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HomeMy WebLinkAbout774___ _ BUTTE COUNTY ORDINANCE NOa 774 AN ORDINANCE AMENDING ORDINANCE NOo 6/+3 OF THE COUNTY 0~' BUTTE, KNOAN AS +'AN ORDINANCE TO REGUL,2ITE THE EQUIPMENT, USE AND OPERATION OF `BOATS AND "In1ATER SKIS ON THE PUBLIC '~7ATERWAY5 AITHIN THE BOUNDARIES OF THE COUNTY OF BUTTE" The Board of Supervisors of the County of Butte, State of California, do ordain as followss That Ordinance No. 643 of the County of Butte is hereby amended to read as follows: SECTION 1 APPLICABILITY This oxdinazzce shall be applicable to and govern all public watexs including lakes and rivers or portions thereof situated within the boundaries of the County of Butte over which the County of Butte has police power jurisdiction, either exclusively or concurrently with the United States or the State of California, or both, insofar as the provisions of this ordinance do not conflict with applicable statutes or regulations of the United States or the State of California, SECTION 2 DEFINITIONS The following words and phrases when used in any provision of this ordinance shall be construed to have the following meanings (a) The term °9Boat" shall mean any vessel or device, except an aquaplane or water ski, in or upon which persons or property may be transported upon, .under or over the surface of water including, but not confined to any boat, raft, barge, canoe, skiff, dinghy, xowboat, sailboat, sailing vessel, yacht, motors boat, motor vessel, float, pontoon, commercial boat, launch and ship. (b) The term. °'Motorboat°' shall mean any boat propelled in whole or in part by a motor, engines or mechanical device of any ~l- 77 kind except oars or sails, including boats temporarily equipped with detachable outboard motorso (c) The term "Aquaplane47 shall mean any device including skis used for the transportation of one or more persons ugon the surface of the water„ and which is pulled or towed by any boats vehicle or other motive power by means of a rope, chain,. cable, wire, or other connection. (d) The term "Approved" shall mean to be approved as used in the provisions of the Harbors and Navigation Code, Article 4, Section 6564 to Section 6568. SECTION 3 OPERATION REQUIREMENTS Subsection AE Approved Life Preserverso It shall be unlawful for any person to operate any boat which is not equipped with at least one life preserver, life ring, life jacket, ring buoy, or buoyant cushion, of a standard design, for each person in said boato No inflatable life preserver shall be deemed to comply with this section. Subsection B: Approved Eire Extinguishers. 'It shall be unlawful for any person to operate any motorboat which is not equipped with an approved fire extinguisher which shall at all times be kept in condition for immediate and effective use and shall be so placed as to be readily accessibleo Excepting any boat propelled by electric motors of 10 horsepower or less or any motorboat engaged in any race which has been previously arranged or announced, or while engaged in such navigation as is incidental to the tuning up of the motorboat and engines for the race. Subsection Cs Li^ ghts^ It shall be unlawful for any person to operate any boat between half an hour after sunset N2- and half an hour before sunrise or moor any boat, except in a designated mooring area or within fifty feet of shore, unless such boat is equipped with and is showing prominently the following lights; (1) A bright white light aft to show all around the horizon. (2) A combined lantern in the fore part of the motor- boat and lower than the white light aft, showing green to starboard and red to port, so fixed as to throw the light from right ahead as to two (2} points abaft the beam on their respective sides. (3) Every white light prescribed by this section shall be of such character as to be visible at a distance of at least two (2) miles. Every colored light prescribed by this section shall be of such character as to be visible at a distance of at least one (1) mile. ~.e ward "visible", when applied to lightsy shall mean visible on a dark night with clear atmosphere. Subsection Ds 5 eed. Tt shall be unlawful for any person to operate any boat or aquaplane in a manner or at a rata of speed which endangers the life, limb or property of any person taking into 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 obstaclest the condition of the boat operated and any other factor which a reasonable and prudent man would consider in the safe oper~ion 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 subsections -3- (1) At a speed greater than will permit it to be fully stopped by the exercise of reasonable care within the assured clear distance ahead. (2) At a speed in excess of five statute miles per hour in any of the following areasz (a) `Aithin any area designated as a 01slow area'. (b) 'I~ithin 100 feet of any person who is bathing or swimming. (c) Aithin 100 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. (d) T~ithin 100 feet of any swimming float„ diving platform, life line or designated swimming area. (e) Aithin 100 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 approx7ed by U, So Army Rngineers. (f) within 200 feet of any authorized boat? Sheriff's boat or any other boat while said boat or boats are in the act of rescue operations, dragging for bodies or equipment, provided such boats are marked; attempting to overhaul or boaxd a vessel involved in any violation of this ordinance, or any other law, or any vessel used for and/or in the act of fire fighting. Subsection Es Reckless Operation. It shall be unlawful for any person to operate any boat and/or water ski in a reckless or ~4R _. negligent manner so as to endanger the life, limb or property of any person. The failure to observe the traffic rules as prescribed by the U. S. Coast Guard Regulations shall constitute prima facie evidence of the violation of this subsection. This will include any person operating or using a motorboat to knowingly permit any person to ride upon any portion thereof not designed or intended for the use of passengers or for any person to ride upon any portion of a boat not designed or intended for the use of passengers. The failure to observe the following traffic rules shall constitute prima facie evidence of the violation of this subsections ' (1) Passing, Ahen teo boats are approaching each other "head on"" or nearly so, it shall be the duty of each boat to bear to the right and allow the other boat to pass to the left. (2) Crossing-- ZThen boats approach each other obliquely or at right angles the boat on the left shall yield the right of way to the boat on the right. (3) Overtaking-~4ne boat may overtake another boat on either side but must yield the right of way to the overtaken boato (4) Sailboats~~ when a sailboat and motorboat are operating so as to involve the risk of collision with each. other, the motor~- boat shall yield the right of way to the sailboat in all cases, Subsection Fs Alcohol and Narcotics. It shall be unlawful for any person to operate any boat while under the influence of- intoxicating liquor or narcotic drugs. Subsection G: Overloading. It shall be unlawful for any person to load or to operate any boat loaded with passengers or cargo in excess of its safe carrying capacity. For the purpose of this section, a violation of the following component shall constitute prima facie evidence of a violation of this subsection. The maximum safe carrying capacity, in pounds, of any rowboat or ~5- ., any boat propelled by an outboard motor, excepting racing models, shall equal the product of seven and one~half times the total length of the boat in feet, times the greatest width of the boat in feet, times the greatest depth of the boat in feet. Subsection Ht Marked Swimming Areas. Tt shall be unlawful for any person to operate any motorboat or sailboat, or to ride, pull or tow any aquaplane or water skis within any designated swimming area or within twenty (20) feet of the exterior boundaries of any designated swimming area. Subsection It Navigating Near Dam., It shall be unlawful for any person to operate any boat within 300 feet of any dam owned or operated by any public agency, or within any area designated by the regulatory agency of a body of public water, and where signs have been erected giving notice of such restriction. Subsection JS Anchoring in Passageway. It shall be unlawful for any person to anchor any boat for fishing, loading, discharging, servicing or other purpose upon any body of water in a position which obstructs a passageway ordinarily used by other boats, or any area designated as a passageway, Subsection KS Mooring to Buoyso It shall be unlawful for any person to moor or attach any boat to any buoy, beacon or marker placed in the water by any public agency, except mooring buoys or in case of an emergency, Subsection Lt Night Aquaplaning or ?dater Skiing. It shall be unlawful for any person to operate a boat, vehicle or any other motive power which is pulling or towing any aquaplane or water skier or for. any person to ride any aquaplane or water skis between half an hour after sunset and half an hour before sunriseo ~6- Subsection M: Pullin or Towin ~ a lane or dater Skier. It shall be unlawful for any person to operate any boat or other vehicle which is pulling or towing an aquaplane or water skier unless thexe is in such boat or vehicle, in addition to any person steering or otherwise operating the boat or vehicle, another competent person who is attending to and observiag the aquaplane or water skier at all times while they are being towed; or to tow or pull any water ski by means of a rope, chain, cable, wire or othex flexible connection in excess of seventy five (75) feet in length. Subsection Nt Boat Trailers. It shall be unlawful for any person after unloading his boat to leave any boat trailer in the water, to leave any boat trailer within fifty (50) feet on the waterline unattended or, when parking areas for trailers have been provided and marked, to leave any boat trailer in any place other than a designated trailer parking area, Subsection Os Operation Of Motorboats On Small hakes. It shall be unlawful to operate any motorboat on any lake containing less than 300 surface acres where signs have been erected at intervals of not over one quarter mile around said lake giving notice of such prohibition. Subsection P: Dum in Debris In dater. It shall be unlawful for any person to dump or place in any public water any garbage, trash, gasoline, oil, sawdust or any floating debris whether from a boat, the shore or any other p1acQ. Subsection Qs Shooting ~cross'Waters. It shall be unlawful for any person to shoot any firearms or gun operated by compressed gases or a spring from any boat or across or over any portion of the waters of any lake or reservoir; provided, however, that __7~_ nothing in this Subsection shall prohibit the shooting of a shotgun from a boat or across lake or reservoir waters during the lawful waterfowl hunting season for the purpose of killing waterfowl. Subsection R: Swimming in Prohibited Areas Or More Than 200 Feet From Shore. It shall be unlawful for any person to swim in any area designated as a no swimming area, or more than 200 feet from the shore, or outside the boundaries of a marked swimming area, or to swim in a location, or in such a manner as to create a hazardous, or dangerous condition. to the swimmer or any other person, object ox objects. • Subsection S; Owners? Responsibilitya It shall be unlawful for any person owning, possessing or in charge of any boat to knowingly permit such boat to be operated in violation of any of the provisions of this ordinance. Subsection Ts Sirens. It shall be unlawful for any person except a duly authorized peace officer .acting in tlae performance of his duties, after January 1, 1959 to use or sound a siren on any boat. SECTION 4 SUPERVISEA BO~,T RACES No provision of this ordinance except Section 3, Subsection F hereof prohibiting the operation of a boat while under the influence of intoxicating liquor or narcotic drugs, shall be construed to prohibit or restrict the operation of any boat actually competing in a race ar regatta over a marked racing course which is previously autharized in writing and actively supervised by the pu.•~lic agency having jurisdiction over the waters of such racing course or its duly authorized agent for such purpose,. nor to conflict with any of the rules adopted by the ,» g., __ agency or its agent supervising such race governing the type, size, construction, equipment of the boats, the navigation regulations and other rules governing the conduct of such races, SECTION 5 SUPERVISED WATER SHOWS No provisions of this ordinance shall be construed to prohibit or restrict the operation of any boat, aquaplane or water skier actually participating in. a water show which is previously authorized in writing and actively supervised by the public agency having jurisdiction over the waters on which the water show is conducted or its duly authorized agent for such purposed SECTION 6 METHOD OF ESTABLISHMENT The Board of Supervisors by resolution as to waters under its jurisdiction and the authorized representative of any other public agency as to water under its jurisdiction may designate and cause to be appropriately marked-boat launching areas, areas designed exclusiverly for swimming, areas where swimming is prohibited, areas where boats are prohibited, areas of restricted speed or slow areas and other boating and personnel control signs and devices and change same from time to tame 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, SECTION 7 VESSELS REQUIRED TO BE NUMBERED Every vessel which uses any place in Butte County as a home port or habitual place of anchorage ox mooring or storage when not in service must be registered with the Division of Small Craft Harbors of the State of California, who shall assign to it a distinguishing number and shall issue to each owner a certificate of registration which shall contain the name of the owner and -9- - , the number assigned to the vessel, and such other matters as the Aivision may prescribe. Such number, appearing on such certificate of registration, must be kept painted or attached to each bow so that the number reads from left to xight. The number shall be in block characters of good proportion, not less than three inches in height, and parallel with the waterline as near the foxward end of the bow as legibility of the entire number for surface and seiral identification permits. The number shall be located as high above the waterline as practicable, but in no case less than three inches from the bottom of the numbers to the waterline. The numbers shall be a color which will contrast with the colox of the hull so as to be distinctly visible and legible: i.e., if the hull is light, the color of the numbers shall be dark, or if the hull is dark, the color of the numbers shall be light. SECTIQN 8 (a) 'Ahenever a person is arrested fox violation of this ordinance and such person is not immediately taken before a magistrate as is more fully set forth in the Penal Code of the State of California, the arresting officer shall prepare, in duplicate, a written notice to appear in court, containing the name and address of such person, the offense charged, the time and place where and when-such person shall appear in court. (b) The time specified in the notice to appear must be at least five (5) days after such arrest. (c) The place specified in the notice to appear shall be either: 1. Before a judge of a judicial district court in the County of Butte who has jurisdiction of -10-- accessible with reference to the place where the arrest was made; or 2. Upon demand of the person arrested before a judge of a judicial district court having jurisdiction of such offense at the county seat of said Butte County in which offense is is alleged to have been committed; or before a judge in the judicial district in which the offense is alleged to have been committed. 3. Before an officer authorized by the County of Butte to receive a deposit for bail The Clerks and Deputy Clerks of the judicial distract courts are persons authorized to receive bail in accordance with a schedule of bail approved by the judges of said courts. (d) The officer shall deliver one copy of a notice to appear to the arrested person„ and the arrested person in order to secure a release must give his written promise to appear in court by signing the duplicate notice, which shall be retained by the officer, Thereupon the arresting officer shall forthwith release the person arrested from custody. (e) The officer, shall, as soon as practicable, file the duplicate notice with the magistrate specified therein. Thereupon the magistrate shall fix the amount of bail which, in his judgment in accordance with the provisions of Section 1275 of the Penal Code, will be reasonable and sufficient for the appearance of the defendant;, and shall endorse upon the bottom a statement signed by him in the form set forth in Section 815a of the Penal Code. The defendant may, prior to the date upon which he promised to »11~ appear in court, deposit with the magistrate the amount of bail thus set. Thereafter, at the time when the case is called for arraignment before the magistrate, if the defendant shall not appeax, either in person or by counsel, the magistrate may declare the bail forfeited, and may in his disereti:on, order that no further proceedings shall be had in such case. Upon the making of such order that no further proceedings be had, all sums deposited as bail shall forthwith be paid into the county treasury. No warrant shall issue on such charge for the arrest, of a person who has given such written promise to appear in court unless and until he shall have violated such promise or has failed to deposit bail to appear for arraignment, trial or judgment or to comply with the terms and provisions of the judgment as required by law. ~y person wilfully violating his written promise to appear in court is guilty of a misdemeanor, regardless of the disposition of the charge upon which he was originally arrested. "YThen a person signs a written promise to appear at the time and place specified in a written promise to appear and has not posted bail as provided herein above, the magistrate shall issue and have delivered for execution a warrant for his arrest within twenty (20) days after his failure to appear as promisedx or if such person promises to appear before an officer authorized to accept bail, other than a magistrate, and fails to do so on or before the date which he promised to appear, then within twenty (20) days after the delivery of such written promise to appear by the officer to a magistrate having jurisdiction over the offense. "Ahen such person violates his promise to appear before an officer authorized to receive bail, other than a magistrate, the ,.12M officer shall.°.immediately deliver to the magistrate having jurisdiction aver the offense charged, the written promise to appear and the complaint, if any, filed by the arresting officer. SECTION 9 VTOI,ATING PENAT.,TIES ,Any person violating any provision of this ordinance shall be guilty of a misdemeanor which is punishable by imprisonment in the County .7ai1, not to exceed six months, or by fine not exceeding five hundred ($500) dollars, or by both such fine and impriSOnment. SECTION 10 If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance, The Board of Supervisors of the County of Butte hereby declare that they would have passed this ordinance irrespective of the invalidity~of any one or more sections, subsections, sentences, clauses or phrases thexeof declared unconstitutional ar ineffective. SECTION 11. This ordinance shall take effect and be in full force and effect from and after thirty (30) days after its passage. The Clerk of the Board of Supervisors is hereby authorized and directed to cause this ordinance to be published once in the oroviJ.].e;Mercury a newspaper of general circulation, printed and published in the County of Butte, State of California prior to fifteen (15) days after its passage. The foregoing ordinance passed this 9th day of July , 1963, by the following vote: AYES:Supervisors Alldredge, Giles, McKillop, Pryde and Chairman Steinegger. NOES: -None 'ABSENT: None ~~,~ __L1~~i~.~1 ATTEST: JESSE ROGERS, CON~Y CLERK Chairman of the Board of pervisors By; ~13- County of Butte, State of California ~~