Chapter 8.03 — DOCKS AND STRUCTURES

The purpose of this Chapter is to protect the health and safety of the general public. The City recognizes that docks are located on Canyon Lake, which is a reservoir owned and operated by Elsinore Valley Municipal Water District and subject to that certain lease of Canyon Lake and the shoreline by the Canyon Lake Property Owner's Association. (Ord. 242, passed 1-10-2024)

“Canopy” shall mean an overhead shade structure built upon dock's platform.

“Dock” shall mean a structure extending from the shoreline or a fixed platform into the water of Canyon Lake for the purpose of providing access to the water for recreational or other purposes.

“Shoreline” shall mean the line at which the water of Canyon Lake comes into contact with dry land. The shoreline will move as water levels change.

“Super Structures” shall mean an overhead structure built upon dock's lower platform, canopy excluded.

(Ord. 242, passed 1-10-2024)

(a) General standards .

(1) All docks shall be maintained in good repair and free of debris.

(2) No dock shall pose a hazard to the public welfare, navigation, or water quality. The use of docks will be limited to the docking of watercraft and the storage of gear essential to the operation of watercraft. Storage of flammable and other hazardous substances is prohibited.

(b) Super structures prohibited . Super structures are prohibited on all docks.

(c) Electrical systems .

(1) Any dock with new electrical components, appliances, equipment and systems shall be required to comply with the relevant provisions of the California Building Code, California Fire Code, National Electric Code (NFPA 70) including any requirement to obtain a permit and inspection from the City of Canyon Lake.

(2) Docks with electricity shall have a sign warning of potential shock hazards related to electrical currents that may be present in the water that is affixed to the shoreline side of the dock that is plainly visible to a person within 20 feet of the dock and be of sufficient durability to withstand the environment. Any dock classified “not electrically wired” will not have any permanent electrical supply installed without first applying for a classification change as per City's safety and construction standards. There will be no temporary electrical supply (extension cords, etc.) used and left unattended while it is on the dock or dock walkway. Any temporary electrical supply will be an approved UL listed supply cord and be in good condition with all electrical connectors attached and in use. Any temporary electrical supply will use GFCI receptacles that meet current minimum code requirements. (Ord. 242, passed 1-10-2024)

(a) Violations declared a public nuisance . Each and every violation of the provisions of this Chapter is hereby deemed unlawful and a public nuisance and may be summarily abated by the City Manager or designee. The City may

recover any nuisance abatement costs and/or administrative fines relating to such violations in accordance with Government Code Sections 38773.1 and 38773.5.

(b) Each violation a separate offense . Each and every violation of this Chapter shall constitute a separate violation and shall be subject to all remedies and enforcement measures authorized by this Code. Additionally, as a nuisance per se, any violation of this Chapter shall be subject to injunctive relief, any permit issued pursuant to this Chapter being deemed null and void, disgorgement and payment to the City for any monies unlawfully obtained, costs of abatement, costs of investigation, attorney fees, and any other relief or remedy available at law or in equity. The City may also pursue any and all remedies and actions available and applicable under state and local laws for any violations.

(c) Criminal penalties . Any person causing, permitting, aiding, abetting, suffering or concealing a violation of this Chapter shall be guilty of a misdemeanor, and may, in the discretion of the City Attorney, be prosecuted as a misdemeanor and upon conviction be subject to a fine not to exceed $1,000 or imprisonment in the City or County jail for a period of not more than six months, or by both such fine and imprisonment. The City Attorney, in his or her sound discretion, may prosecute a violation of this Chapter as an infraction, rather than a misdemeanor, or reduce or agree to the reduction of a previously filed misdemeanor to an infraction. A fourth violation of this Chapter within one year shall be charged as a misdemeanor and may not be reduced to an infraction. Each day a violation is committed or permitted to continue shall constitute a separate offense. The City Manager may grant a hardship waiver to reduce the amount of the fine upon a showing by the responsible party that the responsible party has made a bona fide effort to comply after the first violation and that payment of the full amount of the fine would impose an undue financial burden on the responsible party.

(d) Remedies cumulative and not exclusive . The remedies provided herein are not to be construed as exclusive remedies. The City is authorized to pursue any proceedings or remedies provided by law. (Ord. 242, passed 1-10-2024)