HomeMy WebLinkAbout1994-09-13; City Council; 12864; ADOPTION OF ORDINANCE NO. NS-292-AGUA HEDIONDA LAGOON REGULATIONSWY OF CARLSBAD - AGYDA BILL
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e I AB #f e 1 TITLE: ADOPTION OF ORDINANCE NO. NS-292 - I DEP
MTG. 9/13/94 AGUA HEDIONDA LAGOON REGULATIONS
(DEPT. CLK I 1:;;;
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RECOMMENDED ACTION:
Adopt Ordinance No. NS-292, amending Title 11 of the Carlsl:
Municipal Code by the amendment of Chapter 11.24 to revise 4
regulations for Agua Hedionda Lagoon.
ITEM EXPLANATION
Ordinance No. NS-292 was introduced at the regular City Counc meeting of September 6, 1994. The second reading allows Counc to adopt the ordinance which would then become effective thirty days. The City Clerk will have the ordinance publid within fifteen days, if adopted.
FISCAL IMPACT
See Agenda Bill No. 12,851 on file with the City Clerk.
EXHIBIT
1. Ordinance NO. NS-292.
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ORDINANCE NO. NS-292 2
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, AMENDING TITLE 11 OF
THE CARLSBAD MUNICIPAL CODE BY THE AMENDMEN
OF CHAPTER 11.24 TO REVISE THE REGULATIONS
FOR AGUA HEDIONDA LAGOON
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"Chapter 11.24 8
amended to real as follows:
SECTION 1: That Chapter 11.24 of the Carlsbad Municipal Code
AGUA HEDIONDA LAGOON
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Sections:
11.24.005
11.24.010
11.24.015
11.24.020
11.24.030
11.24.035
11.24.040
11.24.045
11.24.050
11.24.055
11.24.060
11.24.065
11.24.075
11.24.080
11.24.085
11.24.095
11.24.100
11.24.105
11.24.110
11.24.115
11.24.120
11.24.125
11.24.130
11.24.135
11.24.140
Application
Definitions
Special Use Area - Agua Hedionda Lagoon
Lagoon use permits
Maximum vessel speed limit
Operation of vessels at night
Middle lagoon
Outer lagoon
Inner lagoon
Fishing
Public access
Private launch ramp
Maximum number of vessels on the water
Maximum vessel length
Prohibited uses
Area for swimming and wading
Throwing waste or refuse in water or on public
or shoreline
Aquatic special events
Water skiing slalom course
Ski Boats and Skiers
Establishment of vessel transit corridors
City's liability - Use of areas at own risk
Compliance with orders
Boating regulations
Constitutionality or invalidity
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11.24.005 Application. The provisions of sections 11.24.010 through 11.2
apply to Agua Hedionda Lagoon.
11.24.010 Definitions. For the purposes of this chapter the definitions ou
in the State Harbors and Navigation Code, Vehicle Code and California Administ
Code shall apply.
11.24.015 Special use area - Aeua Hedionda Lagoon. The entire Agua He(
Lagoon, consisting of three sections known as outer lagoon, inner lagoon and r
lagoon are declared to be a special use area and under the provisions of the Cali
Harbors and Navigation Code Section 660. Use of the lagoon is subject to the pro1
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 ves
the water without first obtaining an annual or temporary lagoon use permit issued
city’s parks and recreation department or a daily lagoon use permit issued by
Harbor Marina office. The vessel operator shall display the city’s annual permit
in the specified location at all times or possess and show upon request a valid teml
lagoon use permit. The following requirements shall be met to obtain a lagoc
permit:
(1) Permit application and hold harmless indemnity agreement shall be fill
(2) The current permit fee as established by the city council by resolutiol
(3) The fee is non-refundable and non-transferable;
(4) Annual permit fee is based on the calendar year, January 1st tl
December 31st and shall be half-priced when purchased anytime between Octobt
and December 31st;
(5) Annual permit fee for boardsails and other passive vessels eight feet 1
shall be one-half the established annual fee. An additional boardsail permit dec
be purchased for an owner’s personal use at an annual fee as established by t
council be resolution;
(6) One daily permit fee may be credited toward the full purchase of an
permit, by submitting the daily fee receipt with an annual permit application, ar
prior to October 15;
(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
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.
(IO) Lagoon use permits are not required for dredging, research, patro
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11.24.030 Maximum vessel smd limit. It is unlawful to operate a ve:
1 speeds in excess of forty-five miles per hour except pursuant to a special ope1
permit issued by the chief of police upon authorization of the city council subject t 2 terms and conditions as the city council deems necessary.
3 11.24.035 Operation of vessels at night. Between sunset and sunrir
4 following day, no person shall operate a vessel at speeds in excess of five miles pel
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11.24.040 Middle Lagoon. The middle lagoon, including the water area bf
Interstate 5 and the railroad tracks, is for use by passive vessels. It is unlawful to o
a powered vessel at any time on the middle lagoon except by safety, maintena
research personnel without written authorization by San Diego Gas and E
Company or their representative.
11.24.045 Outer Lagoon. The outer lagoon, including the water area bc
Carlsbad Boulevard and the railroad tracks, is limited to use by San Diego G
Electric Company and those activities specifically approved in writing by San Die,
and Electric Company including marine research and fishing from the west short
posted areas. It is unlawful to operate any power or passive vessel in the outer
without written approval by San Diego Gas and Electric Company except for the p
of making a rescue or conducting safety service operations including search and re
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 wat
and passive vessels, with boat corridors adjacent to the shorelines for transit to ar
these separate areas;
(2) Personal watercraft shall be limited to use in Snug Harbor, betwt
north side of the sandbar and the boat corridors along the north, east ar
shorelines. Personal watercraft will maintain a counterclockwise pattern when
area. A person may not operate nor give permission to operate a personal wa
~ for the purpose of towing a person on waterskis, aquaplane or similar device.
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is a Class A vessel (under 16 feet) which:
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a) Has an inboard motor which uses internal combustion enpe powering a w
pump as its primary source of motive propulsion;
b) Is designed with the concept that the operator and passenger ride on the
surfaces of the vessel as opposed to riding inside the vessel;
c) Has the probability that the operator and passenger may, in the normal c(
use, fall overboard;
d) Is designed with no open load carrying area which would retain water; anc I e)
Is rated for a maximum of two persons.
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1 (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 2
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use area; powerboats shall maintain a counterclockwise traffic pattern when in the pl
vessel area;
the inner lagoon, within the passive use area. 4
(4) Passive vessels and boardsails shall be limited to use in the eastern er
5 11.24.055 Fishiw. Fishing from the shoreline or from a passive vessel sh2
limited to the passive use area; fishing from a power vessel shall be limited tc 6
pattern of water ski boats and skiers. 7
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 8 round regulations:
(1) Open for walk-in traffic only, from sunrise to sunset; it is unlawful to lo a motorized vehicle on a public access when posted for walk-in traffic only;
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(3) It is unlawful to launch a motorized vessel from any public access. 12
(2) Passive vessels with a valid city permit may be launched at any 1
access;
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!I 11.24.065 Private launch ramp. Snug Harbor Marina is a privately owne
operated launch ramp. Vessels launched from Snug Harbor shall be subject
following regulations and procedures all year-round:
(1) Powerboats, personal watercraft, and passive vessels shall transit tl
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 trans
the marina to the powerboat area.
(3) The east boat corridor is limited to traffic heading northwest retur: the marina and to Bristol Cove personal watercraft and passive vessels going to an
the designated use areas.
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11.24.075 Maximum number of vessels on the water. The maximum numt
passive arid power vessels (excluding personal watercraft) using the water in
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 an
time shall not exceed twelve. The maximum number of boardsails using the passi\
area at any one time shall not exceed twenty.
11.24.080 Maximum vessel length. The maximum vessel length allowed
inner lagoon, excluding rescue, research and maintenance vessels, shall be twenl
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 a1
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 shoreli
(6) No aquatic vessel racing is allowed except as authorized by city COI
(7) No mooring a vessel except in an area so designated;
(8) This section is not intended to apply to San Diego Gas and E
Company, the state, county, city or other political subdivision of the state. The ci
not intend to regulate maintenance, dredging, research, patrol, utility and other
authorized by San Diego Gas and Electric Company for uses in the lagoon.
public accesses;
accordance with section 11.24.105;
11.24.095 Areas for swimminp or wading, No swimming or wading fror
shall be permitted in the lagoon except as authorized in writing by San Diego C
Electric Company in the middle and outer lagoon.
11.24.100 Throwing waste or refuse in water or on public access or shol
It is unlawful to place waste or refuse of any kind in the water, on the short
public access except in designated waste or refuse containers.
11.24.105 Aauatic special events. Boat races, ski meets, boat parades, 1
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 condit:
establish special regulation as the council deems necessary.
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11.24.110 Water skiing - slalom course. The privately owned and maintl
1 slalom course, open for use by the public, may remain in Agua Hedionda Lagoon SI
to removal when directed by the city council. The overall slalom course area, lo 2 parallel to the southeastern shoreline within both the powerboat area and passiv
area is 1,850 feet long and no more than 100 feet north of the slalom course, as de 3 by marker buoys. The following shall apply when daylight savings time is in effect (
4 -October): The course may be used in two directions between sunrise and 1O:OO am
After 1O:OO am the course will be closed and unlawful to use. Each pass made th
5 the course, when closed, shall constitute a new and separate offense. Between SI
and 1O:OO am daily, powerboats and skiers shall comply with the following procec 6
7 (1) No vessel may enter through the slalom course area when another
is towing a skier.
the course will sit at a safe distance at the west end of the designated slalom courst
9 A skier may take a maximum of four passes through the course. A boat complel
passes should retrieve its sluer and proceed at wakeless speed to the waiting area. lo beach or powerboat area. The next boat in line may proceed to the starting arc
11 begin pulling their skier. For the purposes of this chapter, the definition of a pas
a (2) Only one boat at a time may use the course. Other boats wishing
be one round trip through the course.
pick up the skier. Each sluer is allowed two falls per pass. A failed attempt to l3
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is to be considered a fall.
(4) It is unlawful to pull more than one skier within the boundaries
15 (5) The city reserves the right to terminate use of the slalom course
16 (6) In the event of any dispute or question as to what constitutes a sa
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18 When Pacific Standard Time is in effect (November - March), all of the aforeme1
slalom course rules shall remain in effect with the exception of the time restrict
11.24.115 Ski boats and skiers. Ski boats and skiers shall comply v
12 (3) If your skier falls during a pass, the boat must return at a safe sp
designated slalom course area.
vessel or skier at any time based on safety and liability concerns.
liability concern, the decision of the city shall be binding and conclusive.
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following rules and procedures: 2o
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21 (1) Ski boats shall maintain a counterclockwise pattern in the powerbc
(3) Water skiers will start from deep water, south of the sandbar, or f 23
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south beach shoreline; no takeoff or drop-off allowed in Snug Harbor Marin2
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(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 :
"hook", instead it shall remain parallel to the shoreline; once the skier drops-of1
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counterclockwise turn back to the desired beach location. 27
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22 (2) No ski boat shall enter the pattern at more than a forty-five degre
time.
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(6) The maximum number of towlines used behind any one vessel shall bc
1 the maximum number of skiers behind any one vessel shall be two.
of the towline. The ski boat shall then follow established procedure and 2 (7)- When towing two skiers and one skier falls, the second skier shall
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precautions for skier pick-up and takeoff procedures.
approval by the city, in advance and when approved, such use shall comply wil
requirements of this section.
(8) Towing of any object or aquatic device (excluding water skis) is subj
(9) No boat shall pull into the beach with ski line dragging behind.
(10) Boat and other water vehicle racing is prohibited unless appro\
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accordance with Section 11.24.105.
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8 from the shoreline to establish vessel transit corridors, it is unlawful to travel (
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shore side of such buoys except for the purpose of transit from one area to anot
speeds not to exceed five miles per hour. No towing of any aquatic device or pe:
allowed between the buoys and the shoreline. No water ski takeoff is permitted
boat corridor, between the buoys and the shoreline.
11.24.125 Citv's liability--Use of areas at own risk. The city declares its pi
The city council does not expand it's liability, if any, for accidents or injuries sus
by the public user of such aquatic areas. Any person utilizing aquatic areas doe
in adopting this chapter is safe conduct among the users of the Agua Hedionda L,
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with any lawful sign, order, warning signals or other lawful direction of the lagoon 16 follow or comply with the boating regulations adopted pursuant to Section 11.24
11.24.130 Compliance with orders. It is unlawful for any person to re!
or a lifeguard except for the purpose of making a rescue, or for any person \ I? lawful authority to deface, injure, knock down or remove any sign or warning pla
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19 11.24.135 BoatinP regulations. The city council may by resolution e!
boating regulations for Agua Hedionda Lagoon including, but not limited to, reg1 2o
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for water ski takeoff and drop-off areas and access to the middle and inner lagoor
All users of the lagoon shall comply with these rules.
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11.24.140 Constitutionalitv or invaliditv. If any section, subjection, se
clause or phrase of this chapter is for any reason held to be invalid or unconstit
such invalidity or unconstitutionality shall not affect the validity or constitutionalit
remaining sections, and each section, subsection, sentence, clause and phrase
would have been prepared, proposed, adopted, approved and ratified irrespectiv
fact that any one or more sections, subsections, sentences, clauses or phrases be d
invalid or unconstitutional.
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"WHEREAS, the boating regulations for Agua Hedionda Lagoon have
reviewed and certain changes are recommended to benefit the City and the public
"WHEREAS, the Department of Boating and Waterways has the authority
state law to review all amendments to the Agua Hedionda Lagoon ordinance; an
"WHEREAS, the Department of Boating and Waterways conducted such a r
and directed the City to repeal Carlsbad Municipal Code Section 11.24.070 which
that Bristol Cove is a private residential cove restricted to use by owners and tenan
regulates it accordingly; and
"WHEREAS, the issue of whether Bristol Cove is a private residential co
private matter.
NOW THEREFORE BE IT RESOLVED by the City Council of the (
Carlsbad, California as follows:
EFFECTIVE DATE: This ordinance shall be effective thirty days ai
adoption, and the City Clerk shall certify the adoption of this ordinance and cau!
be published at least once in a newspaper of general circulation in the City of Cz
within fifteen days after its adoption.
INTRODUCED AND FIRST READ at a regular meeting of the Carlsb:
Council on the 6th day of SEPTEMBER , 1994, and thereafter
PASSED AND ADOPTED at a regular meeting of the City Council of tl
of Carlsbad on the 13th day of SEPTEMBER , 1994, by the followin
to wit:
AYES: Council Members Lewis, Stanton, Kulchin, Nygaard, Finnil
NOES: None
ABSENT: None
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2 APPROVED AS TO FORM AND LEGALITY
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RONALD R. BALL,, City Attorney 7- /c- 9w.
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ATTEST:
ALETHA L. RA
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Ordinance No. NS-393
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CMCORD.RES 8/94
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