Calaveras County Municipal Code Ch. 20.10 Tulloch Reservoir

The following words and phrases when used in this chapter are to be construed to have the following meaning:

"Aquaplane" means any device, including skis, used for the transportation of one or more persons upon the surface of the water, and which is pulled or towed by any boat, vessel or other motive power by means of a rope, chain, cable, wire or other connection.

"Boat" means any water vessel.

"Boathouse/covered boatslip" means a floating or fixed roofed structure with open or closed sides and designed for permanent or temporary watercraft storage.

"Boatlift" means a facility within or adjacent to a boatslip designed to lift a boat or watercraft above the normal water level for temporary or permanent storage purposes.

"Buoy" means a floating waterway marker.

"California Boating Law" means the provisions of law, adopted by the state of California for the purposes of regulating the operation of boats and other watercraft, including but not limited to relevant portions of Harbors and Navigation Code, Fish and Game Code, Health and Safety Code, Penal Code, Vehicle Code, Title 14 of the California Code of Regulations and applicable sections of Federal Inland Navigation Rules.

"County" means Calaveras County.

"Dock" means a facility located on the reservoir, which is designed to provide access to waterfront properties and accommodate the launching of non-motorized vessels and parking and/or in water storage of watercraft.

"Encroachment application" means the form upon which an applicant describes and officially requests permission for a given use or facility within the FERC Project Boundary and submitted to the county, Tri Dam and/or both agencies for processing.

"Encroachment permit" means a permit issued by the Tri-Dam Project, which provides authorization for a particular use of facility within the FERC project boundary.

"Encroachment project" means the placement, installation, construction, repair, maintenance or replacement of any structure, any excavation or the placement of any fill, at Tulloch Reservoir within the FERC project boundary.

"Excavation" means the removal of soil or rock material from within the FERC boundary.

"Facility" means any structure, use, or combination of structures that are placed within the FERC project boundary. A structure includes, but is not limited to, a boat ramp, dock, buoy or other mooring facility, basin, retaining wall, erosion protection system, float, access ramp, stairs or piers.

"Facility expansion" means the modification of an existing facility that results in an increase of its reservoir extension, increased decking square footage, increased dock size, an increase in the number of boats it can accommodate, or increases or decreases water storage quantities.

"Facility maintenance" means the reconfiguring or repairing of existing facilities in a like for like fashion. Rebuilds are minor in nature and do not result in any significant modification or expansion of project facilities.

"FERC" means the Federal Energy Regulatory Commission, the federal agency that issues permits for hydroelectric projects to non-federal entities and from whom Tri-Dam Project must obtain approval for any facilities within the FERC project boundary.

"FERC project boundary" or "project boundary" generally includes the reservoir surface and adjoining lands to the five hundred fifteen-foot contour elevation.

"Float" means a floating platform for use by swimmers or for docking watercraft.

"Full reservoir elevation" means the elevation, measured in feet above mean sea level, to the top of the reservoir's spillway or the top of the floodgates. This is normally referred to as the five hundred ten-foot contour elevation.

"Motorboat" means any boat propelled in whole or in part by a motor, engine, or mechanical device of any kind except oars or sails. The term also includes boats temporarily equipped with detachable outboard motors.

"Personal watercraft" means any motorized watercraft commonly known, as jet ski, west bike, wave runner, surf jet or motorized ski or any similar device on top of which, rather than within, the operator rides.

"Reservoir Authority" means the general manager or designee of the Tri-Dam Project for lands within the FERC project boundary.

"Tri-Dam" or "Tri-Dam Project" means the operating authority of the Oakdale and South San Joaquin Irrigations Districts for the Tri-Dam facilities, including Tulloch Reservoir.

"Vessel" means any vessel or device, except an aquaplane, water ski or functional equivalent, 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, personal watercraft, rowboat, sailboat, sailing vessel, yacht, motorboat, motor vessel, houseboat, pontoon, commercial boat, launch and ship or equivalent regardless of name.

"Waterway marker" means any device designed to be placed in, on, or near the water to convey an official message to a boat operator on matters, which may affect health, safety or well-being.

(Ord. No. 2957, § 1, 9-16-2008).

This chapter shall establish regulations for vessels operating on the reservoir, recreational users and related construction activities on Tulloch Reservoir that are supplemental to California Boating Law. The purpose of this chapter is to provide consistent policies for the regulation, operation and enforcement activities at Tulloch Reservoir. The goal is to ensure that the quality of Tulloch Reservoir as a resource for homeowners, public, recreation, fisheries, power generation and drinking supply is maintained.

The following regulations shall apply only to Tulloch Reservoir. Should a conflict exist between the regulations contained in this chapter and other sections of this Code, the more stringent shall apply.

(Ord. No. 2957, § 1, 9-16-2008).

A. All facilities installed, constructed or maintained within the reservoir and FERC project boundary shall be in full compliance with appropriate permitting regulations of the county and Tri-Dam.

B. No facility shall be installed, constructed or maintained within the FERC project boundary unless a permit has been issued by the county and an encroachment permit has been issue by the Tri-Dam Project.

C. The county and Tri-Dam Project shall work in concert to ensure the safe and efficient operation of Tulloch Reservoir.

D. Any dock, building or structure set up, erected, built, moved or maintained or any use of property contrary to the provisions of this chapter is unlawful and constitutes a public nuisance, and the fully constituted authorities of the county may immediately commence action or actions, enjoyment thereof in the manner provided by law, and may apply to such court or courts as may have jurisdiction to grant such relief as will abate and remove such facilities or structures or use and restrain and enjoin any person, firm or corporation from setting up. All docks and facilities installed within the FERC project boundary shall be concurrently reviewed and permitted by the county and the Tri-Dam Project prior to installation. The county shall not issue a permit without prior approval from the Tri-Dam Project. Any dock or other facility installed prior to 1979 shall be considered "grandfathered" into legal existence. Any expansion, reconstruction or other alteration shall be subject to full compliance with current regulations.

(Ord. No. 2957, § 1, 9-16-2008).

Lands within the unincorporated county areas are subject to regulatory control of the county. The county acknowledges that the lands within the FERC project boundary are also subject to the permitting review and authority of the Tri-Dam Project. For the purposes of this chapter, Tri-Dam is considered the reservoir authority.

(Ord. No. 2957, § 1, 9-16-2008).

A. All boat travel shall be in a counterclockwise direction.

B. All boats shall be in full compliance with California Boating Law, in terms of operation and equipment.

C. Except in an emergency situation, no person shall land any aircraft on Tulloch Reservoir, or parachute any person or object within the FERC project boundary, except as part of a scheduled program with specific approval of the county and concurrence of the reservoir authority.

D. No person shall operate on any portion of Tulloch Reservoir a boat towing a parasail or other type of parachute or sail capable of lifting a person or object above the surface of the reservoir.

E. It is unlawful to discharge or dump any waste of any kind into the reservoir.

F. It is unlawful to trailer launch a boat at other sites not designated and posted for launching, pursuant to rules adopted by the county, in conjunction with the reservoir authority.

G. It is unlawful to land, moor or dock a boat at sites designated, posted or restricted for other uses.

H. It is unlawful to offer to operate any boat for hire, or to take passengers upon a boat for a fee, without a written permit issued by the reservoir authority as authorized by FERC, or a contract or concession agreement with the reservoir authority or designee.

I. Prohibition of Houseboats. No watercraft, which is utilized for human habitation may be placed or operated on the reservoir, moored at a fixed or permanent mooring point without approval from the county and reservoir authority or designee. Water craft so operating and containing toilets or galleys will not use such toilets or galleys without prior written approval of the reservoir authority and county health department or to place on the reservoir any boat containing marine sanitation devices which, are not in conformity with federal or state laws, regulations or rules.

J. Operation of Boat Near Dam or Within Non-Motorized Boat Areas. It is unlawful to operate a boat within two hundred feet of a dam or within a buoy line designating the area as such. It is unlawful to operate a motorized boat in a non-motorized boat area.

K. Boat Trailers. It is unlawful for any person after unloading his/her boat to leave any boat trailer in public waters or to leave any boat trailer unattended within fifty feet of the waterline at Tulloch Reservoir, except within designated areas or facilities.

L. Personal Floatation Device(s). The number of personal floatation devices on board must be equivalent to the number of passengers onboard the watercraft as specified by California Boating Law.

M. Capacity. At no point shall the number of passengers aboard a watercraft exceed the listed capacity of the watercraft as established by the watercraft manufacturer.

(Ord. No. 2957, § 1, 9-16-2008).

A. Areas designated and posted as exclusive swimming beaches and areas of the lake buoyed as exclusive swimming areas by the reservoir authority, shall be used only for the purposes of swimming, bathing, wading and diving. It is unlawful for any person, except in an emergency, to swim in any area designated as a "no swimming" area, or more than two hundred feet from the shore, or outside the boundaries of a marked swimming area, or to swim in a location, or in such a manner, as to create a hazardous or dangerous condition to the swimmer or any other person.

B. It is unlawful to use a beach designated and posted as an exclusive swimming area by the reservoir authority, for purposes of boating, aquaplaning, fishing or similar activities.

C. No person shall jump or dive from a public highway bridge.

(Ord. No. 2957, § 1, 9-16-2008).

A. Shore fishing and fishing while wading is permitted along any shoreline within open areas of the reservoir where no conflict exists with private property ownership, except in exclusive swimming areas designated and posted pursuant to Section 20.10.150 and except where posted "No Fishing" pursuant to rules adopted by the reservoir authority, in cooperation with the California Department of Fish and Game.

B. Fishing from boats is permitted everywhere except where posted "No Fishing" pursuant to a rule adopted by the reservoir authority, in cooperation with the California Department of Fish and Game.

C. No person shall fish from or upon a public highway bridge.

(Ord. No. 2957, § 1, 9-16-2008).

A. No person shall operate any boat in excess of forty-five miles per hour at any time on any portion of Tulloch Reservoir or, if in a restricted speed zone, in excess of five miles per hour unless at special events as authorized by the county.

B. The maximum speed at Tulloch Reservoir is five miles per hour between sunset and sunrise the following day.

C. Restricted speed zones may be established by the reservoir authority. Such restricted speed zone areas shall be reasonably marked or delineated by buoy markers. Restricted speed laws established by this subsection are in addition to general speed limits established by state law.

(Ord. No. 2957, § 1, 9-16-2008).

A. All boats operating on the reservoir shall be sufficiently equipped and maintained such that there is no degradation to the quality of water within the reservoir.

B. It is unlawful for any person to dump or place into the reservoir any human or other animal waste, garbage, trash, gasoline, oil, sawdust, debris or other foreign matter whether from a boat, the shore or any other place.

C. It is unlawful for any person to wash, rinse or otherwise clean cooking or eating utensils, food, clothing, camping equipment or other articles in the reservoir.

(Ord. No. 2957, § 1, 9-16-2008).

A. Supervised Boat Races and Water Shows. Special events require application for and approval by the county subject to agreement of the reservoir authority. The provisions of this chapter and the regulations adopted pursuant to this section shall not be construed to prohibit or restrict the operation of any boat actually competing in a race or regatta over a marked racing course or the operation of any boat, aquaplane or water skier actually participating in a water show, when such race, regatta or water show is previously authorized and actively supervised by the county with prior agreement by the reservoir authority.

B. Transport of Noxious Plants or Wildlife. It is unlawful for any person to transport noxious plants or wildlife to the reservoir. All vessels shall be inspected by the owner and/or operator prior to launching said vessels and appropriate action taken to prohibit the introduction of noxious plants or wildlife from foreign reservoirs being introduced and/or imported to Tulloch Reservoir.

(Ord. No. 2957, § 1, 9-16-2008).

The sheriff and his/her deputies, public officers and employees shall have the authority to enforce the provisions of this chapter and the provisions of any other statute, ordinance or regulations relating to boating safety or sanitation.

(Ord. No. 2957, § 1, 9-16-2008).