HomeMy WebLinkAbout1994-09-06; City Council; 12851; AGUA HEDIONDA LAGOON REGULATIONS““-. Ut LAHLSBALJ - AljtN ,. ..
a DEPT. TITLE: AB#w
MTG. “7 - (<- - <i ”f AGUA HEDIONDA LAGOON
REGULATIONS CITY I
DEPT. C‘ 5 b CITY r -
RECOMMENDED ACTION:
Introduce Ordinance No. NS“2‘;a amending Chapter 11.24 of the Carlsbad Municipal (
revise the regulations for Agua Hedionda Lagoon.
I ITEM EXPLANATION:
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The Agua Hedionda Lagoon (AHL) Ordinance No. 3222 has not been updated sinc (Exhibit 1). It has become necessary to modify and update certain sections of this ord These changes will improve safety awareness, customer service, meet the mandates of st and modify some of the rules which are either ineffective or hard to control. Staff has s input from the AHL permit holders, Snug Harbor Marina, Bristol Cove and the Carlsbi Club. The proposed changes have been reviewed and endorsed by the City Attorney’s San Diego Gas & Electric, California Department of Boating & Waterways (CDBW) and 1 Recreation Commission.
In an effort to make it easier for the Council to review, an outline of the ordinance identi current rules for each section and the proposed recommended changes (Exhibit 1 recommended changes that are significant in nature are identified below:
* Vessel SDeed Limits (1 1.24.0251 The California Harbors and Navigation Code 655.2 addresses the same criteria Carlsbad Municipal Code 11.24.025, with the exception of boat corridors which is ad in Carlsbad Municipal code 11.24.120. Staff recommends this section be repealed.
4 Qperation of Vessels at Night (1 1.24.035) Currently, no person shall operate a vessel at speeds in excess of five miles per hour 1 the half hour before sunset and one half hour after sunrise the following day. St requires that no person shall operate a vessel in excess of five mile per hour betweel and sunrise. Staff recommends the elimination of the existing “half hour before and h,
after” clause in reference to sunrise and sunset. This will maintain consistency with st;
4 Inner Lagoon - (1 1.24.050]
Currently, this section of the ordinance does not define what a personal watercraft is o requirement for which direction it may travel. Staff is recommending to delete all refe Jet Ski and replace with the term Personal Watercraft, specify counter clockwise direct and add a definitiodcriteria of Personal Watercraft (Exhibit 2 page 6).
4 Bristol Cove (1 1.24.0702 In this section, Bristol Cove is identified as a private residential cove restricted to owr tenants. It is the California Department of Boating and Waterways’ basic assertion thx Cove is part of the lagoon and therefore a navigable waterway which cannot be close public. The city will not take a position on the ownership of the cove and City Attor recommended that we repeal Section 11.24.070.
Prohibited Uses (1 1.24.085) Staffs Recommendation: -Delete Paddle Boats and Boardsails without windowed sails from this section.
vessels would be allowed in passive use area only.)
-Add motorized surfboard-like vessels to Prohibited Uses. -Exclude SDG&E activities from this section.
i -Allow Hovercraft vessels for “Official Use Only”.
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Waterskiing. Slalom Course (1 1.24.1 101 The Bristol Cove Boat and Ski Club submitted a proposal to the city requesting that the course rules and location be changed because the existing rules did not adequately me1 needs. It was their belief that the peak use periods and number of passive vessels slalom skiing use have changed over the past few years. In reviewing their request : affect the course would have on other users, staff felt it was imperative to solicit input f AHL pennit holders. Upon review of the survey results and public input, in the int< safety staff is recommending that a designated area for slalom skiing be established (Ex with the following conditions:
1. The proposed course is located parallel to the southeastern shoreline with
the powerboat and passive use areas as defined by marker buoys. 2. Eliminate one way direction use and allow two way use with time restrictiol
3. The privately owned and maintained course be open for the public’s use. 4. City reserves the right to terminate use of slalom course by any vessel or I
anytime based on safety and liability concerns.
In addition, reference to right-of-way, overtaking of vessel, rules of the road, and use of flag must be eliminated from ordinance as per the ]request from CDBW. The State Harb Navigation Codes 660 precludes the passage of navigational rules by the local ag Reference to these issues will be deleted from the following sections:
0 Ski Boats and Skiers (11.24.115(3)!, (3, (7), (9)
e Vessels to Stay Outside Boat Corridor (11.24.120)
0 ComDliance with Orders (1 1.24.130)
e Rules of Road (11.24.1351
PARKS & RECREATION COMMISSION ACTION
At the May 1994 Parks and Recreation Commission meeting, stalff proposed changes to th Hedionda Lagoon Ordinance Chapter 11.24. After considerable public comment regard
regarding the proposed changes. In July 1994 the: commission endorsed staff‘s recomr revisions to the ordinance as outlined and recommended approval by City Council.
FISCAL IMPACT
To allow a minor relocation of the slalom course and allow two-way use, there would be tl to purchase additional regulatory buoys for this area. It is estimated that four buoys wi required at a cost of approximately $150. Funding for the buoys would be available in thc 95 Agua Hedionda Lagoon Budget. The Department would also accept donations fr Bristol Cove Boat and Ski Club or any other individuals who wlould offer to support this purchase.
EXHIBITS
1. Agua Hedionda Lagoon Chapter 11.24&&: ..d r) I AJ , t$ (i E: /L 5- - $?&!kL”.
2. Proposed Changes to Agua Hedionda Lagoon Chapter 1 1.24
3. Designated Slalom Course Location Map
ordinance, the commission directed staff to bring ‘back additional information and clarif
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ORDINANCE NO. NS - 2 9 2
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, AMENDING TITLE 11 OF
THE CARLSBAD MUNICIPAL CODE BY THE AMENDMEI'
OF CHAPTER 11.24 TO REVISE THE REGULATIONS
FOR AGUA HEDIONDA LAGOON
SECTION 1: That Chapter 11.24 of the Carlsbad Municipal Cod(
amended to real as follows:
"Chapter 11.24
AGUA HEDIONDA LAGOON
Sections:
11.24.005 Application
11.24.010 Definitions
11.24.015 Special Use Area - Agua Hedionda Lagoon
11.24.020 Lagoon use permits
11.24.030 Maximum vessel speed limit
11.24.035 Operation of vessels at night
11.24.040 Middle lagoon
11.24.045 Outer lagoon
11.24.050 Inner lagoon
11.24.055 Fishing
11.24.060 Public access
11.24.065 Private launch ramp
11.24.075 Maximum number of vessels on the water
11.24.080 Maximum vessel length
11.24.085 Prohibited uses
11.24.095 Area for swimming and wading
11.24.100 Throwing waste or refuse in water or on pub1
11.24.105 Aquatic special events
11.24.110 Water skiing slalom course
11.24.115 Ski Boats and Skiers
11.24.120 Establishment of vessel transit corridors
11.24.125 City's liability - Use olf areas at own risk
11.24.130 Compliance with orders
11.24.135 Boating regulations
11.24.140 Constitutionality or invalidity
or shoreline
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11.24.005 Application. The provisions of sections 11.24.010 through 13
apply to Agua Hedionda Lagoon.
11.24.010 Definitions. For the purposes of this chapter the definitions (
in the State Harbors and Navigation Code, Vehicle Code and California Admini
Code shall apply.
11.24.015 Special use area - Agua Hedionda Lagoon. The entire AguaH
Lagoon, consisting of three sections known as outer lagoon, inner lagoon anc
lagoon are declared to be a special use area and under the provisions of the C
Harbors and Navigation Code Section 660. Use of the lagoon is subject to the PI
of this chapter and any regulations adopted by the city council.
11.24.020 Lagoon use permits. It is unlawful to operate any type of \
the water without first obtaining an annual or temporary lagoon use permit issue
city’s parks and recreation department’ or a daily lagoon use permit issued Harbor Marina office, The vessel operator shall display the city’s annual pern
in the specified location at all times or possess and show upon request a valid te
lagoon use permit. The following requirements shall be met to obtain a lag
permit:
(1) Permit application and hold harmless indemnity agreement shall be 4
(2) The current permit fee as established by the city council by resolut
(3) The fee is non-refundable and non-transferable;
(4) Annual permit fee is based on the calendar year, January 1st
December 31st and shall be half-priced when purchased anytime between Octc
and December 31st;
(5) Annual permit fee for boardsails and other passive vessels eight fef
shall be one-half the established annual fee. An additional boardsail permit d
be purchased for an owner’s personal use at an annual fee as established b7
council be resolution;
(6) One daily permit fee may be credited toward the full purchase of 2
permit, by submitting the daily fee receipt with an annual permit application,
prior to October 15;
(7) Replacement decal fee shall be set by the city council by resoluti
(8) Repealed by Ord. NS-17;
(9) Those vessels that are required by Departrnent of Motor Vehicles
(10) Lagoon use permits are not required for dredging, research, pat
and signed by a responsible adult;
be paid;
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 Max;rnum vessel speed limit. It is unlawful to Operate a Ve
speeds in excess of forty-five miles per hour except pursuant to a special ope
permit issued by the chief of police upon authorization of the city council subject '
terms and conditions as the city council deems necessary.
11.24.035 Operation of vessels at nbht. Between sunset and sunr!
following day, no person shall operate a vessel at speeds in excess of five miles pe
11.24.040 Middle Lagoon. The middle lagoon, including the water area b
Interstate 5 and the railroad tracks, is for use by passive vessels. It is unlawful to c
a powered vessel at any time on the middle lagoon except by safety, mainten:
research personnel without written authorization by San Diego Gas and
Company or their representative.
11.24.045 Outer Lagoon. The outer lagoon, including the water area t.
Carlsbad Boulevard and the railroad tracks, is limited to use by San Diego (
Electric Company and those activities specifically approved in writing by San Dit
and Electric Company including marine research and fishing from the west shol
posted areas. It is unlawful to operate any power or passive vessel in the outeI
without written approval by San Diego Gas and Electric Company except for the 1
of making a rescue or conducting safety service operations including search and rt
Lagoon use permits cannot be issued by the city for use of the outer lagoon.
11.24.050 Inner lagoon. The inner lagoon, including all water areas
Interstate 5 shall be subject to the following regulations all year round:
(1) Separate areas are established for use by powerboats, personal wa
and passive vessels, with boat corridors adjacent to the shorelines for transit to a
these separate areas;
(2) Personal watercraft shall be limited to use in Snug Harbor, betu
north side of the sandbar and the boat corridors along' the north, east a
shorelines. Personal watercraft will maintain a counterclockwise pattern when
area. A person may not operate nor give permission to operate a personal w;
for the purpose of towing a person on waterskis, aquaplane or similar device.
For the purpose of the Agua Hedionda Lagoon, the definition of a personal w
is a Class A vessel (under 16 feet) which:
a) Has an inboard motor which uses internal combustion engine powering a 7
pump as its primary source of motive propulsion;
b) Is designed with the concept that the operator and passenger ride on thc
surfaces of the vessel as opposed to riding inside the vessel;
c) Has the probability that the operator and passenger may, in the normal (
use, fall overboard;
d) Is designed with no open load carrylng area which would retain water; a1
e) Is rated for a maximum of two p.ersons.
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(3) Powerboats shall be limited to use in the middle area of the inner lai
between the south side of the sandbar, the north shoreline boat corridors and the pa
use area; powerboats shall maintain a counterclockwise traffic pattern when in the p
vessel area;
(4) Passive vessels and boardsails shall be limited to use in the eastern e , the inner lagoon, within the passive use area.
5 11.24.055 Fishing. Fishing from the shoreline or from a passive vessel sh;
limited to the passive use area; fishing from a power vessel shall be limited tc 6 powerboat area, It is unlawful to cast fishing lines into any boat corridor or in the t
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11.24.060 Public access. All public accesses are subject to the following
round regulations:
(1) Open for walk-in traffic only, from sunrise to sunset; it is unlawful to
(2) Passive vessels with a valid city permit may be launched at any 1
(3) It is unlawful to launch a motorized vessel from any public access.
a motorized vehicle on a public access when posted for walk-in traffic only;
access;
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11.24.065 Private launch ramp. Snug Harbor Marina is a privately owne
operated launch ramp. Vessels launched from Snug Harbor shall be subject 1
following regulations and procedures all year-round:
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(1) Powerboats, personal watercraft, and passive vessels shall transit th
Snug Harbor Marina area within the west and east boat corridors at a speed
exceed five miles per hour.
(2) The west boat corridor is limited to traffic heading southeast to transi
the marina to the powerboat area.
(3) The east boat corridor is limited to traffic heading northwest returr
the marina and to Bristol Cove personal watercraft and passive vessels going to anc
the designated use areas.
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11.24.075 Maximum number of vessels on the water. The maximum nun
passive and power vessels (excluding personal watercraft) using the water i!
designated use areas at any one time shall not exceed thirty vessels per area
maximum number of personal watercraft using the personal watercraft area at a
time shall not exceed twelve. The maximum number of boardsails using the pass
area at any one time shall not exceed twenty.
11.24.080 Maximum vessel length. The maximum vessel length allowec
inner lagoon, excluding .rescue, research and maintenance vessels, shall be twe
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
and aquatic uses of the lagoon. The following types of vessels or uses are not
on the lagoon:
(1) Parasails;
(2) Hovercraft (Except for official use);
(3) High profile cabin cruisers;
(4) Motorized surfboard-like vessels;
(5) No aircraft shall land on or take off from the water or public shore!
(6) No aquatic vessel racing is allowed except as authorized by city cc
(7) No mooring a vessel except in an area so designated;
(8) This section is not intended to apply to San Diego Gas and
public accesses;
accordance with section 11.24.105;
Company, the state, county, city or other political subdivision of the state. The c
not intend to regulate maintenance, dredging, research, patrol, utility and otheI
authorized by San Diego Gas and Electric Company for uses in the lagoon.
11.24.095 Areas for swimming or wading. No swimming or wading fro
shall be permitted in the lagoon except as authorized in writing by San Diego (
Electric Company in outer lagoon.
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I 11.24.100 Throwing waste or refuse in water or on public access or sho i It is unlawful to place waste or refuse of any kind in the water, on the short
~ 1 public access except in designated waste or refuse containers.
~ 11.24.105 Aquatic special events. Boat races, ski meets, boat parades,
aquatic special events on the water shall be held only by the specific authorizatic
city council. Such authorization shall be by the city council for each meet, race o
event authorized. The city council in approving such event may impose conditj
establish special regulation as the council deems necessary.
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11.24.110 Water skiing slalom course. The privately owned and mai
to removal when directed by the city council. The overall slalom course area,
parallel to the southeastern shoreline within both the powerboat area and pass
area is 1,850 feet long and no more than 100 feet north of the slalom course, as
by marker buoys. The following shall apply when daylight savings time is in effec
-October): The course may be used in two directions between sunrise and 10:OO a
After 10:OO am the course will be closed and unlawful to use. Each pass made
the course, when closed, shall constitute a new and separate offense. Between
and 10:OO am daily, powerboats and skiers shall comply with the following proc
(1) No vessel may enter through the slalom course area when anothe
is towing a skier.
(2) Only one boat at a time may use the course. Other boats wishinl
the course will sit at a safe distance at the west end of the designated slalom cour
A skier may take a maximum of four passes through the course. A boat compll
beach or powerboat area. The next boat in line may proceed to the starting a
begin pulling their skier. For the purposes of this chapter, the definition of a p;
be one round trip through the course.
(3) If your skier falls during a pass, the boat must return at a safe s
pick up the skier. Each skier is allowed two falls per pass. A failed attempt tc
is to be considered a fall.
(4) It is unlawful to pull more than one skier within the boundarie:
designated slalom course area.
(5) The city reserves the right to terminate use of the slalom course
vessel or skier at any time based on safety and liability concerns.
(6) In the event of any dispute or question as to what constitutes a s
liability concern, the decision of the city shall be binding and conclusive.
When Pacific Standard Time is in effect (November - March), all of the aforeme
slalom course, open for use by the public, may remain in Agua Hedionda Lagoon
passes should retrieve its skier and proceed at wakeless speed to the waiting are
slalom course rules shall remain in effect with the exception of the time restric
11.24.115 Ski boats and skiers. Ski boats and skiers shall comply 7
following rules and procedures:
(1) Ski boats shall maintain a counterclockwise pattern in the powerbc
(2) No ski boat shall enter the pattern at more than a forty-five degre
(3) Water skiers will start from deep water, south of the sandbar, or f
south beach shoreline; no takeoff or drop-off allowed in Snug Harbor Marin;
time.
(4) Takeoff traffic shall standby until the way is safe and clear before
(5) All drop-offs shall be done parallel to the shoreline; the ski boat I
"hook", instead it shall remain parallel to the shoreline; once the skier drops-of
boat shall ' stop, draw in the towline and when safe, make a small 7
counterclockwise turn back to the desired beach location.
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(6) . The maximum number of towlines used behind any one vessel shall
the maximum number of skiers behind any one vessel shall be two.
(7) When towing two skiers and one skier falls, the second skier sha
of the towline. The ski boat shall then follow established procedure an(
precautions for skier pick-up and takeoff procedures.
(8) Towing of any object or aquatic device (excluding water skis) is SI
approval by the city, in advance and when approved, such use shall comply 1
requirements of this section.
(9) No bdat shall pull into the beach with ski line dragging behind.
(10) Boat and other water vehicle racing is prohibited unless appl
accordance with Section 11,24,105,
11.24.120 Establishment of vessel transit corridors. When buoys are pll
from the shoreline to establish vessel transit corridors, it is unlawful to trave
shore side of such buoys except for the purpose of transit from one area to an
speeds not to exceed five miles per hour. No towing of any aquatic device or I
allowed between the buoys and the shoreline. No water ski takeoff is permittc
boat corridor, between the buoys and the shoreline.
11.24.125 City’s liability-Use of areas at own risk. The city declares its
in adopting this chapter is safe conduct among the users of the Agua Hedionda
The city council does not expand it’s liability, if any, for accidents or injuries s
by the public user of such aquatic areas. Any person utilizing aquatic areas dc
their own risk.
11,24,130 Compliance with orders, It is unlawful for any person to I
follow or comply with the boating regulations adopted pursuant to Section 11.2
with any lawful sign, order, warning signals or other lawful direction of the lagoc
or a lifeguard except for the purpose of making a rescue, or for any person
lawful authority to deface, injure, knock down or remove any sign or warning p.
the purpose of enforcing the provisions of this chapter.
11.24.135 Boating regulations. The city council may by resolution
boating regulations for Agua Hedionda Lagoon including, but not limited to, rei
for water ski takeoff and drop-off areas and access to the middle and inner lagot
All users of the lagoon shall comply with these rules.
11.24.140 Constitutionalitv or invaliditv. If any section, subjection, s
clause or’phrase of this chapter is for any reason held to be invalid or unconst:
such invalidity or unconstitutionality shall not affect the validity or constitutional
remaining sections, and each section, subsection, sentence, clause and phras
would have been prepared, proposed, adopted, approved and ratified irrespecti
fact that any one or more sections, subsections, sentences, clauses or phrases be
invalid or unconstitutional.
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"WHEREAS, the boating regulations for Agua Hedionda Lagoon ha
I reviewed and certain changes are recommended to benefit the City and the pu'
"WHEREAS, the Department of Boating and Waterways has the author]
state law to review all amendments to the Agua Hedionda Lagoon ordinance;
"WHEREAS, the Department of Boating and Waterways conducted such
and directed the City to repeal Carlsbad Municipal Code Section 11.24.070 whi
that Bristol Cove is a private residential cove restricted to use by owners and ten
regulates it accordingly; and
"WHEREAS, the issue of whether Bristol Cove is a private residential
private matter.
NOW THEREFORE BE IT RESOLVED by the City Council of tht
Carlsbad, California as follows:
EFFECTIVE DATE: This ordinance shall be effective thirty days
adoption, and the City Clerk shall certify the adoption of this ordinance and ci
be published at least once in a newspaper of general circulation in the City of 1
within fifteen days after its adoption.
INTRODUCED AND FIRST READ at a regular meeting of the Carl:
Council on the day of , 1994, and thereafter
PASSED AND ADOPTED at a regular meeting of the City Council of
of Carlsbad on the day of , 1994, by the follow
to wit:
AYES: Council Members Lewis, Stanton, Kulchin, Nygaard, Finr
NOES: None
ABSENT: None
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APPROVED AS TO FORM AND LEGALITY -
RONALD R. BALL, City Attorney
CLAUDE A. LEWIS, Mayor a
9 ATTEST:
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Ordinance No.
18
ALETHA L. RAUTENKRANZ, City Clerk
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24 8194
CMCORD.RES 25
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) Chapter 11.24
AGUA HEDDIONDA LAGOON*
Sections:
11.24.005
11.24.010
1124.015
11.24.020
11.24.025
11.24.030
11.24.035
11 24.040
11 24.045
11 ,24,050
11 24.055
11.24.060
11.24.065
11.24.079
11.24.075
11.24.080
11 24.085
11 24.090
11.24.095
11.24.100
Application.
Spccinl use nren-Agun
Hedionda Lagoon.
Lagoon use permits.
Vessel speed limits.
IVDIaxirnum vessel speed limit.
Operation of vessels at night.
Middle lagoon.
Outer Ingoon.
Definitions.
Inner lagoon.
Fishing.
Public access.
Privnte launch rnmp.
Bristol Cove.
Maximum number of vessels
on the water.
hhximum vessel length.
Prohibited uses.
Excessive engine noise
prohibited.
Areas for swimming or wading.
Throwing waste or refuse in
water or on public access or
shoreline.
11.24.105 Aquatic special events,
11.24.110 IVater skiing slalom course.
11.24.115 Ski boats and skiers.
11.24.120 Vessels to stay outside boat
corridor.
11.24.125 City’s linbility-Use of arens
nt own risk.
11.24.130 Complinnce with orders.
11.24.135 Rules of the road.
11.24.140 Constitutionality or invalidity.
*PTior ordinance history: Ords. 1296. 3033. 3083. 3091. 3093.
3118. 3127. 3142. 3153,3154. 3161 and 3213.
1 1.24.005 . Applimtion.
The provisions of Sections 11.24.010 through
11.24.140 apply to Agua Hedionda Lagoon-
(Ord. 3222 § 1 (part), 1987)
11.24.010 Definitions.
For the purpose of this chapter the df
outlined in the State Harbors and N;
Code, Vehicle Code and California Ad
tive Code shall apply. (Ord. 3222 5 I (pa
11.24.015 Specin1 use nren-Agun I~:
The entire Agua Hedionda Lagoon, c
of three sections known as outer lago
lagoon and middle lagoon are declare
special use area and under the provisic
California Harbors and Navigation COC
660. Use of the lagoon is subject to the r
of this chapter and any regulations ac
Lngoon.
the city council, (Ord. 3222 5 I (part),
11.24.020 hgoon use permits.
It is unlawful to operate any type of
the water without first obtaining an :
temporary lagoon use permit issued by
parks and recreation department o
lagoon use permit issued by Snug Harbc
office. The vessel operator shall display
annual permit decal in the specified I(
all times or possess, and show upon
valid temporary lagoon use permit. TI
ing requirements shall be met to obtaiir
use permit:
(1) Permit application and hold
indemnity agreement shall be filled
signed by a responsible adult:
(2) The current permit fee as estat
the city council by resolution must be
(3) The fee is nonrefundable 2
transferable;
(4) Annual permit fee is based on thi
year, January 1st through December
sha!l be half-price when purchased
between October 15th and December
(5) Annual permit fee for boardsails
passive vessels eight feet or less, shall b
the established annual fee. An a(
boaidsail permit decal may be purcha
owner’s personal use at an annual fee
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\ lished by the city council by resolution;
(6) One daily permit fee may be credited
toward the full purchase of an annual permit, by
submitting the daily fee receipt with an annual
permit application, any time prior to October
I5 th;
(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 Depart-
ment of Motor Vehicles to obtain vessel registra-
tion shall provide a copy of valid vessel
registration:.
(IO) Lagoon use permits are not required for
dredging, research, patrolling or maintenance by
San Diego Gas and Electric Company and their
designees. (Ord. NS-68 9 10, 1989; Ord. NS-17,
1988; Ord. 3222 $ 1 (part), 1987) .
11.24.025 Vessel speed limits.
It is unlawful to operate a vessel at speeds in
excess of five miles an hour in any of the follow-
ing situations:
(1) Within one hundred feet of any person
who is engaged in the act of bathing:
(2) Within two hundred feet ofany swimming
float, diving platform, fife line, dock, pier or
landing float;
(3) Within a boat corridor. (Ord. 3222 9 I
(part), 1987)
11.24.030 IVInxirnrrrn vessel speed limit.
It is unlawful to operate a vessel at speeds in
excess of forty-five miles per hour except pur-
suant to a special operations permit issued by the
chief of police upon authorization of the city
council subject to such terms and conditions as
the city council deems necemry. (Ord. 3222 9 1
(part), 1987)
11.24.035 Operntion of vessels at night.
Between the half hour before sunset and one-
half hour after sunrise the following day, no per-
son shall operate a vessel at speeds in excess of
five miles per hour. (Ord. 3222 0 1 (part), 1987)
11.24.040 Middle Ingoon.
The middle lagoon, including the 7
between Interstate 5 and the railroad tr
use by passive vessels. It is unlawful ta
powered vessel, including jet skis (
device at any time on the middle lagc
by safety personnel, maintenance o
personnel with authorization by the
recreation director or his/her repre
(Ord. 3222 § 1 (part), 1987)
11.24.045 Outer lagoon.
The outer lagoon, including the 1
between Carlsbad Boulevard and th
tracks, is limited to use by San Diegc
Electric Company and those activiti
cally approved by San Diego Gas an
Company including marine research a
from the west shoreline in posted a
unlawful to operate any power or pas
in the outer lagoon without written a1
San Diego Gas and Electric Company
the purpose of making a rescue or c
safety services operations including s
recovery. Lagoon use permits cannot
by the city for use of the outer lagoon. (
9 1 (Part), 1987)
11.24.050 . Inner lagoon.
The inner lagoon, including all w
east of Interstate 5 shall be subject to t
ing regulations all year round:
(1) Separate areas are established
powerboats, jet skis, and passive vel
boat corridors adjacent to the shorelinc
sit to and from these separate areas:
(2) Jet skis and similar devices shall
to use in Snug Harbor, between the nc
the sandbar and the boat corridors
north, east and west shorelines:
middle area of the inner lagoon, be
south side, of the sandbar, the north
boat corridors and the passive use arc
boats shall maintain a counterclockv
(3) Powerboats shall be limited to
337 (
1 I .X050
-.
e
pattern when in the power vessel area;
(4) Passive vessels and boardsaiIs shall be lim-
ited to use in the eastern end of the inner lagoon,
within the passive usc ana. (Ord. 3222 5 1 (part),
1987)
11 24.055 Fishing. Fishing from the shoreline or from a passive
vessel shall be limited to the passive use area;
fishing from a power vessel shall be limited to the
powerboat area. It is unlawful to cast fishing lines
into any boat conidor or in the traffic pattern of
water ski boats and skiers. (Ord. 3222 9 1 (part),
1987)
11.24.06O PubIk nccess.
All public accesses are subject to the following
year-round regulations:
(1) Open for walk-in trafic only, from sunrise
to sunset; it is unlawful to drive a motorized
vehicle on a public access when posted for walk-
in trafTic only;
(2) Passive vehicles with a valid city permit
may be launched at any public access:
(3) It is unlawful to launch a motorized vessel
from any public access. (Ord. 3222 4 1 (part),
1987)
11 J4.070 Bristol Cove.
Bristol Cove is a private residential
restricted to use by owners and tenants
unlawful for any vessel to launch to Bristol
or to Met the cove from the'lagoon unle
vessel owner 'has been issued both the 1
Cove Property Owner's Association use'[
and the city annual lagoon use permit. I
Cove vessels shall comply with this chaptc
shall follow the established transit conidor
the cove to the appropriate use areas. ((3rd
4 1 (Part>, 1987)
11.24.075 IVIaxirnum number of vessels
The maximum number of passive and
vessels (excluding jet skis) using the water i
designated use areas at any one time sh;
exceed thirty vessels per area. The rnax
number ofjet skis using the jet ski area at a:
time shall not exceed twelve. The rnax
number ofboardsails using the passive use
any one time shall not exceed twenty. (Ord
4 1 (part), 1987)
the water.
11.24.065 Private launch ramp.
Snug Harbor Marina is a privately owned and
operated launch, ramp. Vessels launched from
Snug Harbor shall be subject to the following
regulations and procedures on, all year-round:
(1) Powerboats (excluding jet skis) and passive
vessels shall transit through Snug Harbor Manna
area within the west and east boat corridors at a
speed not to exceed five miles per hour.
(2) The west boat corridor is limited to tranic
heading southeast to transit from the manna to
the powerboat area or to the passive use area.
(3) The east boat lane is limited to traffic
heading northwest returning to the manna and
to Bristol Cove jet skis and passive vessels going
to and from the designated use areas. (Ord. 3222
9 1 (Part)* 1987)
(Cullbad 10-89) 338
.‘ e
1. 1 11.24.080 Mzximurn vessel lengt h.
The maximum vessel length allowed in the
inner lagoon, excluding rescue, research and
maintenance vessels, shall be twenty-one feet or
less for power vessels and eighteen feet or less for
passive vessels. (Ord. 3222 9 1 (part), 1987)
11.24.085 Prohibited uses.
The city reserves the right to limit the type of
vessels and aquatic uses of the lagoon. The fol-
lowing types of vessels or uses are not allowed on
the lagoon:
(1) Parasails;
(2) Hovercraft;
(3) Peddleboats;
(4) High-profile cabin cruisers:
(5) Boardsails without windowed sails:
(6) No aircraft shall land on or take off from
the water or public shoreline and public accesses:
(7) No aquatic vessel racing is allowed except
as authorized by city council in accordance with
Section 11.24.105:
(8) No mooring a vessel except in an area so
designated:
(9) This section is not intended to apply to
San Diego Gas and Electric Company’s activities
t , in the outer lagoon. The city does not intend to
regulate maintenance, dredging, research, patrol,
utility and other vessels authorized by San Diego
Gas and Electric Company for uses in the outer
lagoon. (Ord. 3222 5 1 (part), 1987)
11.24.090 Excessive engine noise prohibited.
It is unlawful to operate a power vessel unless
it is properly muffled at all times and shall not
exceed the sound levels established by the state.
Muffling systems shall be in operation at all
times and excessive engine acceleration while the
boat is not in gear is prohibited. (Ord. 3232 5 1
(part). 1987)
11.24.095 Areas for swimming or wading.
No Swimming or wading from shore shall be
permitted in the inner lagoon or outer lagoon
0 I
except as authorized by San Diego Gas
tric Company in the outer lagoon. (Ord
(part), 1987)
11.24.100 Throwing waste or refuse
or on public access or sl~o
It is unlawful to place waste or refu
kind in the water, on the shoreline,
access except in designated waste or re
tainers. (Ord. 3222 S I (part), 1987)
11.24.105 Aquatic special events.
Boat races, ski meets, boat parade:
aquatic special events on the water shi
only by the specific authorization o
council. Such authorization shall tje t
council for each meet, race or spec
authorized. The city council in apprc
event may impose conditions and est:
cia1 regulations as the council deems
(Ord. 3223 S 1 (part), 1987)
11.24.1 10 Water skiing slalom cour
The privately owned and rnaintai
skiing slalom course may remain
Hedionda Lagoon subject to remc
directed by the city council. As presenl
parallel to the southeastern shoreline v
the powerboat area and passive use
course shall be used only when there :
sive vessels on the water in the passiv
(Ord. 3222 S I (part), 1987)
11.24.1 15 Ski boats and skiers.
Ski boars and skiers shall compl!
following rules and procedures:
(1) Slu boats shall maintain a co\
wise pattern in the powerboat area.
(2) No ski boat shall enter the tratli
more than a forty-five degree angle.
(3) Following a boat towing a sluer
is prohibited: no ski boat shall overtab
in the wake of another boat that is to
or any aquatic device.
339
0 0 ~.
(4) Water skien will gart from deep wafer, on the shore side of such buoy except f;
south of the sandbar, or from the south beach poses of transit from one area to ano
shoreline; no take-offor drop-offallowed in Snug speeds not to exceed five miles per hour.
Harbor Manna at any time. Cove powerboats may transit across the
(5) [ncorning and con[inuing tr;lfic have the
right-of-way over take-of‘r trafTic; take-off trar‘fic
shall standby until the way is safe and clear before ’
starting.
(6) All drop-offs shall be done parallel to the
shoreline; the ski boat shall not “hook,” instead it
shall remain parallel to the shoreline; once the
skierdrops-off, theski boatshal! stop, draw in the
shoreline boat conidor to reach the p
area: vessels inside the boat comdor hav
of-way over passing through vessels. No
of any aquatic device or person is 2
between the buoys and the shoreline. N
ski take-off or drop-ofT is permitted in t
conidor. between the buoys and the sh
(Ord. 3222 9 1 (part), 1987)
towline and when safe, make a small coun-
terclockwise turn back to the desired beach loca- 11.24.125 City’s IiabiIity-Use of are;
tion. own risk. f (7) The red ski flag must be clearly visible one The city declares its purpose in adop:
hundred yards before dropoff and shall be con- chapter is the safe conduct among the use
tinually visible until the towline is on board and Agua Hedionda Lagoon. The city coun
the skier reachessafety or is on board the ski boat.
(8) The maximum number of towlines used
behind any one vessel shall be two; the max-
imum number of skiers behind any one vessel
shall be two.
(9) ‘When towing two skiers and one skier
falls, the second skier shall let go of the towline
and the red ski flag must be displayed; the ski
, boat shall then follow established procedure and safety precautions for skier pick-up and take-ofF
procedures.
(IO) Towing of any object or acquatic device
(excluding water‘skis) is subject to approval by
the city, in advance and when approved. such use
shall comply with the requirements of this sec-
tion.
(1 1) No boat shall pull into the beach with ski
line dragging behind.
not expand its liability, if any, for accic
injuries sustained by the public user
acquatic areas. Any person utilizing
areas does so at their own risk. (Ord. 1
(part). 1987)
11.24.130 Compliance with ordcrs.
It is unlawful for any person to refuse 1
or comply with the rules of the road
pursuant to Section I1,24,135 or with ar
sign, order, warning signals or other law1
tion of the lagoon patrol or a lifeguard e:
the purpose of making a rescue. or for an
without lawful authority to deface, injur
down or remove any sign or warning p
the purpose of entorcing the provisior:
chapter. (Ord. 3223 $ 1 (part), 1987)
(12) Boat and other water vehicle racing is
prohibited unless approved in accordance with
Section 11.24.105, (Ord. 3227 $ 1 (part), 1987)
11.14.135 Rules of the road.
The city council may by resolution
rules of the road for Agua Hedionda
including, but not limited to. regula
11.24.120 Vessels to stay outside bont water ski take-off and drop-0tTarea.s a1
When buoys are placed out from the shoreline the lagoon shall comply with these rul
corridor. to the middle and inner lagoon water, A:
to establish boat corridors it is unlawful to travel 3222 S 1 (part), 1987) ’
(CarlrbJd 1-88] 340
I*
'C ,. . 0 0 1
) 11.24.140 Constitutionalityor invalidity.
If any section, subjection, sentence, clause or
phrase of this chapter is for any reason held to be
invalid or unconstitutional, such invalidity or
unconstitutionality shall not affect the validity or
constitutionality of the remaining sections, and
each section, subsection, sentence, clause and
phrase hereof would have been prepared, pro-
posed, adopted, approved and ratified irrespec-
tive of the fact that any one 'or more sections,
subsections, sentences, clauses or phrases be
declared invalid or unconstitutional. (Ord. 3222
9 1 (PW, 1987)
..
341 -
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-.
PROPOSED CHANGES TO CARLSBAD MUNICIPAL CODE
CHAPTER 11.24
AGUA HEDIONDA LAGOON
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
Applications
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
Prohibited uses
Area for swimming and wading
Throwing waste or refuse in water or on public acces:
shoreline
Aquatic special events
Water sluing slalom course
Ski Boats and Skiers
Vessels to stay outside boat corridors
City’s liability - Use of areas at own risk
Compliance with orders
Boating regulations
Constitutionality or invalidity
Maximum vessel length
1
EXHIBI
0 e
PROPOSED CHANGES TO CARLSBAD MUNICIPAL CODE CHAPTER 11.24 COI
11.24.005 Application.
Current
The provisions of sections ‘11.24.010 through 11.24.140 apply to Agua Hedionda Lag
(Ord. 3222 1 (part), 1987)
Proposed
Remain unchanged.
11.24.010 Definitions.
Current
For the purposes of this chapter the definitions outlined in the State Harbors and Naviga
Code, Vehicle Code and California Administrative Code shall apply. (Ord. 3222 1 (p,
1987)
Proposed
Remain unchanged.
11.24.015 Special use area - Agua Hedionda Lagoon.
Current
The entire Agua Hedionda Lagoon, consisting of three sections known as outer lagoon, ir
lagoon and middle lagoon are declared to be a special use area and under the provisior
the California Harbors and Navigation Code Section 660. Use of the lagoon is subjec
the provisions of this chapter and any regulations adopted by the city council. (Ord. I
1 (part), 1987)
Proposed
Remain unchanged.
2
a 6
11.24.020 Lagoon use wrmits.
Current
It is unlawful to operate any type of vessel on the water without first obtaining an an1
or temporary lagoon use permit issued by the city’s parks and recreation department (
daily lagoon use permit issued by Snug Harbor Marina office. The vessel operator s
display the city’s annual permit decal in the specified location at all times or possess
show upon request a valid temporary lagoon use permit. The following requirements s
be met to obtain a lagoon use 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 mus
(3) The fee is non-refundable and non-transferable;
(4) Annual permit fee is based on the calendar year, January 1st thrc
December 31st and shall be half-priced when purchased anytime between October 15th
December 31st;
(5) Annual permit fee for boardsails and other passive vessels eight feet or
shall be one-half the established annual fee. An additional boardsail permit decal ma:
purchased for an owner’s personal use at an annual fee as established by the city COU~CI
(6) One daily permit fee may be credited toward the full purchase of an an.
permit, by submitting the daily fee receipt with an annual permit application, any time F
to October 15;
and signed by a responsible adult;
paid;
resolution;
(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 ot
vessel registration shall provide a copy of valid vessel registration;
(10) Lagoon use permits are not required for dredging, research, patrollin<
maintenance by San Diego Gas and Electric Company and their designees. (Ord. NS-61
1989; Ord. NS-17, 1988; Ord. 3222 1 (part), 1987)
Proposed
Remain unchanged.
3
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11.24.025 Vessel speed limits.
Current
It is unlawful to opera.te a vessel at speeds in excess of five miles per hour in any ol
following situations:
(1) Within one hundred feet of any person in the act of bathing;
(2) Within two hundred feet of any swimming float, diving platform, life line, c
(3) Within a boat corridor. (Ord. 3222 1 (part), 1987)
pier or landing float;
Proposed
Repeal.
11.24.030 Maximum vessel speed limit.
Current
It is unlawful to operate a vessel at speeds in excess of forty-five miles per hour ex
pursuant to a special operations permit issued by the chief of police upon authorizatic
the city council subject to such terms and conditions as the city council deems neces
(Ord. 3222 1 (part), 1987)
Proposed
Remain changed.
11.24.035 Operation of vessels at night.
Current
Between the half hour before sunset and one half hour after sunrise the following dal
1987)
Proposed
Between sunset and sunrise the following day, no person shall operate a vessel at sp
in excess of five miles per hour.
person shall operate a vessel at speeds in excess of five miles per hour. (Ord. 3222 1 (I:
4
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11.24.040 Middle Lagoon.
Current
The middle lagoon, including the water area between Interstate 5 and the railroad tri
is for use by passive vessels. It is unlawful to operate a powered vessel, including jet sk
similar device at any time on the middle lagoon except by safety personnel, maintenanc
research personnel with authorization by the parks and recreation director or his
representative. (Ord. 3222 1 (part), 1987)
Proposed
The middle lagoon, including the water area between Interstate 5 and the railroad trz
is for use by passive vessels. It is unlawful to operate a powered vessel at any time or
middle lagoon except .by safety, maintenance or research personnel without wri
authorization by San Diego Gas and Electric Company or their representative.
11.24.045 Outer Lagoon.
Current
The outer lagoon, including the water area between Carlsbad Boulevard and the rail]
tracks, is limited to use by San Diego Gas and Electric Company and those activ
specifically approved by San Diego Gas and Electric Company including marine resei
and fishing from the west shoreline in posted areas. It is unlawful to operate any powe
passive vessel in the outer lagoon without written approval by San Diego Gas and Elec
Company except for the purpose of making a rescue or conducting safety service operat
including search and recovery. Lagoon use permits cannot be issued by the city for us
the outer lagoon. (Ord. 3222 1 (part), 1987
Proposed
The outer lagoon, including the water area between Carlsbad Boulevard and the railr
tracks, is limited to use by San Diego Gas and Electric Company and those activi
specifically approved in writing by San Diego Gas and Electric Company including mal
research and fishing from the west shoreline in posted areas. It is unlawful to operate
power or passive vessel in the outer lagoon without written approval by San Diego Gas
Electric Company except for the purpose of making a rescue or conducting safety ser
operations including search and recovery. Lagoon use permits cannot be issued by the
for use of the outer lagoon. (Ord. 3222 1 (part), 1987
5
-. . 0 0
".
11.24.050 Inner lagoon.
Current
The inner lagoon, including all water areas east of Interstate 5 shall be subject tc
following regulations all year round:
(1) Separate areas are established for use by powerboats, jet skis, and pa
vessels, with boat corridors' adjacent to the shorelines for transit to and from these sep:
areas;
(2) Jet skis and similar devices shall be limited to use in Snug Harbor, bet\
the north side of the sandbar and the boat corridors along the north, east and
shorelines.
(3) Powerboats shall be limited to use in the middle area of the inner lag
between the south side of the sandbar, the north shoreline boat corridors and the pa
use area; powerboats shall maintain a counterclockwise traffic pattern when in the p'
vessel area;
(4) Passive vessels and boardsails shall be limited to use in the eastern end o
inner lagoon, within the passive use area. (Ord. 3222 1 (part), 1987)
Proposed
The inner lagoon, including all water areas east of Interstate 5 shall be subject tc
following regulations all year round:
(1) Separate areas are established for use by powerboats, personal watercraft
passive vessels, with boat corridors adjacent to the shorelines for transit to and from I
separate areas;
(2) Personal-watercraft shall be limited to use in Snug Harbor, between the I
side of the sandbar and the boat corridors along the north, east and west shore1
Personal watercraft will maintain a counterclockwise pattern when in their area. A pc
may not operate nor give permission to operate a personal watercraft for the purpo
towing a person on waterskis, aquaplane or similar device.
For the purpose of the Agua Hedionda Lagoon, the definition of a personal watercrafi
Class A vessel (under 16 feet) which:
a) Has an inboard motor which uses internal combustion engine powering a wate
pump as its primary source of motive propulsion;
b) Is designed with the concept that the operator and passenger ride on the ou
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 oi
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.
6
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(3) Powerboats shall be limited to use in the middle area of the inner lag1
between the south side of the sandbar, the north shoreline boat corridors and the pa:
use area; powerboats shall maintain a counterclockwise traffic pattern when in the pc
vessel area;
(4) Passive vessels and boardsails shall be limited to use in the eastern end ol
inner lagoon, within the passive use area.
11.24.055 Fishing,
Current
Fishing from the shoreline or from a passive vessel shall be limited to the passive use 2
fishing from a power vessel shall be limited to the powerboat area. It is unlawful to
fishing lines into any boat corridor or in the traffic pattern of water ski boats and sk
(Ord. 3222 1 (part), 1987)
Proposed
Remain unchanged.
11.24.060 Public access.
Current
all public accesses are subject to the following year-round regulations:
(1) Open for walk-in traffic only, from-sunrise to sunset; it is unlawful to dr
(2) Passive vehicles with a valid city permit may be launched at any public ac
(3) It is unlawful to launch a motorized vessel from any public access. (Ord.
motorized vehicle on a public access when posted for walk-in traffic only;
1 (part), 1987)
Proposed
All public accesses are subject to the following year-round regulations:
motorized vehicle on a public access when posted for walk-in traffic only;
(1) Open for walk-in traffic only, from sunrise to sunset; it is unlawful to dr
(2) Passive vessels with a valid city permit may be launched at any public ac
(3) It is unlawful to launch a motorized vessel from any public access.
7
a 0
11.24.065 Private launch ramp.
Current
Snug Harbor Marina is a privately owned and operated launch ramp. Vessels launched f
Snug Harbor shall be subject to the following regulations and procedures on all year-rol
(1) Powerboats (excluding jet skis) and passive vessels shall transit through $
Harbor Marina area within the west and east boat corridors at a speed not to exceed
miles per hour.
(2) The west boat corridor is limited to traffic heading southeast to transit f
the marina to the powerboat area or the passive use area.
(3) The east boat lane is limited to traffic heading northwest returning to
marina and to Bristol Cove jet skis and passive vessels going to and from the designatec
areas. (Ord. 3222 1 (part), 1987)
Proposed
Snug Harbor Marina is a privately owned and operated launch ramp. Vessels launched i
Snug Harbor shall be subject to the following regulations and procedures all year-rou
(1) Powerboats, personal watercraft, and passive vessels shall transit through !
Harbor Marina area within the west and east boat corridors at a speed not to exceed
miles per hour.
(2) The west boat corridor is limited to traffic heading southeast to transit
the marina to the powerboat area.
(3) The east boat corridor is limited to traffic heading northwest returning tc
marina and to Bristol Cove personal watercraft and passive vessels going to and fron
designated use areas.
11.24.070 Bristol Cove.
Current
Bristol Cove is a private residential cove restricted to use by owners and tenants.
unlawful for any vessel to launch to Bristol Cove or to enter the cove from the lagoon u
the vessel owner has been issued both the Bristol Cove Property Owner’s Associatiol
permit and the city’s annual lagoon use permit. Bristol Cove vessels shall comply wit1
chapter and shall follow the established transit corridors from the cove to the appro1
use areas. (Ord. 3222 1 (part), 1987)
Proposed
Repeal.
8
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11.24.075 Maximum number of vessels on the water.
Current
The maximum number of passive and power vessels (excluding jet skis) using the watt
their designated use areas. at any one time shall not exceed thirty vessels per area.
maximum number of jet skis using the jet slu area at any one time shall not exceed twl
The maximum number of boardsails using the passive use area at any one time shall
exceed twenty. (Ord. 3222 1 (part), 1987)
Proposed
The maximum number of passive and power vessels (excluding personal watercraft) I
the water in their designated use areas at any one time shall not exceed thirty vessel! area. The maximum number of personal watercraft using the personal watercraft arc
any one time shall not exceed twelve. The maximum number of boardsails using the pa
use area at any one time shall not exceed twenty.
11.24.080 Maximum vessel length.
Current
The maximum vessel length allowed in the inner lagoon, excluding rescue, research
maintenance vessels, shall be twenty-one feet or less for power vessels and eighteen fe
less for passive vessels. (Ord. 3222 1 (part), 1987)
Proposed
Remain unchanged.
9
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11.24.085 Prohibited uses.
Current
The city reserves the right to limit the type of vessels and aquatic uses of the lagoon.
following types of vessels or uses are not allowed on the lagoon:
(1) Parasails;
(2) Hovercraft; I
(3) Paddleboats;
(4) High-profile cabin cruisers;
(5) Boardsails without windowed sails;
(6) No aircraft shall land on or take off from the water or public shoreline
(7) No aquatic vessel racing is allowed except as authorized by city counc
(8) No mooring a vessel except in an area so designated;
(9) This section is not intended to apply to San Diego Gas and Electric Comp;
activities in the outer lagoon. The city does not intend to regulate maintenance, dred
research, patrol, utility and other vessels authorized by San Diego Gas and Electric Corn
for uses in the outer lagoon. (Ord. 3222 1 (part), 1987)
Proposed
The city reserves the right to limit the type of vessels and aquatic uses of the lagoon.
following types of vessels or uses are not allowed on the lagoon:
public accesses;
accordance with section 11.24.105;
(1) Parasails;
(2) Hovercraft (Except for of'ficial use);
(3) High profile cabin cruisers;
(4) Motorized surfboard-like vessels;
(5) No aircraft shall land on or take off from the water or public shoreline
(6) No aquatic vessel racing is allowed except as authorized by city counc
(7) No mooring a vessel except in an area so designated;
(8) This section is not intended to apply to San Diego Gas and Electric Corn]
the state, county, city or other political subdivision of the state. The city does not ir
to regulate maintenance, dredging, research, patrol, utility and other vessels authorizt
San Diego Gas and Electric Company for uses in the lagoon.
public accesses;
accordance with section 11.24.105;
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11.24.090 Excessive engine noise prohibited.
Current
It is unlawful to operate a power vessel unless it is properly muffled at all times and s
not exceed the sound levels established by the state. Muffling systems shall be in opera
at all times and excessive engine acceleration while the boat is not in gear is prohibi
(Ord. 3222 1 (part), 1987).
Proposed
Repeal.
11.24.095 Areas for swimming or wadinp.
Current
No swimming or wading from shore shall be permitted in the inner lagoon exceF
authorized by San Diego Gas and Electric Company in outer lagoon. (Ord. 3222 1 (p
1987)
Proposed -
No swimming or wading from shore shall be permitted in the lagoon except as autho1
in writing by San Diego Gas and Electric Company in outer lagoon.
11.24.100 Throwing waste or refuse in water or on public access or shoreline.
Current
It is unlawful to place waste or refuse of any kind in the water, on the shoreline, or p
access except in designated waste or refuse containers. (Ord. 3222 1 (part), 1987)
Proposed
Remain unchanged.
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11.24.105 Aquatic special events.
Current
Boat races, sh meets, boat parades, or other aquatic special events on the water shal
held only by the specific authorization of the city council. Such authorization shall be by
city council for each meet, race or special event authorized. The city council in appro
such event may impose conditions and establish special regulation as the council de
necessary. (Ord. 3222 1 (part), 1987)
Proposed
Remain unchanged.
11.24.110 Water skiinp slalom course.
Current
The privately owned and maintained water sluing course may remain in Agua Hedic
Lagoon subject to removal when directed by the city council. As presently located, par
to the southeastern shoreline within both the powerboat area and passive use area,
course shall be used only when there are no passive vessels on the water in the passive
area. (Ord. 3222 1 (part), 1987)
Proposed
The privately owned and maintained slalom course, open for use by the public, may re1
in Agua Hedionda Lagoon subject to removal when directed by the city council. The ov
slalom course area, located parallel to the southeastern shoreline within both the power
area and passive use area is 1,850 feet long and no more than 100 feet north of the slr
course, as defined by marker buoys. The following shall apply when daylight savings
is in effect (April -October): The course may be used in two directions between sunrise
1O:OO am daily. After 1O:OO am the course will be closed and unlawful to use. Each
made through the course, when closed, shall constitute a new and separate offense. Bet
sunrise and 1O:OO am daily, powerboats and skiers shall comply with the follo
procedures:
(1) No vessel may enter through the slalom course area when another vessel is to
a skier.
(2) Only one boat at a time may use the course. Other boats wishing to USI
course will sit at a safe distance at the west end of the designated slalom course are
skier may take a maximum of four passes through the course. A boat completing its p;
should retrieve its skier and proceed at wakeless speed to the waiting area, south beac
powerboat area. The next boat in line may proceed to the starting area and begin pu
their skier. For the purposes of this chapter, the definition of a pass shall be one rounc
through the course.
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(3) If your skier falls during a pass, the boat must return at a safe speed to pic1
the skier. Each skier is allowed two falls per pass. A failed attempt to get up is tc
considered a fall.
(4) It is unlawful to pull more than one skier within the boundaries of the design;
slalom course area.
(5) The city reserves the right to terminate use of the slalom course by any vessc
skier at any time based on safety and liability concerns.
(6) In the event of any dispute or question as to what constitutes a safety or liab
concern, the decision of the city shall be binding and conclusive.
When Pacific Standard Time is in effect (November - March), all of the aforementic slalom course rules shall remain in effect with the exception of the time restriction,
11.24.115 Ski boats and skiers.
Current
Ski boats and skiers shall comply with the following rules and procedures:
(1) Ski boats shall maintain a counterclockwise pattern in the powerboat area.
(2) No ski boat shall enter the pattern at more than a forty-five degree angle.
(3) Following a boat towing a skier too closely is prohibited; no ski boat shall over
(4) Water skiers will start from deep water, south of the sandbar, or from the SI
or follow in the wake of another boat that is towing skiers or any aquatic device.
beach shoreline; no takeoff or drop-off allowed in Snug Harbor Marina at any time.
traffic shall standby until the way is safe and clear before starting.
(6) All drop-offs shall be done parallel to the shoreline; the ski boat shall not “hc
instead it shall remain parallel to the shoreline; once the skier drops-off, the ski boat
stop, draw in the towline and when safe, make a small counterclockwise turn back tc
desired beach location.
(7) The red ski flag must be clearly visible one hundred yards before drop-off
shall be continually visible until the towline is on board and the skier reaches safety or
board the ski boat.
(8) The maximum number of towlines used behind any one vessel shall be two
maximum number of skiers behind any one vessel shall be two.
(9) When towing two skiers and one skier falls, the second skier shall let go 0’
towline and the red ski flag must be displayed; the ski boat shall then follow establi
procedure and safety precautions for skier pick-up and takeoff procedures.
(10) Towing of any object or aquatic device (excluding water skis) is subjec
approval, by the city, in advance and when approved, such use shall comply with
requirements of this section.
(5) Incoming and continuing traffic have the right-of-way over takeoff traffic; TaE
(11) No boat shall pull into the beach with ski line dragging behind.
(12) Boat and other water vehicle racing is prohibited unless approved in accord
with Section 11.24.105. (Ord. 3222 1 (part), 1987)
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Proposed
Ski boats and skiers shall comply with the following rules and procedures:
(1) Ski boats shall maintain a counterclockwise pattern in the powerboat area.
(2) No ski boat shall enter the pattern at more than a forty-five degree angle.
(3) Water skiers will start from deep water, south of the sandbar, or from the s(
beach shoreline; no takeoff or drop-off allowed in Snug Harbor Marina at any time.
(4) Takeoff traffic shall standby until the way is safe and clear before starting.
(5) All drop-offs shall be done parallel to the shoreline; the ski boat shall not "hc
instead it shall remain parallel to the shoreline; once the skier drops-off, the ski boat !
stop, draw in the towline and when safe, make a small wakeless counterclockwise turn 1
to the desired beach location.
(6) The maximum number of towlines used behind any one vessel shall be two;
maximum number of skiers behind any one vessel shall be two.
(7) When towing two skiers and one skier falls, the second skier shall let go of
towline. The ski boat shall then follow established procedure and safety precautions for 5
pick-up and takeoff procedures.
(8) Towing of any object or aquatic device (excluding water skis) is subjec
approval by the city, in advance and when approved, such use shall comply with
requirements of this section.
(9) No boat shall pull into the beach with ski line dragging behind.
(10) Boat and other water vehicle racing is prohibited unless approved in accord;
with Section 11.24.105.
11.24.120 Establishment of vessel transit corridors.
Current
When buoys are placed out from the shoreline to establish boat corridors, it is unlawf
travel on the shore side of such buoys except for the purpose of transit from one arc
another at speeds not to exceed five miles per hour. Bristol Cove powerboats may tr,
across the north shoreline boat corridor to reach the powerboat area; vessels inside the
corridor have the right-of-way over passing through vessels. No towing of any aquatic dt
or person is allowed between the buoys and the shoreline. No water ski takeoff is perm
in the boat corridor, between the buoys and the shoreline. (Ord. 3222 1 (part), 1987
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Proposed
When buoys are placed out from the shoreline to establish vessel transit corridors,
unlawful to travel on the shore side of such buoys except for the purpose of transit from
area to another at speeds not to exceed five miles per hour.
No towing of any aquatic device or person is allowed between the buoys and the shore: No water slu takeoff is permitted in the boat corridor, between the buoys and the shore)
11.24.125 City's liability--Use of areas at own risk.
Current
The city declares its purpose in adopting this chapter is safe conduct among the users oj
Agua Hedionda Lagoon. The city council does not expand it's liability, if any, for accid
or injuries sustained by the public user of such aquatic areas. Any person utilizing aql
areas does so at their own risk. (Ord. 3222 1 (part), 1987)
Proposed
Remain Unchanged.
11.24.130 Compliance with orders.
Current
It is unlawful for any person to refuse to follow or comply with the rules of the road ado
pursuant to Section 11.24.135 or with any lawful sign, order, warning signals or other la
direction of the lagoon patrol or a lifeguard except for the purpose of rnalng a rescul
for any person without lawful authority to deface, injure, knock down or remove any si€
warning placed for the purpose of enforcing the provisions of this chapter. (Ord. 32;
(part), 1987)
Proposed
It is unlawful for any person to refuse to follow or comply with the boating regula1
adopted pursuant to Section 11.24.135 or with any lawful sign, order, warning signa
other lawful direction of the lagoon patrol or a lifeguard except for the purpose of ma
a rescue, or for any person without lawful authority to deface, injure, knock down or re1
any sign or warning placed for the purpose of enforcing the provisions of this chapter
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11.24.135 Rules of the road.
Current
The city council may by resolution establish rules of the road for Agua Hedionda Lag
including, but not limited to, regulations for water ski takeoff and drop-off areas and ac
to the middle and inner lagoon water. All users of the lagoon shall comply with these rl
(Ord. 3222 1 (part), 19871
Proposed
11.24.135 Boating repulations.
The city council may by resolution establish boating regulations for Agua Hedionda Lag
including, but not limited to, regulations for water ski takeoff and drop-off areas and ac
to the middle and inner lagoon water. All users of the lagoon shall comply with these ru
11.24.140 Constitutionality or invalidity.
Current
If any section, subjection, sentence, clause or phrase of this chapter is for any reason
to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect
validity or constitutionality of the remaining sections, and each section, subsection, sente
clause and phrase hereof would have been prepared, proposed, adopted, approved
ratified irrespective of the fact that any one or more sections, subsections, sentences, cla or phrases be declared invalid or unconstitutional, (Ord, 3222 1 (part)! 1987)
Proposed
Remain unchanged.
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cmcchattl3
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