Chapter 8.40
PARKS AND BEACHES

Sections:

8.40.010    Closure time – Exception.

8.40.020    Entering while closed prohibited – Exception.

8.40.030    Violation – Penalty.

8.40.040    Rules and regulations.

8.40.050    Lake Elsinore annual pass program.

8.40.060    Private property boat launch program.

8.40.010 Closure time – Exception.

All City parks and beaches shall be closed between the hours of 10:00 p.m. and 6:00 a.m. of each and every day, except at such dates and times that might be approved by the City Manager upon recommendation of the law enforcement agencies for the City. [Ord. 926 § 2, 1991; Ord. 560 § 1, 1976].

8.40.020 Entering while closed prohibited – Exception.

It is unlawful for any person or persons to go upon any of the parks of the City during such times as said City parks are closed; providing, however, that this shall not apply to the law enforcement officers of the City. [Ord. 560 § 2, 1976].

8.40.030 Violation – Penalty.

Any person violating any of the provisions or failing to comply with any of the mandatory requirements of this chapter shall be guilty of a misdemeanor and any person convicted under this chapter shall be punishable as provided for in LEMC 1.16.010. [Ord. 560 § 3, 1976].

8.40.040 Rules and regulations.

A. Alcohol is prohibited in City parks and beaches without City Council approval.

B. Vehicles are prohibited from City parks without City Council authorization except for City maintenance vehicles, contract maintenance vehicles, and public safety vehicles.

C. Dogs are permitted in City parks when on a leash except in specially designated off-leash areas at such times and in accordance with such rules and regulations as may be posted from time to time. Owners are responsible for cleaning up and removing all droppings left by their animals.

D. Golf is prohibited in City parks unless it is a part of a City-sponsored recreation program.

E. Open fires are prohibited unless in fire rings provided by the City.

F. Firearms of any kind and archery are prohibited in public parks and beaches.

G. No person shall: (1) maintain, erect, or permit the erection of any hut, shanty, tent, tarpaulin, or other type of temporary structure at or upon any City park or beach except on such property designated by the City for the purpose of camping, or (2) use a City park or beach for the purpose of camping except on such property designated by the City for the purpose of camping. As used herein, the term “camping” means the use of City parks or beaches for the purpose of living accommodations or habitation such as sleeping activities, or making preparation to sleep, including the laying down of bedding for purposes of sleeping, or using or storing personal belongings such as cooking equipment, sleeping bags, cots, beds, hammocks, clothing or other personal items.

H. Littering is strictly prohibited.

I. Swimming, boat and jet ski launching is prohibited from City beaches.

J. Fishing is allowed in designated fishing areas only. [Ord. 1266 § 1, 2009; Ord. 1057 § 1, 2000; Ord. 926 § 3, 1991].

8.40.050 Lake Elsinore annual pass program.

There is hereby established an annual pass program to be included in the operation of the City’s Lake Elsinore Recreation Area.

A. General Public. Members of the general public may purchase an annual “lake use pass” which allows unlimited use of Lake Elsinore without having to purchase a daily pass each time a vessel is launched into the lake. The cost of the pass shall be established annually and shall be valid for one calendar year, January 1st through December 31st of the year purchased. The pass (sticker) shall be affixed to the vessel, within four inches of the vessel’s C.F. numbers (port side).

The holder of the pass shall be required to pay the necessary launch fees to the private launch ramp owners until the City constructs a permanent public launch facility.

B. Private Property Owners (Lakefront Property). Any property owner who physically owns parcels abutting to Lake Elsinore shall be entitled to purchase up to four annual lakefront use passes for vessels owned by said property owner. Said pass shall permit unlimited lake use and launching from said property owner’s approved site.

These passes shall be valid for one calendar year, from January 1st through December 31st of the year purchased. As a condition of purchasing an annual pass, property owners who are eligible must comply with the private boat launch program. [Ord. 981 § 1, 1994].

8.40.060 Private property boat launch program.

A. Only private properties physically abutting Lake Elsinore and contiguous with the City of Lake Elsinore Recreation Area waterfront subject to these provisions.

B. The legal ability to launch vessels pursuant to this section is available only to the owners of record or tenants of said real property. The provisions hereof are applicable both when the waters of Lake Elsinore are physically in contact with the private property and when the lake has receded off of said property. Individuals with property held in common interest or by similar homeowners’ association must be in good standing with any such associations and must have their name appearing on the most recent membership list filed with the City by such association in order to obtain a lake and launch use pass.

C. This section does not apply to any form of commercial lake use ventures. In addition, this exclusion also applies to any and all organizations, clubs or partnerships formed after this agreement. To the extent that any such organizations, clubs or partnerships are formed, the City shall have the right to determine the applicability of this section, and further to determine allowable services (launching, marina and docks) of any new development within the City.

D. The maximum number of vessels permitted to safely utilize the lake at any given time shall be 1,200.

E. All vessels utilizing the lake shall be required to obtain a use pass before such use. Use passes are not transferable to any other vessel owners.

F. Lakefront Use Pass. These pass holders shall be issued vessel identification tags which shall be affixed to the holder’s vessel(s).

1. Lakefront use pass applicants must provide the City with the following:

a. Grant Deed or Other Document Proving Ownership – Tenants. Verification of tenancy through personal appearance and signature verification of tenancy by property owner at City offices or notarized statement from property owner and/or address and phone number and two monthly utility bills, all with the same name.

b. Registration paper(s) of vessel(s) (same name or verified by property owner).

c. Picture identification.

2. The cost of a lakefront use pass shall be established annually by the City.

3. The holder of a lakefront pass is authorized overnight off-shore anchoring, beaching, mooring, docking, launching and delaunching only at their approved launch site.

G. Private property owners subject to these provisions which have private docks, piers or launch ramps are required to post such as private and maintain them as such.

H. Reasonable sanitary facilities must be available (i.e., residence, RV or portable toilet) for the authorized users of said private docks, piers and launch ramps.

I. Only a holder of a lakefront use pass is permitted to launch from private property. All other vessels must launch from authorized public or commercial launching facilities.

J. The lakefront use pass of any holder thereof who willfully refuses to comply or is found to regularly disregard the provisions of, or, is utilizing the lakefront use pass for commercial purposes, shall be revoked.

K. Nothing in these provisions is intended to prohibit the enforcement of regulations which protect the health and safety of recreational lake users. If any provision of this understanding is held by a court to be invalid or unenforceable, the remaining portions shall nevertheless continue in full force. [Ord. 981 § 2, 1994].