CHAPTER 3. USE OF PUBLIC RIVERS AND STREAMS
ARTICLE 1. GENERAL PROVISIONS
2-03-1000 PURPOSE:
The purpose of this Chapter is to provide for the safe and beneficial use of the public rivers and streams over which the County of Tulare exercises police powers.
2-03-1005 DEFINITIONS:
Unless the context otherwise requires, the following definitions shall govern the construction of this Chapter:
(a) "Boat" includes every type of watercraft, other than a seaplane or aquaplane, used or capable of being used as a means of transportation of persons or property upon, under or over the surface of water including, but not limited to, any boat, vessel, barge, canoe, raft, skiff, dinghy, rowboat, sailboat, sailing vessel, yacht, motor vessel, launch, ship, jet ski, float, water ski, pontoon or other personal watercraft.
(b) "General Services Director" means the Director of the General Services Department of the County of Tulare or his duly authorized representative or deputy.
(c) "Owner" means the person registered by the California Department of Motor Vehicles, or any State other than California, as the owner of the boat.
(d) "Motorboat" shall mean and include every description of watercraft within the definition of boat used or capable of being used as a means of transportation on water and which is or may be propelled by machinery whether or not such machinery is the principal source of propulsion.
(e) "Raft" shall mean any object used to float with the current, including but not limited to surfboards, styrofoam objects, logs, boards, air mattresses, rubber rafts and inner tubes but shall not include canoes, kayaks or rowboats.
(f) "River" means any herein named public river or stream within the boundaries of the County of Tulare over which the County has and exercises police power jurisdiction, either exclusively or concurrently with the United States or the State of California, by contract, by law or otherwise.
(g) "Stunt riding" means driving, riding or operating of a motorboat while facing or riding backwards, standing on head, standing on seat, or in a similar reckless and negligent manner so as to endanger the life, limb or property of any person. Stunt riding also includes but is not limited to the operating of a motorboat in a reckless or irresponsible manner so as to cause the boat to jump a ramp or other obstacle or otherwise be of danger to the operator or the public.
2-03-1010 NOT EXCLUSIVE REGULATION:
This Chapter is not the exclusive regulation of public rivers and streams. It shall supplement and be in addition to the other statutes, rules, regulations and ordinances heretofore or hereafter enacted, adopted or otherwise propounded by the United States or any Department thereof, the State of California or any Department thereof, the County of Tulare, or any other legal entity or agency having jurisdiction. No provision of this Article is intended to supersede or be in conflict with any statute, rule or regulation of the United States or of the State of California relating to the river addressed by this Chapter. In the event of any conflict between the provisions of this Chapter and any such State or Federal statute, rule or regulation, the conflicting provisions of this Chapter shall be deemed superseded by the State or Federal statute, rule or regulation, and of no force or effect. Provided further, that other provisions of this Chapter not in conflict with any law or any State or Federal statute, rule or regulation shall remain in full force and effect.
2-03-1015 STATE LAWS AND REGULATIONS:
The laws of the State of California relating to the operation and equipment of boats upon the waters of this State, and rules and regulations adopted pursuant to State law, are applicable to the operation and equipment of boats upon public rivers in Tulare County.
2-03-1020 ADMINISTRATION AND ENFORCEMENT:
(a) Except as otherwise provided, this Chapter shall be administered by the General Services Director.
(b) Except as otherwise provided, this Chapter shall be enforced by the General Services Director or the Tulare County Sheriff and any of their duly authorized deputies or Lake Patrol employees.
2-03-1025 PERMITS:
(a) Authority to issue permits: The Resource Management Agency Director is authorized to issue permits following a Board resolution authorizing the Director to consider an application for an activity identified in this Chapter. Once the Board has passed the resolution, subsequent applications from the same applicant, for the same activity and location, do not require additional Board authorization. The Resource Management Agency Director shall require approval from the Tulare County Sheriff prior to the issuance of permits for activities identified in this Chapter.
(b) Permit required: It shall be unlawful for any person to hold, manage, conduct, carry on, or cause or permit to be held, managed, conducted or carried on any activities identified in this Chapter without first obtaining a written permit to do so from the Resource Management Agency Director.
(c) Application for permit: Any person who wants to hold, manage, conduct, carry on, or cause or permit to be held, managed, conducted or carried on any activities identified in this Chapter shall first make a written application for and secure a written permit from the Resource Management Agency Director. The application must be submitted 60 days prior to the date of the activity. The Director may exercise discretion to shorten this time period. Applications from individuals shall be signed by the individual applying for the permit. Applications from business entities or organizations shall be signed by the managing agent. The applications shall be on forms prescribed by the Resource Management Agency Director, and shall specify the time, place and purpose for which the permit is desired. Upon receipt of a first-time, properly executed application, the Resource Management Agency Director shall seek a Board Resolution authorizing the Director to proceed with consideration of the application within a reasonable time.
(d) Consideration of resolution: When considering whether to pass a resolution authorizing consideration of an application for an activity identified in this Chapter, the Board of Supervisors shall hear any evidence offered that concerns the place where the activity is to be held and its relation to the public peace, health and safety of the community.
(e) Consideration of application: When the Resource Management Agency Director considers an application for a permit for an activity identified in this Chapter, the Director shall require approval from the Tulare County Sheriff regarding the health, safety and welfare of the community. The Resource Management Agency Director may grant or deny the application, in whole or in part, and place restrictions on the permit as deemed necessary.
(f) Fees: The Resource Management Agency Director may impose reasonable fees for the cost of the application.
(g) Insurance: Prior to the issuance of a permit an applicant shall file with the Resource Management Agency Director policies or certificates of general liability insurance covering the activities under the permit and in form and amount acceptable to the County Risk Manager. The insurance policies shall name the County, its officers, employees and agents as additional insureds, may contain other requirements as deemed necessary by the County Risk Manager and shall be maintained without modification for the term of the permit.
(h) Judicial review of Board resolution: Judicial review of a decision of the Board of Supervisors made after a hearing pursuant to this Chapter, if the decision denies the Resource Management Agency Director’s request to review the permit application, shall be made pursuant to section 1094.6 of the Code of Civil Procedure of the state of California. The method of judicial review, the time limits for judicial review, and all of the other provisions of said section 1094.6 shall govern such judicial review. When giving written notice to the applicant that the permit has been denied or revoked, the Board of Supervisors shall provide notice to the applicant that the time within which judicial review must be sought is governed by said section 1094.6.
(i) Appeal of permits: Any interested person may appeal any decision by the Resource Management Agency Director to grant, deny or condition a permit to the Board of Supervisors in accordance with section 165 of this Ordinance Code, and upon any fee established by the Board of Supervisors.
(j) Duration: All permits issued pursuant to this Chapter shall be non-transferable and non-assignable. A permit shall be restricted in its application to a single event at a designated time and specific location.
(Amended by Ord. No. 3552, effective 05-02-19)
2-03-1030 APPEALS ON PERMITS:
Any interested person may appeal any decision by the Director to grant, deny or condition a permit to the Board of Supervisors in accordance with section 165 of this Ordinance Code and upon payment of any fee established by resolution of the Board of Supervisors.
ARTICLE 3. FISHING
2-03-1080 STREAMS DECLARED PUBLIC HIGHWAYS FOR FISHING:
Pursuant to Government Code section 25660, it is hereby declared that the following rivers and streams situated in the County of Tulare are public highways for the purpose of fishing therein:
(a) The waters of the Kern River and its tributaries lying north of the Kern County boundary line.
(b) The waters of the Tule River and its tributaries lying within the boundaries of the Sequoia National Forest.
(c) The waters of the Kaweah River and its tributaries lying within the boundaries of the Sequoia National Forest and National Park.
ARTICLE 5. BOATING AND SWIMMING ON THE KINGS RIVER
2-03-1130 APPLICATION:
This Article shall apply to the use of the waters of the Kings River within Tulare County from the Fresno County boundary to the Kingsburg Weir, including any and all channels thereof.
(Amended by Ord. No. 3559, effective 6-20-19)
2-03-1135 KINGS RIVER: BOATING AND SWIMMING DURING HIGH WATER:
The Tulare County Sheriff may close or restrict the use of any portion of the Kings River to swimmers and/or any or all classes or types of boats when necessary to protect the public health or safety, including, but not limited to, situations when excessively high or low water levels and debris present an unreasonable danger to swimmers, boaters and/or adjacent property. It shall be unlawful for anyone, other than a person engaged in emergency activities carried out with the authorization and under the control of the Tulare County Sheriff or his duly authorized representatives, to use any portion of the Kings River in a manner that is contrary to a posted or signed closure or restriction under this section. Appeal of an action taken by the Tulare County Sheriff to close or restrict any use of the Kings River under this section may be made by any interested person in accordance with section 165 of this Ordinance Code.
(Amended by Ord. No. 3552, effective 05-02-19)
2-03-1140 KINGS RIVER: BOATING GENERALLY:
In addition to the prohibitions of section 2-03-1135, it shall be unlawful to do any of the following on the Kings River:
(a) Operate a motorboat at any time on any portion of the River in excess of thirty (30) miles per hour.
(b) Operate a boat or swim in violation or disregard of any posted restrictions in any areas designated under section 2-03-1150.
(c) Operate a motorboat at any time on any portion of the River in excess of five (5) miles per hour when within one hundred (100) feet of a swimmer or sailboat or other boat not under power.
(d) Operate a motorboat at any time on the River in excess of five (5) miles per hour when within two (200) hundred feet of a swimming area designated pursuant to section 2-03-1150 or a boat launch area designated pursuant to section 2-03-1150.
(e) Operate a motorboat on any portion of the River in excess of five (5) miles per hour from sundown until sunrise of any day.
(f) Operate a motorboat on any portion of the River in excess of five (5) miles per hour when the water release from the Pine Flat Dam is less than eight hundred (800) cubic feet per second as measured at the Highway 99 bridge crossing east of Riverland and announced by the Kings River Watermaster and posted at all launch sites along the River designated under section 2-03-1150 by the Director.
(g) Operate a motorboat within one hundred feet of another boat when crossing the wake of the other boat.
(h) Operate a boat other than a raft within fifty feet (50) of a swimming area designated under section 2-03-1150.
(i) Operate a boat at any time on any portion of the Kings River in a clockwise direction of travel in relation to the center of the river or any island or obstruction encircled by the River. Travel shall be in a counter-clockwise direction only.
2-03-1145 SUPERVISED BOAT RACES, SPECIAL EVENTS, WATER SHOWS AND GROUP OUTINGS:
(a) It shall be unlawful to sponsor, hold, conduct, participate in, or to cause, aid, advise or encourage the conduct of any races, boat races, speed contests, exhibitions of speed, time trials, record runs or trial runs in preparation of any such event on the River unless a permit is issued for such activities as set forth in § 2-03-1025. The foregoing events are unlawful, without permit, regardless of whether or not entry fees are charged or prizes are awarded.
(b) It shall be unlawful to sponsor, hold, conduct, participate in, or to cause, aid, advise or encourage, or to operate any equipment or facilities in any parasailing or hang gliding activity or in any activity in which three or more water skiers or aquaplaners are towed behind any boat on the River unless a permit is issued for such activities as set forth in § 2-03-1025.
(c) It shall be unlawful to sponsor, hold, conduct, participate in, or to cause, aid, advise or encourage the conduct of any water carnivals, boat regattas, music festivals, dramatic presentations, water shows, group sporting events or group outings on the River unless a permit is issued for such activities as set forth in § 2-03-1025.
(d) It shall be unlawful to place or operate any boat on the River for a fee or profit without a permit issued as set forth in § 2-03-1025.
(e) It shall be unlawful to engage in, sponsor, hold, conduct, participate in, or to cause, aid, advise or encourage in any stunt riding on the River unless a permit is issued for such activities as set forth in § 2-03-1025.
(Amended by Ord. No. 3552, effective 05-02-19)
2-03-1150 ESTABLISHMENT OF DESIGNATED AREAS:
The Tulare County Sheriff may designate, and cause to be appropriately marked, boat launching areas, areas designated exclusively for swimming, areas where swimming is prohibited, areas where diving into the water is prohibited, areas where boats are prohibited, passageways for boats, areas of restricted speed or "slow" areas and other areas in which engaging in specified activities shall be prohibited or permitted, and may change the same from time to time as the public safety and welfare may require, and when so marked it shall be unlawful for any person to fail to comply with such designations.
(Amended by Ord. No. 3552, effective 05-02-19)
2-03-1155 INTERFERENCE WITH MARKERS:
It shall be unlawful to secure any floating or stationary mooring facilities to, or interfering with, a buoy, channel marker, designated area marker or other navigational aid upon the River. It shall be unlawful to move, remove or interfere with any buoy, channel marker, designated area marker or other navigational aid placed upon the River by under section 2-03-1150.
ARTICLE 7. VIOLATIONS
2-03-1205 VIOLATIONS:
(a) The Tulare County Sheriff’s Office, Boating Safety and Enforcement Unit also utilizes the California Boating Law, established by California State Parks, Division of Boating Waterways. These are the laws and regulations concerning recreational boating, including access, safety and education, marine law enforcement, and consumer and environmental protection. The California Boating Law book includes excerpts from the Harbors and Navigation, Business and Professions, Corporations, Education, Fish and Game, Government, Health and Safety, Public Resources Vehicle and Water Codes, the California Code of Regulations, and the Federal Inland Navigation Rules as they relate to recreational boating. The laws and regulations in the California Boating book also apply to the use of public waters in Tulare County. The Sheriff’s Office enforces these laws and regulations in addition to the County Boating Ordinances. The general public is expected to have knowledge of these laws and regulations, and to comply with them.
(b) Any person violating any provision of this Chapter shall be guilty of a misdemeanor and shall be punishable as provided in section 125 of this Ordinance Code.
(Amended by Ord. No. 3552, effective 05-02-19)