Note: Prior ordinance history: Ord. Nos. 1296, 3033, 3083, 3091, 3093, 3118, 3127, 3142, 3153, 3154, 3161, 3213, 3222, and NS-286.
The purpose and intent of this chapter is to establish and regulate a special use area in the inner lagoon area of the Agua Hedionda Lagoon subject to criminal sanctions. It establishes speed zones, time restrictions, and other regulations to protect and ensure the safe and enjoyable use of the inner lagoon. These rules and regulations will be enforced by the Carlsbad police department's police officers and community service officers.
(Ord. NS-292 § 1, 1994; Ord. NS-509 § 1, 1999)
For purposes of this chapter, the definitions set forth in the State Harbors and Navigation Code, Vehicle Code and California Administrative Code, as amended to date, and as follows, shall apply:
"Interim management plan"
means the interim management plan to facilitate the Agua Hedionda Lagoon Caulerpa Taxifolia Eradication Program, as amended to date, which has been approved by the City Council and is on file with the City Clerk's office.
"Passive use area"
means the eastern end of the inner lagoon east of red marker buoys, shown as Zone 6 on the Inner Lagoon Survey Zones map on file in the City Clerk's office.
"Personal watercraft area"
means that portion north of the red marker buoys at the northwest end of the inner lagoon, shown as Zone 3 on the Inner Lagoon Survey Zones map on file in the City Clerk's office.
"Powerboat area"
means the middle area of the inner lagoon, between the personal watercraft and passive use area, shown as Zones 4 and 5 on the Inner Lagoon Survey Zones map on file in the City Clerk's office.
"Slalom course area"
means that portion of the inner lagoon located parallel to the southeastern shoreline within both the powerboat and passive use areas, 1,850 feet long and no more than 150 feet north of the slalom course and 150 feet west of the passive use areas, as delineated by marker buoys.
(Ord. NS-292 § 1, 1994; Ord. NS-509 § 2, 1999; Ord. NS-630 § 1, 2002; Ord. NS-631 § 1, 2002)
Of the entire Agua Hedionda Lagoon, consisting of three sections known as outer lagoon, inner lagoon, and middle lagoon, only the inner lagoon is declared to be a "special use area" defined in California Harbors and Navigation Code Section 651 authorized for local rules by Section 600(a) as authorized by California Harbors and Navigation Code Section 660. Use of the inner lagoon is subject to the provisions of this chapter and any regulations adopted by resolution of the City Council, including any regulations contained in or established pursuant to the interim management plan.
(Ord. NS-292 § 1, 1994; Ord. NS-509 § 3, 1999; Ord. NS-630 § 2, 2002; Ord. NS-631 § 2, 2002)
A. 
It is unlawful to operate any type of vessel on the inner lagoon without first obtaining a city annual or temporary lagoon use permit issued by the City Manager or a designee, or a daily lagoon use permit issued by the Snug Harbor Marina office. The vessel operator shall display the city's annual permit decal in the specified location at all times or possess and show upon request a valid city temporary or daily lagoon use permit.
B. 
Lagoon use permits may be denied, suspended, or revoked for failure to comply with the provisions of this chapter or any regulations adopted pursuant to this chapter, including any regulations contained in the interim management plan.
C. 
The City Manager is authorized to establish appropriate procedures, consistent this chapter and applicable laws and regulations, for the issuance, denial, suspension, or revocation of a lagoon use permit. The procedures for issuing a lagoon use permit shall include, without limitation, the following requirements:
1. 
Permit application and hold harmless indemnity agreement shall be filled out and signed by a responsible adult;
2. 
The current permit fee as established by the City Council by resolution must be paid;
3. 
The fee is nonrefundable and nontransferable;
4. 
Those vessels that are required by California department of motor vehicles to obtain vessel registration shall provide a copy of valid vessel registration;
5. 
Lagoon use permits are not required for dredging, research, patrolling or maintenance by the lagoon owner and/or its representative.
(Ord. NS-292 § 1, 1994; Ord. NS-509 § 4, 1999; Ord. NS-630 § 3, 2002; Ord. NS-631 § 3, 2002)
It is unlawful to operate a vessel at speeds in excess of 45 miles per hour except pursuant to a special events permit issued pursuant to Chapter 8.17.
(Ord. NS-292 § 1, 1994; Ord. NS-509 § 5, 1999)
Between sunset and sunrise the following day, no person shall operate a vessel at speeds in excess of five miles per hour.
(Ord. NS-292 § 1, 1994)
The inner lagoon, including all water areas east of Interstate 5, shall be subject to the following regulations all year round:
A. 
Separate areas are established for use by personal watercraft, powerboats and passive (non-motorized) vessels, with transit corridors adjacent to the shorelines for transit to and from these separate areas.
B. 
Personal watercraft are limited to and shall maintain a counterclockwise pattern when in the personal watercraft area. A person may not operate nor give permission to operate a personal watercraft for the purpose of towing a person on water skis, aquaplane or similar device.
C. 
Powerboats are limited to and shall maintain a counterclockwise traffic pattern when in the powerboat area.
D. 
Passive vessels are limited to the passive use area, and shall remain north of the slalom course area when it is in use pursuant to Section 11.24.110.
(Ord. NS-292 § 1, 1994; Ord. NS-509 § 8, 1999)
A. 
Fishing from the shoreline or from a passive vessel shall be limited to the passive use area; fishing from a powerboat shall be limited to the powerboat area. It is unlawful to cast fishing lines into any transit corridor or in the traffic pattern of any vessel.
B. 
This section shall become operative on January 1, 2008, unless amended or repealed by further action of the City Council.
(Ord. NS-292 § 1, 1994; Ord. NS-509 § 9, 1999; Ord. NS-630 § 4, 2002; Ord. NS-631 § 4, 2002; Ord. NS-661 § 1, 2003; Ord. NS-700 § 1, 2004; Ord. NS-749 § 1, 2005; Ord. NS-844 § 1, 2007)
A. 
Notwithstanding any other provision of this chapter and except as otherwise provided in this section, it is unlawful to anchor a boat in any area of the inner lagoon.
B. 
The City Manager may allow anchoring in the passive use area or in the powerboat area if the City Manager finds, based on available scientific data, that allowing anchoring in these areas is consistent with the interim management plan and will not cause the spread of Caulerpa taxifolia inside or outside of the lagoon.
C. 
Nothing in this section precludes a person from anchoring in an emergency situation in order to prevent personal injury or property damage.
D. 
This section shall be operative until December 31, 2007, at which time it shall automatically be repealed unless extended by further action of the City Council.
(Ord. NS-595 § 1, 2001; Ord. NS-596 § 1, 2001; Ord. NS-630 § 5, 2002; Ord. NS-631 § 5, 2002; Ord. NS-661 § 2, 2003; Ord. NS-700 § 2, 2004; Ord. NS-749 § 2, 2005; Ord. NS-796 § 1, 2006; Ord. NS-844 § 2, 2007)
A. 
Except when necessary for starting and stopping only, it is unlawful to operate a personal watercraft or powerboat in any area of the inner lagoon in a manner that generates wakes in excess of 12 inches above the undisturbed water line.
B. 
This section shall be operative until December 31, 2007, at which time it shall automatically be repealed unless extended by further action of the City Council.
(Ord. NS-630 § 6, 2002; Ord. NS-631 § 6, 2002; Ord. NS-661 § 2, 2003; Ord. NS-700 § 3, 2004; Ord. NS-749 § 3, 2005; Ord. NS-796 § 3, 2006; Ord. NS-844 § 3, 2007)
A. 
Notwithstanding any other provision of this chapter, it is unlawful to enter or to cause a personal watercraft, powerboat, or passive vessel to enter any area of the inner lagoon that is closed for survey or eradication work under the interim management plan.
B. 
Nothing in this section precludes the entering into a closed area of the inner lagoon in an emergency situation in order to prevent personal injury or property damage.
(Ord. NS-630 § 7, 2002; Ord. NS-631 § 7, 2002)
All public accesses are subject to the following year-round regulations:
A. 
Open for walk-in traffic only, from sunrise to sunset; it is unlawful to drive a motorized vehicle on a public access when posted for walk-in traffic only;
B. 
Passive vessels with a valid city permit may be launched at any public access;
C. 
It is unlawful to launch any personal watercraft or powerboat from any public access.
(Ord. NS-292 § 1, 1994; Ord. NS-509 § 10, 1999)
The maximum number of passive and power vessels (excluding personal watercraft) using the water in their designated use areas at any one time shall not exceed 40 vessels in the passive use area, nor 30 vessels in the powerboat area. The maximum number of personal watercraft using the personal watercraft area at any one time shall not exceed 15. The maximum number of boardsails using the passive use area at any one time shall not exceed 20.
(Ord. NS-292 § 1, 1994; Ord. NS-509 § 12, 1999)
The maximum vessel length allowed in the inner lagoon, excluding rescue, research and maintenance vessels, shall be 21 feet or less for powerboats, 18 feet or less for passive vessels and 12 feet or less for personal watercraft. Notwithstanding the foregoing, powerboats used for skiing may be 23 feet if the manufacturer's certified slalom wake rise rating is less than nine inches.
(Ord. NS-292 § 1, 1994; Ord. NS-509 § 13, 1999)
The city reserves the right to limit the type of vessels and aquatic uses of the lagoon. The following type of vessels or uses are not allowed on the inner lagoon:
A. 
Parasails;
B. 
Hovercraft (except for official use);
C. 
High profile cabin cruisers;
D. 
Motorized surfboard-like vessels;
E. 
No aircraft shall land on takeoff from the water or public shoreline and public accesses;
F. 
No aquatic vessel races, ski meets, vessel parades or other aquatic special events on the water are allowed except as authorized by a special events permit obtained pursuant to Chapter 8.17;
G. 
No permanent mooring a vessel;
H. 
No swimming or wading, except in conjunction with other permitted activities under this chapter;
I. 
This section is not intended to apply to the lagoon owner and/or its representative, the state, county, city or other political subdivision of the state. The city does not intend to regulate maintenance, dredging, research, patrol, utility and other vessels authorized by lagoon owner and/or its representative for its uses in the lagoon.
(Ord. NS-292 § 1, 1994; Ord. NS-509 § 14, 1999)
It is unlawful to place waste or refuse of any kind in the water, on the shoreline or public access except in designated waste or refuse containers.
(Ord. NS-292 § 1, 1994)
The following shall apply when daylight savings time is in effect: The slalom course area may be used in two directions between sunrise and 10:00 a.m. daily. After 10:00 a.m. the slalom course area will be closed and unlawful to use. Each pass made through the slalom course area, when closed, shall constitute a new and separate offense. Between sunrise and 10:00 a.m. daily, powerboats and skiers shall comply with the following procedures:
A. 
No vessel may enter through the slalom course area when another powerboat is towing a skier.
B. 
Only one boat at a time may use the course. Other boats wishing to use the course will sit at a safe distance not less than 50 feet at the west end of the designated slalom course area. A skier may take a maximum of four passes through the course. A boat completing its passes should retrieve its skier and proceed at speeds less than five miles per hour to the waiting area, south beach or powerboat area. The next boat in line may proceed to the starting area and begin pulling its skier. For the purposes of this chapter, the definition of a pass shall be one round trip through the course.
C. 
If a skier falls during a pass, the boat must return at a safe speed to pick up the skier. Each skier is allowed two falls per pass. A failed attempt to get up is to be considered a fall.
D. 
It is unlawful to pull more than one skier within the boundaries of the designated slalom course area.
E. 
The city reserves the right to terminate use of the slalom course by any vessel or skier at any time based on safety and liability concerns.
F. 
In the event of any dispute or question as to what constitutes a safety or liability concern, the decision of the city shall be binding and conclusive.
When Pacific standard time is in effect, all of the aforementioned slalom course rules shall remain in effect with the exception of the time restriction.
(Ord. NS-292 § 1, 1994; Ord. NS-509 § 17, 1999)
Boats and skiers shall comply with the following rules and procedures:
A. 
Boats shall maintain a counterclockwise pattern in the powerboat area.
B. 
No takeoffs or drop-offs are allowed in the personal watercraft area, vessel corridors, or passive use area at any time.
C. 
Takeoff traffic shall standby until the way is safe and clear before starting.
D. 
All drop-offs shall be done parallel to the shoreline; the boat shall not "hook," instead it shall remain parallel to the shoreline; once the skier drops off, the boat shall stop, draw in the towline and when safe, make a small counterclockwise turn back to the desired beach location.
E. 
The maximum number of towlines used behind any boat shall be two; the maximum number of skiers behind any boat shall be two.
F. 
When towing two skiers and one skier falls, the second skier shall let go of the towline. The boat shall then follow established procedure and safety precautions for skier pick-up and takeoff procedures.
G. 
No unattended ski equipment may be left in the lagoon.
H. 
Towing of any object or aquatic device (excluding water skis and wake boards) is subject to approval by the city, in advance.
I. 
No boat shall pull into the beach with tow line dragging behind.
J. 
Vessel racing is prohibited unless approved in accordance with Section 11.24.085.
(Ord. NS-292 § 1, 1994; Ord. NS-509 § 18, 1999)
When buoys are placed out from the shoreline to establish vessel transit corridors, it is unlawful to travel on the shore side of such buoys except for the purpose of transit from one area to another at speeds not to exceed five miles per hour. No towing of any aquatic device or person is allowed between the buoys and the shoreline. No water ski takeoff is permitted in the transit corridor, between the buoys and the shoreline. No mooring, anchoring or beaching a vessel is allowed in the transit corridor between sunset and sunrise.
(Ord. NS-292 § 1, 1994; Ord. NS-509 § 19, 1999)
The city declares its purpose in adopting this chapter is safe conduct among the users of the Agua Hedionda Lagoon. The City Council does not expand its liability, if any, for accidents or injuries sustained by the public user of such aquatic areas. Any person utilizing aquatic areas does so at his or her own risk.
(Ord. NS-292 § 1, 1994)
A. 
It is unlawful for any person to violate any provision of this chapter, including to refuse to follow or comply with regulations adopted pursuant to this chapter, or with any lawful notice, sign, order, warning signals, or lawful direction of a police officer, community services officer, or lifeguard, except for the purpose of making a rescue.
B. 
It is further unlawful for any person to deface, injure, knock down or remove any notice, sign, or warning placed for the purpose of enforcing the provisions of this chapter, or regulations adopted pursuant to this chapter.
C. 
Operators of vessels on the lagoon shall, upon approach of a marked enforcement vessel displaying a blue light, immediately yield the right-of-way to the enforcement vessel and, upon direction of the operator of the enforcement vessel, come to a stop.
(Ord. NS-292 § 1, 1994; Ord. NS-509 § 20, 1999; Ord. NS-630 § 8, 2002; Ord. NS-631 § 8, 2002)
The City Council may by resolution establish boating regulations for the inner lagoon.
(Ord. NS-292 § 1, 1994; Ord. NS-509 § 21, 1999)
A. 
Except for the issuance, denial, suspension, or revocation of lagoon use permits under Section 11.24.020, which shall be administered by the City Manager or a designee, the police department shall enforce this chapter, including any regulations adopted by the City Council pursuant to this chapter, along with any violation of the California Harbors and Navigation Code, Penal Code, Vehicle Code, and their implementing regulations, pertaining to the inner lagoon.
B. 
If a community services officer III is assigned by the Police Chief or a designee to patrol the inner lagoon, the officer is charged with enforcement of the above laws and regulations and authorized and empowered to act pursuant to Penal Code Sections 836.5 and 853.6 to arrest or issue a citation to any person without a warrant whenever the officer has reasonable cause to believe that the person has committed a violation of these laws and regulations and the violation was committed in the officer's presence.
(Ord. NS-297 § 1, 1994; Ord. NS-509 § 22, 1999; Ord. NS-630 § 9, 2002; Ord. NS-631 § 9, 2002)
Violations of this chapter, or any regulations adopted pursuant to this chapter, are subject to the provisions of Chapter 1.08 of this code.
(Ord. NS-630 § 10, 2002; Ord. NS-631 § 10, 2002)
If any section, subsection, sentence, clause or phrase of this chapter is for any reason held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining sections, and each section, subsection, sentence, clause and phrase hereof would have been prepared, proposed, adopted, approved and ratified irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.
(Ord. NS-292 § 1, 1994)