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HomeMy WebLinkAbout1999-11-09; City Council; NS-509; CMC 11.24 amends - Agua hedionda lagoon use.... ’,‘ 0 e 1 2 3 4 5 6 7 a 9 10 11 0 am m> mu? &Ea an8 Ow8 $OQ< >?,i Iykq gyro Errs6 >2s Lo jU, 4 “nu I qi m <>ma a0-J - 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 ORDINANCE NO. NS-509 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AMENDING VARIOUS SECTIONS OF CHAPTER 11.24 OF THE CARLSBAD MUNICIPAL CODE REGARDING USE OF THE AGUA HEDIONDA LAGOON The City Council of the City of Carlsbad, California does ordain SECTION I: That section I1 24.005 of the Carlsbad Municipal Code is amended to read as follows: “1 1.24.005 Purpose and Intent . The purpose and intent of this chapter is to. establish and special use area in the inner lagoon area of the Agua Hedionda Lagoon criminal sanctions. It establishes speed zones, time restrictions, and other to protect and ensure the safe and enjoyable use of the inner lagoon. Thesc regulations will be enforced by the Carlsbad Police Department’s Police 0 Community Service Officers.” SECTION 2: That section 11.24.010 of the Carlsbad MuniciF amended to read as follows: “1 1.24.01 0 Definitions. For the purposes of this chapter the definitions set forth in Harbors and Navigation Code, Vehicle Code and California Administrativc amended to date, and as follows, shall apply: (a) “Person.al Watercraft Area” is that portion north of the buoys at the northwest end of the Inner Lagoon. (b) “Powerboat Area” is the middle area of the inner lagoo the personal watercraft and passive use area; (c ) “Passive Use Area” is the eastern end of the inner lagc the red marker buoys. (d) “Slalom Course Area” is that portion of the Inner Lagoc parallel to the southeastern shoreline within both the powerboat and passive one thousand eight hundred fifty feet long and no more than one hundred fift of the slalom course and one hundred fifty feet west of the passive use area, by marker buoys. SECTION 3: That section 11.24.015 of the Carlsbad Municil amended to read as follows: 28 ~ \,’ e e 1 2 3 4 5 6 7 8 9 10 11 &g :;Q “nB 40s 6046 K-> $zc& oug 3lLU yiz zwm(J Crr%d 0Z-l a02 00 E:$ p5 - 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 “1 1.24.01 5 Special use area-Aqua Hedionda Laaoon. Of the entire Agua Hedionda Lagoon, consisting of three secti as outer lagoon, inner lagoon and middle lagoon, only the inner lagoon is 1 be a “special use area” defined in California Harbors and Navigation Code : authorized for local rules by §600(a) as authorized by California Harbors and Code Section 660. Use of the inner lagoon is subject to the provisions of t and any regulations adopted by resolution of the city SECTION 4: That section 11.24.020 of the Carlsbad Municir amended to read as follows: “1 1.24.020 Laqoon use permits. It is unlawful to operate any type of vessel on the inner lagoon \ obtaining a city annual or temporary lagoon use permit issued by the city r designee, or a daily lagoon use permit issued by Snug Harbor Marina office. operator shall display the city’s annual permit decal in the specified location or possess and show upon request a valid city temporary or daily lagoon I The following requirements shall be met to obtain a lagoon use permit: (1) Permit application and hold harmless indemnity agreeme filled out and signed by a responsible adult; (2) The current permit fee as established by the city council b! must be paid; (3) The fee is nonrefundable and nontransferable; (4) Those vessels that are required by California Departmer Vehicles to obtain vessel registration shall provide a copy of valid vessel regi: (5) Lagoon use permits are not required for dredging, researcb or maintenance by the lagoon owner andlor its representative.” SECTION 5: That section 11.24.030 of the Carlsbad Municip amended to read as follows: “1 1.24.030 Maximum vessel speed limit. It is unlawful to operate a vessel at speeds in excess of forty-fiv hour except pursuant to a special events permit issued pursuant to Chapter E SECTION 6: That section 1 I .24.040 of the Carlsbad Municir repealed. SECTION 7: That section 11.24.045 of the Carlsbad Municip repealed. 2 1, ,/ 1 2 3 4 5 6 7 a 9 10 11 12 2% 1- ~I$F ’ 13 a=8 a00 ,Ow% UcSE no09 15 ZWOO JUU 20.35 14 >JZ a,s?, 00s FOV, 02” - 16 “K%Q UOJ gyz l7 0 18 19 20 21 22 23 24 25 26 27 28 0 0 SECTION 8: That section 11.24.050 of the Carlsbad Municip amended to read as follows: iil 1.24.050 Inner laqoon - special use area. The inner lagoon, including all water areas east of Interstate subject to the following regulations all year round: powerboats and passive (non-motorized) vessels, with transit corridors adja shorelines for transit to and from these separate areas. (2) Personal watercraft are limited to and shall IY counterclockwise pattern when in the personal watercraft area. A persol operate nor give permission to operate a personal watercraft for the purpost a person on water skis, aquaplane or similar device. (3) Powerboats are limited to and shall maintain a counterclock pattern when in the powerboat area. (4) Passive vessels are limited to the passive use area, and SI north of the slalom course area when it is in use pursuant to section 11.24.1 1 SECTION 9: That section 11.24.055 of the Carlsbad MuniciF (1) Separate areas are established for use by personal amended to read as follows: “1 1.24.055 Fishinq. Fishing from the shoreline or from a passive vessel shall be limi. passive use area; fishing from a powerboat shall be limited to the powerboa unlawful to cast fishing lines into any transit corridor or in the traffic pattl vessel.” SECTION IO: That section 11.24.060 of the Carlsbad MuniciF amended to read as follows: “1 1.24.060 Public access. All public accesses are subject to the following year-round regu (1) Open for walk-in traffic only, from sunrise to sunset; it is drive a motorized vehicle on a public access when posted for walk-in traffic o (2) Passive vessels with a valid city permit may be launched at access; (3) It is unlawful to launch any personal watercraft or powerbo: public access.” SECTION 11: That section 11.24.065 of the Carlsbad MuniciF I ~ repealed. 3 I I I .. 0 0 1 2 3 4 5 6 7 8 9 io 11 om &ZW an8 oug $044 ZdZ S&fjj+ OZJO ““90 p!4 3ug a> iU, g.2; EZ? A 84- aoJ GO 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION 12: That section 11 24.075 of the Carlsbad MuniciF amended to read as follows: “1 1.24.075 Maximum number of vessels on the water. The maximum number of passive and power vessels (excluding watercraft) using the water in their designated use areas at any one timc exceed forty vessels in the passive use area nor thirty vessels in the powel The maximum number of personal watercraft using the personal watercraft 2 one time shall not exceed fifteen. The maximum number of boardsails using t use area at any one time shall not exceed twenty.” SECTION 13: That section 11.24.080 of the Carlsbad Municir amended to read as follows: “1 1.24.080 Maximum vessel lenqth. The maximum vessel length allowed in the inner lagoon, rescue, research and maintenance vessels, shall be twenty-one feet ( powerboats, eighteen feet or less for passive vessels and twelve feet ( personal watercraft. Notwithstanding the foregoing, powerboats used for ski twenty-three feet if the manufacturer’s certified slalom wake rise rating is lesr inches.” SECTION 14: That section 11 24.085 of the Carlsbad Municir amended to read as follows “1 1.24.085 Prohibited uses. The city reserves the right to limit the type of vessels and aqu: the lagoon. The following type of vessels or uses are not allowed on the inne (I) Parasails; (2) Hovercraft (except for official use); (3) High profile cabin cruisers; (4) Motorized surfboard-like vessels; (5) No aircraft shall land on takeoff from the water or public shc public accesses; (6) No aquatic vessel races, ski meets, vessel parades or otl special events on the water are allowed except as authorized by a spe permit obtained pursuant to Chapter 8.17; (7) No permanent mooring a vessel; (8) No swimming or wading, except in conjunction with othe activities under this Chapter; (9) This section is not intended to apply to the lagoon owne representative, the state, county, city or other political subdivision of the sta 4 ,I .> 0 0 1 2 3 4 5 6 7 8 9 10 11 D &$ &E& an8 yF$Y SO35 .c=!= -1 0002 I a- $$;3 E22 ;q a->a oz”1 ancn GO 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 does not intend to regulate maintenance, dredging, research, patrol, utility vessels authorized by lagoon owner and/or its representative for its uses in tt SECTION 15: That section 11.24.095 of the Carlsbad Municir repealed. SECTION 16: That section 11.24.105 of the Carlsbad Municir repealed. SECTION 17: That section 11.24.1 10 of the Carlsbad Municir amended to read as follows: “1 1.24.1 10 Water-ski slalom course. The following shall apply when daylight savings time is in E through October): The slalom course area may be used in two direction sunrise and ten a.m. daily. After ten a.m. the slalom course area will be 1 unlawful to use. Each pass made through the slalom course area, when cl constitute a new and separate offense. Between sunrise and ten a.m. daily, 1 and skiers shall comply with the following procedures: (1) No vessel may enter through the slalom course area wh powerboat is towing a skier. (2) Only one boat at a time may use the course. Other boats use the course will sit at a safe distance not less than 50 feet at the west designated slalom course area. A skier may take a maximum of four pass the course. A boat completing its passes should retrieve its skier and 1 speeds less than 5 mph to the waiting area, south beach or powerboat are; boat in line may proceed to the starting area and begin pulling their skic purposes of this chapter, the definition of a pass shall be one round trip t course. to pick up the skier. Each skier is allowed two falls per pass. A failed attemr is to be considered a fall. (4) It is unlawful to pull more than one skier within the boundari designated slalom course area. (5) The city reserves the right to terminate use of the slalom any vessel or skier at any time based on safety and liability concerns. (6) In the event of any dispute or question as to what constitutc or liability concern, the decision of the city shall be binding and conclusive. When pacific standard time is in effect (November through Mi the aforementioned slalom course rules shall remain in effect with the excel time restriction.” (3) If your skier falls during a pass, the boat must return at a 5 .. 0 a 1 2 3 amended to read as follows: “I 1.24.1 15 Boats and skiers. SECTION 18: That section 11.24.1 15 of the Carlsbad Municii 4 5 6 7 8 9 10 11 om &u~ &zch qn8 A:@ go35 oc->“ ZdZ zwrno oz-l - ““90 00s Lorn ao-l ps 50 m> 2;gz “a9 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Boats and skiers shall comply with the following rules and procc (1) Boats shall maintain a counterclockwise pattern in the powe (2) No takeoffs or drop-offs are allowed in the personal watel vessel corridors, or passive use area at any time. (3) Takeoff traffic shall standby until the way is safe and clear b starting. (4) All drop-offs shall be done parallel to the shoreline; the boai not “hook,” instead it shall remain parallel to the shoreline; once the skier drc boat shall stop, draw in the towline and when safe, make a small countercloc back to the desired beach location. (5) The maximum number of towlines used behind any boat st the maximum number of skiers behind any boat shall be two. (6) When towing two skiers and one skier falls, the second ski€ go of the towline. The boat shall then follow established procedure and safet; precautions for skier pick-up and takeoff procedures. (7) No unattended ski equipment may be left in the lagoon. (8) Towing of any object or aquatic device (excluding wate (9) No boat shall pull into the beach with tow line dragging behi (IO) Vessel racing is prohibited unless approved in accorc wake boards) is subject to approval by the city, in advance; Section 11.24.085.” SECTION 19: That section 11.24.120 of the Carlsbad Municir amended to read as follows: “1 1.24.1 20 Establishment of vessel transit corridors. When buoys are placed out from the shoreline to establish vess corridors, it is unlawful to travel on the shore side of such buoys except for tht purpose of transit from one area to another at speeds not to exceed five mile No towing of any aquatic device or person is allowed between the buo) shoreline. No water ski takeoff is permitted in the transit corridor, between and the shoreline. No mooring, anchoring or beaching a vessel is allowed in corridor between sunset and sunrise.” SECTION 20: That section 11.24.130 of the Carlsbad MuniciF amended to read as follows: 6 .. 0 0 1 2 3 4 5 6 7 8 9 10 11 00, Y1 =ILL0 ow2 $054 cd= d->“ :;$? o1.B OZJO ““$1. >Z$ bo SU$ zg$ ZWW Mi QOJ 12 13 14 15 16 17 18 I9 20 21 22 23 24 25 26 27 28 “1 I .24.130 Compliance with chapter and orders. It is unlawful for any person to violate any provision of th including to refuse to follow or comply with the regulations adopted pursuant 11.24.1 35 or with any lawful sign, order, warning signals or other lawful dir police officer, a community services officer or a lifeguard except for the making a rescue, or for any person without lawful authority to deface, inj down or remove any sign or warning placed for the purpose of enforcing the of this chapter. Operators of vessels on the lagoon shall, upon approach of enforcement vessel displaying a blue light, immediately yield the right of VI enforcement vessel and, upon direction by the operator of the enforcemc come to a stop.” SECTION 21 : That section I I .24.135 of the Carlsbad Municir amended to read as follows: “1 1.24.1 35 Boating requlations. The city council may by resolution establish boating regulations for the inner I SECTION 22: That section 11.24.1 37 of the Carlsbad Municir amended to read as follows. I 1.24.137 Enforcement bv police department: authoritv of services officers. Except for the issuance of Lagoon use permits by the city n designee pursuant to section 11.24.020, the police department shall e chapter, including violation of any regulations adopted by the City Council I section I I .24.135, along with any violation of the California Harbors and Code, Penal Code, Vehicle Code, or implementing regulations thereof, perta 1 Police or designee to enforce the above referenced laws, are hereby ch enforcement of those laws and regulations, and are authorized and empow pursuant to Penal Code sections 836.5 and 853.6 to arrest or issue a citation inner lagoon. The Community Service Officer 111s who are assigned by t ... ... ... ... ... 7 r’ I) * 1 2 3 4 5 6 7 8 9 10 11 om SyZ $E& ao8 iUU OU3 204s &+E 4 on9 a ai S&ga 02-10 “azo 003 bow <OJ p- as 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 person without a warrant, whenever said officer has reasonable cause to belic the person to be arrested or cited has committed a violation of such laws or rc which the officer has the duty to enforce and the violation was committed in tt presence.” EFFECTIVE DATE: This ordinance shall be effective thirty da adoption, and the City Clerk shall certify the adoption of this ordinance and be published at least once in a newspaper of general circulation in the City c within fifteen days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of thc City Council on the 26th day of October , 1999, and thereafte PASSED AND ADOPTED at a regular meeting of the City Cot City of Carlsbad on the 9th day of NOVEMBER , 1999, by the following \ AYES: Council Members Lewis, Hall, Finnila, Nygi NOES: None ABSENT: None APPROVED AS TO FORM AND LEGALITY n (k6J”Q.Q.L ONALD R. BALL, City Attorney N-;S- 99. ATTEST: KAREN R. KUNDTZ, Assistant 8 ll