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Ordinance No. 3340
AN URGENCY ORDINANCE AMENDING SECTION 7-13 OF ARTICLE II
ENTITLED "SPEED LIMITS", OF THE BUTTE COUNTY CODE
The Board of Supervisors of the County of Butte ordains as follows:
Section 1 • Section 7-13 of Article II of the Butte County Code, entitled "Speed Limits" is amended to
read as follows:
"Section 7-13. Speed Limits.
Its shall be unlawful for any person to operate any boat or aquaplane in a manner or at a
rate of speed which endangers the life, limb ar property of any person, taking in account
weather conditions, light conditions, the ordinary use of waters navigated, the depth of
the water, the proximity to shore, docks, swimmers, boats and other obstacles, the
condition of the boat operated and any other factor which a reasonable and prudent man
would consider in the safe operation of such boat. Operation of a boat or aquaplane
under any of the following cond~trans shall constitute puma facie evidence that the same
is being operated in violation of this section:
(a) At a speed greater than will permit it to be fully stopped by the exercise of
reasonable care within the assured clear distance ahead.
(h} At a speed in excess of five statute miles per hour in any of the following
areas:
(1)
(2)
(3}
(4}
_ _(5)
(6)
Within any area designated as a "slow area".
Within one hundred feet of any person who is bathing or
swimming.
Within one hundred feet of any watercraft sixteen feet in
length or smaller, which might be seriously endangered by
the action caused by the wake created by the passing
vessel.
Within one hundred feet of any swimming float, diving
platform, life line or designated swimming area.
gay or ianaing rig
or made fast or
ation or discha
ed by U. S. Army ~
two hundred feet
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at to which boats are
which is used for the
ge of passengers as
ngineers.
of any authorized boat,
(7)
Section 2. Severahility
sheriffs boat or any other boat while such boat or
boats are in the act of rescue operations, dragging
for bodies or equipment; provided, such boats are
marked; attempting to overhaul or board a vessel
involved in any violation of this chapter, or any
other law or any vessel used for or in the act of
fire fighting.
Within that area of the Thermalito Afterbay
designated as a water-ski slalom course. This
restriction shall not apply to a boat being operated
by a permittee undertaking the permitted use.
Zf any provision of this Ordinance or the application thereof to any person or circumstances is for
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any reason held to be invalid by a court of competent jurisdiction, such provision shall be deemed
severable, and the invalidity thereof shall not affect the remaining provisions or other applications of the
Ordinance which can be given effect without the invalid provision or application thereof
Section 3. Urgency. Findings The Board of Supervisors hereby finds pursuant to Government Code
Section 25123 {d} that it is necessary for the immediate preservation of the public peace, health, and
safety far this ordinance to take effect immediately upon its passage. The facts constituting the urgency
are as follows:
1. Pursuant to an order of the Federal Energy Regulatory Commission (FERC) a certain part
of the Thermalito Afterbay was designated as a water ski slalom course.
2. That water ski slalom course is in constant use, especially on weekends.
3. There currently are no restrictions on the speed of watercraft that traverse that water ski
I slalom course.
4. Watercraft traveling through the water ski slalom course at speeds in excess of 5 mph expose
~ the users of that slalom course to the risk of property damage, serious injury and even death.
5. 1n order to reduce or eliminate that risk, the Board of Supervisors desires to enact a 5 mph
~ speed limit at the location to take effect immediately.
ection 4• Effective Date and Publication.. This Ordinance shall be effective immediately upon its
passage. The Clerk of the Board of Supervisors is authorized and directed, before the expiration of fifteen
(15) days after its passage, to publish this Ordinance once, with the names of the members of the Board
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of Supervisors voting for and against it, in the Chico Enterpzise , a newspaper published in the
County ofButte, State of California.
PASSED AND ADOPTED by the Board of Supervisors of the County of Butte, State of
California, on the loth day of June _ ~ 1997, by the following vote:
AYES: Supervisors Beeler, Dolan, Houx, Jasiassen~and Chair Davis
NOES: None
ABSENT: None
NOT VOTING: None
ATTEST:
JOHN S. BLACKLO
Offic rand Glerk of th oard
By
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