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HomeMy WebLinkAbout33411 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21' 22 23 24 Ordinance No. 33GI 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: "8actioa 7-13. Speed Latmits. 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 or 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 conditions shall constitute prima 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. (b} At a speed in excess of five statute miles per hour in any of the following areas: (1) Within any area designated as a "slaw area" . (2) Within one hundred feet of any person who is bathing or swimming. (3) 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. {4) Within one hundred feet of any swimming float, diving platform, life line or designated swimming area. 1 2 3 4 5 6 7 8 9 10 11 i2 13 14 15 16 17 18 19 20 21 22 23 24 25 1 26 27 28 {5} Within one hundred feet of any legal dock, wharf, dam, way or landing float to which boats are landed or made fast or which is used for the embarkation or discharge of passengers as approved by U.S. Army Engineers. (C} Within two hundred feet of any authorized boat, sheriff's 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; attempted 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 a~~~ of the Thermalito After~~y ~signated as a _ water-ski__s_lalam___course_. _ This restriction shall not ably to a boat being operated by a permittee uns~~r~~ ing the permitted use. If any provision of this Ordinance or the application thereof to any person or circumstances is far 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. This Ordinance shall take effect thirty (30} days after the date of its passage. The Clerk of the Board of Supervisors is authorized and directed to publish this ,ordinance..,.,..., before,.,...,the expiration of fifteen (15} days after ,.,,its.,.. passage. This Ordinance shall be published once, with the names of the members of the Board of supervisors voting for and against it, in the Clzico Entezprise , a newspaper of general circulation published in 1 2 3 4 5'' . ~ 7 8 9 10 1 ~. 12 13 14 15 16 17 18 19 20 21' 22 23 24 ......................: 25 2b 27 28 the County of Butte, State of California. PASSED AND ADOPTED by the Board of Supervisors of the County of Butte, State of California, on the 24th day of ,rune , X997, by the following vote: AYES: Supervisors Beeler, Dolan, Houx, ~osiassen and Chair Davis NOES : None ABSENT: None NOT VOTING: None RED DAVIS, Char of the Butte County Board of Supervisors ATTEST: JOHN S. BLACKLOCK Off'cer and Cl k of the Board By GLc g:\docs\ordinance\boat.ord