Chapter 9.40
WATERCOURSES*
Sections:
9.40.010 Definitions.
9.40.020 Adjacent property—Maintenance.
9.40.030 Craft permitted to use watercourses.
9.40.040 Swimming areas—Boats prohibited.
9.40.050 Special events—Interference with prohibited.
* For statutory provisions authorizing local control of waterways, see Harbors and Nav. Code § 660.
9.40.010 Definitions.
Whenever used in this chapter the following words shall have the meaning indicated.
A. “Board” means the board of directors of the district.
B. “Designated swimming area” means those areas specified as swimming areas by the board and designated by nylon line and floats.
C. “District” means the Estero Municipal Improvement District.
D. “Person” means a natural person, his heirs, executors, administrators or assigns, and also includes a firm, partnership or public or private corporation, its or their successors or assigns, or the agent of any of the aforesaid.
E. “Watercourse” means any natural or artificial drainage ditch or lagoon, lake, channel, stream, creek or river which is located within, flows through, originates in or terminates within the limits of the district. (Ord. 27 § 1, 1967)
9.40.020 Adjacent property—Maintenance.
It shall be the duty of all persons living along any watercourse to maintain their property in good repair and free from debris so as not to interfere with the health, safety and welfare of persons rightfully using the watercourse. (Ord. 27 § 2, 1967)
9.40.030 Craft permitted to use watercourses.
No vessel other than emergency public vessels on a public emergency requested by public entity and so stated by the public entity shall be permitted to use any watercourses, except for the following:
A. Sailboats and manually powered craft are allowed within the watercourses. Sailboats may have motors. The speed the vessels must operate shall be five miles per hour or less when under power within our watercourses.
B. Power motors shall be restricted to only electrically-powered motors. Internal combustion power motors shall not be allowed within our watercourses.
C. Craft owned and operated by the Estero municipal improvement district may be motorized and exceed the five mile per hour speed limit when used for Estero municipal improvement district business. Such uses would include emergency response and routine maintenance.
D. The director of public works may authorize the operation of vessels within our watercourses for Estero Municipal Improvement District designated special events and for permitted maintenance and construction activities which can only be accomplished by entry into and utilization of vessels within the watercourses. (Ord. 123 § 2, 2000; Ord. 106 § 1, 1990: Ord. 27 § 3, 1967)
9.40.040 Swimming areas—Boats prohibited.
No boats are permitted in any designated swimming area. (Ord. 27 § 4, 1967)
9.40.050 Special events—Interference with prohibited.
When races, regattas or exhibitions of any kind are conducted on any watercourse pursuant to a permit issued by the chief of police, any person not participating therein shall keep clear, of participants in the event. (Ord. 92 § 1, 1981)