HomeMy WebLinkAboutAgenda Report - August 15, 1984 (79)KffING W
1IE M3(E-
L 44E RIVER
City Manager Glaves presented the following report re-
garding boating on the Nbkelume River:
"At the August 1, 1984 Council meeting, questions were
raised about means of providing better boating safety on
the Nbkelu►me River adjacent to the City of Lodi.
The County Administrator was contacted and the following
infonmtion received:
1. The County does not have authority to prevent boating
on the river. Speeds can be limited to maximun limits or
possibly horsepower limits might be placed or. the boats
using a portion of the river.
2. 11w County does have an ordinance regarding boating
on waters within the County.
3 Any actions by the County would be by the Board of
Supervisors and probably involve public hearings.
I also talked to Sergeant Vierra of the Sheriff's Office
about enforcement of the boating laws. I learned that
enforcement on the Mokelu ne River is only done
periodically because of the enormous water area involved
in the County. When the Sheriff's boat is on the
Whelumne it is extremely rare for then to find
violations - everyone is on his good behavior. It is
also quite rare for then to get reports of accidents.
The recent one was first of that magnitude in several
years.
If the City Council wishes to pursue the nmitter, a
request should be made to the Board of Supervisors
identifying the type of action desire."
No action was taken by the Council on this matter.
COUNCIL COi1' MUNICATIQ�
TO THE CITY COUNCIL DATE NO.
FROM. THE CITY MANAGER'S OFFICE August 10, 1984
SUBJECT. Boating on Mokelumne River
At the August 1, 1984 Council meeting, questions were raised about means of
providing better boating safety on the Mokelumne River adjacent to the City of
Lodi.
The County Administrator was oontacted and the following information received:
1. The County does not have authority to prevent boating on the river. Speeds can
be limited to maximum limits or possibly horsepower limits might be placed on the
boats using a portion of the river.
2. The County does have an ordinance regarding boating on waters within the County.
A copy of the ordinance is attached.
3. Any actions by the County would be by the Board of Supervisors and probably involve
public heir incl s .
I also talked to Sergeant Vierra of the Sheriff's Office about enforcement of the
boating laws. I learned that enforcement on the Mokelumne River is only done
periodically because of the enormous water area involved in the County. Wher, the
Sheriff's boat is on the Mokelumne it is extrariely rare for them to find violations -
everyone is on his good behavior. It is also quite rare for them to get reports of
accidents. The recent one was first of that magnitude in several years
If the City Council wishes to pursue the matter, a request should be macie to the
Board of Supervisors identifying the type of action desired.
O►►IC[ OF
COUNTY ADMINISTRATOR
Mr. Henry Glaves
City Manager
City of Lodi
221 West Pine
Lodi, CA 35240
Dear Mr.
1A if
W. X
.�. r.
COUNTY OF SAN JOAQUIN
COUATNousl. NOOM 707
328 CAST WC•/N AVCNVI
STOCKTON. CALIFORNIA OS202.2774
-ANCA SOY s.♦ SVI
August 7, 1984
BOATING ON THE MOKELUMNE RIVER
In response to your request regarding options for maintaining
boating safety on the Mokelumne River, I have enclosed a copy of
the County Water Safety Ordinance. One option available to the
Lodi City Council is to request the Board of Supervisors to
designate this portion of the Mokelumne River as a "slow area".
Upon receiving such a- request, the Board of Supervisors would
hold a public hearing. Shoul4 the Bo;%rd find it in the best
ii.terest of the public to restrict spends in the river, the City
of Lodi, as the requesting entity, would bear- the costs asso-
ciated with posting the speed zone.
The Sheriff's Boating. Safety Division does patrol this portion of
the river on a periodic basis. However, with only seven boats
county -wide, patrol time spent in this three-mile stretch of
river is limited. I have asked Sergeant Wilbert Vieira of the
Boating Safety Division to contact you to see if he can be of
further assistance.
I hope that this information is of value to you in resolving this
issue.
Very trul yours,
DAVID D. ROWLANDS, JR.
County Administrator
DDR: RSG: r1
Enclosure
cs Undersheriff Ken Stewart
Sergeant Wilbert Vieira
-1 /
DIVISION 4. WATER SAFETY
CHAPTER 1. BOATING
CSECTION 4-4000. APPLICABiL1TY. This chapter shall be aYp14ca-
ble to and s all govern all public waters including lakes and rivers
or portions thereof situated within the boundaries of the County
over which the County has police power jurisdiction, either ex-
clusively or concurrently with the United States or the State, or
both, insofar as the provisions: of this chapter do not con-fl-ict
with applicable statutes or regulations of the United- States or
the State.
Soaaro�rdinanee No. 682.
SECTION 4-4001. DEFINITIONS. The following words and phrases
when usedin any provision of this chapter shall be construed to
have the following meaning:
(a) "Boat" shall mean any vessel or device, except an aqua-
plane or water ski. in or upon which persons or, property
may be transported upon, under, or over the surface of
water including, but not confined to. any boat,. raft,.
barge, canoe, skiff. dinghy. rowboat, sailboat, saihtmg
vessel, yacht, motorboat., motor vessel. float, pontoon,
commercial boat. launch. and ship.
(b) "Mtorboat" shall mean any boat propelled in whole or
in part by a motor, engine, or mechanical device of any
ki-nd except oars or sails. including boats temporarily
equipped with detachable outboard motors.
(c) "Aquaplane" shall mean any device. including skill -s, used
for the transportation of one or more persons upon the
surface of the water, and which is pulled or towed by
any boat, vehicle, or other motive power by means of a
rope. chain. cable, wire, or other connection.
Soum7r.: ordinance No. 882.
SECTION 4-4002. RESTROOM FACILITIES. Operators of all boat
launc ng ramps open to the public shall provide and maintain
restroom facilities for the users of such ramps.
o��rdinano* No. 2242.
SECTION 4-4003, and SECTION 4-4004. REPEALED by Ord. 2133.
SECTION 4-400S. SPEED. No person shall operate any boat
or aquaplane in a manner or at a rate of speed which endangers
the life..liab. or property of any person. taking into account
weather conditions, light conditions, the ordinary use of waters
navigated, the depth of the water, the Froxim ty to shore. docks,
226 - 4/30/77
F
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swimmers, boats, and other obstacles, the condition of the boat
operated, and any other factor which a resonahl-e and pruucnt wan
would consider in the safe operati n of the boat. Opera -tion of a
boat or aquaplane under any of the following conditions shall
constitute prima facie evidence that the boat is being operated in
violation of this section:
(a) At a speed greater than will permit it to be fu-ily
stopped by the exercise of reasonable care withi-n the
assured clear distance ahead;
(h) At a si>ced in excess of five (5) statute miles per hour
in any of the following areas:
(1) Within any area deli-gnated as a "slow area-";
(2) Within one hundred (100) feet of any person baRii•ing
or swimming.
(3) Within one hundred (100) feet of any watercraft -
sixteen (Ib) feet or less in length. which mig#i#
ire seriously endangered by the wake of the passing
vessel;
(4) Within two hundred (200) feet of any swimming f4oa-t.
dining platform. life line, or desi`nated sw•immiag
area;
(5) Within two hundred (200) feet of any lege-l+ dock.
wharf. dam, way. or landing float to whi•chi boats
are landed or made fast or which is used for the
embarkation or discharge of passengers as- approved
by U.S. Army Engine-rs;
(t.) Within two hundred (200) feet of any authorized boat.
Sheriff's boat. or any other boat in the act o
rescue operations, or dragging for bodies or edts,p-
C. meet, if the boat is marked; attempting to over -haul
or board a vessel involved in any violation of this
chapter or other law, any vessel used for fire fight-
ing. or any vessel in the act of fire fighting.
:'ourr•.>: m nance No. 682.
SECTION 4-4006. REPEALED by Ord. 2153.
SECTION 4-4007. REPEALED by Ord. 2153.
SUMON 4-4008. REPEALED by Ord. 2153.
SECTION 4-4000. MARKED SWIMMING AREAS. No person shall oper-
ate any motorboat or sailboat, ride, pule, or tow any aquaplane or
water skis within any designated swimming area or within twenty
(.n) feet of the exterior boundaries of any designated swimming
i rva.
. 227 - 12/31/74
i*i
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SECTION 4-4010. NAVICATINC NEAR DAM. No person sha-11 operate
any oat within five un re (500 feet of any dam owned or
operated by any public agency or within any area designa-ted by the
regulatory aeency of a body of public water where signs have been
erected giving notice of the restriction.
NO. e 2 .
SIrTION 4-4011. ANC110RIN6 IN PASSAf.EhAY. No person shall
anchor any boat for fishing, loading. 'di�ii-r:ging. servi=ci-ng. or
other purpose upon any body of water in a position which obs -trusts
a passageway ordinarily used by other boats or an area designated
as a passageway.
Somme: it n: i tatru!e No. 682.
SECTION 4-4012. MOORING TO Bt)OYS. No person shall moor or
attach any boat to any buoy, beacon, or marker placed in the
waster by any public agency. except mooring buoys or in an emer-
gency.
5cu" t-ce:—Vrdinanee No. 682.
CSECTION 4-4013. NIiVIT AQUAPLANING OR WATER SK11NG. No person
shall operate a boat, vehicle, or other motive poker puilin-g or-
towing
rtowing any aquaplane or water skirt. nor shall any person ride any
aquaplane or water skis between half an hour after sunset a-nd half
an hour before sunrise.
Soupce: UMinarve No. 682.
SECTION4-4014. OPERATION OF MOTORBOATS ON SMALL LAKES. N -n
person s wi l operate any motorboat on any fake containing less than
three hundred (300) surface acres where signs have been erected at
intervals ;,f not over one-quarter mile around said lake giving
notice of the prohibition.
owe-' _7rd i na nee No. 682.
SECTION 4-4015. DUMPING DEBRIS IN WATER. No person shall
dump or place in any public waters any garbage, trash, gasoline,
oil, sawdust, or any floating debris whether from a boat, the
shore, or any other place. `
lou�iviina)u,e No. 6R^
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%UCTICIN 4-4016. SIWTINC, ACROSS WATERS. No person shall shoot
any or gun operated by compressed gases or spring from any
boat or across or over any portion of the waters of any lake or
rvstrvoir; but this section shall not prohibit the shooting of- a
shot Run from a boat or across lake or reservoir waters during the
lawful waterfowl hunting season for the purpose of killing water-
fowl.
::cur` e. -C : rdinance No. e82.
SITTION 4-4017. ShIMMINC IN PROMI'litTED AREAS OR MORE Tml� I
11UNDRED (106) _FTTT RON SHORT.— _N . TWO
No person shall swain in any area designated as a no swimmial.
area or more than two hundred (200) feet from the shore, or out -side
the boundaries of a marked swimming area or swim in a location or -
in such a manner as to create a hazardous or dangerous condition to
the swimmer or any other person or object.
-90urce: dimance No. 682.
SECTION 4-4019. OWNERS' RESPONSI-B11ITY. No person owni=ng.
possessing, or in charge of any o:it s I Permit knowingly the
lx4at to be operated in violation of any of the provisions of this
chapter.
souece: Ti-dinance No. 682.
SECT I ON 4-4019. SIRENS. No person, except a duly authorized
pra 1114i acting itV Me performance of his duties, shall use
or sound a siren on any boat.
SourcF=rdinanoe No. 682.
SECTION. 4-4020, SUPERVISED BOAT RACES- No provision of this
chapter shall be construed to prohibit of restrict the operation
of any boat actually competing in a race or regatta over a marked
racing course previously authorized in writing and actively super-
vised by the public agency having jurisdiction over the waters of
such racing course or its duly authorized agent for that purpose,
nor to conflict with any of the rules adopted by the agency or, its
agent supervising the race, governing the conduct of such races-.
sourc _7
rdinanoe No. 682, 2153.
229 - 12/31/74
SECTION 4-4021. SIVERV1SUI hATIA SI10KS. No provision of this
chapter shall e construed to prohibit or restrict the operation of
any boat, aquaplane, or water skier actually participating in a
C water show previously authorized in writing and actively super-
vised by the public agency having jurisdiction over the water=s
on which the water show is conducted or its duly authorized
agent for that purpose
. ours Crdirance No. r82.
SECTION 4-4022. MET1101) OF ESTABLISHMENT. The Board of Super-
visors by resolution as to waters under its jurisd-iction and the
authorized representative of any other public agency as to water
under its jurisdiction may designate and cause to be appropriately
marked boat launching areas. areas designed exclusively for swim-
ming, areas where swimming is prohibited, areas where boats are
prohibited. areas of restricted speed or "slow areas", and other -
boating and personnel control signs and devices and change them
from time to time as the public safety and welfare may require.
When appropriately marked, no person shall fail to comply with
these designations.
Source. OMinanoe No. 682.
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