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 waters in County Park and Recreation Areas.
(a)
It shall be unlawful for any person to operate any boat on any lake in a County Park or Recreation Area in excess of five (5) statute miles per hour in any of the following areas:
(1)
Within any area designated by a sign or buoy as a "slow area."
(2)
Within one hundred (100) feet of any person who is swimming or is in the water.
(3)
Within one hundred (100) feet of the shore at any place except while in the act of launching or landing an aquaplane or water skier in an area designated for that purpose.
(4)
Within one hundred (100) feet of any sailboat, any other boat not under power, or any boat powered by an electric trolling motor.
(5)
Within one hundred (100) feet of any person riding water skis or an aquaplane.
(6)
Within two hundred (200) feet of any swimming float, diving platform, life line or designated swimming area.
(7)
Within two hundred (200) feet of any dock, wharf, or landing float on or to which boats are landed or made fast or which is used for the embarkation or discharge of passengers.
(b)
It shall be unlawful to operate a boat at a speed in excess of five (5) statute miles per hour on any lake in a County Park or Recreation area during the hours between sunset of any day and sunrise the next morning
(c)
It shall be unlawful to cause a motorboat to cross the wake of another boat within one hundred feet of the other boat.
(d)
Travel shall be in a counter-clockwise direction only. It shall be unlawful to operate a boat at any time on any portion of any lake within a County Park or Recreation Area in a clockwise direction of travel in relation to the center of the lake or any island or obstruction encircled by the lake.
(Amended by Ord. No. 3552, effective 05-02-19)
(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 Article. 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 Article.
(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 Article 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 Article 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 Article, 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 Article, 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 Article, 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 Article 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)
It shall be unlawful for any person to use any boat as a place of habitation or residence within any County Park, Recreation Area, lake, river or Public Waters.
(Amended by Ord. No. 3552, effective 05-02-19)
It shall be unlawful to place any floating or stationary mooring facilities to, or interfering with, a buoy, channel marker or other navigational aid within a County Park, Recreation Area, lake, river or Public Waters.
(Amended by Ord. No. 3552, effective 05-02-19)
It shall be unlawful within any County Park, Recreation Area, lake, river or Public Waters to swim, dive, snorkel or scuba dive:
(a)
Within one hundred (100) feet of any boat launching sites.
(b)
Within one hundred (100) feet of any bridge.
(c)
Within one hundred (100) feet of any marina.
(d)
Beyond one hundred (100) feet of shore, unless escorted by a boat.
(e)
Within any area marked or posted as a no swimming area by order of the Tulare County Sheriff.
(Amended by Ord. No. 3552, effective 05-02-19)
It shall be unlawful, within any County Park or Recreation Area, to:
(a)
It shall be unlawful for any person to place, dump, or deposit in any County Park or Recreation Area any waste, sewage, garbage, trash, gasoline, oil, sawdust, debris or other foreign matter.
(b)
It shall be unlawful to abandon personal property of any kind or to leave personal property unattended for more than twenty-four (24) hours within any County Park or Recreation Area.
It shall be unlawful to bring, carry, store or possess any gasoline or other liquid fuels except that which is contained in storage tanks of vehicles, boats, camping equipment, or in hand portable containers.
The Tulare County Sheriff, the Public Works Director, the District Engineer, and the General Services Director may close or restrict the use of any County Park or Recreation area or any Public Waters within the County, or of any part or portion thereof, when necessary to protect public health or safety; to perform or provide for maintenance, repair or replacement; or for other reasons in the public interest. The authority to close or restrict the use of the Kings River is governed by Ordinance Code § 2-03-1135. Entering or using any County Park, Recreation Area, lake, river or Public Waters, or any part or portion thereof, in a manner that is contrary to a posted or signed closure restriction is unlawful.
(Amended by Ord. No. 3552, effective 05-02-19)
It shall be unlawful to create or maintain any loud, excessive or annoying noise between the hours of 10:00 p.m. and 6:00 a.m. within any County Park, Recreation Area, lake, river or Public Waters.
(Amended by Ord. No. 3552, effective 05-02-19)
It shall be unlawful to operate or maintain in operation any amplifier, radio, siren, recording, audio or other noise producing or amplifying device within any County Park, Recreation Area, lake, river or Public Waters without a permit issued for such activities as set forth in § 2-05-1070.
(Amended by Ord. No. 3552, effective 05-02-19)
It shall be unlawful to solicit business or engage in any sale, trade or business within any County Park, Recreation Area, lake, river or Public Waters without a permit issued for such activities as set forth in § 2-05-1070.
(Amended by Ord. No. 3552, effective 05-02-19)
It shall be unlawful to fail to comply with all of the terms or conditions of any permit issued under the provisions of this Chapter.
It shall be unlawful for any person to operate any boat, or to ride, pull or tow any aquaplane or water skis within any designated swimming area or within fifty (50) feet of the exterior boundaries of any designated swimming area.
It shall be unlawful for any person to repair or paint any boat in a County Park, Recreation Area, lake, river or Public Waters except in an area designated for that purpose.
(Amended by Ord. No. 3552, effective 05-02-19)
It shall be unlawful for any person to dump, place, discharge, or deposit in any County Park, Recreation Area, lake, river or Public Waters, any sewage, garbage, human waste, metal cans, trash, gasoline, oil, sawdust, pollutants, debris or other foreign matter, whether from a boat, the shore, or any other place.
(Amended by Ord. No. 3552, effective 05-02-19)
It shall be unlawful for any person owning, possessing or in charge of any boat to leave such boat unattended on the water in a County Park, Recreation Area, lake, river or Public Waters for a period of more than twenty-four (24) consecutive hours, with the exception of boats owned or operated by any concessionaire authorized to operate boats on such waters and with the exception of boats berthed or stored with a concessionaire authorized to berth or store boats on such waters.
(Amended by Ord. No. 3552, effective 05-02-19)
(a)
It shall be unlawful to sponsor, hold, conduct, participate in, or to cause, aid, advise or encourage the conduct of any races, boat races, speed contests, exhibitions of speed, time trials, record runs or trial runs in preparation of any such event within any County Park, Recreation Area, lake, river or Public Waters unless a permit is issued for such activities as set forth in § 2-05-1070. The fore-going events are unlawful, without permit, regardless of whether or not entry fees are charged or prizes are awarded.
(b)
It shall be unlawful to sponsor, hold, conduct, participate in, or to cause, aid, advise or encourage, or to operate any equipment or facilities in any parasailing or hang gliding activity or in any activity in which three or more water skiers or aquaplaners are towed behind any boat unless a permit is issued for such activities as set forth in § 2-05-1070.
(c)
It shall be unlawful to sponsor, hold, conduct, participate in, or to cause, aid, advise or encourage the conduct of any water carnivals, boat regattas, music festivals, dramatic presentations, water shows, group sporting events or group outings within any County Park or Recreation Area or upon any Public Waters unless a permit is issued for such activities as set forth in § 2-05-1070.
(Amended by Ord. No. 3552, effective 05-02-19)
The Board of Supervisors, by resolution, may designate and cause to be appropriately marked boat launching areas, areas designated exclusively for swimming, areas where swimming is prohibited, areas where diving into the water is prohibited, areas where boats are prohibited, passageways for boats, areas of restricted speed or "slow" areas and other areas in which engaging in specified activities shall be prohibited or permitted, and may change the same from time to time as the public safety and welfare may require, and when so marked it shall be unlawful for any person to fail to comply with such designations.
It shall be unlawful to secure any floating or stationary mooring facilities to, or interfering with, a buoy, channel marker, designated area marker or other navigational aid upon any lake, river or Public Waters. It shall be unlawful to move, remove or interfere with any buoy, channel marker, designated area marker or other navigational aid placed upon any Public Waters under section 2-05-1155.
(Amended by Ord. No. 3552, effective 05-02-19)
(b)
The Tulare County Sheriff’s Office, Boating Safety and Enforcement Unit, also utilizes the California Boating Law, established by California State Parks, Division of Boating Waterways. These are the laws and regulations concerning recreational boating, including access, safety and education, marine law enforcement, and consumer and environmental protection. The California Boating Law book includes excerpts from the Harbors and Navigation, Business and Professions, Corporations, Education, Fish and Game, Government, Health and Safety, Public Resources Vehicle and Water Codes, the California Code of Regulations, and the Federal Inland Navigation Rules as they relate to recreational boating. The laws and regulations in the California Boating book also apply to the use of public waters in Tulare County. The Sheriff’s Office enforces these laws and regulations in addition to the County Boating Ordinances. The general public is expected to have knowledge of these laws and regulations and to comply with them.
(Amended by Ord. No. 3552, effective 05-02-19)