CHAPTER 35. RIVER RAFTING
ARTICLE 1. GENERAL PROVISIONS
6-35-1000 APPLICATION OF GENERAL PROVISIONS:
Unless the provisions of this Chapter provide otherwise, all the provisions of Chapter 1 of this Part which pertain to the licensing and regulation of businesses are applicable to the license referred to in this Chapter.
(Added by Ord. No. 3490, effective 2-25-16)
6-35-1005 PURPOSE:
The several rivers located within the County provide significant recreational opportunities for both the residents and visitors of the County. In recent years, such opportunities have induced several commercial operators to arrange and guide rafting trips on some of the County’s rivers. The Board of Supervisors has found that such increased commercial use of the County’s rivers poses a threat to the health, safety and welfare of the recreational users of the rivers, as well as to the property and environment owned or located in the vicinity of the rivers. The purpose of this Chapter is to address certain problems which result from use of the County’s rivers by commercial rafting, including, without limitation, the following: parking and traffic congestion; food handling and sanitation; access to and from the rivers; violation of property rights; and adverse impacts on the riparian environment. This Chapter shall be liberally construed for the accomplishment of its purpose.
(Added by Ord. No. 3390, effective 8-20-09; amended by Ord. No. 3490, effective 2-25-16. Formerly 6-35-1000)
6-35-1010 APPLICABILITY:
This Chapter shall apply to any person or business entity which, for legal consideration, guides, leads or accompanies any person(s) using any raft, kayak or other floating device on any river, or portion of any river, designated for that purpose by resolution of the Board of Supervisors.
(Added by Ord. No. 3390, effective 8-20-09)
6-35-1020 LICENSE REQUIRED:
It shall be unlawful for any person, whether as owner, agent, employee or otherwise, to advertise, market, or conduct any activity to which this Chapter applies without first obtaining a commercial river license.
(Added by Ord. No. 3390, effective 8-20-09)
ARTICLE 2. APPLICATION; FEES
6-35-2000 LICENSE APPLICATION:
Applications for commercial river licenses shall be made to the license collector. Applications will be accepted no later than January 31 for each rafting year.
(Added by Ord. No. 3390, effective 8-20-09)
6-35-2010 LICENSE: APPLICATION: CONTENTS:
Applications shall be filed in the form required by the license collector, and shall include as a minimum, or be accompanied by, the information required by Chapter 1 of this Part, plus the following:
(a) The Commercial River Use Plan described in Section 6-35-2020.
(b) The application fee required by Section 6-35-2040.
(Added by Ord. No. 3390, effective 8-20-09)
6-35-2020 COMMERCIAL RIVER USE PLAN:
A Commercial River Use Plan shall include, but need not be limited to, the following information:
(a) A complete description of the commercial activity proposed to be conducted under this Chapter in detail sufficient to confirm that the proposed activity will comply with any and all federal, state and local laws and regulations.
(b) Specific plans for ingress into and egress of the applicable river, including the location of any planned nonemergency stops on property (such as meal stops, rest stops, and detours around rapids), accompanied by written verification of authorization to use such property.
(c) Specific plans for parking and land transportation from the point of egress to the point of ingress, ensuring that the applicant will require no parking on State or County rights-of-way, and verifying the availability of at least one (1) parking space per employee, and one (1) parking space per every two (2) commercial users for each commercial river trip, conforming to the Tulare County site plan Development Standards.
(d) Specific plans for food preparation and/or handling, sanitation, solid waste disposal, and potable water supply, accompanied by any applicable permits required by the Tulare County Environmental Health Director.
(e) An estimate of the number of floating devices (by type), number of persons, and number of trips proposed for commercial river use by the applicant for the term of the license.
(f) A facsimile of any logo proposed to be used by the applicant in association with the proposed commercial river use.
(Added by Ord. No. 3390, effective 8-20-09)
6-35-2030 LICENSE: ISSUANCE:
Upon receipt of an application, the license collector shall refer the application to the Director of the Resource Management Agency. The Director shall determine whether the applicant has complied with the requirements of Sections 6-35-2010 and 6-35-2020, and shall so advise the license collector. The license collector shall then grant or deny the permit. The grant or denial of a permit is intended to be a ministerial act based solely upon a determination of whether such requirements have been met. Within forty-five (45) days of receipt of an application, the license collector shall either issue the license or notify the applicant of any deficiencies in the application. All licenses shall be issued in the form provided by the license collector, and may include conditions consistent with any applicable River Management Plan authorized by this Chapter and reviewed and approved by the Board of Supervisors, including, but not limited to, limitations on the number of floating devices, persons and trips permitted per day.
(Added by Ord. No. 3390, effective 8-20-09; amended by Ord. No. 3490, effective 2-25-16)
6-35-2040 LICENSE: FEE:
An applicant shall pay an application fee in the amount set from time to time by resolution of the Board of Supervisors.
(Added by Ord. No. 3390, effective 8-20-09; amended by Ord. No. 3490, effective 2-25-16)
6-35-2050 INSURANCE:
Prior to the issuance of a license an applicant shall file with the license collector policies or certificates of general liability insurance covering the activities under the license and in form and amount acceptable to the County Risk Manager. The insurance policies shall name the County, its officers, employees and agents, and the riparian property owners, as additional insureds, and shall be maintained without material modification for the term of the license.
(Added by Ord. No. 3390, effective 8-20-09)
ARTICLE 3. RESTRICTIONS ON OPERATIONS
6-35-3000 LICENSE: TERM: REVOCATION:
Each Commercial River License shall be valid only for the calendar year in which it is issued, shall be nontransferable, shall be subject to any limitations authorized by Section 6-35-3020, and may be suspended or revoked if the license collector finds, following reasonable notice to the licensee and such hearing process as may be applicable in the matter pursuant to Chapter 1 of this Part, that the licensee has failed to comply with the requirements of this Chapter, or that the suspension or revocation is required to protect the public health, safety or welfare.
(Added by Ord. No. 3390, effective 8-20-09)
6-35-3010 APPEALS:
Any applicant, licensee, or interested person may appeal any decision under this Chapter to the County Hearing Officer in compliance with Chapter 31 of Part I of this Code upon payment of a fee in the amount set from time to time by resolution of the Board of Supervisors. The fee shall be paid to the Clerk of the Board of Supervisors.
(Added by Ord. No. 3390, effective 8-20-09; amended by Ord. No. 3490, effective 2-25-16; amended by Ord. No. 3559, effective 6-20-19)
6-35-3020 LIMITATIONS:
Notwithstanding the provisions of Sections 6-35-2010 and 6-35-2020, the Board of Supervisors may by resolution, at any time after reasonable notice and public hearing on the matter, limit the number or term of licenses and/or the number of floating devices, person or trips, proposed for commercial use on a particular river if necessary to protect the public health, safety or welfare.
(Added by Ord. No. 3390, effective 8-20-09)
6-35-3030 LIMITATIONS ON THE KAWEAH RIVER:
The Board of Supervisors has reviewed and approved the Kaweah River Management Plan, and finds that protection of the public health, safety and welfare requires that the number of licenses and commercial river users on the Kaweah River be limited as provided therein. The Director of the Resource Management Agency shall continue to accumulate and monitor information concerning the impacts of such licensed use on the Kaweah River, and shall advise the Board of Supervisors of any need to consider adjustments to these limitations. When issuing licenses, the license collector shall give first priority to qualified applicants who are renewing their licenses. After issuing such licenses, if there are more qualified applicants than available licenses, the issuance of the remaining licenses shall be determined by lot.
(Added by Ord. No. 3390, effective 8-20-09; amended by Ord. No. 3490, effective 2-25-16)
6-35-3040 REPORTS:
Every licensee shall file a monthly report with the Director of the Resource Management Agency no later than the 20th day of each month describing any commercial river use conducted within the County during the previous calendar month. The report shall be used to verify compliance with the provisions of this Chapter, and to assist the Director with the development of a River Management Plan.
(Added by Ord. No. 3390, effective 8-20-09; amended by Ord. No. 3490, effective 2-25-16)
6-35-3050 IDENTIFICATION:
Every licensee shall identify his or her business on the sides of all rafts, kayaks or other flotation devices with six-inch block letters so that the name is visible from either shore of the river being navigated, except that where space is limited the letter size may be reasonably reduced.
(Added by Ord. No. 3390, effective 8-20-09)
6-35-3060 TIME LIMITATIONS:
It shall be unlawful for any licensee to conduct any activity described in Section 6-35-1010 upon any river, or any portion of any river, designated pursuant to that section, between the hours of 6:00 p.m. and 8:00 a.m.
(Added by Ord. No. 3390, effective 8-20-09)
6-35-3070 PENALTIES:
The violation of any provision of this Chapter which is declared to be unlawful shall be a misdemeanor and shall be punishable as provided in Section 125.
(Added by Ord. No. 3390, effective 8-20-09)
6-35-3080 PUBLIC NUISANCE:
Any conduct declared to be unlawful by this Chapter is also declared to be a public nuisance.
(Added by Ord. No. 3390, effective 8-20-09)