§ 11.04.100. Vessel regulations.

(a)

Vessel Inspections. Prior to being issued a vessel permit for day use at any county park or facility, all vessels, vessel trailers and/or vehicles used to transport and/or tow said vessel, are subject to inspection by park personnel and/or peace officers with concurrent jurisdiction to assure compliance with this chapter, and all other applicable local, state and federal ordinances, rules, laws and regulations including those pertaining to health, safety and sanitation. Park personnel or peace officers with concurrent jurisdiction may inspect any vessel, trailer or vehicle used to transport or tow said vessel within any county at any time for compliance with all applicable laws, rules, and/or regulations.

If, after a permit is issued, it is determined that a vessel, vessel trailer or vehicle is in violation of this chapter, or any applicable local, state and/or federal rules, laws and regulations, including without limitation those pertaining to health, safety, sanitation, or relating to invasive species which pose a threat to the waters within county parks or related infrastructure, then the permit or any local inspection certification for such vessel may be revoked and the vessel, trailer, and/or vehicle removed from the waters of the county park. Any person who refuses to allow such inspection shall immediately remove his/her vessel, trailer and/or vehicle from the waters of the county park or facility. It shall be unlawful for any person to operate a vessel on the waters of any county park when such vessel does not comply with all applicable local, state, and federal laws, rules and or regulations.

(b)

Restricted Use Zones, Closed Areas, and Speed Zones. The director or designee is authorized to establish and designate vessel use zones on waters within a county park or facility including speed zones, closed areas, sailing areas, non-powered boat areas, swim areas, and other special use areas as deemed reasonably necessary for the convenience, health, and safety of the general public and their property. It is unlawful for any person to operate a vessel within such prohibited areas designated by standard waterway markers. The director or designee is authorized to designate parts of waters within a county park or facility for the exclusive use of such specific classes of vessels and during such specific times as will best serve the interests, safety, and health of the boating public. The director shall post or otherwise mark or communicate the designated and restricted areas. It is unlawful for any person to operate a vessel in a restricted or special speed zone at speeds in excess of that posted by waterway markers in the area in which the vessel is operating or at speeds too dangerous for the conditions. Vessel speed limits shall be designated and posted by the director or designee.

(c)

Vessel Operation Time Restriction. It is unlawful for any person to operate or occupy any vessel on any waters within a county park between the time of one-half hour after sunset and one-half hour before sunrise.

(d)

Closure of Waters. The director or designee is authorized to close any waters within a county park or portions thereof, to boating and fishing, for any of the following reasons:

(1)

Dangerous water or weather conditions.

(2)

Unsatisfactory ramp, parking, or road conditions.

(3)

Construction or movement of ramp facilities.

(4)

Or any other reasons which may affect public health, safety or security.

(e)

Landing and Launching Vessels. It is unlawful for any person within a county park to land, launch, beach, weigh anchor or cast off any vessel except at an approved dock or ramp, or at such beaching areas as are specifically designated by the director or designee.

(f)

Mooring to Buoys or Other Navigation Aids Prohibited. A person shall not moor any vessel to any aid to navigation at any lake within a county park, except in an emergency. A person shall not moor, dock or berth a vessel, or any other object, overnight except in mooring, docking, or berthing areas so designated and posted by the director or designee. The director or designee may specify time limits for the mooring, docking, or berthing of a vessel, or any other object at mooring, docking, or berthing facilities, and it shall be unlawful to moor any vessel in excess of such time limits. Any vessel so moored shall be at the owner's sole risk and the department assumes no liability or bailment obligation pertaining to damages, loss or theft.

(g)

Private Mooring Prohibited. It is unlawful for any person to place any private mooring facilities on any county park or facility or upon any water within a county park or facility, without first having obtained the approval of the county for such installation.

(h)

Vessel Capacity. No vessel, which is occupied by a number of persons greater than the rated capacity of the vessel, shall be operated or used in or upon any waters within a county park. If a vessel is without a capacity plate its total capacity shall in no case exceed the number of persons derived from the following formula; vessel capacity equals vessel length times the vessel width divided by fifteen.

(i)

Kayaks—Inflatable Boats. Unless otherwise permitted by the director or designee, it is unlawful for any person to operate within the waters of any county park, any boat not of standard design, as determined by the director or designee. A canoe, kayak, raft, and/or inflatable hydrohull boat which is of standard design is permitted on waters within any county park, with the prior written authorization of the director or designee. Inflatable boats with two or more air chambers, floorboard, and rigid transom, and folding boats may be permitted on the waters of any county park, with the prior written authorization of park personnel, if such boats have a Coast Guard certificate of operation or otherwise appear seaworthy for use on the lake.

(j)

Vessels on Lake—Camping on Vessel. It is unlawful for any person within a county park or facility to do any of the following acts:

(1)

Keep any vessel on a lake shore overnight except in an area designated and posted for such purpose.

(2)

Operate or occupy any vessel for the purpose of camping while afloat during the hours when a lake is closed to boating.

(k)

Unattended Vessels. It is unlawful for any person to leave any vessel unattended for more than twenty-four hours except in designated storage areas unless that person is a camper, in which case the vessel may not reside in any one location longer than the span of time in which that person is camping within the park. Park personnel are authorized to impound any vessel involved in a violation of this section, and to charge a reasonable fee or fees for such towing and storage. The county shall have a possessory special lien on such vessel until such charges are paid. Any impounded vessel not claimed by the owner within thirty days shall be considered abandoned and after written notification of such impounding may be sold by the director or designee at public auction. From the proceeds of such sale the cost of impounding and auction shall first be deducted and retained, and the remainder, if any, shall be paid to the owner.

(l)

Vessel Operation by Incapable Persons. It is unlawful for any person to use a vessel in a reckless or negligent manner so as to endanger the life, limb, or property of any person.

(m)

Vessel Passenger Seating. It is unlawful for any person to allow any person to ride or sit on either the gunwales thereof or on the decking over the bow of any vessel while under way unless such vessel is provided with adequate guards or railing to prevent passengers from being lost overboard. Nothing in this section shall be construed to mean that passengers or other persons aboard a vessel cannot occupy the decking or the bow of a vessel to moor or cast off from a landing, or for any other necessary purpose.

(n)

Sanitation and Pollution. The director or designee is authorized to establish and designate health, sanitation and pollution standards for vessels operating at lakes within county parks. To protect the water within county parks it shall be unlawful to:

(1)

Launch or place into contact with any waters within county parks, any vessel or vessel trailer that is polluted, infested with invasive aquatic species, or is not seaworthy or sanitary. All vessels must be "cleaned, drained and dry" before being placed into any waters within county parks, and in order to receive a permit to launch or any required local inspection certification to operate on any waters.

(2)

Launch any vessel possessing a sink drain or toilet facility unless such drain or toilet is sealed or otherwise rendered inoperable or designed so that no waste can be discharged into surrounding water.

(3)

Operate a bilge pump on any water within a county park except in emergency or in a place specifically designated for such purposes.

(4)

Allow waste from any vessel washing to discharge into any water within a county park or facility.

(5)

Have, use or operate a vessel or vessel trailer on any waters within county parks that does not meet such minimum health, safety or pollution standards, and does not have any required local permit or local inspection certification.

(o)

Avoidance of Trolling Lines. It is unlawful for any person to operate any vessel without allowing at least two hundred fifty feet clearance behind trolling fishing vessels to avoid fouling the trolling lines. Said trolling fishing vessels shall be designated by display of a white flag.

(p)

Boating Activities. No boat regatta, race, tournament or exhibition shall be held on any waters within any county park without the prior written approval of the director or designee.

(q)

Exemptions from Vessel Permit Requirements. Vessels owned or used by the department or the San Luis Obispo County sheriff's department may not be required to obtain vessel permits or other local inspection certifications.

(r)

Power-driven Vessel Operator. Pursuant to Harbors and Navigation Code Section 658.5, except as provided below, no person under sixteen years of age shall operate a vessel powered by a motor of greater than fifteen horsepower, except for a vessel that does not exceed thirty feet in length and is designed to use wind as its principal source of propulsion, or a dinghy used directly between a moored vessel and the shoreline or between a moored vessel and another moored vessel. No person between the ages of twelve and fifteen years of age shall operate a vessel powered by a motor of greater than fifteen horsepower, or a vessel that exceeds thirty feet in length and is designed to use wind as its principal source of propulsion, unless the person is accompanied in the vessel by a person who is at least eighteen years of age and who is attentive and supervising the operation of the vessel.

(s)

Personal Watercraft. Personal watercraft is defined as a recreational watercraft, such as a jet-ski or wave runner, designed to carry one to three persons and to be operated by a person while sitting, standing or kneeling rather than the conventional manner of sitting or standing on the inside of the watercraft. The operation of a personal watercraft within any waters of a county park is prohibited except where posted by the director or designee.

(t)

Windsurfing.

(1)

Windsurfing, para-surfing, or other wind-powered activities may be conducted in only those areas and/or waters within a county park and at those times as are designated by the director.

(2)

When directed by park personnel, any person engaging in windsurfing, para-surfing or related activity shall discontinue said activity and remove their equipment from the water.

(u)

Aquaplaning.

(1)

Aquaplaning may be conducted in only those areas and/or waters within a county park or facility and at those times as are designated by the director.

(2)

When directed by park personnel, any person engaging in aquaplaning or a related activity shall discontinue said activity and remove their equipment from the water.

(3)

No more than two persons shall be towed together at any one time by any one vessel while aquaplaning.

(4)

It is unlawful for any person to engage in trick and/or stunt waterskiing at any county park or facility, unless otherwise permitted by director or designee.

(Ord. No. 3272, § 1(Exh. A), 10-7-14)