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HomeMy WebLinkAboutItem No. 44CITY OF LAKE ELSINORE MEMORANDUM TO: Mayor and City Council FROM: Ron Molendyk, City Manager. DATE: June 8,1 993 SUBJECT: Lake Transfer /Boating Regulations /Revised ' BACKGROUND With the culmination of the transfer of Lake Elsinore from the California Department of Parks and Recreation to the City of Lake Elsinore on or about July 1, 1993, it will be necessary for the City of Lake Elsinore to adopt the existing California Administrative Codes dealing `with Lake Elsinore and adopt the Harbors and Navigation Code /California Boating Law. DISCUSSION As follow up to the May 25, 1993, City Council direction, staff has revised ordnance 957 to incorporate the District Superintendent orders into the numerical system. District superintendents orders A through F have been placed into the system where they should naturally be, and in the case of duplications, they were eliminated. The original report has been included, should the City Council have any questions. FISCAL IMPACT ' The cost to the City will be staff time and printing costs to modify the City Code Books. There will also be revenues generated due to any citations written on the new City ordinances once the transfer is complete. RECOMMENDATION It is recommended the Mayor and City Council adopt the attached. ordinances. Prepared By: Approved By: Manager Special Projects City Manager Approved for Agenda: . Ron MolVdyk- City-Man /�QENDA ITEM C »O. C: \MOLENDYK \NATENPAUGH \009693.AGN PAGE, Or h ORDINANCE NO. 951 AN ORDINANCE OF THE CITY OF LAKE ELSINORE AMENDING CHAPTER 9.96 OF, THE LAKE ELSINORE MUNICIPAL CODE RELATING TO BOATING REGULATIONS. WHEREAS, on or about July 1, 1993, the City of Lake Elsinore will receive transfer of the Lake from the State California; and WHEREAS, this transfer will necessitate the adoption of boating regulations at the City level to allow for proper enforcement; NOW, THEREFORE, THE CITY OF LAKE ELSINORE DOES ORDAIN AND . ESTABLISH SECTIONS 9.96.070 THROUGH 9.96.180 AS FOLLOWS: 9.960.70. CONSTRUCTION No person shall wharf out or erect quays, jetties, piers, breakwaters, groins, moles, wharves, docks, bathhouses, or any structures whatsoever floating or otherwise upon or in Lake Elsinore City Recreation Area or water of Lake Elsinore except by permission of concession in writing by the City of Lake Elsinore. 9.96.80. TRAFFIC PATTERNS All boat traffic shall move in a counterclockwise direction_ measured from the center of Lake Elsinore. No person shall operate or cause a boat to move in a clockwise direction or turn around except in the five mile per hour zones, which are non - directional, or except in any zone when a person has fallen overboard or when a skier has fallen, and then only for the purpose of retrieving the fallen person. 9.96.90. SKI TOW ROPE No person shall operate a boat with a ski tow line exceeding 75 feet except in the fast boat zone. 9.96.100. TOWED EQUIPMENT No person shall tow with a boat any devices which may be used to carry persons other than water skis or aquaplanes without the written permission from the City in a special exhibition or event. 9.96.110. SAILBOATS No person shall operate a sailboat within the fast boat zone. AM-NDA ITEM No. 9.96.120. BOAT SPEED LIMITS No person shall operate a boat in a_unit at speeds in excess -of -that authorized for the area in which the boat is operating. Boat 'speed limits shall be' designated and posted. a) The maximum allowable boat speed limit of Lake Elsinore is 35 miles per hours, .except in the designated high speed zone. b) Five miles per hour (idle /wakeless forward motion) is the maximum allowable speed in: 1) Buoyed areas - shoreline to buoys 2) During, restricted visibility (visibility less than 1,000 feet, fog haze and /or smoke). 3.) Within 100 feet of a, person in water. 9.96.130. OPERATING BOATS DURING ,NIGHTTIME Where night boating is authorized,, no person shall operate a boat at- speeds in excess of five ,(5) miles per hour. 9. 96.140. VESSELS (a) No person shall beach, land, launch, moor, dock, or berth a vessel, boat or any other object overnight- except in areas so designated and posted by the Department. (b) The Department may, by posting of an .order, specify locations, conditions, and limitations for the beaching, landing, . launching, mooring, docking, or berthing of a vessel, boat, or any other object. No such posting of notices shall apply until signs or markings giving notice thereof have been.placed. , (c) Beached or abandoned vessels, boats, or any other - objects are to be 'removed by the registered owner from City property within twenty -four (24) hours of notification. The last registered owner of record is responsible and is thereby liable for the cost of removal and disposition of the vessel, boat, or other object beached or abandoned. (d) Persons aboard sailboards must have aboard a United States, Coast Guard approval, personal'flotation device (Type I, TI, III, or IV) for each person aboard the sailboard, when the sailboard is operated on the water. The personal flotation device must be readily accessible at all time. (e) Submersible vessels are not permitted. (f) Hovercraft or other types of vehicles, that are capable of low level flight over land or water on a cushion of air formed by downward direction of air, are not permitted. 9.96.150. DISPOSAL OF WASTE FROM BOATS Any boat must be so constructed or equipped that all wastes, including but not limited to shower water and human waste, are discharged into a holding tank. Such wastes shall only be discharged in on shore disposal facilities. 9.96.160- INSPECTIONS (a) A City peace officer or peace officer with concurrent jurisdiction may inspect any vessel or boat at any time for compliance with all applicable laws, rules and /or regulations. Any person who refuses to allow such inspection shall immediately remove his vessel from the waters of the park system. (b) No person shall operate a boat or vessel when such boat or vessel does not comply with all applicable laws,' rules and /or regulations. (c) No boat shall remain launched or in continuous use in the City park system for more than 30 days except by concession granted. L AM14DA of 9.96.170 RESTRICTED USE a) The following lands and facilities at the Lake Elsinore Recieation Area are closed or restricted to all persons, other than City employees or authorized individuals in the follow manner. 1) Wells - number one, two and, three 2) Sites posted with buoys or fencing, depending on water level. 3) No person shall be within fifty (50) feet of said facility, except as authorized by the City. 4) No person shall operate a radio - controlled model replica device unless authorized through an approved special event permit. 5) Operation of radio- controlled model replica devices will occur only in designated areas as identified in the approved special event permit. 6) Portions of the lake may be closed to boating activity, as the lake level recedes and exposes hazards. Affected portions will be posted with buoys, stating "closed to boats. 7) No person shall berth, moor,, dock, or- otherwise secure any vessel or other object, fish, dive, or swim form the City patrol dock facility located on Lake Elsinore. 9.96.180 No vessel shall cast off, weigh anchor, or launch when the following conditions exist: a) During nighttime hours (k hour after sunset to k hour before sunrise. ,.b) No personal water craft or power boats with less than six (6) inches of freeboard (measured from the water surface to the lowest portion of the gunwale), will launch, weigh anchor, cast off, or remain on Lake Elsinore when the wind speed reaches or exceeds thirty -nine (39) miles per hour (gale warnings).. c) The lake surface is closed to vessels or similar objects when a wind speed of fifty =five (55) miles per hour or greater is reached (full gale). d) Launching of any vessel shall only occur at authorized launch ramp facilities or from private property when such property is inundated by waters of Lake Elsinore. C: \008493.SUP I- - - -- - aMHDA ITEM r:o. Pgr_r- ___LL OFD. ORDINANCE; NO. AN ORDINANCE OF THECITY'OF LAKE ELSINORE AMENDING CHAPTER '9.96 OF THE LAKE ELSINORE MUNICIPAL CODE RELATING TO BOATING REGULATIONS. WHEREAS, on or•about'July 1, 1993,'the City of Lake Elsinore will receive transfer of the Lake from the State California; and WHEREAS, this transfer will necessitate the adoption of boating regulations at the City level to allow for proper enforcement; NOW, THEREFORE, THE CITY OF LAKE ELSINORE DOES ORDAIN AND ESTABLISH SECTIONS 9.96.070 THROUGH 9.96.180 AS FOLLOWS: 9:96 :070. CONSTRUCTION No person shall wharf out or erect > quays,- jetties, piers, breakwaters, groins, moles, wharves, docks; bathhouses, or any structures whatsoever floating or otherwise upon or in' Lake Elsinore City Recreation Area or water of Lake Elsinore except by permission of concession in writing by the City of Lake Elsinore. 9 :96'.080: TRAFFIC'PATTERNB All boat traffic shall move in a counterclockwise direction' measured from the center of Lake Elsinore. No person shall operate or cause a boat to move "in a clockwise direction'or turn around except in the five mile per hour zones, which are non - directional, or except in any zone when a'person has fallen - overboard or when a skier has fallen, and then only for the purpose of retrieving the fallen person. .'9.96.090. -SKI TOW ROPE No.person shall operate a'boat with a ski tow line exceeding 75 feet except in the fast boat zone. 9.96.100. TOWED EQUIPMENT No person shall tow with a boat "any devices which may be used to carry persons other than -water skis or a4uaplanes without the written permission from the City in a special exhibition or event. 9:96.110. SAILBOATS No person shall operate a sailboat within the fast 'boat zone. AGENDA VTEMLNo. Ll 9:.96.120. BOAT SPEED LIMITS No person shall operate a boat in a unit at speeds in excess of that authorized for the area in which the boat is operating. Boat speed limits shall be designated and posted. a) The maximum allowable boat speed limit of Lake Elsinore is 35 miles per hours, except in the designated high speed zone. b) Five miles per hour (idle /wakeless forward motion) is the maximum allowable speed in: 1) Buoyed areas - shoreline to buoys 2) During restricted visibility (visibility less than 1,000 feet, fog haze and /or smoke). 3.) Within 100 feet of a'person in water. 9.96.130. OPERATING BOATS DURING NIGHTTIME Where night boating is authorized, no person shall operate a boat at speeds in excess of five (5) miles per hour. 9.96.140. VESSELS (a) No person shall beach, land, launch, moor, dock, or berth a vessel, boat or any other object overnight except in areas so designated and posted by the Department. (b) The Department may, by posting of an order, specify locations, conditions, and limitations for the beaching, landing, launching, mooring, docking, or berthing of a vessel, boat, or any other object. No such posting of notices shall apply until signs or markings giving notice thereof have been placed. (c) Beached or abandoned vessels, boats, or any other objects are to be removed.by the registered owner from.City property within twenty -four (24) hours of notification. The last registered owner . of record is responsible and is thereby liable for the cost of removal and disposition of- the .vessel, boat, or other object . beached or abandoned. (d) Persons aboard sailboards must have aboard a United States Coast Guard approval, personal flotation device (Type I, II, III, or IV) for each person aboard the sailboard, when the sailboard is operated on the water. The personal flotation device must be readily accessible at.all time. (e) Submersible vessels are not permitted. (f) Hovercraft or other types of vehicles, that are capable of low level flight over land or water on a cushion of air formed by downward direction of air, are not permitted. 9.96.150. DISPOSAL OF WASTE FROM BOATS Any boat must be so constructed or equipped that all.wastes, including but not limited to shower water and human waste, are discharged into a holding tank. Such wastes, shall only be discharged in on shore disposal facilities. 9.96.160. INSPECTIONS (a) A City peace officer or peace officer with concurrent jurisdiction may inspect any vessel or boat at any time for compliance with all applicable laws, rules and /or regulations. Any person who refuses to allow such inspection shall immediately remove his vessel from the waters of the park system. (b) No person shall operate a boat or vessel when such boat or vessel does not comply with all applicable laws, rules. and /or regulations. (c) No boat shall remain launched.or in continuous use in the City park system for more than 30 days except by concession granted. � Acewp' 1'TE-M NO. .-.� 9.96.170 RESTRICTED USE a) The following lands .and,,facilities at the Lake Elsinore Recre-ation Area are closed or restricted to all persons, other than City employees or authorized individuals in the follow manner. 1) Wells number one, two and, three 2) Sites posted with buoys or fencing, depending on water level. 3) No person shall be within fifty (50) feet of said facility, except as authorized by the City. 4) No person shall operate a radio - controlled model replica device unless authorized through an approved special event permit. 5) Operation of radio - controlled model replica devices will occur only in designated areas as identified in the approved special event permit. 6) Portions of the lake may be closed to boating activity, as the lake level recedes and exposes hazards. Affected portions will be posted with buoys; stating "closed to boats. 7) No person shall berth, moor, dock, or otherwise'secure,any vessel or other object, fish, dive, or swim form the City patrol dock facility located on Lake_Elsinore. " 9.96.180 LAUNCHING No vessel shall cast off, weigh'anchor, -or launch when the following conditions exist:, a) During nighttime hours (h" hour after sunset to 4 "hour before sunrise. b) No personal water craft or power boats with "less than six (6) inches of freeboard (measured from the water surface to the lowest portion of the gunwale), will launch, weigh anchor, cast" off, or remain on Lake Elsinore when the wind speed reaches or exceeds thirty -nine (39) miles per hour (gale warnings). c) The lake surface,is closed'to vessels or similar objects when a wind speed of fifty -five (55) miles per hour or greater is reached (full gale). d) Launching of any vessel shall only occur at authorized launch ramp facilities or from private property when such property is inundated by waters of Lake Elsinore. AGENDA ITEM NO. J I C: \008493.SUP _ G OF CITY OF LAKE ELSINORE REPORT TO'CITY COUNCIL TO: Mayor and City Council FROM: Ron Molendyk, City Manage DATE: May 25, 1993 SUBJECT: Lake Transfer /Boating Regulations BACKGROUND With the culmination of the transfer of Lake Elsinore from the California Department of Parks and Recreation to the City of Lake Elsinore on or about July 1, 1993, it will be necessary for the City of Lake Elsinore to .adopt the existing, California Administrative Codes dealing with Lake Elsinore and adopt the Harbors and Navigation Code /California Boating Law. Due to the transfer of the lake from the state to the City, the state regulations will no longer be in effect. Thus, the City needs to adopt as new City Ordinances, the California Administrative Codes that currently provide the rules, regulations and enforcement pertaining to Lake Elsinore. The following is a listing of the codes as they appear in the California Administrative Code (Title XIV, Division 3, Chapter 6); 4605. Lake Elsinore State Recreation Area 4605.1 Lake Elsinore State Recreation Area 4605.2 Construction 4605.3 Traffic Patterns 4605.4 Ski Tow Rope 4605.5 Towed Equipment 4605.6 Sailboats 4658 Boat Speed Limits 4659 Operating Boats During Nighttime 4660 Vessels 4661 Disposal of Waste from Boats 4662 Inspections In addition, it is important that the City adopt all District Superintendent's Orders: No. 436 -88 -8 A) B) C) No. 436 -88 -005 A) B) C) No. 436 -89 -3 A) B) No. 436 -93 -2 A) B) C) D) E) F) Safety devices on sailboats Submersibles vessels Hover craft Well areas Buoyed /fenced areas Closed area Radio controlled models Radio controlled models Boat speed (map) Restricted speed areas Lake closures due to winds Traffic pattern Lake closed due to hazards Use of Patrol Dock yu = AGENDA IT:-` Qr` For the City Councils information, attached are the original California Administrative Codes, and District Superintendent's Orders as well as the modified copies to be adopted as City Ordinances. A copy of the Harbors and Navigation Code is in the City Clerks office if you wish to review it. IBCAL IMPACT The cost to the City will be staff time and printing costs to modify the City Code Books. There will also be revenues generated due to any citations written on the new City ordinances once the transfer is complete. RECOMMENDATION It is recommended the Mayor and city Council adopt the attached ordinances and authorize the Mayor and City Clerk sign them and bring them back for second reading June 22, 1993. Prepared By: Approved By: Phyllis Rogers Assistant City Manager Approved for Agenda Ron Molendyk City Manager AVENDA ITEM NO. _ w1 L C: \008493.MEM \ PAGE 9 OF 9 .�,..