HomeMy WebLinkAbout39411
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Ordinance No. 3941
ORDINANCE PROHIBITING CONSUMPTION OF ALCOHOT., FIND FOSSESSION OF OPENED ALCOHOL
CON'1'AINEF.S IN SPECIFIED ARF;AS IN AND ALONG BL'`i'TE CREEK AND WI`1'HIN SPECIFIED
AREAS OF THE HONEY RUN ROAD AND CENTERVILLE ROAD RIGHTS-OF-WAY
The Board of Supervisors of the County of Butte ordains as follows:
Section 1. Legislative Findings and Intent: The Board of Supervisors fi
that:
1. Butte Creek is a navigable waterway, used often by the publi
between the low and high water marks, for boating, fishing and water-relate
recreation.
2. Kecently, alcohol consumption has contributed to significant
problems along Butte Creek.
3. Residents wf~o live along Butte Creek between the PG&E hydr_oel.ectric
facility above Centerville Dam and the southern boundary of the County have
complained that inordinate numbers of drunken, rowdy individuals, often those
who rice fire innertubes down B~~itte Creek are trespassing, disturbing the
peace, littering and verbally and physically threatening residents who object
to such behavior.
4. Assault and battery, public urination, public nudity, littering,
drunk driving and other crimes typical of an alcohol-driven party atmosphere
have the potential to harm people, property and the environment, anc
interfere with the comfortable enjoyment of life and property, while
unlawfully obstructing the free passage or use in the customary manner of
navigable waterways, such as Butte Creek.
', 5. The Board has the authority, pursuant to the police power delegatec
lit by the California Constitution and the Legislature, to facilitate law
(behavior within the unincorporated areas of the County and prevent such.
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impacts, with the intent of preserving precious resources such as Butte ~reck
for the public.
6. The Board intends through the adoption of this ordinance tc
Creek ~.r. `hc= c c-.cx ra h,
di_:~courage cor~surnpt ion of alccY~ol i~ and a'_o:-ig Pli~.. c _ ~ ' ~ p
area between the PG&E hydroelectric facility above Centerville Dam and the
southern boundary of the County, in those areas of the creek bed customaril}
used by the public, as well as within the areas specified below, within the
rights of way of the County roads adjacent to Butte Creek, in order tc
prevent the commission of criminal offenses and the resulting impacts set
forth above.
Section 2. Article I, Section 7-1, of Chapter 7 is amended to read a:
follows:
7-1 Definitions.
For the purposes of this chapter the following words and phrases
shall have the meanings respectively ascribed to them by this
section:
"Aquaplane" shall mean any device including skis used for the
transportation of one or more persons upon the surface of the
water and which is pulled or towed by any boat, vehicle or other
motive power by means of a rope, chain, cable, wire or other
connection.
"Boat" shall mean any vessel or watercraft, including, but not
confined to any boat, raft, barge, canoe, skiff, dinghy, rowboat,
sailboat, sailing vessel, yacht, motorboat, motor vessel,
commercial boat, launch and ship.
"Motorboat" shall mean any boat propelled in whole or in part by
a motor, engine or mechanical device of any kind except oars or
sails, including boats temporarily equipped with detachable
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outboard motors.
anc ~< session n
Section 3 . =art ~.c1e IF7, en' i t 1~=d ~'or.sumpt i cn of a] cc;}.o1
open alcohol containers along Butte Creek", commencing with Section 7-9.1,
added tc Chapter i, entitled "?,oats and P~~b1ic Waters", of the. Yritt:e Co~~nt}
Code. Article IA is added to the Butte County Code to read as follows:
"Article IA. Consumption of alcohol and possession of open
alcohol containers along Butte Creek.
7-9.1. Definitions.
For the purposes of this article, the following words and phrases
shall have the meanings respectively ascribed to them:
"Bather" or "Bathing" shall mean a person who is floating,
swimming, wading, or bodysurfing, with or without the use of a
flotation device, including, but not limited to a surfboard,
paddle board, surfmat, innertube, life preserver, ar air
mattress, except a flotation device which is designed to be
propelled by sail, mechanical means, power, oars, or paddle.
"High water mark" shall mean the highest point where the water's
flows have prevented the growth of vegetation.
"Right-of-way" shall mean the entire publicly maintained width of
a roadway, including the paved surface, any unpaved surface and
any areas outside of the paved surface where vegetation has been
trimmed for the purpose of maintaining adequate sight distance
and clearances, in order to provide for public safety.
7-9.2. Consumption of alcohol, possession of open containers
prohibited along Butte Creek.
(a) In the geographic area along Butte Creek and between the PG&E
hydroelectric facility above Centerville Dam and the southern
boundary of Butte County, it shall be unlawful for any person to
consume any alcoholic beverage or possess any opened alcoholic
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beverage container within dry areas of the bed and banks of Butte
Creek, between the low and high water_ marks (including gravel.
bars} or while wading or bathing in the waters of Butte Creek.
{b) It shall be unlawful for any person to consume any alcoholic
beverage or possess any opened alcoholic beverage container,
within the right-of-way area of Honey Run Road, from a point 1.51
miles distant from the intersection of Honey Run Road and The
Skyway, easterly to a point 4.54 miles distant from the
intersection of Honey Run Road and The Skyway, said point being
approximately one-tenth of a mile northeast of the driveway to
Butte County fire station #26.
{c) It shall be unlawful for any persan to consume any alcoholic
beverage or possess any opened alcoholic beverage container,
within the right-of-way area of Centerville Road, from its
intersection with Honey Run Road northeasterly 5.41 miles to its
intersection with Helltown Road.
Section 4. Severability. If any provision of this Ordinance ar t}:~
applicaticn thereof to any person cr r_re~,imstances ;:_s for any reason held t.
be inva~id by a court of ccmpetent jurisdiction, such prevision srai~ b
~-^ ~•~~Terab~e, ar.d the ,nval :d_ty '~horeof shay r.ot affect ~hc rr_'"aini.^
provisions cr other app ications of the Ordinance which can be given effer.
without the invalid provision or application thereof.
Section 5. Effective Date and Publication. This Ordinance shall take effec
thirty (30) days after the date of its passage. The Clerk of the Board o
Supervisors is authorized and directed to publish this ordinance before th
expiration. of fifteen {15) days after its passage. This Ordinance shall b
published once, with the names of the members of the Board of Supervisor
voting for and against it, in the Chico Enterprise Record, a newspaper o
general circulation published in the County of Butte, State of California.
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PASSED AND ADOPTED by the Board of Supervisors of the County of Butte,
State of. California, on the 24th day of October 2006 by the following vote:
YES: Supervisors Connelly, Dolan, Haux, Yamaguchi and Chair Josiassen
NOES: None
ABSENT: None
NOT VOTING: None ;~~
CURT J SIASSEN, Chair
Butte ~ounty Board of Supervisors
ATTEST:
PAUL MCINTOSH, Chief Administrative Officer
and Clerk of the Board of Supervisors
~'beputy %
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