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HomeMy WebLinkAbout0015_4_Chapter 8 44 Fishing Ordinance - First ReadingORDINANCE NO. 2016-____ AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING AND RESTATING TITLE 8, CHAPTER 8.44 OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING FISHING ON LAKE ELSINORE THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES ORDAIN AS FOLLOWS: SECTION 1. Chapter 8.44 of the Lake Elsinore Municipal Code is hereby amended and restated in its entirely to read as follows: Chapter 8.44 FISHING ON LAKE ELSINORE Sections: 8.44.010 Purpose. 8.44.020 Definitions. 8.44.030 Fishing license. 8.44.040 Size and fish quantity limits. 8.44.050 Fishing in restricted areas. 8.44.060 Fishing hours. 8.44.070 Restrictions on fishing methods. 8.44.075 Bow fishing. 8.44.080 Cleaning of fish. 8.44.090 Fishing near fish habitat areas. 8.44.010 Purpose The purpose of this Ordinance is to provide rules and regulations for fishing activities on and around Lake Elsinore (hereinafter referred to as “the lake”). 8.44.020 Definitions “Bow fishing” means 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). “California Freshwater Sport Fishing Regulations” means the publication of the same name by the California Department of Fish and Wildlife setting forth the provisions of the California Fish and Game Code and Title 14 of the California Code of Regulations related to freshwater fishing. “City Manager” means the City Manager of the City of Lake Elsinore or the City Manager’s designee. CITY COUNCIL ORDINANCE NO. 2016-____ Page 2 of 4 “Take” means hunt, pursue, catch, capture, or kill, or attempt to hunt, pursue, catch, capture, or kill. 8.44.030 Fishing license. A. All persons 16 years of age and older must have in their possession a valid California sport fishing license to take any kind of fish from the lake. B. Every person, while engaged in taking any fish from the lake, shall display a valid sport fishing license by attaching it to their outer clothing at or above the waistline so that it is plainly visible. 8.44.040 Size and fish quantity limits. A. No fish less than the legal minimum size as set forth in current California Freshwater Sport Fishing Regulations may be taken from the lake. B. No person shall retain any fish from the lake in excess of the bag limit set forth in the current California Freshwater Sport Fishing Regulations. C. Fish caught that do not meet the legal minimum size set forth in the current California Freshwater Sport Fishing Regulations or are caught in excess of the bag limits set forth in the current California Freshwater Sport Fishing Regulations shall be immediately released back into the water. 8.44.050 Fishing in restricted areas. No person shall fish in restricted areas unless authorized by the City Manager. 8.44.060 Fishing hours. Fishing at designated public beaches is only allowed between the hours of 6:00 a.m. and 10:00 p.m. daily. Fishing by boat is permitted from sunrise to sunset, unless authorization has been obtained from the City Manager. 8.44.070 Restrictions on fishing methods. A. No person shall fish by means of a seine or cast net unless authorized by the City Manager. B. All persons shall fish with only one pole, unless they have purchased a second-rod sport fishing validation as provide by California Fish and Game Code section 7149.45. Anglers in possession of a second-rod sport fishing validation and anglers under 16 years of age may use up to two rods. 8.44. 075 Bow fishing. A. Bow fishing is permitted by vessel upon the surface the lake, except within wading areas, marinas and boating channels. CITY COUNCIL ORDINANCE NO. 2016-____ Page 3 of 4 B. Bow fishing by persons walking or wading along the shoreline is permitted only upon that portion of the Levee System between Shoreline Zone Identification Sign SS2 to Rome Hill. C. Bow fishing is restricted to fishing for carp only. D. 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. E. Children 15 years of age or younger are required to be accompanied by an adult in order to bow fish. F. All fish taken by bow fishing shall be removed from the lake and disposed of in a proper manner. Disposal of carp into the lake, upon the shoreline of the lake, or in public trashcans is prohibited. G. The provisions in this section are subject to waiver by the City for bow fishing events as determined by the City Manager, subject to such events being authorized pursuant to a special event permit as provided in Chapter 5.108 of the Lake Elsinore Municipal Code. 8.44.080 Cleaning of fish. Cleaning of fish on the water or shoreline is prohibited, unless in a designated cleaning area. 8.44.090 Fishing near fish habitat areas. Fishing within 25 feet of marked buoyed fish habitat areas is prohibited. CITY COUNCIL ORDINANCE NO. 2016-____ Page 4 of 4 SECTION 2. If any provision, clause, sentence or paragraph of this Ordinance 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. 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. INTRODUCED at a regular meeting of the City Council of the City of Lake Elsinore, California, on the day of , 2016, and ADOPTED at a regular meeting of the City Council of the City of Lake Elsinore, California, on the ____ day of ________, 2016. _________________________ Brian Tisdale Mayor ATTEST: _______________________ Susan Domen, MMC City Clerk APPROVED AS TO FORM: _________________________ Barbara Zeid Leibold City Attorney