Chapter 8.40
PARKS AND BEACHES
Sections:
8.40.040 General rules and regulations.
8.40.050 Annual pass programs.
8.40.060 Lakefront property boat launch program.
Prior legislation: Ords. 560, 926, 981, 1057, 1266 and 1337.
8.40.010 Purpose.
The purpose of this chapter is to provide rules and regulations for City-owned public parks and beaches, access to the lake from private property, and annual pass programs. [Ord. 1353 § 1, 2016].
8.40.020 Definitions.
“Alcohol” means ethyl alcohol, hydrated oxide of ethyl, or spirits of wine, from whatever source or by whatever process produced.
“Beach” means all City-owned public beaches along the lake shoreline.
“Camp” or “camping” means to place, pitch, or occupy camp facilities, including recreational vehicles; to live temporarily in a camp facility or outdoors; or to use camp paraphernalia for the purpose of temporary human habitation.
“City Manager” means the City Manager of the City of Lake Elsinore or designee.
“Lake” means Lake Elsinore.
“Lakefront property” means any real property that directly abuts the lake and is contiguous with the lake’s waterfront.
“Park” means all City-owned public parks located within the City limits. [Ord. 1353 § 1, 2016].
8.40.030 Closure time.
All City parks and beaches are closed between the hours of 10:00 p.m. and 6:00 a.m. of each day, except at such dates and times as approved by the City Manager or during a special event that has been approved in accordance with Chapter 5.108 LEMC. It is unlawful for members of the public to enter any parks and beaches while closed. [Ord. 1353 § 1, 2016].
8.40.040 General rules and regulations.
A. It is unlawful for any person to drink or consume or attempt to drink or consume any alcoholic beverages while such person is in or upon any public park or public beach, except: (1) La Laguna Resort and Boat Launch; (2) unless authorization has been obtained from the City Manager; or (3) during a special event where alcohol has been authorized in accordance with Chapter 5.108 LEMC.
B. Motorized vehicles are prohibited from City parks and public beaches, unless authorization has been obtained from the City Manager or during a special event where authorization has been obtained in accordance with Chapter 5.108 LEMC. City maintenance vehicles, contract maintenance vehicles, and public safety vehicles are exempt.
C. Pets are permitted in City parks and designated beaches. Designated beaches where pets are permitted are indicated by way of posted signage. All pets must be on a leash, except within designated off-leash areas and in accordance with such posted rules and regulations. Owners are responsible for cleaning up and removing all droppings left by their pets.
D. The act of golfing is prohibited in City parks unless authorization has been obtained by the City Manager.
E. Open fires are prohibited unless contained within fire rings provided by the City.
F. The use of firearms and any acts of archery are prohibited in City 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 City beach for the purpose of camping except on such property designated by the City for the purpose of camping. However, the following exception applies: the use of umbrellas and/or shade structures, not larger than 144 square feet, are permitted during daylight hours.
H. Littering is strictly prohibited. [Ord. 1353 § 1, 2016].
8.40.050 Annual pass programs.
A. There is hereby established an annual pass program to be included in the operation of the lake.
B. Annual Lake Use Pass. Members of the general public may purchase an annual lake use pass for unlimited use of the lake. The lake use pass must remain on the vessel at all times while operating the vessel on the lake. Annual lake use passes are not transferable to any other vessel. The holder of an annual lake use pass shall be required to pay any necessary launch fees at boat launches.
C. Annual Lakefront Use Pass. Any lakefront property owner or tenant shall be entitled to purchase annual lakefront use passes for up to four vessels owned by such property owner or tenant. The annual lakefront use pass shall permit unlimited lake use and launching from the applicable lakefront property.
1. Annual lakefront use pass applicants shall provide the City with the following:
a. For owners, a grant deed proving ownership in the lakefront property.
b. For tenants, verification of legal tenancy by (1) personal appearance and signature verification of tenancy by property owner at City offices, (2) notarized statement from property owner that applicant is the tenant in legal possession of the lakefront property, or (3) such other information and documentation as the City Manager deems acceptable to establish that the applicant is a legal tenant in possession of the lakefront property.
c. Registration paper(s) of vessel(s) intending to utilize the annual lakefront use pass showing ownership in the name of the applicant.
d. Picture identification.
2. The holder of an annual lakefront use pass is authorized to overnight off-shore anchoring, beaching, mooring, docking, launching and delaunching at holder’s lakefront property.
3. The holder of an annual lakefront use pass shall be issued an annual lakefront use pass identification sticker for each vessel, which sticker shall be affixed to the holder’s vessel(s) at all times while on the lake.
D. Annual Commercial Lake Use Pass. Businesses and/or concessionaires may purchase annual commercial lake use passes for unlimited use of the lake for lake related business. Passes may be transferable between vessels or affixed to the port side of the vessel. If not affixed to the vessel, the annual commercial lake use pass must be present at all times when operating the vessel on the lake.
E. Annual Launch Pass. Members of the general public may purchase an annual launch pass for unlimited launching at all City-owned operational boat launches. Annual launch passes are only valid at City-owned boat launches.
F. Annual Resort Use Pass. Members of the general public may purchase an annual resort use pass for unlimited access to resort day use areas. The annual resort use pass is only applicable for City-owned facilities that charge daily entrance fees, such as La Laguna Resort and Boat Launch.
G. Fee amounts for all passes shall be established by a resolution of the City Council and shall be valid for one calendar year from January 1st through December 31st of the year purchased. Annual passes are nonrefundable.
H. Annual lake use passes and/or annual launch passes (stickers) shall be affixed to the vessel’s port side within four inches of the vessel’s C.F. numbers. Annual day use resort passes shall be maintained in the possession of the owner. [Ord. 1353 § 1, 2016].
8.40.060 Lakefront property boat launch program.
A. Only lakefront properties are entitled to the provisions of this section, subject to the restrictions contained therein.
B. The legal ability to launch vessels pursuant to this section is available only to the owners of record or legal tenants of lakefront property. The provisions hereof are applicable both when the waters of the lake are physically in contact with the property and when the lake has receded off of such 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 an annual lakefront 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. All vessels launched from lakefront property shall possess either a current annual lakefront use pass pursuant to LEMC 8.40.050(C) or a daily lake use pass pursuant to LEMC 9.96.050(A).
E. Lakefront 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.
F. Reasonable sanitary facilities must be available (i.e., residence, RV or portable toilet) for the authorized users of private docks, piers and launch ramps.
G. Only a person meeting the requirements of this section is permitted to launch from lakefront property. All other vessels must launch from authorized public or commercial launching facilities.
H. Any holder of an annual lakefront use pass who refuses to comply or is found to regularly disregard the provisions of this section, or is utilizing the annual lakefront use pass for commercial purposes, shall be subject to having such pass revoked. [Ord. 1353 § 1, 2016].