HomeMy WebLinkAbout1999-11-09; City Council; NS-509; CMC 11.24 amends - Agua hedionda lagoon use.... ’,‘ 0 e
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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:
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“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.
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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.
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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
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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
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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
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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:
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“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
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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
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