CHAPTER 2.
ACTIVITIES IN THE TIDELANDS WITHIN THE CITY OF EMERYVILLE

Sections:

10-2.01    Purpose and Intent

10-2.02    Definitions

10-2.03    No Fishing, Boating, Access or Recreation within Parcel A of the Tidelands

10-2.04    Permitted Activities within Parcel B of the Tidelands

10-2.05    Personal Watercraft in Parcel B of the Tidelands

10-2.06    Exemption for Law Enforcement and Emergency Operations

10-2.07    Penalties for Violation

10-2.01 Purpose and Intent.

The purpose and intent of the ordinance codified in this chapter is to codify the City’s exercise of the public trust over the tidelands pursuant to City of Emeryville Resolution No. 89-31 enacted on May 2, 1989. This chapter also provides for specific restrictions on personal watercraft within the trust tidelands, in accordance with the City’s exercise of the public trust. The restrictions on personal watercraft are imposed in order to eliminate adverse impacts to the diverse and unusual floral and faunal species found within the tidelands of the City of Emeryville; to reduce existing and potential conflicts between uses of the tidelands; to promote overall public safety; and to reduce the nuisance impact from the noise and waves generated by personal watercraft on neighbors of the tidelands. These additional regulations on personal watercraft are necessary because of the nature and design of personal watercraft: high maneuverability, high speed, ability to travel in shallow areas and unique and annoying noise patterns.

(Sec. 3 (part), Ord. 99-011, eff. Nov. 6, 1999)

10-2.02 Definitions

For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:

(a)    “Parcel A” shall mean that part of the Public Trust Tidelands that is bounded on the north by Powell Street, bounded on the south by the southwesterly city limits of the City of Emeryville and bounded on the west by the southerly prolongation of the north-south centerline of Powell Street at the westerly end of Powell Street; and commonly described as the Emeryville Crescent.

(b)    “Parcel B” shall mean that part of the Public Trust Tidelands that is bounded on the north by the northerly limits of the City of Emeryville, bounded on the south by the southwesterly limits of the City of Emeryville and excluding Parcel A; and commonly described as the northern coastal waters to the Emeryville/Berkeley border.

Parcel B is further divided into Parcel B-1 to the west and Parcel B-2 to the east.

“Parcel B-1” shall mean that portion of Parcel B of the Public Trust Tidelands that is bounded on the north by the northerly limits of the City of Emeryville, bounded on the east by the northerly prolongation of the north-south centerline of Powell Street at the westerly end of Powell Street, and bounded on the south and west by the limits of the City of Emeryville.

“Parcel B-2” shall mean that portion of Parcel B of the Public Trust Tidelands that is bounded on the north by the northerly limits of the City of Emeryville, bounded on the east by Frontage Road, bounded on the south by the Emeryville Peninsula and bounded on the west by the northerly prolongation of the north-south centerline of Powell Street at the westerly end of Powell Street.

(c)    “Personal watercraft” shall mean a vessel that is: (1) propelled by a waterjet pump and is capable of operating at planing speeds; or (2) is propelled by machinery, is less than twelve feet (12’) in length and is designed to be operated by a person sitting, standing or kneeling on the vessel, rather than in the conventional method of sitting or standing in the vessel. Personal watercraft shall include those vessels commonly referred to as Jet Skis, Sea Doos and Waverunners.

(d)    “Public Trust Tidelands” shall mean that area described as both Parcel A and Parcel B, which are defined above, over which the City of Emeryville exercised the public trust pursuant to City of Emeryville Resolution No. 89-31 enacted on May 2, 1989.

(Sec. 3 (part), Ord. 99-011, eff. Nov. 6, 1999)

10-2.03 No Fishing, Boating, Access and Recreation within Parcel A of the Tidelands.

Public fishing, boating, access and recreation are not be permitted within Parcel A of the Public Trust Tidelands.

(Sec. 3 (part), Ord. 99-011, eff. Nov. 6, 1999)

10-2.04 Permitted Activities within Parcel B of the Tidelands.

Low intensity fishing, boating, access and recreation are permitted within Parcel B of the Public Trust Tidelands, subject to the provisions of this chapter.

(Sec. 3 (part), Ord. 99-011, eff. Nov. 6, 1999)

10-2.05 Personal Watercraft in Parcel B of the Tidelands.

(a)    Parcel B-1 (westerly portion of Parcel B).

(1)    Operation of personal watercraft is permitted within the westerly portion of Parcel B, which is bounded on the north by the northerly limits of the City of Emeryville, bounded on the east by the northerly prolongation of the north-south centerline of Powell Street at the westerly end of Powell Street, and bounded on the south and west the limits of the City of Emeryville; and is known herein as “Parcel B-1.”

(2)    No person shall operate any personal watercraft within Parcel B-1 at a speed in excess of five (5) miles per hour within five hundred feet (500’) of any shoreline within the City of Emeryville or within the outer access channel, as described below.

(b)    Parcel B-2 (easterly portion of Parcel B).

(1)    Operation of personal watercraft is not permitted within the easterly portion of Parcel B, which is bounded on the north by the northerly limits of the City of Emeryville, bounded on the east by Frontage Road, bounded on the south by the Emeryville Peninsula and bounded on the west by the northerly prolongation of the north-south centerline of Powell Street at the westerly end of Powell Street and is known herein as “Parcel B-2,” with the exception of launching and landing and utilization of the access channel described below.

(2)    No person shall launch or land a personal watercraft except at the public boat launching ramp located at the westerly end of Powell Street. From the launching ramp, the operator of the personal watercraft shall proceed in a northerly direction at no more than five (5) miles per hour along the shortest route possible to the opening in the breakwall and then westerly to Parcel B-1.

(c)    All persons shall operate personal watercraft in accordance with all state laws and regulations.

(d)    A sign summarizing the relevant provisions of this chapter shall be erected at this location. This sign shall also provide a telephone number designated to accept calls by the public reporting violation of this chapter.

(Sec. 3 (part), Ord. 99-011, eff. Nov. 6, 1999)

10-2.06 Exemption for Law Enforcement and Emergency Operations.

The restrictions imposed by this chapter shall not apply to the Fire Department, Police Department or Coast Guard personnel in the performance of search and rescue missions or other emergency or law enforcement operations.

(Sec. 3 (part), Ord. 99-011, eff. Nov. 6, 1999)

10-2.07 Penalties for Violation.

Any person violating any of provision of this chapter shall be guilty of an infraction and punishable as set forth in Chapter 2 of Title 1.

(Sec. 3 (part), Ord. 99-011, eff. Nov. 6, 1999)

(Sec. 2 (part), Ord. 05-004, eff. May 19, 2005)