§ 11.20.120. Vessel regulations.

(a)

The Monterey County parks department is authorized to establish and designate such restricted boating areas and speed zones at Nacimiento Lake as are reasonably necessary for the safety of persons and property.

(b)

The Monterey County parks department is authorized to designate parts of Nacimiento Lake for the exclusive use of such specific classes of vessels and during such specific times as will, in its judgment, best serve the safety, welfare, and/or interests of the boating public.

(c)

The Monterey County parks department is authorized to establish and designate health, sanitation and pollution standards for vessels operating at Nacimiento Lake. It shall be unlawful for any person to have, use or operate a vessel or vessel trailer at Nacimiento Lake that does not meet such minimum health, sanitation and/or pollution standards, and that does not have an annual or daily vessel permit and any required local inspection certification, unless otherwise exempted.

(d)

The Monterey County parks department, the San Luis Obispo County sheriff's department, and other peace officers with concurrent jurisdiction are authorized to inspect, upon entry to Nacimiento Lake and/or the Nacimiento recreation area, all vessels, vessel trailers and vehicles transporting or towing said vessels, to determine that such vessels, vessel trailers and vehicles are in compliance with this chapter, and all other applicable local, state, and federal rules, laws and regulations, including, without limitation, those pertaining to the health and safety of the visiting public, and the health, safety, and sanitation of Nacimiento Lake and related infrastructure.

(e)

The Monterey County parks department, the San Luis Obispo County sheriff's department, and other peace officers with concurrent jurisdiction are authorized to board and inspect or re-inspect any vessel, vessel trailer or vehicle transporting or towing said vessel at Nacimiento Lake and the Nacimiento recreation area, to ensure compliance with this chapter, and all applicable local, state and federal rules, laws, and regulations, including, without limitation, those laws, rules and regulations relating to invasive species which pose a threat to the waters of Nacimiento Lake and related infrastructure.

(f)

If, after a vessel permit and/or any required local inspection certification is issued, a vessel, vessel trailer or vehicle is found to be in violation of this chapter, or any applicable local, state, and/or federal rules, laws, and regulations, including, without limitation, those rules, laws and regulations pertaining to health, safety and/or sanitation, then the Monterey County parks department, the San Luis Obispo County sheriff's department, and other peace officers with concurrent jurisdiction are authorized to revoke, for noncompliance, any annual or daily vessel permit previously issued and may remove said vessel, vessel trailer or vehicle from the waters of Nacimiento Lake and/or the Nacimiento recreation area. Any person who refuses to allow such inspection shall immediately remove his/her vessel, vessel trailer and/or vehicle from the waters of Nacimiento Lake. It shall be unlawful for any person to operate a vessel on Nacimiento Lake when the vessel does not comply with all applicable local, state, and federal laws, rules and or regulations.

(g)

Annual vessel permits shall be affixed to the outboard side of the vessel, approximately midvessel on the port side, or on the port side of the vessel windshield, and are not transferable to other vessels owned concurrently by the same or other owners. Daily vessel permits and any required local inspection certification must be carried on a vessel at all times. Vessel permits and any required local inspection certification are for the exclusive noncommercial use of the vessel for which the permit was issued by the Monterey County parks department. No person shall move, mutilate, alter, or destroy any vessel permit without the prior consent of the Monterey County parks department.

(h)

Vessels owned or used by the San Luis Obispo County sheriff's department, the Monterey County parks department, governmental agencies, and operators at Nacimiento Lake may not be required to obtain vessel permits or other local inspection certifications, but shall be subject to all other provisions of this chapter.

(i)

No person shall place, use, or operate, without a daily or annual vessel permit from the Monterey County parks department, any vessel on Nacimiento Lake which:

(1)

Fails to comply with all safety requirements.

(2)

Lacks a valid state registration decal, and a valid Monterey County daily or annual vessel permit.

(3)

Is not in a clean, safe, and sanitary or seaworthy condition.

(4)

Is not, in the judgment of the Monterey County parks department or the San Luis Obispo County sheriff's department, of safe design and construction.

(5)

Possesses an operable sink drain or toilet.

(6)

Is of such size as to constitute, in the judgment of the Monterey County parks department or the San Luis Obispo County sheriff's department, an unreasonable hazard, in which case it may, in the discretion of said personnel, be confined to certain areas of the lake.

(j)

No person shall do any of the following within Nacimiento Lake:

(1)

Operate a vessel without a valid and unrevoked annual or daily vessel permit from the Monterey County parks department, or any required local inspection certification.

(2)

Operate a vessel within a prohibited area when such area has been so designated by official Monterey County parks department waterway markers.

(3)

Operate a vessel in violation of sailing patterns and buoy markings posted or placed by the Monterey County parks department.

(4)

Operate a vessel within two hundred fifty feet astern of any trolling fishing vessel.

(5)

Operate or occupy any vessel for the purpose of camping while afloat during hours of darkness, without prior approval of the Monterey County parks department.

(6)

Keep any vessel on shore within the Nacimiento recreation area overnight, except in areas designated by the Monterey County parks department.

(7)

Leave a vessel which is in his or her care, custody and control unattended, at a dock or public launch ramp, on a trailer or afloat, for a period of more than fifteen minutes; or, at any other place while afloat, for a period of more than eight hours, without prior written approval of the Monterey County parks department.

(8)

Launch, land, or beach any vessel other than at docks, ramps, or other launching areas designated by the Monterey County parks department.

(9)

Launch any vessel that is polluted, infested with invasive aquatic species, or is not seaworthy or sanitary. All vessels must be "clean, drained, and dry" in order to receive an annual and/or daily vessel permit and any required local inspection certification to operate on Nacimiento Lake. Any vessel trailer coming into contact with Nacimiento Lake shall be free of all invasive aquatic species.

(10)

Operate any vessel bilge pump causing a discharge of material into the lake, except in an emergency.

(11)

Allow waste from vessel washing to discharge into the lake, any stream within or onto any shore or bank thereof, except at such places as may be designated by the Monterey County parks department.

(12)

Engage in any vessel race, regatta, tournament, or exhibition, or operate a vessel for hire, or engage in sales promotion activities of any kind, rent or deliver a rental vessel, without first obtaining the prior written consent of the Monterey County parks department.

(13)

Use a vessel in a reckless or negligent manner so as to endanger the life, limb, or property of any person.

(14)

Operate any vessel contrary to the lawful directions given by the Monterey County parks department or the San Luis Obispo County sheriff's department.

(k)

Any vessel which has been left unattended in violation of any provision of this chapter may be towed to a suitable storage area by the Monterey County parks department and/or the San Luis Obispo County sheriff's department, at the expense of the owner or other person responsible for such vessel. The charges made by the Monterey County parks department for such towing and storage shall be those established by the Monterey County parks director, and Monterey County shall have a possessory special lien on such vessel until such charges are paid. Such lien may be foreclosed in the manner provided by law which may include, without limitation, selling the vessel at a public auction. From the proceeds of such sale, the cost of impounding and auction may first be deducted and retained.

(l)

No person shall leave, abandon or store any vessel within the Nacimiento recreation area or on the waters of Nacimiento Lake that is not in a safely operable condition. It is the owner of record's responsibility to immediately remove any vessel that the Monterey County parks department determines to be in violation of this section. In the event the owner cannot be contacted, or is not able to immediately remove the Vessel from the Nacimiento recreation area and/or Nacimiento Lake, the Monterey County parks department and/or the San Luis Obispo County sheriff's department may take action to remove the vessel and charge the owner for all such costs of removal and an administrative fee of twenty percent.

(Ord. No. 3272, § 1(Exh. A), 10-7-14)