HomeMy WebLinkAbout1999-11-09; City Council; 15472; Amend Agua Hedionda Lagoon Use RegulationsRECOMMENDED ACTION:
Adopt Ordinance No. NS-509, amending various Sections of Chapter 11.24 of the Carlsbad
Municipal Code to revise regulations for use of the Aqua Hedionda Lagoon.
ITEM EXPLANATION
Ordinance No. NS-509, was introduced and first read at the City Council meeting held on
October 26, 1999. At that time, Council discussion related to whether the ordinance would
prohibit swimming in conjunction with other permitted activities. Section 11.24.085(8) of the
Ordinance has been amended to clarify the regulation of swimming to reflect the Council
discussion at that meeting. The second reading allows the City Council to adopt the ordinance
which would then become effective in thirty days. The City Clerk will have the ordinance
published within fifteen days, if adopted.
FISCAL IMPACT
See Agenda Bill No. 15,456 on file with the City Clerk.
EXHIBITS
1. Ordinance No. NS-509.
2. Text showing revision to Section 11.24.085(8).
Exhibit 2
(2)
g; (5) public accesses;
(6)
Hovercraft (except for official use);
High profile cabin cruisers;
Motorized surfboard-like vessels;
No aircraft shall land on takeoff from the water or public shoreline and
No aquatic vessel races, ski meets, vessel parades or other aquatic
special events on the water are allowed except as authorized by a special events
permit pursuant to Chapter 8.17;
(7) No permanent mooring a vessel; *Sm. _ ..$y&&$p $+ ,l *_ il”, i.&‘<g+$“‘t*‘:, ;,; 4 liW :i~~~i~.&“:i LB”@@$ *;t ““Xi+ ri ;- :*Esap ,,
;;.>p ‘;@$’ I” ‘g ~~~~~~~ No swimming or wading ~~~~~~~,~rrtlces~~~“~~“~~~~q~~~~~~~~~~~~~~~ ‘$g P B *p&qv q&‘<$, -‘s ~pgy,,e.‘“.; ,f @<.L>r> 2,. “,l. _l,*i, ~~~~~~~~~~~~~~~~~; d * * WL‘. >? ..& : El * I (9) This section is not intended to apply to the lagoon owner and/or its
representative, the state, county, city or other political subdivision of the state. The city
does not intend to regulate maintenance, dredging, research, patrol, utility and other
vessels authorized by lagoon owner and/or its representative for its uses in the lagoon.
11.24.110 Water-ski slalom course.
The following shall apply when daylight savings time is in effect (April
through October): The slalom course area may be used in two directions between
sunrise and ten a.m. daily. After ten a.m. the slalom course area will be closed and
unlawful to use. Each pass made through the slalom course area, when closed, shall
constitute a new and separate offense. Between sunrise and ten a.m. daily, powerboats
and skiers shall comply with the following procedures:
(1) No vessel may enter through the slalom course area when another
powerboat is towing a skier.
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1 ORDINANCE NO. M-509
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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
6 The City Council of the City of Carlsbad, California does ordain as follows:
7 SECTION 1: That section 11.24.005 of the Carlsbad
8 Municipal Code is amended to read as follows:
9 “II .24.005 Purpose and Intent .
10 The purpose and intent of this chapter is to. establish and regulate a
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special use area in the inner lagoon area of the Agua Hedionda Lagoon subject to
criminal sanctions. It establishes speed zones, time restrictions, and other regulations
to protect and ensure the safe and enjoyable use of the inner lagoon. These rules and
regulations will be enforced by the Carlsbad Police Departments Police Officers and
Community Service Officers.”
SECTION 2: That section 11.24.010 of the Carlsbad Municipal Code is
amended to read as follows:
“11.24.010 Definitions.
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For the purposes of this chapter the definitions set forth in the State
Harbors and Navigation Code, Vehicle Code and California Administrative Code, as
amended to date, and as follows, shall apply:
(a> “Person.al Watercraft Area” is that portion north of the red marker
buoys at the northwest end of the Inner Lagoon.
@I “Powerboat Area” is the middle area of the inner lagoon, between
the personal watercraft and passive use area;
(c ) “Passive Use Area” is the eastern end of the inner lagoon east of
the red marker buoys.
(d) “Slalom Course Area” is that portion of the Inner Lagoon located
parallel to the southeastern shoreline within both the powerboat and passive use areas,
one thousand eight hundred fifty feet long and no more than one hundred fifty feet north
of the slalom course and one hundred fifty feet west of the passive use area, as defined
by marker buoys.
SECTION 3: That section 11.24.015 of the Carlsbad Municipal Code is
amended to read as follows:
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“I 1.24.015 Special use area-Aaua Hedionda Laaoon.
Of the entire Agua Hedionda Lagoon, consisting of three sections known
as outer lagoon, inner lagoon and middle lagoon, only the inner lagoon is declared to
be a “special use area” defined in California Harbors and Navigation Code section 651
authorized for local rules by 9600(a) as authorized by California Harbors and Navigation
Code Section 660. Use of the inner lagoon is subject to the provisions of this chapter
and any regulations adopted by resolution of the city council.”
SECTION 4: That section 11.24.020 of the Carlsbad Municipal Code is
amended to read as follows:
“II .24.020 Laaoon use permits.
It is unlawful to operate any type of vessel on the inner lagoon without first
obtaining a city annual or temporary lagoon use permit issued by the city manager or
designee, or a daily lagoon use permit issued by Snug Harbor Marina office. The vessel
operator shall display the city‘s annual permit decal in the specified location at all times
or possess and show upon request a valid city temporary or daily lagoon use permit.
The following requirements shall be met to obtain a lagoon use permit:
(1) Permit application and hold harmless indemnity agreement shall be
filled out and signed by a responsible adult;
(2) The current permit fee as established by the city council by resolution
must be paid;
(3) The fee is nonrefundable and nontransferable;
(4) Those vessels that are required by California Department of Motor
Vehicles to obtain vessel registration shall provide a copy of valid vessel registration;
(5) Lagoon use permits are not required for dredging, research, patrolling
or maintenance by the lagoon owner and/or its representative.”
SECTION 5: That section 11.24.030 of the Carlsbad Municipal Code is
amended to read as follows:
“11.24.030 Maximum vessel speed limit.
It is unlawful to operate a vessel at speeds in excess of forty-five miles per
hour except pursuant to a special events permit issued pursuant to Chapter 8.17.”
SECTION 6: That section 11.24.040 of the Carfsbad Municipal Code is
repealed.
SECTION 7: That section 11.24.045 of the Carlsbad Municipal Code is
repealed.
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SECTION 8: That section 11.24.050 of the Carlsbad Municipal Code is
amended to read as follows:
“II .24.050 Inner laaoon - special use area.
The inner lagoon, including all water areas east of Interstate 5, shall be
subject to the following regulations all year round:
(1) Separate areas are established for use by personal watercraft,
powerboats and passive (non-motorized) vessels, with transit corridors adjacent to the
shorelines for transit to and from these separate areas.
(2) Personal watercraft are limited to and shall maintain a
counterclockwise pattern when in the personal watercraft area. A person may’ not
operate nor give permission to operate a personal watercraft for the purpose of towing
a person on water skis, aquaplane or similar device.
(3) Powerboats are limited to and shall maintain a counterclockwise traffic
pattern when in the powerboat area.
(4) Passive vessels are limited to the passive use area, and shall remain
north of the slalom course area when it is in use pursuant to section 11.24.110.”
SECTION 9: That section 11.24.055 of the Carlsbad Municipal Code is
amended to read as follows:
“11.24.055 Fishinq.
Fishing from the shoreline or from a passive vessel shall be limited to the
passive use area; fishing from a powerboat shall be limited to the powerboat area. It is
unlawful to cast fishing lines into any transit corridor or in the traffic pattern of any
vessel.”
SECTION 10: That section 11.24.060 of the Carlsbad Municipal Code is
amended to read as follows:
“11.24.060 Public access.
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
drive a motorized vehicle on a public access when posted for walk-in traffic only;
(2) Passive vessels with a valid city permit may be launched at any public
access;
(3) It is unlawful to launch any personal watercraft or powerboat from any
public access.”
SECTION 11: That section 11.24.065 of the Carlsbad Municipal Code is
repealed.
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SECTION 12: That section 11.24.075 of the Carlsbad Municipal Code is
amended to read as follows:
“11.24,075 Maximum number of vessels on the water.
The maximum number of passive and power vessels (excluding personal
watercraft) using the water in their designated use areas at any one time shall not
exceed forty vessels in the passive use area nor thirty vessels in the powerboat area.
The maximum number of personal watercraft using the personal watercraft area at any
one time shall not exceed fifteen. The maximum number of boardsails using the passive
use area at any one time shall not exceed twenty.”
SECTION 13: That section 11.24.080 of the Carlsbad Municipal Code is
amended to read as follows:
“11.24.080 Maximum vessel lenath.
The maximum vessel length allowed in the inner lagoon, excluding
rescue, research and maintenance vessels, shall be twenty-one feet or less for
powerboats, eighteen feet or less for passive vessels and twelve feet or less for
personal watercraft. Notwithstanding the foregoing, powerboats used for skiing may be
twenty-three feet if the manufacturer’s certified slalom wake rise rating is less than nine
inches.”
SECTION 14: That section 11.24.085 of the Carlsbad Municipal Code is
amended to read as follows
“11.24.085 Prohibited uses.
The city reserves the right to limit the type of vessels and aquatic uses of
the lagoon. The following type of vessels or uses are not allowed on the inner 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 takeoff from the water or public shoreline and
public accesses;
(6) No aquatic vessel races, ski meets, vessel parades or other aquatic
special events on the water are allowed except as authorized by a special events
permit obtained pursuant to Chapter 8.17;
(7) No permanent mooring a vessel;
(8) No swimming or wading, except in conjunction with other permitted
activities under this Chapter;
(9) This section is not intended to apply to the lagoon owner and/or its
representative, the state, county, city or other political subdivision of the state. The city
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does not intend to regulate maintenance, dredging, research, patrol, utility and other
vessels authorized by lagoon owner and/or its representative for its uses in the lagoon.”
SECTION 15: That section 11.24.095 of the Carlsbad Municipal Code is
repealed.
SECTION 16: That section 11.24.105 of the Carlsbad Municipal Code is
repealed.
SECTION 17: That section 11.24.110 of the Carlsbad Municipal Code is
amended to read as follows:
“11.24.110 Water-ski slalom course.
The following shall apply when daylight savings time is in effect (April
through October): The slalom course area may be used in two directions between
sunrise and ten a.m. daily. After ten a.m. the slalom course area will be closed and
unlawful to use. Each pass made through the slalom course area, when closed, shall
constitute a new and separate offense. Between sunrise and ten a.m. daily, powerboats
and skiers shall comply with the following procedures:
(1) No vessel may enter through the slalom course area when another
powerboat is towing a skier.
(2) Only one boat at a time may use the course. Other boats wishing to
use the course will sit at a safe distance not less than 50 feet at the west end of the
designated slalom course area. A skier may take a maximum of four passes through
the course. A boat completing its passes should retrieve its skier and proceed at
speeds less than 5 mph to the waiting area, south beach or powerboat area. The next
boat in line may proceed to the starting area and begin pulling their skier. For the
purposes of this chapter, the definition of a pass shall be one round trip through the
course.
(3) If your skier falls during a pass, the boat must return at a safe speed
to pick up the skier. Each skier is allowed two falls per pass. A failed attempt to get up
is to be considered a fall.
(4) It is unlawful to pull more than one skier within the boundaries of the
designated slalom course area.
(5) The city reserves the right to terminate use of the slalom course by
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 constitutes a safety
or liability concern, the decision of the city shall be binding and conclusive.
When pacific standard time is in effect (November through March), all of
the aforementioned slalom course rules shall remain in effect with the exception of the
time restriction.”
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SECTION 18: That section 11.24.115 of the Carlsbad Municipal Code is
amended to read as follows:
“11.24.115 Boats and skiers.
Boats and skiers shall comply with the following rules and procedures:
(1) Boats shall maintain a counterclockwise pattern in the powerboat area.
(2) No takeoffs or drop-offs are allowed in the personal watercraft area,
vessel corridors, or passive use area at any time.
(3) Takeoff traffic shall standby until the way is safe and clear before
starting.
(4) All drop-offs shall be done parallel to the shoreline; the boat shall
not “hook,” instead it shall remain parallel to the shoreline; once the skier drops off, the
boat shall stop, draw in the towline and when safe, make a small counterclockwise turn
back to the desired beach location.
(5) The maximum number of towlines used behind any boat shall be two;
the maximum number of skiers behind any boat shall be two.
(6) When towing two skiers and one skier falls, the second skier shall let
go of the towline. The boat shall then follow established procedure and safety
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 water ‘skis and
wake boards) is subject to approval by the city, in advance;
(9) No boat shall pull into the beach with tow line dragging behind.
(10) Vessel racing is prohibited unless approved in accordance with
Section 11.24.085.”
SECTION 19: That section 11.24.120 of the Carlsbad Municipal Code is
amended to read as follows:
“11.24.120 Establishment of vessel transit corridors.
When buoys are placed out from the shoreline to establish vessel transit
corridors, it is unlawful to travel on the shore side of such buoys except for the
purpose of transit from one 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
shoreline. No water ski takeoff is permitted in the transit corridor, between the buoys
and the shoreline. No mooring, anchoring or beaching a vessel is allowed in the transit
corridor between sunset and sunrise.”
SECTION 20: That section 11.24.130 of the Carlsbad Municipal Code is
amended to read as follows:
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“11.24.130 Compliance with chapter and orders.
It is unlawful for any person to violate any provision of this chapter,
including to refuse to follow or comply with the regulations adopted pursuant to Section
11.24.135 or with any lawful sign, order, warning signals or other lawful direction of a
police officer, a community services officer or a lifeguard except for the purpose of
making a rescue, or for any person without lawful authority to deface, injure, knock
down or remove any sign or warning placed for the purpose of enforcing the provisions
of this chapter.
Operators of vessels on the lagoon shall, upon approach of a marked
enforcement vessel displaying a blue light, immediately yield the right of way to said
enforcement vessel and, upon direction by the operator of the enforcement vessel,
come to a stop.”
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amended to read as follows:
“11.24.135 Boatina reaulations.
The city council may by resolution establish boating regulations for the inner lagoon.”
~ SECTION 22: That section 11.24.137 of the Carlsbad Municipal Code is
amended to read as follows.
11.24.137 Enforcement bv police department; authoritv of communitv
services officers.
Except for the issuance of Lagoon use permits by the city manager or
designee pursuant to section 11.24.020, the police department shall enforce this
chapter, including violation of any regulations adopted by the City Council pursuant to
section 11.24.135, along with any violation of the California Harbors and Navigation
Code, Penal Code, Vehicle Code, or implementing regulations thereof, pertaining to the
inner lagoon. The Community Service Officer 111s who are assigned by the Chief of
Police or designee to enforce the above referenced laws, ‘are hereby charged with
enforcement of those laws and regulations, and are authorized and empowered to act
pursuant to Penal Code sections 836.5 and 853.6 to arrest or issue a citation to any
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person without a warrant, whenever said officer has reasonable cause to believe that
the person to be arrested or cited has committed a violation of such laws or regulations
which the officer has the duty to enforce and the violation was committed in the officer’s
presence.”
EFFECTIVE DATE: This ordinance shall be effective thirty days after its
adoption, and the City Clerk shall certify the adoption of this ordinance and cause it to
be published at least once in a newspaper of general circulation in the City of Carlsbad
within fifteen days after its adoption.
INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad
City Council on the 26th day of October , 1999, and thereafter
PASSED AND ADOPTED at a regular meeting of the City Council of the
City of Carlsbad on the 9th day of NOVEMBER , 1999, by the following vote, to wit:
AYES: Council Members Lewis, Hall, Finnila, Nygaard, Ku1
NOES: None
ABSENT: None
APPROVED AS TO FORM AND LEGALITY
ATTEST:
AMHA L. l%&%l%lKf@&Z, City Clerk
(SEAL) w
KAREN R. KUNDTZ, Assistant City Cler
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