HomeMy WebLinkAboutOrd. No. 2017-1376 Lake Use Regulations Chapter 9.96ORDINANCE NO. 2017 —1376
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, AMENDING CHAPTER 9.96, SECTIONS 40, 180, AND 210, AND
ADDING SECTIONS 290, 300, 310, AND 320 TO THE LAKE ELSINORE MUNICIPAL
CODE REGARDING LAKE USE REGULATIONS
Whereas, the City of Lake Elsinore (City) maintains the regulations and enforcement of lake use.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES ORDAIN
AS FOLLOWS:
Section 1: Lake Elsinore Municipal Code (LEMC) Chapter 9.96 Lake Use Regulations, Sections
Section 180 Age limits for operating vessels, and Section 210 Operating vessels at night are
hereby amended and restated in their entirety as follows:
9.96.040 Lake Users, Vessel Operators, and Livery Vessel Operators.
A. All users of the lake, vessel operators, and livery vessel operators are required to comply and
act in accordance with the Federal, State, and local laws and regulations, including but not limited
to the California Harbors and Navigation Code and the California Vehicle Code as currently
existing and hereinafter amended.
B. Livery vessel owners shall comply, maintain the appropriate records, and act in accordance
with California Harbors and Navigation Code Section 673.
C. Livery vessel companies shall only rent vessels to operators of legal age to be bound by
contract (18 years and older).
D. Livery vessel owners shall maintain an annual commercial lake use pass pursuant to LEMC
8.40.050(D), for each Livery vessel operated on Lake Elsinore.
9.96.180 Age Limit for Operating Vessels
A. No person under 16 years, except for a person between the ages of 12 and 15 years who is
supervised on board by someone at least 18 years of age, shall operate a vessel having
propulsion of more than 15 horsepower except for a sailboat that does not exceed 30 feet in length
or a dinghy used directly between a moored vessel and the shore, or between two moored
vessels.
B. A person operating a vessel traveling in excess of 35 miles per hour within the high speed zone
must be at least 16 years of age.
C. A person operating a vessel must maintain all valid certificates and /or licenses required for
operation in accordance with State and Federal regulations.
9.96.210 Operating Vessels at Night
A. Night boating may also occur with authorization from the City Manager during approved dates
and times.
B. Where nighttime operation is authorized, only motorized boats are permitted. Non - motorized
vessels (i.e. paddleboards, kayaks, rafts, sailboats without a motor) and personal watercrafts are
not permitted for night boating. All vessels operating at night are required to have and operate
fully functional navigation lights.
Ord. No. 2017 — 1376
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C. The maximum allowable speed at night is five miles per hour, unless authorized from the City
Manager.
D. Any boat operating at night pursuant to this section shall have a daily lake use pass, which
shall be designated for nighttime operations. The City Manager may limit the number of daily lake
use passes issued for nighttime operation.
Section 2: LEMC Chapter 9.96 Lake Use Regulations, is hereby amended to add Section 290
Temporary suspension of regulations, Section 300 Enforcement Officer, Section 310 Removal of
vessel, and Section 320 Violations, to read as follows:
9.96.290 Temporary Suspension of Regulations
When deemed warranted by special circumstances, the City Manager or Police Chief may
temporarily suspend lake use regulations, restrictions or prohibitions established pursuant to this
chapter.
9.96.300 Enforcement Officer
The provisions of this chapter shall be administered and enforced by an enforcement officer. For
purposes of this chapter, "Enforcement Officers" shall mean any City employee or any agent of
the City with the authority to enforce any provision of this code, codes adopted by the City, or
State laws enforceable by the City. Enforcement Officers are authorized to issue citations for all
violations of this chapter.
9.96.310 Removal of Vessel
In accordance with California Harbors and Navigation Code Section 523, enforcement personnel
are authorized to remove or cause to be removed:
A. Any vessel which is unoccupied, unattended, or abandoned on the lake, except for vessels
permitted to be moored overnight on the lake in accordance with LEMC Chapter 8.40.050(C).
B. Any vessel that has been deemed to be unsafe for operation in accordance with the California
Harbors and Navigation Code Section 652 and California Code of Regulations Title 14 Section
6550.5.
C. Any vessel in which a single negligent vessel operator has been issued a citation and continues
to engage in similar negligent activity for which the original citation was issued within a single day
period.
D. Any vessel that has an outstanding overdue citation in accordance with California Vehicle Code
Sections 40200 - 40230.
9.96.320 Violations
Notwithstanding the General Provisions contained in Title 1 of the LEMC, violation of this Chapter
9.96 shall be processed and may be appealed in accordance with California Vehicle Code
Sections 40200 - 40230, which is hereby adopted and as may be amended from time to time.
Ord. No. 2017 — 1376
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Section 3: Severability. If any provision of this Ordinance or its application is held invalid
by a court of competent jurisdiction, such invalidity shall not affect other provisions, sections, or
applications of the Ordinance which can be given effect without the invalid provision or
application, and to this end each phrase, section, sentence, or word is declared to be severable.
Section 4: Effective Date. This Ordinance shall become effective at 12:01 a.m. on the
thirty -first (31st) day after the date of adoption.
Section 5: Certification. The City Clerk shall certify to the passage of this Ordinance and shall
cause a synopsis of the same to be published according to law.
Passed and Adopted on this 23rd day of May, 2017.
Attest:
f
_ `,
Diana Giron, CMC
Deputy City Clerk
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LAKE ELSINORE )
I, Diana Giron, CMC, Deputy City Clerk of the City of Lake Elsinore, do hereby certify that the
foregoing Ordinance No. 2017 -1376 was introduced at the Regular meeting of May 9, 2017,
and adopted by the City Council of the City of Lake Elsinore at its Regular meeting of May 23,
2017, by the following vote:
AYES: Council Members Hickman and Tisdale; Mayor Magee
NOES: None
ABSENT: Council Member Manos and Mayor Pro Tern Johnson
ABSTAIN: None
I further certify that said Synopsis was published as required by law in a newspaper of general
circulation in the City of Lake Elsinore, California on the 1St day of June, 2017.
Diana Giran, CMC
Deputy City Clerk