park
waters except in designated areas.
(Prior code § 26A-119; Ord. 446 § 1, 1973)
A person shall not use, operate or maintain a sailboat on any
park waters during any time the water level is below that considered
safe by the director.
(Prior code § 26A-120; Ord. 446 § 1, 1973)
The director shall keep an accurate record of the number, size,
type and description of all vessels within or using park waters, and
it is unlawful for any person having knowledge thereof to fail or
refuse to provide said information to the director on demand.
(Prior code § 26A-121; Ord. 446 § 1, 1973)
A person shall not make fast or moor any vessel to any aid to
navigation within park waters such as buoys, nun-buoys, spar-buoys
or other objects identifiable as aids to navigation, except in an
emergency.
(Prior code § 26A-122; Ord. 446 § 1, 1973)
A person shall not place a private mooring buoy in park waters
without first securing a permit for such installation from the director.
A person securing such a permit shall be responsible for providing
equipment meeting the director's specifications for accurate initial
placement of the buoy and tackle and for its subsequent maintenance,
positioning and removal in accordance with the terms and conditions
of the permit; he shall also be liable for any costs incurred by the
jurisdiction operating such park in the recovery, repositioning or
resecuring of such buoy and tackle under emergency conditions.
(Prior code § 26A-123; Ord. 446 § 1, 1973)
The director may permit vessels to anchor or occupy a mooring
buoy for such period of time as he may prescribe, and in designated
areas set aside or reserved for this purpose by the director.
(Prior code § 26A-124; Ord. 446 § 1, 1973)
The owner or other person having charge of any vessel shall
not secure, moor or make fast any vessel to any float, wharf, pier,
mooring or other facilities within park waters without the consent
of the lessee, agent or other person in charge of such facility. It
is unlawful for the owner or operator of such vessel to fail or refuse
to remove or change the position of such vessel as ordered by the
director. In the event the owner of a vessel moored without permission
cannot be located within a reasonable time, the director may, at his
discretion, remove the vessel without liability for any damage thereto
and such vessel shall remain in his custody until claimed by proper
owners, who shall pay all expenses incurred by the county in connection
therewith.
(Prior code § 26A-125; Ord. 446 § 1, 1973)
A.
It
is unlawful to tie up or anchor a vessel in park waters in such a
manner as to prevent or obstruct the passage of other vessels; or
to voluntarily or carelessly sink or allow to be sunk any vessel in
any park waters or berthing space in such a manner to impede navigation
or cause damage to vessels or facilities therein.
B.
Whenever
a vessel is sunk in park waters accidentally or otherwise and such
vessel obstructs or endangers navigation, it shall be the duty of
the owner of such vessel to mark it immediately by buoy or beacon
by day, and by lantern or light by night, and to maintain such markings
until the sunken vessel or obstruction is removed; and neglect or
failure of such owner to do so is unlawful. The owner of such sunken
vessel shall immediately commence removal of such vessel and prosecute
the removal diligently to completion.
C.
Whenever
the navigation of any park waters including moorings or berths therein
shall be obstructed or endangered by any sunken vessel or obstruction,
and the obstruction or danger has existed for a period of more than
ten days, the vessel or obstruction shall be subject to removal, sale
or other disposition. The owners of such vessel or other property
causing said obstruction or danger shall be liable for all costs incident
to removal and disposition, and the city or other jurisdiction operating
such park, its employees, agents and officers shall not be liable
for damages of any nature whatsoever arising out of or in any way
connected with removal, sale or disposition of such vessel or other
property.
(Prior code § 26A-126; Ord. 446 § 1, 1973)
Any vessel that may enter park waters in a disabled or dangerous
condition, or any vessel on park waters which may for any reason be
dangerous or rendered disabled, shall immediately become subject to
the orders and directions of the director and it is unlawful for any
person to fail or refuse to comply with his orders or directions with
regard to disposition of such vessel.
(Prior code § 26A-127; Ord. 446 § 1, 1973)
A.
The
operator of any vessel which collides with any unattended vessel on
park waters shall immediately secure his vessel and shall forthwith
notify the owner of the struck vessel of the name and address of the
operator and/or owner of the striking vessel, either in person or
by leaving in a conspicuous place in the struck vessel a written notice
giving such name and address and a statement of circumstances, whereupon
he shall immediately report the incident to the director. It is unlawful
to fail to render said notice and said report.
B.
The
rendering of this notice and report aforementioned in this section
shall not exonerate any boat operator or owner from rendering accident
reports required by the California Harbors and Navigation Code, or
any other reports required by law.
(Prior code § 26A-128; Ord. 446 § 1, 1973)
A.
Upon
application to the director, persons operating, maintaining or possessing
vessels using park waters may be authorized by the director to use
and operate toilet fixtures equipped with approved and acceptable
devices that will prevent contaminants from entering park waters.
B.
Toilet
fixtures of a vessel which are equipped with a device or devices for
the purpose of preventing contaminants from entering into park waters
shall not be used for the disposal of excrement, sewage or other contaminants
unless a permit in writing has first been issued by the director.
(Prior code § 26A-129; Ord. 446 § 1, 1973)
A person shall not weld, burn or cut using any device or attachment
facilitating welding, burning or cutting, nor shall any person use
any type gas welding, burning or cutting equipment on or within any
vessel when moored or anchored within any park waters except when
the vessel is moored or anchored within an area that has been designated
by the director. Such welding, burning or cutting shall be with the
approval of the county forester and fire warden and under such regulations
as he may require.
(Prior code § 26A-130; Ord. 446 § 1, 1973)
A person shall not operate the motor of a vessel at high rpm
with the gears engaged, when such vessel is moored or secured in a
slip or berth, in such a manner that the wash of the propeller will
cause turbulent waters that create a hazard to other vessels, persons
or property.
(Prior code § 26A-131; Ord. 446 § 1, 1973)
While launching or retrieving a vessel via trailer attached
to a vehicle, no person other than the driver of the vehicle shall
be in the vehicle. It shall be the responsibility of said driver to
insure no other person is in the vehicle.
(Prior code § 26A-132; Ord. 446 § 1, 1973)
Except in an emergency, a person shall not land or take off
any helicopter, seaplane or other aircraft on or from any park or
park waters without the prior approval of the director.
(Prior code § 26A-133; Ord. 446 § 1, 1973)
