HomeMy WebLinkAbout1994-09-13; City Council; NS-292; CMC 11.24 amends - Agua hedionda lagoon regulations revision...I_
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ORDINANCE NO. NS-292
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
FOR AGUA HEDIONDA LAGOON
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amended to real as follows:
"Chapter 11.24
SECTION I: That Chapter 11.24 of the Carlsbad Municipal Code is
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Sections:
11.24.005
11.24.010
11.24.015
11.24.020
11.24.030
11.24.035
11.24.040
11.24.045
11.24.050
11.24.055
11.24.060
11.24.065
11.24.075
11.24.080
11.24.085
11.24.095
11.24.100
11.24.105
11.24.110
11.24.115
11.24.120
11.24.125
11.24.130
11.24.135
11.24.140
AGUA HEDIONDA LAGOON
Application
Definitions
Special Use Area - Agua Hedionda Lagoon
Lagoon use permits
Maximum vessel speed limit
Operation of vessels at night
Middle lagoon
Outer lagoon
Inner lagoon
Fishing
Public access
Private launch ramp
Maximum number of vessels on the water
Maximum vessel length
Prohibited uses
Area for switnming and wading
Throwing waste or refuse in water or on public accc
or shoreline
Aquatic special events
Water skiing slalom course
Ski Boats and Skiers
Establishment of vessel transit corridors
City's liability - Use of areas at own risk
Compliance with orders
Boating regulations
Constitutionality or invalidity
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11.24.005 Application. The provisions of sections 11.24.010 through 11.24.1
apply to Agua Hedionda Lagoon.
11.24.010 Definitions. For the purposes of this chapter the definitions outlin’
in the State Harbors and Navigation Code, Vehicle Code and California Administrati
Code shall apply.
6 11.24.015 Special use area - Aeua Hedionda Lagoon. The entire Agua Hedion
Lagoon, consisting of three sections known as outer lagoon, inner lagoon and mid(
7 lagoon are declared to be a special use area and under the provisions of the Califor1
Harbors and Navigation Code Section 660. Use of the lagoon is subject to the provisic t3 of this chapter and any regulations adopted by the city council.
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11.24.020 Lagoon use permits. It is unlawful to operate any type of vessel
the water without first obtaining an annual or temporary lagoon use permit issued by t
city’s parks and recreation department or a daily lagoon use permit issued by Sn
Harbor Marina office. The vessel operator shall display the city’s annual permit dec
in the specified location at all times or possess and show upon request a valid tempon
lagoon use permit. The following requirements shall be met to obtain a lagoon L
permit:
(1) Permit application and hold harmless indemnity agreement shall be filled (
(2) The current permit fee as established by the city council by resolution m:
(3) The fee is non-refundable and non-transferable;
(4) Annual permit fee is based on the calendar year, January 1st throu
December 31st and shall be half-priced when purchased anytime between October I.!
and December 31st;
(5) Annual permit fee for boardsails and other passive vessels eight feet or le
shall be one-half the established annual fee. An additional boardsail permit decal IT
be purchased for an owner’s personal use at an annual fee as established by the c
council be resolution;
(6) One daily permit fee may be credited toward the full purchase of an ann
permit, by submitting the daily fee receipt with an annual permit application, any ti
prior to October 15;
and signed by a responsible adult;
be paid;
(7) Replacement decal fee shall be set by the city council by resolution;
(8) Repealed by Ord. NS-17;
(9) Those vessels that are required by Department of Motor Vehicles to obt
(10) Lagoon use permits are not required for dredging, research, patrolling
vessel registration shall provide a copy of valid vessel registration;
maintenance by San Diego Gas and Electric Company and their designees.
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11.24.030 Maximum vessel speed limit. It is unlawful to operate a vessel
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permit issued by the chief of police upon authorization of the city council subject to su
speeds in excess of forty-five miles per hour except pursuant to a special operatio
2 terms and conditions as the city council deems necessary.
3 11.24.035 Operation of vessels at night. Between sunset and sunrise t
4 following day, no person shall operate a vessel at speeds in excess of five miles per hol
5 11.24.040 Middle Lagoon. The middle lagoon, including the water area betwe
Interstate 5 and the railroad tracks, is for use by passive vessels. It is unlawful to operr '
11.24.045 Outer Lagoon. The outer lagoon, including the water area betwe1
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research personnel without written authorization by San Diego Gas and Elect 7
a powered vessel at any time on the middle lagoon except by safety, maintenance
and Electric Company including marine research and fishing from the west shoreline X' Electric Company and those activities specifically approved in writing by San Diego G Carlsbad Boulevard and the railroad tracks, is limited to use by San Diego Gas a: 9
11 posted areas. It is unlawful to operate any power or passive vessel in the outer lago'
without written approval by San Diego Gas and Electric Company except for the purpc
1% of making a rescue or conducting safety service operations including search and recove
Lagoon use permits cannot be issued by the city for use of the outer lagoon. 13
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15 (1) Separate areas are established for use by powerboats, personal watercrz 16 and passive vessels, with boat corridors adjacent to the shorelines for transit to and frc
17 (2) Personal watercraft shall be limited to use in Snug Harbor, between t
18 north side of the sandbar and the boat corridors along the north, east and w1
shorelines. Personal watercraft will maintain a counterclockwise pattern when in th
19 area. A person may not operate nor give permission to operate a personal watercr.
Company or their representative.
11.24.050 Inner lagoon. The inner lagoon, including all water areas east
Interstate 5 shall be subject to the following regulations all year round:
these separate areas;
20 // for the purpose of towing a person on waterskis, aquaplane or similar device.
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For the purpose of the Agua Hedionda Lagoon, the definition of a personal watercr
is a Class A vessel (under 16 feet) which:
a) Has an inboard motor which uses internal combustion engine powering a water
pump as its primary source of motive propulsion;
b) Is designed with the concept that the operator and passenger ride on the outsj
surfaces of the vessel as opposed to riding inside the vessel;
c) Has the probability that the operator and passenger may, in the normal course
use, fall overboard;
d) Is designed with no open load carrying area which would retain water; and
e) Is rated for a maximum of two persons.
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(3) Powerboats shall be limited to use in the middle area of the inner lagoo:
between the south side of the sandbar, the north shoreline boat corridors and the passi\
use area; powerboats shall maintain a counterclockwise traffic pattern when in the powc
vessel area;
(4) Passive vessels and boardsails shall be limited to use in the eastern end (
the inner lagoon, within the passive use area.
11.24.055 Fishing. Fishing from the shoreline or from a passive vessel shall t
limited to the passive use area; fishing from a power vessel shall be limited to tl
powerboat area. It is unlawful to cast fishing lines into any boat corridor or in the traff
pattern of water ski boats and skiers.
11.24.060 Public access. All public accesses are subject to the following yea
round regulations:
(1) Open for walk-in traffic only, from sunrise to sunset; it is unlawful to dri
(2) Passive vessels with a valid city permit may be launched at any pub:
(3) It is unlawful to launch a motorized vessel from any public access.
11.24.065 Private launch ramp. Snug Harbor Marina is a privately owned a1
operated launch ramp. Vessels launched from Snug Harbor shall be subject to t
following regulations and procedures all year-round:
a motorized vehicle on a public access when posted for walk-in traffic only;
access;
(1) Powerboats, personal watercraft, and passive vessels shall transit throu
Snug Harbor Marina area within the west and east boat corridors at a speed not
exceed five miles per hour.
(2) The west boat corridor is limited to traffic heading southeast to transit frc
the marina to the powerboat area.
(3) The east boat corridor is limited to traffic heading northwest returning
the marina and to Bristol Cove personal watercraft and passive vessels going to and frc
the designated use areas.
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11.24.075 Maximum number of vessels on the water. The maximum number (
passive and power vessels (excluding personal watercraft) using the water in the
designated use areas at any one time shall not exceed thirty vessels per area. Tk
maximum number of personal watercraft using the personal watercraft area at any or
time shall not exceed twelve. The maximum number of boardsails using the passive ut
area at any one time shall not exceed twenty.
11.24.080 Maximum vessel length. The maximum vessel length allowed in tl.
inner lagoon, excluding rescue, research and maintenance vessels, shall be twenty-oI
feet or less for power vessels and eighteen feet or less for passive vessels.
11.24.085 Prohibited uses. The city reserves the right to limit the type of vesse
and aquatic uses of the lagoon. The following types of vessels or uses are not allowc
on the lagoon:
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10 (1) Parasails;
(2) Hovercraft (Except for official use);
(4) Motorized surfboard-like vessels; 11
(5) No aircraft shall land on or take off from the water or public shoreline a1 12
(3) High profile cabin cruisers;
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public accesses;
accordance with section 11.24.105;
(6) No aquatic vessel racing is allowed except as authorized by city council
(7) No mooring a vessel except in an area so designated;
(8) This section is not intended to apply to San Diego Gas and Elect
Company, the state, county, city or other political subdivision of the state. The city dc
not intend to regulate maintenance, dredging, research, patrol, utility and other vessl
authorized by San Diego Gas and Electric Company for uses in the lagoon.
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11.24.095 Areas for swimming or wading. No swimming or wading from shc
shall be permitted in the lagoon except as authorized in writing by San Diego Gas a
Electric Company in the middle and outer lagoon. I
11.24.100 Throwing waste or refuse in water or on public access or shorelinc
It is unlawful to place waste or refuse of any kind in the water, on the shoreline,
public access except in designated waste or refuse containers.
11.24.105 Aquatic special events. Boat races, ski meets, boat parades, or otl
aquatic special events on the water shall be held only by the specific authorization of 1
city council. Such authorization shall be by the city council for each meet, race or spec
event authorized. The city council in approving such event may impose conditions s
establish special regulation as the council deems necessary.
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11.24.110 Water skiing slalom course. The privately owned and maintaine
slalom course, open for use by the public, may remain in Agua Hedionda Lagoon subjec
to removal when directed by the city council. The overall slalom course area, locate
parallel to the southeastern shoreline within both the powerboat area and passive ut
area is 1,850 feet long and no more than 100 feet north of the slalom course, as define
by marker buoys. The following shall apply when daylight savings time is in effect (Apl
-October): The course may be used in two directions between sunrise and 1O:OO am dail
After 1O:OO am the course will be closed and unlawful to use. Each pass made throul
the course, when closed, shall constitute a new and separate offense. Between sunri!
and 1O:OO am daily, powerboats and skiers shall comply with the following procedure
7 (1) No vessel may enter through the slalom course area when another vess
is towing a skier.
the course will sit at a safe distance at the west end of the designated slalom course are
9 A skier may take a maximum of four passes through the course. A boat completing :
passes should retrieve its skier and proceed at wakeless speed to the waiting area, sou ’(I beach or powerboat area. The next boat in line may proceed to the starting area a]
11 begin pulling their skier. For the purposes of this chapter, the definition of a pass sh;
8 (2) Only one boat at a time may use the course. Other boats wishing to u,
be one round trip through the course.
pick up the skier. Each skier is allowed two falls per pass. A failed attempt to get 1
(4) It is unlawful to pull more than one skier within the boundaries of t:
12 (3) If your skier falls during a pass, the boat must return at a safe speed
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is to be considered a fall.
designated slalom course area.
vessel or skier at any time based on safety and liability concerns.
liability concern, the decision of the city shall be binding and conclusive.
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(6) In the event of any dispute or question as to what constitutes a safety 16
(5) The city reserves the right to terminate use of the slalom course by a
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When Pacific Standard Time is in effect (November - March), all of the aforemention
1 following rules and procedures: 2*
slalom course rules shall remain in effect with the exception of the time restriction.
11.24.115 Ski boats and skiers. Ski boats and skiers shall comply with t
21 I1 (1) Ski boats shall maintain a counterclockwise pattern in the powerboat arl
22 (2) No ski boat shall enter the pattern at more than a forty-five degree ani
(3) Water skiers will start from deep water, south of the sandbar, or from 1 23 south beach shoreline; no takeoff or drop-off allowed in Snug Harbor Marina at 2
24 ll time- (4) Takeoff traffic shall standby until the way is safe and clear before starti
25 (5) All drop-offs shall be done parallel to the shoreline; the ski boat shall 1
“hook”, instead it shall remain parallel to the shoreline; once the skier drops-off, the
26 boat shall stop, draw in the towline and when safe, make a small wake1
counterclockwise turn back to the desired beach location.
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(6) The maximum number of towlines used behind any one vessel shall be tv
I. the maximum number of skiers behind any one vessel shall be two.
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of the towline. The ski boat shall then follow established procedure and safc 2 (7) When towing two skiers and one skier falls, the second skier shall let
approval by the city, in advance and when approved, such use shall comply with 1 4
(8) Towing of any object or aquatic device (excluding water skis) is subject
precautions for skier pick-up and takeoff procedures.
requirements of this section.
5 (9) No boat shall pull into the beach with ski line dragging behind.
(10) Boat and other water vehicle racing is prohibited unless approved 6
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accordance with Section 11.24.105.
11.24.120 Establishment of vessel transit corridors. When buoys are placed c
8 from the shoreline to establish vessel transit corridors, it is unlawful to travel on t
shore side of such buoys except for the purpose of transit from one area to another 9 speeds not to exceed five miles per hour. No towing of any aquatic device or persor
allowed between the buoys and the shoreline. No water ski takeoff is permitted in t lo
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boat corridor, between the buoys and the shoreline.
11.24.125 Citv’s liability--Use of areas at own risk. The city declares its purpc
12 in adopting this chapter is safe conduct among the users of the Agua Hedionda Lagoc
The city council does not expand it’s liability, if any, for accidents or injuries sustain l3 by the public user of such aquatic areas. Any person utilizing aquatic areas does so
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their own risk.
11.24.130 Compliance with orders. It is unlawful for any person to refuse
follow or comply with the boating regulations adopted pursuant to Section 11.24.135
with any lawful sign, order, warning signals or other lawful direction of the lagoon pat:
or a lifeguard except for the purpose of making a rescue, or for any person withc
lawful authority to deface, injure, knock down or remove any sign or warning placed j
the purpose of enforcing the provisions of this chapter.
19 I 11.24.135 Boating regulations. The city council may by resolution establ
boating regulations for Agua Hedionda Lagoon including, but not limited to, regulatir 2o
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for water ski takeoff and drop-off areas and access to the middle and inner lagoon wat
All users of the lagoon shall comply with these rules.
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11.24.140 Constitutionalitv or invaliditv. If any section, subjection, senten,
clause or phrase of this chapter is for any reason held to be invalid or unconstitution
such invalidity or unconstitutionality shall not affect the validity or constitutionality oft
remaining sections, and each section, subsection, sentence, clause and phrase herc
would have been prepared, proposed, adopted, approved and ratified irrespective of t
fact that any one or more sections, subsections, sentences, clauses or phrases be declar
invalid or unconstitutional.
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"WHEREAS, the boating regulations for Agua Hedionda Lagoon have be
reviewed and certain changes are recommended to benefit the City and the public; a
"WHEREAS, the Department of Boating and Waterways has the authority unc
4 state law to review all amendments to the Agua Hedionda Lagoon ordinance; and
5 "WHEREAS, the Department of Boating and Waterways conducted such a revi
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and directed the City to repeal Carlsbad Municipal Code Section 11.24.070 which stal
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that Bristol Cove is a private residential cove restricted to use by owners and tenants a
regulates it accordingly; and
9 /I "WHEREAS, the issue of whether Bristol Cove is a private residential cove if
private matter.
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11 Carlsbad, California as follows:
NOW THEREFORE BE IT RESOLVED by the City Council of the City
12 EFFECTIVE DATE: This ordinance shall be effective thirty days after
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adoption, and the City Clerk shall certify the adoption of this ordinance and cause it
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be published at least once in a newspaper of general circulation in the City of Carlsb
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within fifteen days after its adoption.
17 PASSED AND ADOPTED at a regular meeting of the City Council of the C
18 of Carlsbad on the 13th day of SEPTEMBER , 1994, by the following vo
19 to wit:
INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad C
Council on the 6th day Of SEPTEMBER , 1994, and thereafter
20 I AYES: Council Members Lewis, Stanton, Kulchin, Nygaard, Finnila
a ll NOES: None
ABSENT: None 22
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APPROVED AS TO FORM AND LEGALITY Kt3" RONALD R. BALL, City Attorney 7- /d- 9cc.
gi ATTEST:
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Ordinance No. NS-292
8/94
CMCORD.RES
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