Chapter 8.32
BOATING AND WATER PROTECTION
Sections:
8.32.020 Purpose—Statutory authority.
8.32.040 Chapter provisions supplement other laws.
8.32.050 Boat operation and equipment laws applicable.
8.32.060 Territory where chapter provisions applicable.
8.32.070 Houseboat and boathouse restrictions.
8.32.080 Swimming in open channels.
8.32.090 Boats—Prohibited in swimming areas.
8.32.110 Boats—Racing conditions.
8.32.120 Water skiing restrictions.
8.32.130 Heenan Lake water sport restrictions.
8.32.140 Shooting firearms across water.
8.32.150 Dumping debris prohibited.
8.32.010 Name of provisions.
This chapter shall be known and may be referred to in all proceedings as the “Alpine County Water Protection Ordinance.” (Ord. 341 Art. 1 § 1, 1974)
8.32.020 Purpose—Statutory authority.
This chapter is enacted pursuant to Section 660 of the Harbors and Navigation Code and other statutes, to provide additional regulation of the use of public waters within the unincorporated territory of the county for the protection of persons and property using such waters. (Ord. 341 Art. 1 § 2, 1974)
8.32.030 Definitions.
A. The following words and phrases, when used in any provision of this chapter, shall be construed to have the following meaning:
1. “Aquaplane” means any device used for the transportation of one or more persons upon the surface of the water, which is pulled or towed by any boat, vehicle or other motive power by means of a rope, chain, cable, wire or other flexible connection, including but not confined to any aquaplane, plank, surfboard or water ski.
2. “Boat” means any vessel or device except an aquaplane in or upon which persons or property may be transported upon, under or over the surface of water, including, but not confined to any boat, raft, barge, canoe, skiff, dingy, rowboat, sailboat, sailing vessel, yacht, motorboat, motor vessel, float, pontoon, commercial boat, launch and ship.
3. “Marked swimming area” means any beach or water area set aside as a swimming or bathing area, the boundaries of which are designated by waterway markers of diamond shape of international orange with a cross of the same color within it against a white center, placed not more than one hundred feet apart, after obtaining necessary clearances from federal and state agencies and informing the Division of Small Craft Harbors of the location, description and purpose of the marker, all as provided in Section 7000 et seq., of Title 14 of the California Administrative Code.
4. “Person” means any person, firm, partnership, association, corporation, company, estate, trust or organization of any kind.
5. “Public waters” means any navigable lakes, streams or waters, any lakes, streams or waters owned by the United States, the state of California, a municipal corporation, a public district or any political subdivision or agency thereof, or any privately owned lakes, streams or waters to which the general public has access.
6. The verb “to operate” means the steering of such boat in any manner, the operation or manipulation of any outboard or inboard engine or motor used to propel such boat, the operation, use or manipulation of oars, sails or other device used as the propulsion of such boat, while such boat is floating in or upon any of the public waters located within the boundaries of the county.
B. Words used in the male gender shall include the feminine and neuter, and words used in the singular number shall include the plural. (Ord. 341 Art. 1 § 4, 1974)
8.32.040 Chapter provisions supplement other laws.
This chapter shall be construed as supplementary to state and federal statutes regulating inland waters, and in case of doubt in their interpretation shall be construed so as to be in harmony with rather than conflicting to state and federal laws and regulations. (Ord. 341 Art. 1 § 3, 1974)
8.32.050 Boat operation and equipment laws applicable.
The operation and equipment of boats shall be governed by the provisions of the federal navigation laws and the state boating laws and regulations, and by the additional regulations contained in this chapter. (Ord. 341 Art. 2 § 1, 1974)
8.32.060 Territory where chapter provisions applicable.
The regulations contained in this chapter shall apply to and govern all public waters within the unincorporated territory of the county. (Ord. 341 Art. 2 § 2, 1974)
8.32.070 Houseboat and boathouse restrictions.
It is unlawful for any person to place or maintain any private houseboat or any private boathouse upon any public waters without the prior written consent of the owner of such waters or his agent, and the county. (Ord. 341 Art. 2 § 7, 1974)
8.32.080 Swimming in open channels.
It is unlawful for any person to swim in the open channels of any lake or reservoir which are frequented by motorboats or sailboats more than three hundred feet from the shore, or outside the boundaries of a marked swimming area of any public waters, unless accompanied by a boat manned by a competent operator. (Ord. 341 Art. 2 § 8, 1974)
8.32.090 Boats—Prohibited in swimming areas.
It is unlawful for any person to operate the motor of any boat within any marked swimming areas. (Ord. 341 Art. 2 § 6, 1974)
8.32.100 Boats—Speed limits.
It is unlawful for any person to operate a motorboat at a speed greater than ten statute miles per hour on any water, stream, river or lake in the county. (Ord. 341 Art. 2 § 9, 1974)
8.32.110 Boats—Racing conditions.
It is unlawful for any person to conduct or participate in, by operating a motorboat or otherwise, any motorboat race without the express written permission and under the supervision of the owner of the waters or his duly authorized agent for such purpose. (Ord. 341 Art. 2 § 5, 1974)
8.32.120 Water skiing restrictions.
It is unlawful for any person to water ski on any water, stream, river or lake in the county. (Ord. 341 Art. 2 § 10, 1974)
8.32.130 Heenan Lake water sport restrictions.
Because of the potential contamination of fish hatchery operations, swimming, bathing, skin diving and motor boating are unlawful in any portion of Heenan Lake. (Ord. 341 Art. 3 § 1, 1974)
8.32.140 Shooting firearms across water.
It is unlawful for any person to shoot any firearm or gun operated by compressed gases or a spring from any boat or across or over any portion of the waters of any lake or reservoir; provided, however, that nothing in this section shall prohibit the shooting of a shotgun from a boat or across lake or reservoir waters during the lawful waterfowl hunting season for the purpose of killing lawful waterfowl. (Ord. 341 Art. 2 § 4, 1974)
8.32.150 Dumping debris prohibited.
It is unlawful for any person to dump or place in any public waters any human waste, sewage, garbage, trash, gasoline, oil, bilge water, sawdust, fish offal, debris or other foreign matter, whether from a boat, the shore, or any other place. (Ord. 341 Art. 2 § 3, 1974)
8.32.160 Enforcement.
The provisions of this chapter shall be enforced by the sheriff and any other duly appointed peace officer. (Ord. 341 Art. 1 § 5, 1974)
8.32.170 Violation—Penalty.
Any person, firm or corporation who violates any provision of this chapter is guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not to exceed five hundred dollars or by imprisonment in the Alpine County Jail for a term not to exceed six months, or by both such fine and imprisonment. (Ord. 341 Art. 1 § 6, 1974)