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HomeMy WebLinkAbout1980-06-17; City Council; 3118; CMC 11.24 amends - Aquatic areas & devices.' 1.1 1' 1, 1: 1d 11 1( 1' 1t 1$ 2( 21 22 22 24 25 26 27 28 ORDINANCE NO. 3118 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 11 OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF CHAPTER 11.24 TO REVISE THE REGULATIONS OF AQUATIC AREAS AND DEVICES. The City Council of the City of Carlsbad, California does ordain as follows: SECTION 1: That Title 11, Chapter 11.24, Section I of the Carlsbad Municipal Code is hereby amended to read as follows: Chapter 11.24 AQUATIC AREAS AND DEVICES Sections : I. BOATS AND AIRCRAFT 11.24.005 11.24.010 11.24.015 11.24.020 11.24.025 11.24.030 11.24.031 11.24.032 11.24.035 11.24.040 11.24.041 11.24.045 11.24.046 11.24.050 11.24.055 11.24.060 11.24.065 11.24.070 11.24.075 11.24.080 11.24.085 11.24.090 ~~ Definitions. Application. Mooring. Boat speed limits. Maximum boat speed limit. Operation of boats at night. Special Use Area - Middle Lagoon. Special Use Area - Inner Lagoon. Skiers--Ski boats. Boat races and ski meets. Excessive engine noise prohibited. Boats to stay outside of buoys--Exceptions. Boats prohibited on shore side of buoys-- Exceptions. Throwing waste or refuse in water. Aircraft. Areas for swimming or wading. City's liability--Use of areas at own risk. Enforcement of article. Swimming or boating when warning signals have been placed. Compliance with orders of lifeguards or signs. Rules of the road. Constitutionality or invalidity. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 2% I. BOATS AND AIRCRAFT 11.24.005 Definitions. For the purpose of this chap- ter the definitions outlined in the State Harbors and Navigation Code, Vehicle Code and California Administrative Code shall apply. 11.24.010 Application. The provisions of Sections 11.24.005---1 1.24.090 apply only to aquatic areas owned in fee or leased to the City. 11.24.015 Mooring. No person shall moor a boat or an3 other object overnight except in mooring zones so declared and at posted landing and take-off areas. 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 : engaged in the act of bathing; diving platform, life line, dock, pier or landing float. (1) Within one hundred feet of any person who is (2) Within two hundred feet of any swiming float, 11.24.025 Maximum Boat Speed Limit. No person shall oDerate a boat at sneeds in excess of fortv-five miles per hour ekcept pursuant to of Police upon authorization of the City Council subject to such terms and conditions as the City Council deems necessary. special operations pebnit issued b$ the Chief 11.24.030 Operation of Boats at Night. Between sunset, and 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. 11.24.031 Special Use Area - Middle Lagoon. The Middle LagooTate 5 and the railroad tracks. is declared to be a snecial area. No person shall operate a power boat or jet skis or similar device at any time on the Middle Lagoon. 11.24.032 Special Use Area - Inner Lagoon. The Inner Lagoon, including all water areas east of Interstate 5 is declared to be a special use area which shall be subject to the following regulations: (1) No person shall operate a jet ski or similar devia on weekends or holidays between May 24th and October 1st. Jet ski: and similar devices at a11 other times shall be limited to an area to be designated by the City Council for exclusive use by jet skis (2) Power boats shall have exclusive use of the Inner Lagoon weekends and holidays from May 24th to October 1st between the hours of nine a.m. and three p.m. (3) No person shall operate a non-power boat, includiq but not limited to sail boats, row boats, or canoes on the Inner Lagoon during any period of exclusive power boat use. (4) The maximum number of boats allowed on the Inner Lagoon at any one time shall be eighty (88). -2- 3 2 5 4 C c r E r 1( 13 1: 12 14 1: 1E 17 1E 1s 2c 21 22 23 24 25 26 27 28 (5) No person shall operate a wind surfer, surf sail, (6) No person shall operate a power boat, sail boat The following requirements must be parachute or similar device an any time on the Inner Lagoon. or jet ski on the Inner Lagoon without a City permit and boat decal issued by the Parks and Recreation Department or their designated representatives. met to obtain a permit: A. The power boat, sail boat or jet ski must have a State approved currently valid registration. B. The power boat, sail boat or jet ski owner musi provide the City with proof that at least a $300,000 liability insurance policy exists on the boat, naming the City as an additionally insured which cannot be cancelled without notice to the City. The power boat must be properly muffled in accordance with the Harbors. and Navigation Code. C. D. A permit fee must be paid. Car 1 sb ad Re s ident Non - Re s i den t Annual PemitJi $20 $30 Weekly Permit 10 15 ;"Annual permits are effective from January 1st Daily Permit 5 7 to December 31st each year. (7) The City Council may approve a special operations permit to temporarily vary the requirements of this section, subject to such terms and conditions as the City Council deems necessary. Ski boats leaving and approaching the shore shall follow a counter-clockwise pattern and continue in a counter-clockwise pattern. at more than a forty-five degree angle and must give right-of-way to any ski boats approaching from the left. (b) Procedure for dropping skiers. When returning skiers to the beach, the tow boat must continue in a straight pattern, stopping in the nearest uncongested area to pull in the 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 cross the ski pattern and when clear, he shall approach the beach in a counter-clockwise manner. overtake or follow in the wake of another boat in the process of towing skiers, aquaplaners, etc., at a distance of less than two hundred feet. (d) Slack lines prohibited. No boat shall pull into the beach with ski line dragging behind. (e) Boat and water vehicle racing is prohibited. 11-24.035 Skiers--Ski Boats. (a) Traffic pattern. No ski boat shall leave the shore entering the ski cours (c) Following too closely is prohibited. Do not 11.24.040 Boat Races and Ski Meets. Boat races and ski meets may be held only by the specific authorization of the -3- 8' 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 City Council. Such authorization races or meets shall be by the City Council for each meet or race authorized. 11.24.041 Excessive Engine Noise Prohibited. No person shall operate a boat unless it is properly muffled at all times and shall not exceed the sound levels established by the State of California. Muffling systems shall be in operation at all times and excessive engine acceleration while the boat is not in gear is prohibited. When buoys are placed out from the shoreline all boats shall stay outside of these buoys, except for landing and take-off. 11.24.046 Boats Prohibited on>Shore Side of Buoys - Exceptions. When buoys are approximately seventy-five feet zrom the share line, all boats shall be prohibited from traveling on the shore side of such buoys except for purposes of towing a skier from a stopped position. person shallplace waste or refuse of any kind in the water. 11.24.045 Boats to Stay Outside of Buoys - Exceptions 11.24.050 Throwing Waste or Refuse in Water. No 11.24.055 Aircraft. No person shall land any aircrafi on or take any aircraft off any body of water. 11.24.060 Areas for Swimming or Wading. No Swimming or wading from shore shall b e permitted in the area except in designated zones. 11.24.065 City's liability--Use of Areas at Own Risk. The City declares its purpose in adopting Sections 11.24.005-- 11.24.090 is the safe conduct among the users of the aquatic areas governed. The City Council does not expand its liability, if any, for any accidents or injuries sustained by the public user of such aquatic areas. does so at his own risk. Any person utilizing aquatic areas 11.24.070 Enforcement of Article. The City Manager or his duly designated representative is designated as the enforcing agent of Section 11.24.005-11.24.090 and amendments thereto. 11.24.075 Swimming or Boating When Warning Signals Have Been Placed. It is unlawful for any Derson to bathe, swim, row, canoe or operate a sail boat, powerd bbat , jet ski or -other- device on or upon water wherewarning signs have been placed except for the purpose of making a rescue. 11.24.080 It is unlawful for any person to refuse to follow or com- p y with any lawful order, signal or other lawful direction of a lifeguard, or for any person without lawful authority to deface, injure, knock down or remove any sign, or warning placed for the Compliance With Orders of Lifeguards or -4- 1 2 4 e 7 € s IC 11 If 12 14 15 16 17 18 19 20 21 22 23 24 25 26 - 27 28 purpose of enforcing the provisions of Sections 11.24.005 --11.24.090. 11.24.085 Rules of the Road. The City Council may by resolution establish rules of the road for the Inner Lagoon Special Use Area including but not limited to regulations for water ski takeoff and dropoff areas, traffic patterns, access to exclusive jet ski areas and access to Middle Lagoon. such rules shall be an infraction. Violation of 11.24.090 Constitutionality or Invalidity. If any section, subsection, sentence, clause or phrase of Sections 11.24.005--11.24.090 is for any reason held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portion of Sections 11.24.005--11.24.090; it being hereby expressly declared that Sections 11.24.005--11.24.090, 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. days after its adoption, and the City Clerk shall certify to the adoption of this Ordinance and cause it to be published at least once in the Carlsbad Journal within fifteen days after its adoption 1980, Carlsbad City Council, held on the 3rd day of June , and thereafter PASSED, APPROVED AND ADOPTED at a Regular Meeting of said City Council, held on the 17th day of June , 1980, by the following vote, to wit: EFFECTIVE DATE: This ordinance shall be effective thirty INTRODUCED AND FIRST READ at a Regular Meeting of the AYES : Council Members Packard, Lewis and Anear NOES : None ABSENT : Council Members Kul RONALD C. PACKARD, Mayor erk -5-