Berkeley Municipal Code Ch. 6.04 Berkeley Aquatic Park

*For Aquatic Park traffic regulations, see Ch. 6.28.

For the purpose of this chapter certain words and phrases are defined and certain provisions shall be construed as herein set out, unless it shall be apparent from the context that a different meaning is intended.

A. "Berkeley Aquatic Park" means that area owned or controlled by the City of Berkeley, bounded by the Eastshore Highway on the west, Third Street on the east, University Avenue on the north and Ashby Avenue on the south, which is used as an aquatic park.

B. "Concessionaire" means the lessee of the boating and other facilities at the Berkeley Aquatic Park.

C. "Lake" means the Berkeley Aquatic Park lake.

D. "Motorboat" means any and all types of motor-driven craft. (Ord. 3650-NS §§ 1, 1.1, 1.2, 1.3, 1.4, 1958)

Motorboats, canoes, sailboats, rowboats and other small craft may be used on the lake, subject to the provisions of this chapter and any rules and regulations not in conflict herewith that may be established by the Director of Recreation and Parks with the approval of the City Manager. (Ord. 4224-NS § 1 (part), 1966; Ord. 3650-NS § 2, 1958)

Rates for the rental and storage of boats at the Berkeley Aquatic Park shall be fixed by the concessionaire subject to the approval of the City Manager, and no such rates shall be effective until they have been approved in writing by the City Manager. (Ord. 3650-NS § 3, 1958)

Except as otherwise provided in Section 6.04.060, no person shall use or operate a motorboat on the lake except in connection with water skiing. The days and hours of such use, the place of launching such boats, the number of such boats that will be permitted on the lake at any one time and other rules and regulations for the use of the lake by such boats shall be as established by the Director of Recreation and Parks with the approval of the City Manager as authorized by Section 6.04.020. Except as otherwise provided in Section 6.04.060C, a fee shall be paid by all persons using motorboats in the Aquatic Park; provided, however, that the concessionaire shall not be required to pay such fee for motorboats owned or operated by him in Aquatic Park. Such fee shall be fixed by the concessionaire, subject to the written approval of the City Manager and collected by the concessionaire. (Ord. 4224-NS § 1 (part), 1966; Ord. 3870-NS § 1 (part), 1962; Ord. 3769-NS § 1, 1960; Ord. 3650-NS § 4, 1958)

A. The Director of Recreation and Parks may prohibit the use of the lake or any portion thereof by any and all craft during the holding of regattas, races, pageants or similar events, or at any other time when, in their opinion, the safety of persons or property would be jeopardized thereby.

B. The area of the lake known and designated as the "model yacht basin" shall be limited to the sailing of model yachts. Electrically driven, gas propelled or other mechanically driven model boats may be used in the area only with the special permission of the Director of Recreation and Parks.

C. All boats other than those owned and operated by the concessionaire or the City, or as otherwise provided in Section 6.04.060D1, shall be cleared from the lake not later than thirty minutes before sunset. (Ord. 3870-NS § 1 (part), 1962; Ord. 3650-NS § 5, 1958)

A. For the holding of any regatta, race or pageant on the lake, application in writing must be made to the Recreation, Parks and Community Services Department at least thirty days prior to the proposed date for such regatta, race or pageant. The application shall contain such information as may be required by the Director of Recreation and Parks.

B. There shall be a planning committee for all regattas, races or pageants in order to coordinate the plans for such event with the policies of the recreation, parks and community services department and an employee of said department shall be designated by the Director of Recreation and Parks to serve on such planning committee.

C. Entrants in regattas, races or pageants may operate motorboats on the lake without paying a fee for such boats; provided, however, that fees may be charged by the sponsor of races as may be authorized by written agreement between such sponsor and the City.

D. The following regulations shall apply to motorboat races:

1. Races must be run off between the hours of nine a.m. and sunset.

2. The course of the race shall be laid out by the sponsors thereof subject to the approval of the Director of Recreation and Parks.

3. A public address system and telephone may be installed by the sponsors if needed.

The provisions of subsections A and B of this section shall not apply to races authorized by written agreement between the sponsor of the races and the City. (Ord. 3870-NS § 1 (part), 1962; Ord. 3650-NS § 6, 1958)

No person shall use the Berkeley Aquatic Park for commercial purposes except:

A. The concessionaire; or

B. A person or persons who may be so authorized by written agreement between such person or persons and the City. (Ord. 3870-NS § 1 (part), 1962; Ord. 3650-NS § 7, 1958)

It is unlawful for any person to swim, bathe or wade in any portion of that certain park located in the City and known and designated as the Aquatic Park. (Ord. 2105-NS § 1, 1937)

Any person violating any provision or failing to comply with any of the requirements of this chapter shall be deemed guilty of an infraction as set forth in Chapter 1.20 of this code. (Ord. 5591-NS § 1 (part), 1984; Ord. 3650-NS § 8, 1958)