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HomeMy WebLinkAboutOrd. No. 2010-1275ORDINANCE NO. 1275 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING CHAPTER 8.44 OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING BOW FISHING WHEREAS, the City of Lake Elsinore is obligated by the grant deed from the State of California to use, maintain and improve the Lake for public park and recreation purposes in perpetuity; and WHEREAS, Lake Elsinore has a long history of being overpopulated by Carp; and WHEREAS, the foraging activity of Carp can impair water quality and be a detriment to the successful reproduction of sport fish; and WHEREAS, the City desires to provide a wide array of recreational activities on the Lake; and WHEREAS, public safety is of paramount importance to the City; and WHEREAS, the City desires to enact reasonable conditions for bow fishing for Carp. THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ORDAINS AS FOLLOWS: SECTION 1. That Chapter 8.44 of the Lake Elsinore Municipal Code is hereby amended by adding Section 8.44.055 as follows: 8.44.055 Bow Fishing A. Bow Fishing is defined as tackle that must have the arrow's shaft or the point, or both, securely attached by a line to the bow or to a fishing reel (includes crossbow). B. Bow fishing is permitted by vessel upon the surface waters of Lake Elsinore, except within wading areas, marinas and boating channels. C. Bow fishing by persons walking and /or wading along the shoreline is permitted only upon that portion of the Levee System between Shoreline Zone Identification sign SS2 to Rome Hill. D. Bow fishing is restricted to fishing for Carp only. Ordinance No. 1275 Page 2 of 3 E. Bow fishing is prohibited within 100 feet of any person outside the vessel of the person bow fishing or adjacent to the person bow fishing by shoreline. F. Children 15 years of age or younger are required to be accompanied by an adult in order to bow fish. G. All fish taken by bow fishing shall be removed from Lake Elsinore and disposed of in a proper manner. Disposal of Carp into Lake Elsinore, upon the shoreline of Lake Elsinore or in public trashcans is prohibited. H. The provisions in this Section 8.44.055 are subject to waiver by the City for bow fishing events as may be determined by the City Manager, subject to such events being authorized pursuant to a special event permit as provided in Chapter 5.108. SECTION 2. If any provision, clause, sentence or paragraph of this Ordinance or the application thereof to any person or circumstance shall be held invalid, such invalidity shall not affect the other provisions of this Ordinance and are hereby declared to be severable. SECTION 3. This Ordinance shall take effect thirty (30) days after the date of its final passage or such later date as may be designated by the City Council. The City Clerk shall certify as to adoption of this Ordinance and cause this Ordinance to be published and posted in the manner required by law. PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Lake Elsinore, California, on this 11th day of May, 2010. MELISSA A. MELENDEZ, MAYO CITY OF LAKE ELSINORE IIV I CKIIVI W I T ULCKII APPROVED AS TO FORM: Ordinance No. 1275 Page 3 of 3 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LAKE ELSINORE ) I, Carol Cowley, Interim City Clerk of the City of Lake Elsinore, California, hereby certify that the foregoing Ordinance No. 1275 was introduced at a regular meeting of the City Council of the City of Lake Elsinore on the 27th day of April 2010, and was finally passed at a regular meeting of the City Council of the City of Lake Elsinore held on the 11th day of May, 2010 by the following roll call vote: AYES: COUNCIL MEMBERS: HICKMAN, MAGEE, MAYOR PRO TEM BHUTTA AND MAYOR MELENDEZ NOES: NONE ABSENT: COUNCIL MEMBER BUCKLEY ABSTAIN: NONE -3- INTERIM CITY