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HomeMy WebLinkAbout2026-1530 LEMC Amending Chapter 8.44 BowfishingORDINANCE NO. 2026-1530 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING AND RESTATING CHAPTER 8.44 OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING BOWFISHING ON LAKE ELSINORE Whereas, the City Council of the City of Lake Elsinore desires to revise the existing restrictions regarding bow fishing at Lake Elsinore, as established under Section 8.44.075 of the Lake Elsinore Municipal Code (LEMC); Whereas, the City Council has considered the recommendation of the City Attorney as well as evidence presented by interested parties with respect to this item . NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES ORDAIN AS FOLLOWS: Section 1: The foregoing recitals are true and correct and are hereby incorporated into these findings by this reference. Section 2: The City Council has reviewed and analyzed the proposed amendment to the LEMC and finds and determines that the ordinance will not be detrimental to the public interest, health, safety, convenience, or general welfare of the city; and that it is internall y consistent with other applicable provisions of the LEMC. Section 3: The City Council hereby finds and determines that the proposed amendment to the LEMC is exempt from the California Environmental Quality Act (Cal. Publ. Res. Code §§21000 et seq. “CEQA”) and the State CEQA Guidelines (14. Cal. Code Regs §§15000 et seq.), specifically pursuant to Sections 15060(c)(2), 15060(c)(3), and 15061(b)(3) of the State CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, because there is no possibility that it may have a significant effect on the environment, and because it is not a “project” as that term is defined in Section 15378 of the State CEQA Guidelines. Section 4: Chapter 8.44 of the Lake Elsinore Municipal Code is hereby amended and restated in its entirety 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. Docusign Envelope ID: 0866D475-552C-4BBF-ACF4-A14074A40AE3 Ord. No. 2026-1530 Page 2 of 5 8.44.090 Fishing near fish habitat areas. 8.44.100 Enforcement Prior legislation: Ordinances 606 and 615. 8.44.010 Purpose. The purpose of this chapter is to provide rules and regulations for fishing activities on and around Lake Elsinore (hereinafter referred to as “the lake”). [Ord. 1354 § 1, 2016]. 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. “Take” means hunt, pursue, catch, capture, or kill, or attempt to hunt, pursue, catch, capture, or kill. [Ord. 1354 § 1, 2016]. 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. [Ord. 1354 § 1, 2016; Ord. 1053 § II, 1999. Formerly 8.44.010]. 8.44.040 Size and fish quantity limits. A. No fish less than the legal minimum size as set forth in the 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 immedia tely released back into the water. [Ord. 1354 § 1, 2016; Ord. 1060 § I, 2000; Ord. 1053 § II, 1999. Formerly 8.44.020]. 8.44.050 Fishing in restricted areas. No person shall fish in restricted areas unless authorized by the City Manager. [Ord. 1354 § 1, 2016; Ord. 1053 § II, 1999. Formerly 8.44.030]. 8.44.060 Fishing hours. Docusign Envelope ID: 0866D475-552C-4BBF-ACF4-A14074A40AE3 Ord. No. 2026-1530 Page 3 of 5 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. [Ord. 1354 § 1, 2016; Ord. 1053 § I I, 1999. Formerly 8.44.040]. 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 provided by California Fish and Game Code Section 7149.45. Anglers in possession of a second-rod sport fishing validation and anglers under 16 ye ars of age may use up to two rods. [Ord. 1354 § 1, 2016; Ord. 1053 § II, 1999. Formerly 8.44.050]. 8.44.075 Bow fishing. A. Bow fishing is permitted by vessel upon the surface of the lake, except within wading areas, marinas, and boating channels. 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 or domesticated animal 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. Proper disposal of such fish shall include disposal at City -designated fish disposal bins. Disposal of carp into the lake, upon the shoreline of the lake, or i n public trashcans other than designated fish disposal bins is prohibited. G. It is unlawful for any person to carry a bow used for bow fishing in a ready or armed position when not on or in the permitted areas of the lake set forth in subsections (A) and (B) of this section. A bow shall be deemed ready or armed unless it shall be in a harmless position incapable of projecting arrows or other dangerous projectiles. H. The provisions of subsections A through F 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 LE MC. [Ord. 1354 § 1, 2016; Ord. 1275 § 1, 2010. Formerly 8.44.055]. 8.44.080 Cleaning of fish. Cleaning of fish on the water or shoreline is prohibited, unless in a designated cleaning area. [Ord. 1354 § 1, 2016; Ord. 1053 § II, 1999. Formerly 8.44.070]. 8.44.090 Fishing near fish habitat areas. Fishing within 25 feet of marked buoyed fish habitat areas is prohibited. [Ord. 1354 § 1, 2016; Ord. 1053 § II, 1999. Formerly 8.44.080]. Docusign Envelope ID: 0866D475-552C-4BBF-ACF4-A14074A40AE3 Ord. No. 2026-1530 Page 4 of 5 8.44.100 Enforcement Any violation of this chapter shall be assessed administrative fines in the following amounts: 1. An administrative fine not exceeding $250.00 for a first violation. 2. An administrative fine not exceeding $500.00 for a second violation within one year of the first violation. 3. An administrative fine not exceeding $1,000 for each additional violation within one year of the first violation. Section 5: 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 i nvalid provision or application, and to this end, each phrase, section, sentence, or word is declared to be severable. Section 6: Effective Date. This Ordinance shall become effective at 12:01 a.m. on the thirty-first (31st) day after the date of adoption. Section 7: 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, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Lake Elsinore, California, on this 24 th day of March 2026. Robert E. Magee Mayor Attest: Candice Alvarez, MMC City Clerk Docusign Envelope ID: 0866D475-552C-4BBF-ACF4-A14074A40AE3 Ord. No. 2026-1530 Page 5 of 5 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LAKE ELSINORE ) I, Candice Alvarez, MMC, City Clerk of the City of Lake Elsinore, California, do hereby certify that Ordinance No. 2026-1530 was introduced by the City Council of the City of Lake Elsinore, California, at the Regular meeting of March 10, 2026 and adopted at the Regular meeting of March 24, 2026 and that the same was adopted by the following vote: AYES: Council Members Tisdale, Manos, and Carroll; Mayor Pro Tem Sheridan; and Mayor Magee NOES: None ABSENT: None ABSTAIN: None Candice Alvarez, MMC City Clerk Docusign Envelope ID: 0866D475-552C-4BBF-ACF4-A14074A40AE3