4.28.102 Purpose.

This chapter contains regulations previously applicable to the territory incorporated as the City of Oakley. The City has adopted these regulations and they remain in effect within the City. These regulations shall be jointly enforced by City and County officials.

4.28.104 Applicability.

Subject to Federal and State statutes and regulations, this chapter applies to and governs all public waters in this County, including lakes and rivers or portions of them, over which this county has police power jurisdiction exclusively and/or concurrently with the United States and/or the State of California.

4.28.106 Definitions.

Unless the context otherwise requires, the words and phrases used in this division have the meanings given them in Chapter 5 of Division 3 (Sections 650 et seq.) of the California Harbors and Navigation Code. "Aquaplane" means any device, including skis, used to move one or more persons on the surface of the water and pulled or towed by any vessel, vehicle, or other motive power.

4.28.108 Owner Responsibility.

No person owning, possessing, or in charge of any vessel shall knowingly permit the vessel to be operated in violation of this division.

4.28.110 Establishment of Marked Areas.

The Board of Supervisors by resolution as to waters under its jurisdiction, and/or the authorized representative of any other public agency as to water under its jurisdiction, may designate and cause to be appropriately marked boat launching areas, areas designed exclusively for swimming, areas where swimming is prohibited, areas where boats are prohibited, areas of restricted speed or "slow areas," and other boating and personnel control signs and devices, and may change these designations from time to time as the public safety and welfare may require. No person shall fail to comply with these designations when so marked.

4.28.112 Water Shows and Boat Races Exempt.

This chapter does not prohibit or restrict the operation of any vessel, aquaplane, or water skier actually participating in a water show, race or regatta, previously authorized in writing and actively supervised by a public agency or its duly authorized agent having jurisdiction over the waters involved.

Article 2    SPEED ZONES

4.28.202 Speed Designated.

The areas designated in this chapter are speed zones in which no person shall operate any vessel, or permit it to be operated, at a speed in excess of five nautical miles per hour.

4.28.204 Slow Area.

Any area designated as a "slow area" by resolution of the Board of Supervisors is a speed zone.

4.28.206 Near Swimmers.

The area within 100 feet of any person who is bathing or swimming is a speed zone.

4.28.208 Near Vessels 16 Feet or Under.

The area within 100 feet of any vessel 16 feet in length or smaller likely to be seriously endangered by the wake of the passing vessel is a speed zone.

4.28.210 Near Swimming Floats.

The area within 200 feet of any swimming float or diving platform, except special floats used for water skiing, is a speed zone. Special skiing floats shall be clearly marked and permits issued for their establishment, and the area of their use shall be designated by the appropriate authority.

4.28.212 Near Docks or Wharves.

The area within 200 feet of any legal dock, wharf, dam, way or landing float to which vessels are landed or made fast or which is used for the embarkation or discharge of passengers as approved by U.S. Army Engineers is a speed zone.

4.28.214 Near Vessels Engaged In Rescue Operations.

The area within 200 feet of:

a.    Any marked vessel engaged in rescue operations or dragging for bodies or property; or

b.    Any vessel attempting to overhaul or board another vessel involved in any violation of this division or of any other law; or

c.    Any vessel engaged in fire fighting is a speed zone.


4.28.302 Where Swimming is Prohibited.

No person shall swim in any area designated as a "no swimming" area, or outside the boundaries of a marked swimming area, or in a location or in a manner likely to create a condition hazardous to himself or to any other person or object.

4.28.304 Near Marked Swimming Areas.

No person shall operate any vessel, or ride, pull or tow any aquaplane or water skis, within any designated swimming area or within 20 feet of the exterior boundaries thereof.

4.28.306 Near Dam or in "No Boating" Areas.

No person shall operate any vessel within 500 feet of any dam owned or operated by a public agency, or within any area designated as a "no boating" area by the appropriate regulatory agency, where signs have been erected giving notice of the prohibition.

4.28.308 Motorboats on Small Lakes.

No person shall operate a motorboat on a lake containing less than 300 surface acres where signs have been erected at intervals of not over 0.25 mile around the lake giving notice of the prohibition.

4.28.310 Overloading Vessels.

No person shall load or operate any vessel with passengers or cargo in excess of its safe carrying capacity. A violation of the following standard constitutes prima facie evidence of a violation of this section. The maximum safe carrying capacity, in pounds, of any rowboat or outboard motorboat, except racing models, is seven and one-half times the product of the length, width and depth (draft plus freeboard) in feet.

4.28.312 Discharge of Firearms.

No person shall shoot any firearm, or gun operated by spring or compressed gas, from any vessel or across or over any portion of any navigable body of water; but this does not prohibit the otherwise lawful shooting of a shotgun to kill waterfowl.

4.28.314 Night Aquaplaning and Water Skiing.

No person shall operate a vessel, vehicle or other motive power which is pulling or towing any aquaplane or water skier, nor shall any person ride any aquaplane or water skis, between sunset and the following sunrise.

4.28.316 Operation Of Vessel By Passengers.

No person shall operate, or permit the operation of, any vessel while anyone is anywhere thereon not designed or intended for use by passengers, nor shall anyone ride in such a manner.

Article 4    VIOLATIONS

4.28.402 Generally.

When any person is arrested for a violation of this division, the provisions of Harbors and Navigation Code Sections 664 (et seq.) shall apply.