Chapter 16.05
LOCH LOMOND RECREATION AREA, WATERSHED LANDS AND RIPARIAN CONSERVATION AREAS

Sections:

16.05.010    General recreational use at Loch Lomond Recreation Area.

16.05.020    Additional rules and regulations.

16.05.030    Places and times.

16.05.040    Permits – Contents – Fees.

16.05.050    Boating standards and regulations.

16.05.060    Fishing regulations.

16.05.070    Picnicking regulations.

16.05.080    Hiking regulations.

16.05.090    Sanitation regulations.

16.05.100    General regulations.

16.05.110    Fire rules and regulations.

16.05.120    Posting of notices – Authority to enforce regulations.

16.05.130    Penalty for violation.

16.05.010 GENERAL RECREATIONAL USE AT LOCH LOMOND RECREATION AREA.

(a)    Permitted recreational uses at Loch Lomond Recreation Area shall consist of boating, fishing, picnicking, wildlife viewing, and hiking and shall be in accordance with rules and regulations for the said uses as provided in this chapter.

(b)    Prohibited Uses or Activities.

(1)    No person shall publicly appear nude or disrobe while in any area of the Loch Lomond Recreation Area. All persons visiting Loch Lomond Recreation Area shall be clothed sufficiently to conform to common standards.

(2)    No person shall possess, discharge, set off, or cause to be discharged, in or into any portion of the Loch Lomond Recreation Area any firecrackers, torpedoes, rockets, fireworks, oil, explosives or any substance harmful to the life or safety of persons or wildlife.

(3)    No person shall operate or ride a bicycle, scooter, skateboard or other operator-propelled vehicle or device in the Loch Lomond Recreation Area when the chief ranger or their designee finds that the conditions are unsafe for the operation of such vehicles.

(Ord. 2013-17 § 1 (part), 2013: Ord. 2010-01 § 1 (part), 2010: Ord. 93-01 § 1, 1993: Ord. 76-10 § 1 (part), 1976).

16.05.020 ADDITIONAL RULES AND REGULATIONS.

The city manager is authorized and empowered to adopt such additional rules and regulations, or modifications thereof, as he or she may deem necessary to regulate and control entry, use, fishing privileges, fees, and sanitation upon Loch Lomond Recreation Area and city watershed lands or riparian conservation areas to ensure the safety of persons using said facilities, and to aid in the proper administration thereof.

(Ord. 2013-17 § 1 (part), 2013: Ord. 2010-01 § 1 (part), 2010: Ord. 93-01 § 2, 1993: Ord. 76-10 § 1 (part), 1976).

16.05.030 PLACES AND TIMES.

(a)    The designated recreation area shall be open for recreation, picnicking, boating, hiking, wildlife viewing and fishing only as authorized by the director of the water department.

(b)    The dates and hours during which the recreation area shall open to the public for the uses delineated in subsection (a) shall be determined by the director of the water department on an annual basis one month prior to the opening date and posted on the city’s web page and at the entrance kiosk at Loch Lomond. The city council shall also be notified of schedule changes prior to their implementation. All boats shall be off the lake at least one hour before the recreation area is scheduled to be closed to the public each day. All persons shall depart from the recreation area no later than the recreation area closure time.

(c)    The director of the water department shall have the authority to close the recreation area or to restrict its use by the public at any time when, in the judgment of the director, continued public use under the circumstances would endanger the users or endanger or compromise the integrity of natural resources within the recreation area, or when other operational needs dictate the need for closure of the recreation area. Prominent public notice will be given as soon as practicable.

(Ord. 2013-17 § 1 (part), 2013: Ord. 2010-01 § 1 (part), 2010: Ord. 2005-01 § 1 (part), 2005: Ord. 93-01 § 3, 1993: Ord. 76-10 § 1 (part), 1976).

16.05.040 PERMITS – CONTENTS – FEES.

(a)    No person shall enter or use Loch Lomond Recreation Area without having in their possession a valid permit issued by the city of Santa Cruz. All holders of such permits shall present the same to the water department personnel upon demand for inspection.

(b)    Permits for use shall be obtained at the entrance to the recreation area. Any violation of rules and regulations contained in this chapter invalidates such permit and subjects the holder thereof to the penalties contained in Section 16.05.130.

(c)    The number of permits issued for any particular day shall be limited by the number of available vehicle parking spaces to ensure the safety of persons using said facility.

(d)    All permits shall be issued in the form prescribed by the city, which will show the amount paid for the permit, and the purpose, date and period of time for which the permit was granted.

(e)    Fees for permits shall be established by the city of Santa Cruz, including but not limited to fees for day use, seasonal use, pedestrian or bicycle entry, pets, boat rental, and for inspecting, decontaminating, storing, and launching a privately owned boat.

(Ord. 2013-17 § 1 (part), 2013: Ord. 2010-01 § 1 (part), 2010: Ord. 2005-01 § 1 (part), 2005: Ord. 93-01 § 4, 1993: Ord. 76-10 § 1 (part), 1976).

16.05.050 BOATING STANDARDS AND REGULATIONS.

(a)    The launching of city-operated boats and private boats shall be prohibited except from the designated boat launch ramp or boat rental dock area.

(b)    It shall be unlawful for any person to launch any privately owned boat in the reservoir unless it has been inspected and decontaminated for aquatic invasive species by the department.

(c)    It shall also be unlawful for any person to launch any boat upon the reservoir unless said boat complies with the following required boat standards:

(1)    Each boat shall be of good construction and in good repair.

(2)    Each boat shall be equipped with one Coast Guard-approved life jacket per passenger, a minimum of one oar or paddle (except pedal boats), and one bailing device.

(d)    Canvas boats, vessels constructed of flexible fabric (canvas, vinyl, or animal hide) stretched over a frame, Styrofoam boats and sailboats shall be prohibited. Ocean kayaks shall have any through drain holes plugged with approved plugs.

(e)    Metal or fiberglass boats of conventional design shall be permitted when equipped with approved flotation material of sufficient capacity to hold up the boat plus three hundred pounds of dry weight or approximately two and six-tenths cubic feet of flotation capacity. Air tanks in metal boats that form an integral part of the hull shall be prohibited.

(f)    A fiberglass boat constructed of honeycomb frame, fiberglass inside and out, shall be permitted without flotation tanks if otherwise meeting the requirements of this section.

(g)    The maximum length of any boat authorized for private use shall not exceed eighteen feet.

(h)    All boats that do not demonstrate suitable buoyancy and stability to ensure floatability in case of capsizing and overturning shall be prohibited.

(i)    All boats, kayaks, and canoes that do not comply with all applicable Coast Guard, state and federal registration, safety and safe boating requirements and regulations shall be prohibited.

(j)    Plastic or canvas inflatables shall be prohibited from entering upon the reservoir. All other inflatables shall be prohibited unless said inflatables are constructed with at least three flotation chambers of reinforced synthetic rubber fabric or the equivalent of at least eight millimeters thickness, are not less than six feet in length overall, and are equipped with floorboards.

(k)    The boarding and exchange of boat passengers shall be prohibited except at boat docks so provided. Disembarking on the west bank of the reservoir and Newell Creek upstream of MacFarlane Cove is also prohibited. This subsection shall not apply to city staff when they are engaged in the performance of their duties.

(l)    Boats with internal combustion engines shall be prohibited.

(m)    The foregoing boat standards shall not apply to canoes or motorboats operated by the city.

(n)    All boats shall be subject to inspection by the chief ranger or their assigns prior to being launched, and any boats that do not meet the standards set forth in this chapter or are otherwise considered unsafe shall be prohibited from being launched. The opinion of the chief ranger or their designee is final. In addition, the chief ranger or their designee may revoke the permission for any boat to be upon the reservoir for the failure to comply with this chapter or any other applicable ordinance, statute or regulation.

(o)    All persons shall be prohibited from occupying or using a canoe or kayak upon the reservoir unless all occupants wear a United States Coast Guard-approved personal flotation device at all times.

(p)    Persons under sixteen years of age shall be prohibited from using or occupying boats on the reservoir unless accompanied by an adult. Persons under sixteen years of age using a single passenger kayak must be directly supervised (in direct line of sight, and within thirty feet distance) by an adult in another vessel.

(q)    The chief ranger or their designee may limit the maximum number of canoes, kayaks, and inflatables on the reservoir at any particular time in order to adequately protect the water quality of the reservoir and avoid interference with public uses of said reservoir.

(Ord. 2013-17 § 1 (part), 2013: Ord. 2010-01 § 1 (part), 2010: Ord. 2005-01 § 1 (part), 2005: Ord. 93-01 § 5, 1993: Ord. 76-10 § 1 (part), 1976).

16.05.060 FISHING REGULATIONS.

(a)    Fishing shall be permitted only from city-rented boats, from private boats and from bank areas posted as permissible fishing areas by the director of the water department. Fishing shall be prohibited in any area that is within one hundred feet from any boat dock and work dock structures.

(b)    It shall be unlawful for persons to exceed the creel limits on fish established by the California Department of Fish and Wildlife and United States Fish and Wildlife Service, which limits shall be posted at the recreational area.

(c)    Possession of a use fee receipt shall not constitute a State Fish and Wildlife License and shall not excuse an individual from the necessity of having such license in accordance with applicable state laws.

(d)    The use of any live bait while fishing shall be prohibited unless authorized by the department.

(Ord. 2013-17 § 1 (part), 2013: Ord. 2010-01 § 1 (part), 2010: Ord. 93-01 § 6, 1993: Ord. 76-10 § 1 (part), 1976).

16.05.070 PICNICKING REGULATIONS.

(a)    Picnicking shall be permitted only at established picnic areas and at such other places as determined and posted by the director of the water department, and shall be prohibited at all other locations.

(b)    Cooking fires shall be prohibited except at the picnic area limits so designated, and only in fireplaces provided for that purpose or in portable barbecues.

(c)    The gathering or taking of firewood from any part of the Loch Lomond Recreation Area shall be prohibited.

(d)    The use of charcoal in fireplaces shall be permitted.

(Ord. 2013-17 § 1 (part), 2013: Ord. 2010-01 § 1 (part), 2010: Ord. 93-01 § 7, 1993: Ord. 76-10 § 1 (part), 1976).

16.05.080 HIKING REGULATIONS.

Hiking shall be permitted only on trails designated as hiking trails by the director of the water department and shall be prohibited in all other locations.

(Ord. 2013-17 § 1 (part), 2013: Ord. 2010-01 § 1 (part), 2010: Ord. 93-01 § 8, 1993: Ord. 76-10 § 1 (part), 1976).

16.05.090 SANITATION REGULATIONS.

(a)    It shall be unlawful for any person to deposit human wastes in the waters of the reservoir, the adjacent tributary system on reservoir property, on city watershed lands or in city riparian conservation areas. Persons in boats shall avail themselves of portable sanitary facilities established by the water department along the east bank of the reservoir.

(b)    No person shall bathe, swim, wade with float tubes or waders, wash or otherwise enter the water of the reservoir. The foregoing shall not apply to water department personnel when performing their assigned duties.

(c)    No person shall deposit or cause to be deposited food scraps, fish remains, paper, bottles, cans or any other waste material, organic or inorganic, into the water of the reservoir, the tributary system, city watershed lands or riparian conservation areas. Persons using the picnic areas, the concession area, and the bank fishing areas shall use the waste-disposal containers that are provided.

(Ord. 2013-17 § 1 (part), 2013: Ord. 2010-01 § 1 (part), 2010: Ord. 2005-01 § 1 (part), 2005: Ord. 93-01 § 9, 1993: Ord. 76-10 § 1 (part), 1976).

16.05.100 GENERAL REGULATIONS.

(a)    All persons permitted to use the facilities and engage in recreational activities at Loch Lomond Recreation Area shall do so entirely at their own risk.

(b)    It shall be unlawful for any person or automobile to enter restricted or closed areas of Loch Lomond Recreation Area, city watershed lands and riparian conservation areas. Automobiles so parked in restricted or closed areas shall be towed at the owner’s expense.

(c)    Pets shall be kept on a leash not to exceed six feet in length and shall be prohibited from entering the water. Any person owning, having an interest in, harboring or having charge of the care, custody, control or possession of any dog which defecates upon the property of the recreation area must immediately remove and properly dispose of the feces. Pets creating a nuisance of any kind as determined by the chief ranger or their designee shall be removed from the recreation area.

(d)    It shall be unlawful for any person using the facilities at Loch Lomond Recreation Area to have alcohol in their possession anywhere in the recreation area without a valid permit issued by the city, or to engage in disruptive or obnoxious behavior or otherwise disturb the peace or create excessive noise, and such persons may be subject to immediate revocation of the permit and be ejected by the chief ranger or his or her designee.

(e)    Trees, shrubs or other plants shall not be cut or otherwise mutilated. Persons shall not abuse or disturb the wildlife or trees and vegetation or any other natural features or manmade features of the watershed property, nor shall they allow their dogs to chase deer or other wildlife. The provisions of this section dealing with plants and wildlife shall not apply to water department personnel when performing their assigned duties.

(f)    It shall be unlawful for any unauthorized person to use or possess any kind of firearms in the Loch Lomond Recreation Area, city watershed lands or riparian conservation areas.

(g)    It shall be unlawful for any person to willfully mark, deface, disfigure, injure, displace or remove any building, structure, bench, monument, planter, paving or building material, sign, notice or other public property or appurtenances at Loch Lomond Recreation Area, watershed property or riparian conservation areas whatsoever.

(h)    It shall be unlawful for any person to willfully and intentionally release any native or nonnative organism into Loch Lomond Recreation Area, or on watershed property and riparian conservation areas. This subsection as it applies to native species shall not apply to city staff when they are engaged in the performance of their duties.

(Ord. 2016-01 § 1, 2016; Ord. 2013-17 § 1 (part), 2013: Ord. 2010-01 § 1 (part), 2010: Ord. 2005-01 § 1 (part), 2005: Ord. 93-01 § 10, 1993: Ord. 76-10 § 1 (part), 1976).

16.05.110 FIRE RULES AND REGULATIONS.

(a)    Smoking shall only be permitted in designated smoking areas and shall be prohibited in all other locations.

(b)    Open fires shall be prohibited in the area of Loch Lomond Recreation Area, on city watershed lands and riparian conservation areas.

(c)    Fires shall be permitted only in fireplaces provided in the picnic areas.

(d)    The use of standard portable barbecues shall be permitted only in the picnic areas, and only next to or on the fireplaces provided.

(e)    It shall be unlawful to dispose of charcoal in any area except in the picnic area fireplaces provided.

(f)    All smoking and fires shall be prohibited when, in the opinion of the chief ranger or their designee, weather conditions are unsafe for such activities.

(Ord. 2013-17 § 1 (part), 2013: Ord. 2010-01 § 1 (part), 2010: Ord. 2005-01 § 1 (part), 2005: Ord. 93-01 § 11, 1993: Ord. 76-10 § 1 (part), 1976).

16.05.120 POSTING OF NOTICES – AUTHORITY TO ENFORCE REGULATIONS.

(a)    Loch Lomond Recreation Area shall be posted with notices specifying all prohibited activities including, but not limited to, trespassing, bathing, shooting, hunting, camping, unauthorized fishing, and warning all persons against violation of any of the regulations of the city of Santa Cruz or the laws of the state of California, or any rules or regulations adopted pursuant thereto, which provide for the protection of Loch Lomond Recreation Area and all city-owned watershed lands and riparian conservation areas.

(b)    All designated officials and employees of the water department of the city of Santa Cruz are hereby vested with authority to enforce all laws, orders, rulings and regulations enacted for the protection of Loch Lomond Recreation Area and all city watershed lands and riparian conservation areas.

(Ord. 2013-17 § 1 (part), 2013: Ord. 2010-01 § 1 (part), 2010: Ord. 2004-21 § 1, 2004: Ord. 76-10 § 1 (part), 1976).

16.05.130 PENALTY FOR VIOLATION.

(a)    Any person availing himself of the recreational privileges, and while upon the properties of the city of Santa Cruz, shall be subject to such local rules and regulations as are in effect, or as may be hereafter enacted, and for the violation of the same the party violating may be ejected from the property.

(b)    Any person while upon the property of Loch Lomond Recreation Area, or upon property controlled by the city in the operation and management of its water system, shall be subject to such local rules and regulations, including sanitary regulations, for the protection of the water supply, as are in effect or may be hereafter enacted, and for the violation of the same the party may be ejected from the properties and be subject to such other penalties as are provided for by law.

(c)    Any person violating any of the rules or regulations enacted under this chapter shall be deemed a trespasser and is subject to the fines and imprisonment provided for trespass in accordance with Section 37359 of the Government Code of the state of California, and the trespass provisions for the Penal Code of the state of California.

(d)    Any person violating any section of this chapter is guilty of an infraction. Any person convicted of any infraction under this chapter is punishable by a penalty as prescribed in Section 4.14.070.

(Ord. 2013-17 § 1 (part), 2013: Ord. 2010-01 § 1 (part), 2010: Ord. 93-01 § 13, 1993: Ord. 76-10 § 1 (part), 1976).