The purpose of this Chapter is to provide for the safe and beneficial use of the public rivers and streams over which the County of Tulare exercises police powers.
Unless the context otherwise requires, the following definitions shall govern the construction of this Chapter:
(a) "Boat"
includes every type of watercraft, other than a seaplane or aquaplane, used or capable of being used as a means of transportation of persons or property upon, under or over the surface of water including, but not limited to, any boat, vessel, barge, canoe, raft, skiff, dinghy, rowboat, sailboat, sailing vessel, yacht, motor vessel, launch, ship, jet ski, float, water ski, pontoon or other personal watercraft.
(b) "General Services Director"
means the Director of the General Services Department of the County of Tulare or his duly authorized representative or deputy.
(c) "Owner"
means the person registered by the California Department of Motor Vehicles, or any State other than California, as the owner of the boat.
(d) "Motorboat"
shall mean and include every description of watercraft within the definition of boat used or capable of being used as a means of transportation on water and which is or may be propelled by machinery whether or not such machinery is the principal source of propulsion.
(e) "Raft"
shall mean any object used to float with the current, including but not limited to surfboards, styrofoam objects, logs, boards, air mattresses, rubber rafts and inner tubes but shall not include canoes, kayaks or rowboats.
(f) "River"
means any herein named public river or stream within the boundaries of the County of Tulare over which the County has and exercises police power jurisdiction, either exclusively or concurrently with the United States or the State of California, by contract, by law or otherwise.
(g) "Stunt riding"
means driving, riding or operating of a motorboat while facing or riding backwards, standing on head, standing on seat, or in a similar reckless and negligent manner so as to endanger the life, limb or property of any person. Stunt riding also includes but is not limited to the operating of a motorboat in a reckless or irresponsible manner so as to cause the boat to jump a ramp or other obstacle or otherwise be of danger to the operator or the public.
This Chapter is not the exclusive regulation of public rivers and streams. It shall supplement and be in addition to the other statutes, rules, regulations and ordinances heretofore or hereafter enacted, adopted or otherwise propounded by the United States or any Department thereof, the State of California or any Department thereof, the County of Tulare, or any other legal entity or agency having jurisdiction. No provision of this Article is intended to supersede or be in conflict with any statute, rule or regulation of the United States or of the State of California relating to the river addressed by this Chapter. In the event of any conflict between the provisions of this Chapter and any such State or Federal statute, rule or regulation, the conflicting provisions of this Chapter shall be deemed superseded by the State or Federal statute, rule or regulation, and of no force or effect. Provided further, that other provisions of this Chapter not in conflict with any law or any State or Federal statute, rule or regulation shall remain in full force and effect.
The laws of the State of California relating to the operation and equipment of boats upon the waters of this State, and rules and regulations adopted pursuant to State law, are applicable to the operation and equipment of boats upon public rivers in Tulare County.
(a)
Authority to issue permits: The Resource Management Agency Director is authorized to issue permits following a Board resolution authorizing the Director to consider an application for an activity identified in this Chapter. Once the Board has passed the resolution, subsequent applications from the same applicant, for the same activity and location, do not require additional Board authorization. The Resource Management Agency Director shall require approval from the Tulare County Sheriff prior to the issuance of permits for activities identified in this Chapter.
(b)
Permit required: It shall be unlawful for any person to hold, manage, conduct, carry on, or cause or permit to be held, managed, conducted or carried on any activities identified in this Chapter without first obtaining a written permit to do so from the Resource Management Agency Director.
(c)
Application for permit: Any person who wants to hold, manage, conduct, carry on, or cause or permit to be held, managed, conducted or carried on any activities identified in this Chapter shall first make a written application for and secure a written permit from the Resource Management Agency Director. The application must be submitted 60 days prior to the date of the activity. The Director may exercise discretion to shorten this time period. Applications from individuals shall be signed by the individual applying for the permit. Applications from business entities or organizations shall be signed by the managing agent. The applications shall be on forms prescribed by the Resource Management Agency Director, and shall specify the time, place and purpose for which the permit is desired. Upon receipt of a first-time, properly executed application, the Resource Management Agency Director shall seek a Board Resolution authorizing the Director to proceed with consideration of the application within a reasonable time.
(d)
Consideration of resolution: When considering whether to pass a resolution authorizing consideration of an application for an activity identified in this Chapter, the Board of Supervisors shall hear any evidence offered that concerns the place where the activity is to be held and its relation to the public peace, health and safety of the community.
(e)
Consideration of application: When the Resource Management Agency Director considers an application for a permit for an activity identified in this Chapter, the Director shall require approval from the Tulare County Sheriff regarding the health, safety and welfare of the community. The Resource Management Agency Director may grant or deny the application, in whole or in part, and place restrictions on the permit as deemed necessary.
(f)
Fees: The Resource Management Agency Director may impose reasonable fees for the cost of the application.
(g)
Insurance: Prior to the issuance of a permit an applicant shall file with the Resource Management Agency Director policies or certificates of general liability insurance covering the activities under the permit and in form and amount acceptable to the County Risk Manager. The insurance policies shall name the County, its officers, employees and agents as additional insureds, may contain other requirements as deemed necessary by the County Risk Manager and shall be maintained without modification for the term of the permit.
(h)
Judicial review of Board resolution: Judicial review of a decision of the Board of Supervisors made after a hearing pursuant to this Chapter, if the decision denies the Resource Management Agency Director’s request to review the permit application, shall be made pursuant to section 1094.6 of the Code of Civil Procedure of the state of California. The method of judicial review, the time limits for judicial review, and all of the other provisions of said section 1094.6 shall govern such judicial review. When giving written notice to the applicant that the permit has been denied or revoked, the Board of Supervisors shall provide notice to the applicant that the time within which judicial review must be sought is governed by said section 1094.6.
(i)
Appeal of permits: Any interested person may appeal any decision by the Resource Management Agency Director to grant, deny or condition a permit to the Board of Supervisors in accordance with section 165 of this Ordinance Code, and upon any fee established by the Board of Supervisors.
(j)
Duration: All permits issued pursuant to this Chapter shall be non-transferable and non-assignable. A permit shall be restricted in its application to a single event at a designated time and specific location.
(Amended by Ord. No. 3552, effective 05-02-19)
Any interested person may appeal any decision by the Director to grant, deny or condition a permit to the Board of Supervisors in accordance with section 165 of this Ordinance Code and upon payment of any fee established by resolution of the Board of Supervisors.