Chapter 12.28 BOATS AND BOATING

This article shall be applicable to and govern all public waters including lakes and rivers or portions thereof situated within the boundaries of the county over which the county has police power jurisdiction, either exclusively or concurrently with the United States or the state, or both insofar as the provisions of this article do not conflict with applicable statutes or regulations of the United States or the state. (Ord. 301 §1, 1958).

12.28.020 Definitions.

The following words and phrases when used in any provision of this article shall be construed to have the following meaning:

A. "Aquaplane" means any device including skis used for the transportation of one or more persons upon the surface of the water, and which is pulled or towed by any boat, vehicle or other motive power by means of a rope, chain, cable, wire or other connection.

B. "Boat" means any vessel or device, except an aquaplane or water ski, in or upon which persons or property may be transported upon, under or over the surface of water including, but not confined to any boat, raft, barge, canoe, skiff, dinghy, rowboat, sailboat, sailing vessel, yacht, motorboat, motor vessel, float, pontoon, commercial boat, launch, ship and seaplane.

C. "Motorboat" means any boat propelled in whole or in part by a motor, engine or mechanical device of any kind, except oars or sails, including boats temporarily equipped with detachable outboard motors.

D. "Sailboat" means any boat being propelled by the use of sails alone. (Ord. 301 §2, 1958).

12.28.060 Speed.

It is unlawful for any person to operate any boat or aquaplane in a manner or at a rate of speed which endangers life, limb or property of any person, taking into account weather conditions, light conditions, the ordinary use of water navigated, any supervised and authorized boat race or water show, the depth of the water, the proximity to shore, docks, boat launching and landing ramps, swimmers, boats and other obstacles, the condition of the boat operated and any other factor which a reasonable, prudent man would consider in the safe operation of such boat. Operation of a boat or aquaplane under any of the following conditions shall constitute prima facie evidence that the same is being operated in violation of this section:

A. At a speed greater than will permit it to be fully stopped by the exercise of reasonable care within the assured clear distance ahead;

B. At a speed in excess of five statute miles per hour in any of the following areas:

1. Within any area designated as a "slow area";

2. Within one hundred feet of any person who is bathing or swimming;

3. Within ten feet of the shore at any place except while in the act of launching or landing an aquaplane or water skier;

4. The operation of a motorboat within one hundred feet of any sailboat;

5. Within one hundred feet of any watercraft sixteen feet in length or smaller, which might be seriously endangered by action caused by the wake created by the passing vessel;

6. Within one hundred feet of any person riding water skis or an aquaplane where the course of the boat is such as to bring it within fifty feet of the rider should he at any time fall;

7. Within two hundred feet of any swimming float, diving platform, life line or designated swimming area;

8. Within two hundred feet of any dock, wharf, dam, way or landing float to which boats are landed or made fast or which is used for the embarkation or discharge of passengers;

9. Within two hundred feet of any authorized boat, sheriff’s boat or any other boat while said boat or boats are in the act of rescue operations, dragging for bodies or equipment, provided such boats are marked. (Ord. 301 §6, 1958).

12.28.080 Alcohol and narcotics.

It is unlawful for any person to operate any boat while under the influence of intoxicating liquor or narcotic drugs. (Ord. 301 §8, 1958).

12.28.100 Marked swimming areas.

It is unlawful for any person to operate any motorboat or sailboat, or to ride, pull or tow any aquaplane or water skis within any designated swimming area or within twenty feet of the exterior boundaries of any designated swimming areas. (Ord. 301 §10, 1958).

12.28.120 Boat trailers.

It is unlawful for any person, after unloading his boat, to leave any boat trailer in the water, to leave any boat trailer within fifty feet of the waterline unattended or, when parking areas for trailers have been provided and marked, to leave any boat trailer in any place other than a designated trailer parking area. (Ord. 301 §11.5, 1958).

12.28.140 Night aquaplaning or water skiing.

It is unlawful for any person to operate a boat, vehicle or other motive power which is pulling or towing any aquaplane or water skier or for any person to ride any aquaplane or water skis between half an hour after sunset and half an hour before sunrise. (Ord. 301 §13, 1958).

12.28.160 Operation of motorboats on small lakes.

It is unlawful to operate any motorboat on any lake containing less than three hundred surface acres where signs have been erected at intervals of not over one-quarter mile and at all regularly used launching points around said lake giving notice of such prohibition. (Ord. 301 §15, 1958).

12.28.170 Dumping debris in water.

It is unlawful for any person to dump or place in any public waters any excrement, garbage, trash, gasoline, oil, sawdust, debris or other foreign matter from a boat, the shore or any other place. (Ord. 301 §16, 1958).

12.28.180 Shooting across waters.

It is unlawful for any person to shoot any firearms or gun operated by compressed gasses or a spring from any boat or across or over any portion of the waters of any lake or reservoir; provided, however, that nothing in this section shall prohibit the shooting of a shotgun from a boat or across a lake or reservoir waters during the lawful waterfowl hunting season for the purpose of killing waterfowl. (Ord. 301 §17, 1958).

12.28.190 Swimming in prohibited area or more than two hundred feet from shore.

It is unlawful, except in an emergency, for any person to swim in any area designated as a no swimming area, or more than two hundred feet from the shore, or outside the boundaries of a marked swimming area, or to swim in a location, or in such a manner as to create a hazardous, or dangerous condition to the swimmer or any other person, object or objects. (Ord. 301 §18, 1958).

12.28.200 Owners’ responsibility.

It is unlawful for any person owning, possessing or in charge of any boat to knowingly permit such boat to be operated in violation of any of the provisions of this article. (Ord. 301 §19, 1958).

12.28.210 Sirens.

It is unlawful for any person, except a duly authorized peace officer acting in the performance of his duties, to use or sound a siren on any boat. (Ord. 301 §20, 1958).

12.28.220 Supervised boat races.

No provision of this article except Section 12.28.080 hereof prohibiting the operation of a boat while under the influence of intoxicating liquor or narcotic drug, shall be construed to prohibit or restrict the operation of any boat actually competing in a race or regatta over a marked racing course which is previously authorized in writing and actively supervised by the public agency having jurisdiction over the waters of such racing course or its duly authorized agent for such purpose, nor to conflict with any of the rules adopted by the agency or its agent supervising such race governing the type, size, construction, equipment of the boats, the navigation regulations and other rules governing the conduct of such races. (Ord. 301 §21, 1958).

12.28.230 Supervised water shows.

No provision of this article shall be construed to prohibit or restrict the operation of any boat, aquaplane or water skier actually participating in a water show which is previously authorized in writing and actively supervised by the public agency having jurisdiction over the waters on which the water show is conducted or its duly authorized agent for such purpose. (Ord. 301 §22, 1958).

12.28.240 Method of establishment.

The board of supervisors by resolution as to waters under its jurisdiction and the authorized representative of any other public agency as to water under its jurisdiction may designate and cause areas designated 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 change 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. (Ord. 301 §23, 1958).

12.28.250 Arrest--Notice to appear in court.

Whenever a person is arrested for violation of this article and such person is not immediately taken before a magistrate as is more fully set forth in the Penal Code of the state, the arresting officer shall prepare, in duplicate, a written notice to appear in court, containing the name and address of such person, the offense charged and the time and place where and when such person shall appear in court. (Ord. 301 §24, 1958).

12.28.260 Violation--Penalty.

Any person violating any provision of this article is guilty of a misdemeanor which is punishable by imprisonment in the county jail not to exceed six months, or by fine not exceeding five hundred dollars, or by both such fine and imprisonment. (Ord. 301 §25, 1958).

II. DISCHARGE OF SEWAGE AND WASTE WATER

12.28.270 Purpose.

This article is for the purpose of adopting regulations regulating the discharge of sewage and waste water from boats and houseboats on the rivers, lakes and reservoirs of Amador County. (Ord. 411 §1, 1968).

12.28.280 Administration.

The agencies set forth for the purpose of enforcing this article are: all peace officers, recreation or regional park boards; county health officer; or their agents. (Ord. 411 §2, 1968).

12.28.290 Prohibited--Exception.

Discharge or waste from boats or houseboats on lakes, streams and/or reservoirs in Amador County is prohibited. This does not include water discharged from motor cooling systems when the only use is for cooling purposes. (Ord. 411 §3, 1968).

12.28.300 Inspection--Permit.

All houseboats and boats equipped with facilities with a waste discharge shall, before being launched, be inspected and made to comply with this article. A written permit shall be issued indicating that an inspection has been made and that the launched boats or houseboats meet the requirements of this article. The form of permit shall be as prepared by the county health officer. (Ord. 411 §4, 1968).

12.28.310 Toilets--Installation.

No toilets shall be installed in any boat or houseboat on the lakes, streams and/or reservoirs except an approved type. (Ord. 411 §5, 1968).

12.28.320 Toilets--Specifications.

Approved toilets are either sanitary toilets of the butane type, whereby the waste is heat treated for sterilization and disintegration, or a fixed toilet which discharges into a holding tank. The toilets which discharge into a holding tank shall be solidly affixed to the boat or houseboat. The holding tank shall be not less than fifteen gallons and shall be constructed so that it cannot discharge into the water and can only be emptied by pumping. The holding tank shall be vented to the atmosphere above the toilet fixture. (Ord. 411 §6, 1968).

12.28.330 Toilet--Holding tank pumping.

The holding tank on all toilets shall be pumped as necessary. (Ord. 411 §7, 1968).

12.28.340 Toilet--Disposal facilities.

Approved dockside facilities for pumping of holding tanks and necessary disposal facilities shall be provided at all marinas and/or ramp areas where such boats or houseboats are allowed to enter.

These facilities must be of an approved type accepted by the county health officer or his agent. (Ord. 411 §8, 1968).

12.28.350 Violation--Penalty.

Any person violating any of the provisions of this article is guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine of not to exceed five hundred dollars, or by imprisonment in the county jail for not to exceed six months, or by both such fine and imprisonment. (Ord. 411 §9, 1968).

For statutory provisions empowering local authorities to regulate boating activities in waters within their jurisdiction, see Harb. & Nav. Code § 660.