HomeMy WebLinkAboutItem No. 34CITY OF LAKE ELSINORE'
REPORT TO CITY COUNCIL
TO: Mayor and City Council
FROM: Ron Molendyk, City Manager
DATE: May 25, 1993
SUBJECT: Lake Transfer /Boating Regulations
BACKGROIIND
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)
Safety devices on sailboats
Submersibles vessels
Hover craft
Well areas
Buoyed /fenced areas
Closed area
Radio controlled models
Radio controlled models
No. 436 -93 -2 A) Boat speed (map)
B) Restricted speed areas
C) Lake closures due to winds
D) Traffic pattern
E) Lake closed due to hazards
F) Use of Patrol Dock
AGENDA ITEM NO. 31A
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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.
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.
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:
Approved for
Agenda
C: \008493.MEM
Manager
Ron Molendyk
City Manager
AGENDA ITEM NO. 3 LA
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ORDINANCE NO. q rJ
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.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.
9.96.90. 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.
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.
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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.
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 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.
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AGENDA ITEMC �NO. ✓
CALIFORNIA ADMINISTRATIVE CODE 4605.3
(Title XIV, Div. 3, Chapter 6)
4605.3. Traf6e 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.
Authority Cited: Public Resources Code Section 5007. Reference Cited: Public Resources Code Section
5(108.
4605.4. Ski Tow Rope.
_ No person shall operate a boat with a ski tow line exceeding 75 feet except in the
fast boat zone.
Authority Cited: Public Resources Cade Section 5003. Reference Cited: Public Resources Code Section
5008.
4605.5. 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 District
Superintendent in a special exhibition or event. r
Authority Cited: Public Resources Code Section 5007.
4605.6. Sailboats.
No person shall operate a sailboat within the fast boat zone.
Authority Cited: Public Resources Code Section 5003. Reference Cited: Public Resources Code Section
I 5008.
4606. Lake Natoma. Folsom (Ake State Recreation Area.
In the interest of public safety. no person shall water-ski in the Lake Natoma area
of Folsom Lake State Recreation Area.
NOTE: Authority Cited: Sections 5003 and 5008, Public Resources Cade. Refemnca: Section 506. 546,
5003, and 5008. Public Resources Code. -
_ 4607. Benbow Lake State Recreational Area.
No person shall operate a power -driven vessel on Benbow Lake except for
administrative purposes with approval of the District Superintendent.
Authority Cited: Public Resources Code Section 5003.
4608. Mt. San Jacinto State Wildemess.
To preserve and enhance the wilderness resources inherent to Mt. San Jacinto
State Wilderness appropriate carrying capacities shall be established by the District
Superintendent. Carrying capacities may change to accommodate fluctuating
resource management needs. However, at no time shall the number of persons
camping in the'state wilderness exceed 400.
Wilderness permits are required by all persons entering Mt. San Jacinto State
Wilderness for day use, camping, or any other purpose, so that the carrying capacity
of the wilderness will not be exceeded.
No person shall enter Mt. San Jacinto State Wilderness for day use, camping, or
any other purpose without first obtaining the required permit.
NOTE: Authority Cited: Section 5003 and M. Public Resources Code. Reference: Sections 5001.5,
5001.96,5003. 5008.5017. 5019.5, and Article 1.7, Chapter 1, Division 3, and Chapter 1.3, Division 5. Public
Resources Code. .
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' - CALIFORNIA ADMINISTRATIVE CODE 4605
. (Title XIV, Div. 3, Chapter 6)
N
Sections 15, 17, 20, to 29 inclusive and 32, 33, 34, 35, Township 14 South, Range 9
East, S. B.B. &M. and Sections I, 2, 3, 4, 5, 6, 10, and 15 inclusive, the east half of all of
Lots 5, 6, 7, 8, 9, 10, 11, 13, 15, 16, 17, 19, 19, 20, 30, 31, and 32 of Section 7 and east
half of Lots 5,6,7,8,9, 10,A I, 12, 13, 14,15,16, 17, 18,19, 20, 21, 22, 23, 24, 25, 26, 27,
28, 29, 30, and 31 of Section 18, east half and east half of west half and Lots 1, 2, 3, 4,
in Section 16; north half, north half of south half, southeast quarter of southwest
quarter, south half of southeast quarter, and Lot 1 of Section 9; Lots 1, 2, 3, 4, 5, 6,
and 7 of Section 17, Township 15 South, Range 9 East, S.B.B. &M.
Said area is further described and delineated on that map entitled "Carrizo Closure
Map" filed in the director's office and posted in the office of the District
Superintendent of Anza - Borrego Desert State Park.
No person shall during the effective period of this regulation enter the Cerrito
Impact Area; provided, however, that personnel of the armed forces of the United
States may enter for the purposes of decontamination and ordnance disposal;
provided, further, that public officers of the United States, of the state, and of other
public agencies and their employees, contractors, and agents, may enter for a public
purpose only on prior permission in writing by the District Superintendent on such
terms and conditions as may be prescribed; and provided, further, that nothing herein
contained shall be construed in derogation of any right therein heretofore by
instrument duly granted.
NOTE: Authority Cited: Sedions 5003 and 5009, Public Resources Code. Reference: Sections 506, 546,
5003, and 5009. Public Resources Code.
4605. Lake Elsinore State Recreation Area.
The supply, state, occurrence, condition, and existence, and each of them, or any of
them, of the waters of Lake Elsinore State Recreation Area or Lake Elsinore or the
conduits and tributaries thereto, thereof, and therefrom, are uncertain, interruptible,
intermittent, and subject to availability, to appropriations, and to the proprietary and
regulatory control and management of the officers by law vested with jurisdiction and
control thereof and charged with duties therein. Lake Elsinore may from time to time
be partially or completely filled or supplied through the purchase of an interruptible
supply of water made available to the Department by the Metropolitan Water
District and others, or any of them, for such purpose, and the continuation of such
supply may be curtailed or terminated at any time. Any development is at the risk of
persons making the same that such supply, state, occurrence, condition, or existence
of such waters may be curtailed, interrupted, or terminated at any time.
Authority Cited: Public Resources Code Section 5W3.
4605.1. Lake Elsinore State Recreation Area.
All sections from and including 4605 and including 4605.6 shall apply to Lake
Elsinore State Recreation Area and are additional provisions supplementing other
Department rules and regulations. -
- Authority Cited: Public Resources Code Section 5003.
4605.2. Construction.
No person shall wharf out or erect quays,jetties, piers, breakwaters, groins, moles,
wharves, docks, boathouses, or any structures whatsoever floating or otherwise upon
or in Lake Elsinore State Recreation Area or water of Lake Elsinore except by
permission of concession in writing by the District Superintendent. r
Authority Cited: Public Resources Code Section 3003.
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AGENDA ITEM N .1�.�-
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STATE OF CALIFORNIA
DEPARTKSNT.OF,PARKS AND RECREATION
;j DISTRICT,6VPZRINTENDENT'S OADER'NO.' 436 -68 -8
1. The following lands, waters and facilities at Lake Perris State Recreation
Area and Lake Elsinore State Reoraaiion Area a e,hereby restricted in the
following manners
a. Persons aboard sailboards must have aboard a United States Coast Guard
approved, personal floatation devicel(Type I,,II, III or IV) for each
,person aboard the sailboards when the sailboard is operated on the
water. '.The personal.Floatation device must be readily accessible at
all times.
b. Submersible vessels are not permitted.
c., 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.''
2. Exceptions to this.order may only be granted in writing.by the District
Superintendent,,Los Lagos District, -17801 Lake Perris Drive, Perris,
California 92370..
3. Nothing herein shall affect any sxisting; +.private contract or property
rights.
4. Nothing herein shall be construed in derrogation of other provisions of
law.
George^ . Cook, District Superintendent
Authority
State of California Public Resources Code, Section 5003.1.
California Code of Regulations, Title 14, Section 430 (i), 4304, 4662(a)(b)�
6565.5(a) Harbors and Navigation Code 660(a).
AGENDA (TEMN0 s- --�
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CALIFORNIA ADMINISTRATIVE CODE 4656
(Title XIV, Div. 3, Chapter 7)
4658. 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.- _
Authority Cited: Public Resources Code Section 5003.
4659. Operating Boats During Nighttime.
Where night boating is authorized, no person shall operate a boat at speeds in
excess of five (5) nautical miles per hour.
Authority Cited: Public Resources Code Section 5003, Reference Cited: Public Resources Code Section
3008.
4660. Vessels.
. (a)No person shall boach, land, launch ,moor, dock, or bertha vessel, boat or any
other object overnight except in areal 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 notice 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 Departrhental 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.
Authority Cited: Public Resources Code Section 5003. -
1.
4661. Disposal of Waste from Boas.
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 onshore disposal facilities.
Authority Cited: Public Resources Code Section $003.
4662.1napecdons..
(a) A state park 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 state park system for
more than 30 days except by concession granted.
Authority Cited: Public Resources Code Section 5003. Reference Cited: Public Resources Code Section
5008.
4663. Erection of Tent.
No person shall erect, maintain, use, or occupy any temporary tent or shelter on
any beach unless there is an unobstructed view through such tent or shelter from at ..
least two sides, provided, however, that nothing herein contained shall be construed -
to authorize camping except as provided in Section 4451 hereof.
Authority Cited: Public Resources Code Section 5003. Reference Cited: California Administrative Code
Title 14 Section 44S I.
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AGENDA ITEM NO. �J
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STATE OF CALIFORNIA
i
DEPARTMENT OF PARKS AND RECREATION
ORDER NO. '436 -88 -005
November 8,•1988
1. Pursuant LO.C.C.R. T -14, Sec. 4325, the following lands and .facilities at
Lake Elsinore S.R.A. are closed to all persons, other than Department
employees or authorized individuals having' duty to be present, in order
to provide for public safety and security pf such facility.
A. Wells numbers one, two and three.
B. Sites are posted with buoys or fencing; depending on water level.
C. No person shall be within 50' of said 'facility, except as authorized
by the Department.
2. Exceptions to this order may only be granted in writing by the District,
.Superintendent, Los Lagos District, 17801 ;Lake Perris Drive, Perris,
California 92370.
3. Nothing herein shall affect any existing private contract or property .
rights.
4. Nothing herein shall be construed in derogation of other provisions of
law. - - -
fCX.t.r�,y f f y�e/L
George E. Cook, District Superintendent
Authority:
State of California Public Resources Code Section 5003.
California Code of Regulation, Title 14, Section 4325.
Copies of this order have been filed with the Regional Director, Southern
Region and the Chief of Operations, Sacramento, California.
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AGENDA ITEM NO. 1�11
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STATE OF CALIFORNIA '
DEPARTMENT OF PARKS AND RECREATION
I
DISTRICT SUPERINTENDENT'S ORDER NO. 436 -88 -8
I. The following lands, waters and facilities at Lake Perris State Recreation
Area and Lake Elsinore State Recreation Area are hereby restricted in the
following manners
a. Persons aboard sailboards must have aboard a United States Coast Guard
approved, personal floatation device (Type I, II, III or IV) for each
person aboard the sailboard; when the sailboard is operated on the
water. The personal Floatation device must be readily accessible at
all times.
b. Submersible vessels are not permitted.
c. 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.
2. Exceptions to this order may only be granted in writing, by the District_
Superintendent, Los Lagos District, 17801 Lake Perris Drive, Perris,
California 92370.
3. Nothing herein shall affect any existing private contract or property
rights.
4. Nothing herein shall be construed in derrogation of other provisions of
law.
ff-"r� F /",-
George E. Cook, District Superintendent
Authority:
State of California Public Resources Code, Section 5003.1.
California Code of Regulations, Title 14, Section 430 (1) , 4304, 4662(a)(b):
6565.5(a) Harbors and Navigation Code 660(a).
AGENDA ITE(v, NO. ��--
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STATE. OF.CALIFORNI.A
i
DEPARTMENT OF PARKS AND RECREATION
ORDER NO. 436 -93 -2
APRIL 11..1933
1. The following lands and facilities of Lake Elsinore State
Recreation Area are _hereby restricted to, public use in the,
following manner; .
A. The maximum allowable boat speed. limit on -Lake
Elsinore is 35 miles per hour, except in the designated
high speed zone.
E. Five miles per hour (idle /wakel.ess. forward motion), is
the maximLim allowable speed _..
1 Eucyed areas - shcre;-ine to,.buoys. .
2 During restricted visibility (Visibility less than
1000 feet, fog haze and/or smoke).
3. Within 100 feet of a person in water (H &N 655.2a).
C. No vessel shall Cast off, weigh anchor, or launch when
the following conditions exist:
1. During nighttime hours (1112 hour after sunset to
1:2 hour before sunrise.
2. No personal water craft or power boats with less than
E" of freeboard (measured from the water surface tc•
the lowest portion cf the gunwale), will launch, weigh
anchor, cast off, or remain on Lake Elsinore when the
wind speed reaches or exceeds 33 miles per hour (gale
warnings).
3. The lake surface is closed to vessels or similar
ob3ects when a.wind speed of SS miles per hour or.
greater is reached (full gale).
4. Launching of any vessel shall only occur at authorized
lat:-)ch ramp facilities o& from private property when
such property is inundated by waters of Lake Elsinore.
D. CAC 4605.3 Traffic Pattern
1. 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 5
miles per hour zones, which are non - directional, or
except in any zone when a person has fallen overboard
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AG'cNDA ITENA No.
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STATE OF CALIFORNIA
DEPARTMENT OF PARKS AND RECREATION
i
LOS LAGOS DISTRICT
ORDER NO. 436 -89 -3
1. The following lands and facilities of Lake Elsinore and Lake Perris State
Recreation Areas are hereby restricted to public use in the following manner:
A. No person shall operate a radio - controlled model replica device unless
authorized through an approved special event permit.
B. Operation of radio - controlled model replica devices will occur only in
designated areas as identified in the approved special event permit.
2. Exceptions to this order may be granted in writing by the District Superintendent,
Los Lagos District, 17801 Lake Perris Drive; Perris, California 92370.
3. Nothing herein shall affect any existing private contract or property rights.
4. Nothing herein shall be construed in derrogation of other provisions of law.
fAc-
Georges Cook, District Superintendent
• .� /sr /sr
Date
Authority:
State of California Public Resources Code, Section 5003.
California Code of Regulations, Title 14, Sections 4319.
Copies of this order have been filed with the Regional Director and
Associate Director for Operations.
History: New
AGEtJDA ITEM NO. I
PA3E 0F.13
except in any zone when a person has fallen overboard
or when a skier has fallen and only for the purpose of
of .retrieving the fallen person.
E. 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".
F. No person shall berth, moor, dock, or otherwise secure
any vessel or other object, fish, dive, or swim from the
state patrol dock facility located on Lake Elsinore.
2. Exceptions to this order may be granted in writing by the Park
Superintendent, Elsinore /Chino Sector, 1679 Jackson Street,
Riverside, California 92504 -5526
3. Nothing herein shall affect any existing private contract or
}:ore:ty rights.
4. Nothing herein shall be construed in derogation of other
provisions cf law.
Donald F. Monahan, Superintendent
y "/- o'3
Date
Authority:
.tate of California Public Reso:irces Code, Section 5003.
California Code of Regulations, Title 14, Sections 4657,4656,4660.
Harbors and Navigation, Code, Section 655 (A).
United States Coast Guard Navigation Rules CG -169, May 1977,
Article 25.
History: REPLACES ORDER NO. 436-93-1 POSTED JANUARY 19, 1993
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