Chapter 9.96 REGULATING THE USE OF CERTAIN PORTIONS OF LAKE ELSINORE

The City of Lake Elsinore is authorized by law to adopt measures governing the use and equipment, and matters relating thereto, of boats and vessels on Lake Elsinore; and there are certain portions of Lake Elsinore within which submerged obstacles exist. These obstacles constitute a hazard to the general health, safety and welfare of persons utilizing those portions of Lake Elsinore and the City of Lake Elsinore is desirous of protecting the public from those submerged hazards. The above recitals are true and correct. [Ord. 753 § 1, 1985].

9.96.020 Area regulated.

The area that this chapter shall regulate is as follows:

All properties at or below the elevational mark of 1,265 feet mean sea level southeasterly of the State Recreational Area Boundary (1,240 feet mean sea level) and within the perimeter streets of Lakeshore Drive to the north, Mission Trail to the northeast, Corydon Road to the southeast and the City Boundary Line to the south and southwest.

Excepting therefrom any property within the described area above, that has a valid existing conditional use permit or City business license, as long as said property owner stays on his own property and maintains same in a safe manner. [Ord. 753 § 2, 1985].

9.96.030 Boats prohibited in regulated territory.

It shall be unlawful to operate a boat or vessel within the territory described in LEMC 9.96.020 unless authorized by written order of the City Manager. [Ord. 1063 § I, 2000; Ord. 753 § 3, 1985].

9.96.035 Boat launching.

It shall be unlawful to launch boats or any vessel from public property specifically including the terminus of any City street, roadway, or easement unless so designated. [Ord. 953, 1993].

9.96.040 Adequate markings required.

Appropriate markings designating said area of nonuse shall be placed in a manner to adequately provide notice of said area of nonuse. [Ord. 753 § 4, 1985].

9.96.050 Violations – Penalty established.

First offense shall be deemed an infraction, subject to a $65.00 fine; second offense shall be deemed a misdemeanor. [Ord. 753 § 5, 1985].

9.96.060 Marking private property.

Any property owner subject to the exception in LEMC 9.96.020 shall be required to mark his private property by posting said property with blue and white buoys. [Ord. 753 § 6, 1985].

9.96.070 Construction.

No person shall wharf or erect quays, jetties, piers, breakwaters, groins, moles, wharves, docks, bathhouses, or any structures whatsoever floating or otherwise upon or in Lake Elsinore Recreation Area or water of Lake Elsinore except by permission of concession in writing by the City of Lake Elsinore. [Ord. 957, 1993].

9.96.080 Traffic patterns.

Except as authorized by written order of the City Manager, all boat traffic shall move in a counterclockwise direction measured from the center of Lake Elsinore. No person shall operate or cause a boat to move in a clockwise direction or turn around except in the five mile per hour zones, which are nondirectional, or except in any zone when a person has fallen overboard or when a skier has fallen, and then only for the purpose of retrieving the fallen person. [Ord. 1063 § I, 2000; Ord. 957, 1993].

9.96.090 Ski tow rope.

No person shall operate a boat with a ski tow line exceeding 75 feet except in the fast boat zone. [Ord. 957, 1993].

9.96.100 Towed equipment.

No person shall tow with a boat any devices which may be used to carry persons other than water skis or aquaplanes without the written permission from the City in a special exhibition or event. [Ord. 957, 1993].

9.96.110 Sailboats.

No person shall operate a sailboat within the fast boat zone. [Ord. 957, 1993].

9.96.120 Boat speed limits.

No person shall operate a boat in a unit at speeds in excess of that authorized for the area in which the boat is operating. Boat speed limits shall be designated and posted.

A. The maximum allowable boat speed limit of Lake Elsinore is 35 miles per hour, except in the designated high speed zone.

B. Five miles per hour (idle/wakeless forward motion) is the maximum allowable speed in:

1. Buoyed areas – shoreline to buoys.

2. During restricted visibility (visibility less than 1,000 feet, fog haze and/or smoke).

3. Within 100 feet of a person in water.

C. The maximum allowable boat speed limit within the high speed zone is 150 miles per hour, except as provided in subsection (D) of this section.

D. The maximum allowable boat speed limit shall be 35 miles per hour within the high speed zone every Saturday and Sunday beginning with the first Saturday in May and ending on the last Sunday in September, Memorial Day, Fourth of July, and Labor Day.

E. Notwithstanding subsection (C) of this section, a person may operate a boat within the high speed zone at a speed in excess of 150 miles per hour when authorized pursuant to a special event permit as provided in Chapter 5.108 LEMC.

F. A person operating a boat traveling in excess of 35 miles per hour within the high speed zone shall be not less than 16 years old. [Ord. 1250 § 1, 2008; Ord. 1100 § 1, 2003; Ord. 957, 1993].

9.96.125 Length of vessels.

Vessels operating on Lake Elsinore shall not exceed a maximum of 40 feet in length, unless authorized by written order of the City Manager. [Ord. 1100 § 2, 2003; Ord. 1063 § II, 2000].

9.96.130 Operating boats during nighttime.

Where night boating is authorized, no person shall operate a boat at speeds in excess of five miles per hour, unless authorized by written order of the City Manager. [Ord. 1063 § I, 2000; Ord. 957, 1993].

9.96.140 Vessels.

A. No person shall beach, land, launch, moor, dock, or berth a vessel, boat or any other object overnight except in areas so designated and posted by the Department.

B. The Department may, by posting of an order, specify locations, conditions, and limitations for the beaching, landing, launching, mooring, docking, or berthing of a vessel, boat, or any other object. No such posting of notices shall apply until signs or markings giving notice thereof have been placed.

C. Beached or abandoned vessels, boats, or any other objects are to be removed by the registered owner from City property within 24 hours of notification. The last registered owner of record is responsible and is thereby liable for the cost of removal and disposition of the vessel, boat, or other object beached or abandoned.

D. Persons aboard sailboards must have aboard a United States Coast Guard approved personal flotation device (Type I, II, III, or IV) for each person aboard the sailboard, when the sailboard is operated on the water. The personal flotation device must be readily accessible at all times.

E. Submersible vessels are not permitted.

F. Vessels operating in the designated high speed zone at speeds of 80 miles per hour and greater shall be equipped with an ignition kill switch tethered to the driver and all persons aboard such vessels shall wear a flotation device with a United States Coast Guard 100-mile-per-hour rating and helmets. Helmets must meet the specifications set forth by any of the following: Department of Transportation, American National Standards Institute, Inc., Snell, or military specification helmet designed for military aircraft. The upper 50 percent of the helmet must be neon, florescent, red, orange, yellow, or international orange.

G. No person shall operate a hydroplane vessel on Lake Elsinore, unless authorized pursuant to a special event permit as provided in Chapter 5.108 LEMC. For purposes of this subsection, a hydroplane vessel means a motorboat that has been designed to rise out of the water and skim along the surface when the vessel is traveling at high speeds. [Amended during 2008 recodification; Ord. 1238 § 1, 2007; Ord. 1100 § 3, 2003; Ord. 957, 1993; Ord. 957, 1994].

9.96.150 Disposal of waste from boats.

Any boat must be so constructed or equipped that all wastes, including but not limited to shower water and human waste, are discharged into a holding tank. Such wastes shall only be discharged in on-shore disposal facilities. [Ord. 957, 1993].

9.96.160 Inspections.

A. A City peace officer or peace officer with concurrent jurisdiction may inspect any vessel or boat at any time for compliance with all applicable laws, rules and/or regulations. Any person who refuses to allow such inspection shall immediately remove his vessel from the waters of the park system.

B. No person shall operate a boat or vessel when such boat or vessel does not comply with all applicable laws, rules and/or regulations.

C. No boat shall remain launched or in continuous use in the City park system for more than 30 days except by concession granted. [Ord. 957, 1993].

9.96.170 Restricted use.

The following lands and facilities at the Lake Elsinore Recreation Area are closed or restricted to all persons, other than City employees or authorized individuals in the following manner:

A. Wells number one, two, and three.

B. Sites posted with buoys or fencing, depending on water level.

C. No person shall be within 50 feet of said facility, except as authorized by the City.

D. No person shall operate a radio-controlled model replica device unless authorized through an approved special event permit.

E. Operation of radio-controlled model replica devices will occur only in designated areas as identified in the approved special event permit.

F. Portions of the lake may be closed to boating activity, as the lake level recedes and exposes hazards. Affected portions will be posted with buoys, stating “closed to boats.”

G. No person shall berth, moor, dock, or otherwise secure any vessel or other object, fish, dive, or swim from the City patrol dock facility located on Lake Elsinore. [Ord. 957, 1993].

9.96.180 Launching.

No vessel shall cast off, weigh anchor, or launch when the following conditions exist unless authorized by written order of the City Manager:

A. During nighttime hours (one-half hour after sunset to one-half hour before sunrise).

B. No personal water craft or power boats with less than six inches of freeboard (measured from the water surface to the lowest portion of the gunwale), will launch, weigh anchor, cast off, or remain on Lake Elsinore when the wind speed reaches or exceeds 39 miles per hour (gale warnings).

C. The lake surface is closed to vessels or similar objects when a wind speed of 55 miles per hour or greater is reached (full gale).

D. Launching of any vessel shall only occur at authorized launch ramp facilities or from private property when such property is inundated by waters of Lake Elsinore. [Ord. 1063 § I, 2000; Ord. 957, 1993].

9.96.190 Anchoring.

No person shall anchor a vessel outside of the designated no wake zone. [Ord. 1100 § 4, 2003].

9.96.193 Fishing with a second pole.¹

Repealed by Ord. 1053. [Ord. 995, 1995].

9.96.200 Motorboat noise.

Operating or permitting the operation of any motorboat in Lake Elsinore in such manner as to cause a noise disturbance across a residential or commercial real property line or at any time to violate the provision of LEMC 17.176.060(A), exterior noise limits. [Ord. 984, 1994].

9.96.210 Aircraft.

No person using any aircraft shall land, taxi, or take off from Lake Elsinore, if not specifically approved by the City Manager’s office after a finding that the activity is consistent with all necessary safety rules and regulations. No person shall parachute into, fly an aircraft, ultralight vehicle, or hang glider over, or parasail or balloon over Lake Elsinore at an altitude of less than 500 feet unless authorized by the City Manager’s office by written order. [Ord. 1002, 1995].

9.96.220 Age limit for operating vessels.

A. No person under 16 years of age shall operate a motorboat having propulsion of more than 15 horsepower (except for a sailboat that does not exceed 30 feet in length or a dinghy used directly between a moored boat and the shore, or between two moored boats).

B. Persons 12 to 15 years of age may operate motorboats of more than 15 horsepower when supervised on board by someone at least 18 years of age. [Ord. 1037 § 1, 1998].

9.96.230 Reckless and/or negligent operations of vessels.

A. Vessel operators may not jump the wake of another vessel within 100 feet of that vessel.

B. Vessel operators may not turn sharply in close range of any person or vessel to “spray them down.”

C. Vessel operators may not operate at a speed and proximity to another vessel to cause either vessel to swerve at the last minute to avoid collision. [Ord. 1037 § 1, 1998].

9.96.240 Buoys, beacons, and axial flow pump stations.

No person shall moor to, destroy, trespass upon, or cause willful damage to any buoy, beacon, or axial flow pump station. No person shall willfully or maliciously cut, break, injure, sink, set adrift, trespass, or moor any vessel of any kind to any buoy, beacon, or axial flow pump station platform placed within Lake Elsinore by the City. [Ord. 1100 § 5, 2003].

See LEMC 8.44.050 for regulations pertaining to fishing methods.