The recreational use of the American River Parkway includes
the use of the American River by rafts, kayaks and other floating
devices. Based on watercraft counts taken in August 1981, there are
approximately 46,550 rafts and 2,450 canoes and kayaks that use the
American River each season. This represents approximately 237,650
small watercraft recreation visits per year or 4.8% of total American
River Parkway visits.
The use of the American River by persons on rafts, kayaks and
other floating devices poses a serious threat to the health, safety
and welfare of such persons, to property owners adjoining the American
River, and to the riparian environment. The popularity of river rafting
on the American River has resulted in traffic congestion, parking
violations, environmental pollution, increased need for law enforcement,
increased need for search and rescue assistance, and additional repair,
maintenance and operational costs to the County.
At least 50% of the rafts, kayaks and canoes used on the American
River are owned by private businesses and rented to the public. Licensing
of commercial users of the American River Parkway for rafting and
other floating devices is necessary to ensure that necessary public
resources are provided to preserve the safety, health and welfare
of the community and that the Licensee bears the responsibility for
collecting such Countyimposed fees as are deemed necessary to provide
such public resources.
As a result of County's budget crisis, the County lacks sufficient
revenue to pay for an adequate level of beach maintenance, supervision,
ranger assistance and other services necessary to ensure the safety,
health and welfare of the community on the American River Parkway.
The establishment of a fee structure is necessary to pay for such
costs as are attributable to usage of the American River Parkway by
rafters.
The County has imposed such fees pursuant to Resolution No.
92-1000. Those fees are collected at the same time as parking fees
from those members of the public who use County parking facilities
to access the American River Parkway.
A significant number of rafts (as many as 600 rafts per weekend
day or 30% of total raft use on the Parkway) are carried into the
American River Parkway by walk-ins who do not use County parking facilities.
The majority of the walk-ins rent or lease rafts from private businesses
located at or near access points to the American River Parkway.
In order to collect any fees directly from such walk-in users,
the County would have to install, at substantial expense, fee collection
booths and fencing in order to direct walk-ins to a collection point.
Even with walk-in collection booths, it would be difficult to cover
all walk-in access points to the American River Parkway for purposes
of collecting fees from walk-in rafters. Requiring Licensees to collect
such fees from their patrons at the same time as raft rental fees
or charges are collected ensures that the County can offset its costs
of maintenance, ranger assistance in emergencies and non-emergencies,
and such other services as are necessitated by the use of the American
River Parkway by rafters.
(SCC 0920 § 1, 1993)
As used in this chapter, the terms identified by Sections 4.28.010 through 4.28.015 shall be ascribed the meanings indicated.
(SCC 0920 § 1, 1993)
As used in this chapter, the term "raft" shall be deemed to
mean any raft, canoe, kayak, inner tube, or any other type of inflatable
or non-inflatable floating device used or intended to be used for
traversing any waterway. It shall not include any boat required to
be registered with the State of California or any federal agency.
(SCC 0920 § 1, 1993)
As used in this chapter, the term "raft rental business" shall
be deemed to mean any person or entity which leases, rents, loans
or otherwise supplies for consideration any raft in the unincorporated
area of the County, whether singularly or in connection with another
type of enterprise.
(SCC 0920 § 1, 1993)
As used in this chapter, the term "County-imposed fees" shall
be deemed to mean such fees as may be prescribed from time to time
by resolution of the Board of Supervisors for purposes of ensuring
the maintenance, operation and services provided for the American
River Parkway which are necessitated due to rafting on the American
River.
(SCC 0920 § 1, 1993)
The County Director of Parks and Recreation is charged with
the responsibility of administering this chapter and exercising the
authority conferred thereby. Such authority shall include the power
and duty to issue Special Business Licenses authorizing the operation
of any raft rental business, promulgation and enforcement of the administrative
regulations and the performance and exercise of the duties and authorities
conferred herein.
To these ends, the County Director of Parks and Recreation shall be vested with the same powers and authorities in relation to raft rental businesses and the issuance and administration of Special Business Licenses therefor as are vested in the Sheriff under Chapter 4.02, Sections 4.02.070, 4.02.085 and 4.02.105; and Chapter 4.10, Sections 4.10.000 through 4.10.155 of this Code. Any reference to the "Sheriff" in said sections as that reference relates to the issuance, renewal or denial of a Special Business License or as that reference relates to the appeal of a denial, revocation or suspension of a Special Business License shall be deemed a reference to the County Director of Parks and Recreation in relation to this river rafting ordinance.
Whenever the term "Director" is used in this chapter, the term
shall mean the County Director of Parks and Recreation.
(SCC 0920 § 1, 1993)
No person shall operate a raft rental business within the unincorporated area of the County, unless under and by authority of a valid, unrevoked and unexpired Special Business License issued pursuant to the provisions of Chapter 4.10 and this chapter.
(SCC 0920 § 1, 1993)
Every person issued a Special Business License under the provisions
of this chapter shall keep the License posted and exhibited in a conspicuous
part of the premises.
(SCC 0920 § 1, 1993)
In addition to the matters prescribed by Chapter 4.10, Section 4.10.030, an application for a Special Business License to operate a raft rental business shall contain the following:
a.
The
name, business address and telephone number of the applicant, and
if the applicant is not a natural person, a copy of the articles of
incorporation, by-laws, partnership agreement or other written instrument
by which the entity is established;
b.
The
name and street address within Sacramento County of an individual
authorized to accept service of legal process or any notices issued
pursuant to this chapter.
(SCC 0920 § 1, 1993)
The Director shall issue a Special Business License to allow
operation of a raft rental business unless:
a.
One
or more of the findings prescribed by Section 4.10.040(a), (b) and
(d) are made; or
b.
That
information contained in the application is false or otherwise inaccurate.
(SCC 0920 § 1, 1993)
The applicant shall report to the Director any change in the information required by Section 4.23.040 within 10 days of the effective date of the change.
(SCC 0920 § 1, 1993)
Each Licensee shall collect from each person who rents, leases
or hires rafts from the Licensee, the amount of any county-imposed
fee prescribed by resolution of the Board of Supervisors. Such county-imposed
fee shall reflect the pro rata cost of maintenance, operation and
services provided for the American River Parkway which is attributable
to usage by rafts. Each Licensee shall collect such county-imposed
fees to the same extent and at the same time as the raft rental fee
or charge is collected from Licensee's patrons. The amount of the
County-imposed fee shall be separately stated from the amount of the
raft rental fee or charge. Licensee shall provide each person who
rents, leases or hires such rafts with a receipt for payment of the
County fee.
(SCC 0920 § 1, 1993)
Each Licensee shall on the 10th of the month, or at the close
of any shorter reporting period which may be established by the Director,
prepare and mail to the Director on a form to be obtained by such
Licensee from the Director for that purpose, a full, true and complete
report of the total number of times that rafts were rented and the
amount of County-imposed fees collected during the month preceding
the filing of such report. At the time the report is submitted to
the Director, each Licensee shall remit the full amount of the County-imposed
fees collected by said Licensee during the month. All County-imposed
fees collected by Licensee pursuant to this chapter shall be held
in trust for the account of the County until such fees are remitted
to the Director.
The Director may require additional information in the report
and may establish a shorter reporting period for any Licensee in order
to ensure collection of the County-imposed fee. Remittance of the
full amount of the County-imposed fees collected by any Licensee shall
be due immediately upon Licensee's cessation of business for any reason.
(SCC 0920 § 1, 1993)
The amount of County-imposed fees which each Licensee is required
to collect pursuant to this chapter is a debt owed by the Licensee
to the County. Failure to pay County the amounts collected, or required
to be collected, shall result in the filing of a court action in the
County's name to collect payment. County Counsel shall be authorized
to file an action to collect such County imposed fees on behalf of
the Board of Supervisors.
(SCC 0920 § 1, 1993)
The Licensee shall keep full and accurate records of the total
number of rafts which are rented or leased and the amount of County-imposed
fees collected by Licensee. The records shall be of such types and
maintained in such manner as may be prescribed by the Director. The
Director or any other authorized representative of the County shall
have the right to examine and audit such records at any reasonable
time and the Licensee shall fully cooperate by making such records
available. Such audits shall be conducted not less frequently than
annually, for each 12 months of each Licensee's operation.
(SCC 0920 § 1, 1993)
It shall be the duty of every Licensee to keep and preserve, for a period of three years, all records, ledgers and accounts relating to the rental or lease of rafts, and the required collection of County-imposed fees as prescribed in accordance with Section 4.23.055, that are necessary to determine or establish compliance with the provisions of this chapter.
(SCC 0920 § 1, 1993)
In addition to the grounds set forth in Section 4.10.135 and in addition to the penalties prescribed in 4.23.085, a Special Business License may be revoked during its term if the Director finds in writing that one or more of the following grounds exist:
a.
Violation
by the Licensee of any of the terms, conditions, or requirements of
this chapter;
b.
Violation
by the Licensee of any administrative regulation or rule promulgated
pursuant to the provisions of this chapter;
c.
Failure
of the Licensee to comply with any applicable County, State or federal
law;
(SCC 0920 § 1, 1993)
Notwithstanding the provisions of Section 4.02.100, any person who violates any of the regulatory requirements adopted by the Director pursuant to this chapter or who fails or refuses to collect and remit the Countyimposed fee to the County as required in accordance with Sections 4.23.055 and 4.23.060, is guilty of a misdemeanor and upon conviction may be punished by a fine not to exceed five hundred dollars or by imprisonment in the county jail not to exceed six months, or both. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this chapter, or regulatory requirements adopted by the Director pursuant to this chapter, is committed, continued, or permitted by any such person, and shall be punished accordingly.
(SCC 0920 § 1, 1993)
Any action or proceeding commenced or continued by the Director
or the County against a person for violations of this chapter, or
any regulations or rules adopted by the Director pursuant to this
chapter, shall be deemed actions or proceedings to enforce the police
or regulatory power of the County.
(SCC 0920 § 1, 1993)
