Chapter 12.40
MOTORBOAT-FREE ZONE AT NINTH STREET BEACH

Sections:

12.40.010  Definitions.

12.40.020  Motorboats prohibited.

12.40.030  Exception for government boats.

12.40.040  Regulations permitted.

12.40.010 Definitions.

A. As used in this chapter, the "Benicia-Ninth Street Beach Cove Area" is all that portion of the Carquinez Strait and tidal and submerged lands lying within the boundaries of the city of Benicia, county of Solano, state of California, described as follows: All of Block 36 as shown on the official map of the city of Benicia, drawn by Benjamin W. Barlow and filed in Book 1 of Maps, at page 124, Solano County Records.

B. As used in this chapter, the terms "vessel" or "boat" are as defined in Harbor and Navigation Code Section 651.

C. As used in this chapter, the term "motorboat" is as defined in Harbor and Navigation Code Section 651, and shall include ski boats and jet skis. (Ord. 87-12 N.S. § 1, 1987).

12.40.020 Motorboats prohibited.

Except as provided in this chapter, no person shall operate a motorboat within that portion of the Benicia-Ninth Street Beach Cove Area shown as "Motorboat-Free Zone" on the map attached as Exhibit "A" to the ordinance codified in this chapter, hereby designated as a special use area pursuant to the Harbor and Navigation Code Section 660, and described as follows: All of Block 36 as shown on the official map of the city of Benicia, drawn by Benjamin W. Barlow, and filed in Book 1 of Maps, at page 124, Solano County Records. (Ord. 87-12 N.S. § 1, 1987).

12.40.030 Exception for government boats.

The provisions of BMC 12.40.020 shall not apply to any vessel, boat or motorboat used or operated by or on behalf of the city of Benicia or any other governmental agency, nor during emergency use or operation affecting life or property. (Ord. 87-12 N.S. § 1, 1987).

12.40.040 Regulations permitted.

The city manager and/or his/her designee may promulgate any additional rules and regulations necessary to and consistent with these provisions so as to promote the health and safety, and shall cause appropriate buoys or markers to be placed to mark the special use areas hereby created. Any additional rules and regulations promulgated by the city manager must be submitted to the Department of Boating and Waterways in accordance with Harbors and Navigation Code Sections 660(a) and 662. (Ord. 87-12 N.S. § 1, 1987).