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Home My WebLink About1972-10-03; City Council; 3093; CMC 11.24 adds - Aquatic areas & devices1 2 a c 4 fi c e ‘i E 5 ’IC 11 1: 1: 14 1: It 1‘; 32 1s 2c 21 2: 2: 2f 2: 2c 27 2E 25 3c 31 32 ORDINANCE NO 3093 AN ORDINANCE REGULATING AQUATIC AREAS AND DEVICES AMENDING ARTICLE I OF CHAPTER 11.24 OF THE CARLSBAD MUNICIPAL CODE (REPEALING ORDINANCES 3025, 3085, and PARTS OF ORDINANCES 3076, 3033, AND 3035). It is hereby ordained that: 1. Ordinance numbers 3025, 3085, Section I of 3076, Sections 4 and 5 of 3033, and Section I of 3035 are hereby repealed. Additionally, all of Section 11. 24. 005 through 11. 24. 100 of the Carlsbad Municipa.1 Code, in- clusive, are repealed. It is further ordained that the following Sections are hereby added to the Carlsbad Municipal Code: SECTION 11, 24,. 005 Definitions. For the purposes of this cha.pter the following words and phrases shall have the meanings respectively ascribed to them by this section. (1) ”i9q9aplane.” means any aquaplane, water ski, or other device used, or which may be used, for carrying persons or property while being towed behind a boat; (2) “BoaY’ means any device in or upon which persons or property may be carried over or beneath the surface of water. SECTION 11. 24: 010 Application of article. The provisions of Article I of this chapter shall apply only to aquatic areas owned in fee or leased to thl city. SECTION 11.24. 015. General requirements for operation of boats. Mooring. in mooring zones so declared and at posted landing and take-off areas. No person shall moor a boat or any other object overnight except SECTION 11.24.020 Boat Speed limits. No person shall operate a boat at speeds in excess of five miles an hour in any of the following situations: (1) Within one hundred fifty feet of the actual water edge except- in open zones as declared and posted at take-off and landing areas; (2) Within one hundred and fifty feet of any swimming float, diving platform, life line, dock, pier or landing f1oa.t. SECTION 11.24. 025 Operation of boats at night. Between the hours thirty minutes after sunset, and the hour of eight a. m. the following day, no person shall operate a boat towing any kind of aquaplane; no person shall operate a boat at speeds in excess of five miles an hour. SECTION 11. 24. 035 Skiers--Ski boats . (a) Traffic pattern. Ski boats leaving and approaching the shore shall follow a counter- clockwise pattern. No ski boat shall leave the shore entering the ski course at more than forty- five degree angle and must give right-of-way to any ski boats approaching from the left beach, the tow boat must continue in a straight pattern, stopping in the nearest uncongested area to pull in ski line. He must then make a left turn when clear, go towards the center of the ski pattern and reverse direction until he has passed the place he intends to beach, then when clear, he shall (b) Procedure for dropping skiers. When returning skiers to the - -1. SECTION 11.24.040 Enforcement of article. The city manager or his duly designated representative is designated as the enforcing agent of Article I of this chapter and amendments thereto. SECTION 11.24.075 Swimming or boating when warning signals have been placed. It is unlawful for any person to bathe, swim, row, canoe or operate a sailboat or power boat or other device on or upon water where warning signak have been placed except for the purpose of making a rescue. is unlawful for any person to refuse to follow or comply with any lawful order signal or other lawful direction of a lifeguard, or for any person without lawfu authority to deface, injure, knock down or remove any sign or warning placed for the purpose of enforcing the provisions of Article I of this chapter. SECTION 11. 24. 085 Constitutionality or Invalidity. If any section, sub- SECTION 11.24.080 Compliance with orders of lifeguards or signs. It section, clause or phrase of this Ordinance is for any reason held to be invalic or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this Ordinance; it bein hereby expressly declared that this Ordinance, and each section, subsection, sentence, clause and phrase hereof would have been prepared, proposed, adopted, approved and ratified irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. a I( 1 1, 1 1 1 1 3 1 1 2 2 2 2 2 2 7 c L . cross the ski pattern and when clear, he shall approach the beach in a zounter- clockwise manner. (c) Following too closely prohibited. wake of another boat in the process of towing skiers, aquaplaners, etc., at a jistance of less than two hundred feet. Do not overtake or follow in the (d) Slack lines prohibited. No boat shall pull into the beach with ski line dragging behind. SECTION ll. 24.040 Boat races and ski meets. Boat races and ski meets maybe held only by the specific authorization of the city council. Such authorization races or meets shall be governed by the conditions and rules and regulations set forth by the city council for each such meet or race authorized. SECTION 11,24. 045 Boats to stay outside of buoys_:Exceptions. When buoys are placed one hundred fift y feet out from the shoreline, all boats on the inside are for landing and take- - off, all other boats will stay outside of buoys. SECTION 11.24.046. When buoys are approximately 75 feet from the shore line, all boats shall be prohibited from travelling on the shore side of such buoys except for purposes of towing a skier from a stopped position. SECTION 11.24.050 Throwing waste or refuse in water. No person shall place waste or refuse of any kind in the water. SECTION 11.24.055 Aircraft. No person shall land any aircraft on or take any aircratt off any body of water governed by Article I of this chapter. SECTION 11.24. 060 Areas for swimming or wading. No swimming or wading irom snore shall be permitted in the area except in designated zones. SECTION 11.24. 065 City’s liability--Use of areas at own risk. The City declaes its purpose in adopting Article 1 of this chapter sate conduct among the users of the aquatic areas governed. expand its liability, if any, for any accidents or injuries sustained by the public user of such aquatic areas. so at his own risk. The city council does not Any person utilizing aquatic areas does 6 7 a 9 10 11 li 1: 14 1E 1E 17 If 19 2c 21 22 23 24 25 26 27 2e 2s 3c 31 si EFFECTIVE DATE: This ordinance shall take effect and be in force on the thirty-first day from and after its adoption. PUBLICATION: The City Clerk of the City of Carlsbad is hereby directed to cause this ordinance to be published once in the Carlsbad Journal, a newspaper published and of general circulation in sa.id City of Carlsbad. First read at a regular meeting of the City Council of the City of Carlsbad held on the 19 th day of September, 1972, and finally passed, approved and adopted at a regular meeting held on the 3rd day of October 1972, by the following vote: AYES: Cmn. Dunne, McComas, Lewis, Chase and Frazee. NOES: None. ABSENT: None. %Pz/m L-0 KBAVID M. DUNNE, Mayor ATTEST: Cidy perk