Chapter 12.32
BOAT RACES1
Sections:
12.32.030 Permit--Application.
12.32.040 Mufflers not required.
12.32.050 Regulations--Compliance--Responsibility.
12.32.060 Appeal to board of supervisors.
12.32.010 Definitions.
The following words and phrases, when used in any provision of this chapter 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 mode of 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, upon or by 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 and ship.
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. Whenever the word "race" is used herein, it means ski races, ski slaloms, motorboat races or regatta.
E. "Regatta" or "marine parade" means an organized water event of limited duration which is conducted according to a prearranged schedule. (Ord. 473 §1, 1972).
12.32.020 Permits--Required.
No person, club, organization or group shall hold or engage in a motor-propelled speed boat race, ski race where skiers are towed, regatta or marine parade on the waters in the county unless and until a permit therefor has been issued by the office of the sheriff. (Ord. 473 §2, 1972).
12.32.030 Permit--Application.
A. Any person, club, organization or group sponsoring or holding a motorboat speed race, ski race, regatta or marine parade on navigable waters of Amador County must first make application to the sheriff for a permit to hold said race. Any individual, person, group or corporation may have included in the permit trial runs or to tune-up motor or motors of boats preparing for such race or races.
B. The application for said permit shall set forth:
1. The name and address of the applicants;
2. Name, address and telephone of person or persons in charge of the event;
3. Estimated number of water craft participating in the event;
4. Number of boats being furnished by organizations to patrol event;
5. The date, time and place the proposed race is to be held;
6. The dates and time for trial run and tune-ups;
7. A diagram of the area in which the said race or races are proposed to be held; and
8. The manner in which the applicant intends to police the event.
C. The application must be submitted to the sheriff at least thirty days prior to the date on which the applicant intends to hold said race or races; make official or unofficial trial runs of a boat or boats, for the purpose of tuning up or adjusting the engine, or skiing trial runs, preparatory to said race or races.
The said thirty-day period herein above required for the filing of applications for permits may, in the discretion of the sheriff, be shortened.
D. Motor speedboat races, ski races, motorboats while on trial runs, motorboats competing in an official or unofficial trail run, with or without skiers, for speed records and for the purpose of preparing boats for entry in the event or events herein enumerated, shall be allowed only between the hours of nine a.m. and six p.m. on such days and at such times as shall be designated by the sheriff and set forth in a permit or permits heretofore referred to.
E. All courses, whether for speedboat races, ski races, trial runs, official trials for speed records, or trial runs for adjustment and tuning of engines shall be adequately marked with buoys and patrol boats. The adequacy of such markings shall be determined by the sheriff.
F. The race courses used for races, trial runs, tune-up runs or other events shall be so marked and situated as to allow at least two hundred feet of unobstructed navigable waters between such boats and the farthest extended pier along the shoreline adjacent to such events. This requirement is to insure a free passage for the boating public.
G. Regattas and marine parades shall be allowed only between the daylight hours of sunrise and sundown on such days and such times as shall be designated by the sheriff and set forth in a permit or permits herein referred to.
H. The sheriff shall inspect or cause to be inspected all courses and markings to determine whether the same comply with the requirements of this chapter and with the requirements of the permit issued by the sheriff pursuant to this chapter. (Ord. 473 §3, 1972).
12.32.040 Mufflers not required.
Motor-propelled boats engaging in any activity or event set forth in this chapter, including ski race events, may, subject to the regulations herein set forth, so engage in such events with boats not equipped with a muffler system. (Ord. 473 §4, 1972).
12.32.050 Regulations--Compliance--Responsibility.
A. 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 chapter.
B. Each permit issued for trial and practice runs shall designate the area where the permittee may conduct the activity for which the permit is issued.
C. The permittee shall proceed directly to such area using the shortest possible route, having in mind other traffic then present on the lake and along the shoreline, at a safe speed and in a reasonable manner.
D. All trial, practice or tune-up runs for which permits are issued shall have reference to some specific event for which such trial or practice run is to be made.
E. On waters in Amador County that border neighboring counties, this chapter shall be in full effect if the person, club, organization or group launch in Amador County or hold the event within, or partially within the boundaries of Amador County. (Ord. 473 §5, 1972).
12.32.060 Appeal to board of supervisors.
Any person, club, organization or group applying for permits as herein set forth shall, in the event they are dissatisfied with the decision of the sheriff, have the right to appeal to the board of supervisors. Such appeal may be taken by filing with the clerk of the board an intention to appeal from the decision of the sheriff within ten days from the time that the sheriff has rendered his decision, issued the permit or denied the issuance of a permit. The clerk shall notify the sheriff’s department of such pending appeal; thereafter, the board shall set a date, time and place of hearing of the appeal. The applicant and all interested parties shall be notified of the time and place of the hearing of such appeal. The decision of the board shall be final and conclusive. (Ord. 473 §6, 1972).
12.32.070 Liability.
Amador County, its agents, servants and employees herein charged with the administration and enforcement of this chapter, shall not be liable for any injury of any kind whatsoever, to persons or properties, which may arise out of any act or omission of the county, its agents, servants and employees, or other public employees, or any other person, nor by reason of any document, writing or permit which may be issued pursuant to this chapter. (Ord. 473 §9, 1972).
12.32.080 Exception.
This chapter shall not apply to Lake Camanche if at any time the Camanche Regional Park uniform ordinance has been amended to provide for the regulation and control of the preparation and conduct of the various races mentioned herein in a substantially similar manner. (Ord. 473 §11, 1972).
12.32.090 Violation--Penalty.
Any person violating any provision of this chapter is guilty of a misdemeanor which is punishable by imprisonment in the county jail, not to exceed six months, or by a fine not exceeding five hundred dollars, or both fine and imprisonment. (Ord. 473 §7, 1972).
For statutory provisions empowering local authorities to regulate the speed and restrict the operation of power boats, see Harb. & Nav. Code §§267, 268.