El Dorado County Municipal Code Ch. 12.56 Water Protection

This chapter shall be known and may be referred to in all proceedings as the County Water Protection Ordinance.

(Prior Code, § 7711; Code 1997, § 12.56.010)

The ordinance from which this chapter is derived is enacted pursuant to Harbors and Navigations Code § 660 and other statutes to provide additional regulation of the use of public waters within the unincorporated territory of the County for the protection of persons and property using the waters.

(Prior Code, § 7712; Code 1997, § 12.56.020)

State Law reference— Local regulation of boats or vessels on any body of water within the County, Harbors and Navigation Code § 660.

This chapter shall be construed as supplementary to State and Federal statutes regulating inland waters and in case of doubt in their interpretation shall be construed so as to be in harmony with rather than conflicting to State and Federal laws and regulations. The rules of construction contained in Chapter 1.04 are adopted by this reference and shall govern the construction of this chapter.

(Prior Code, § 7713; Code 1997, § 12.56.030)

The following words and phrases when used in any provision of this chapter shall be construed to have the following meaning, unless the context clearly indicates a different meaning:

Aquaplane means any device used for the transportation of one or more persons upon the surface of the water which is pulled or towed by any boat, vehicle or other motive power by means of a rope, chain, cable, wire or other flexible connection, including, but not confined to, any aquaplane, plank, surfboard or water ski.

Boat means any vessel or device except an aquaplane 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, sailing vessel, yacht, motorboat, motor vessel, float, pontoon, commercial boat, launch and ship.

Marked swimming area means any beach or water area set aside as a swimming or bathing area, the boundaries of which are designated by waterway markers of diamond shape of international orange with a cross or the same color within it against a white center placed not more than 100 feet apart after obtaining necessary clearances from Federal and State agencies and informing the Division of Small Craft Harbors of the location, description and purpose of the marker, all as provided in Section 7000 et seq., of Title 14 of the Administrative Code.

Public waters means any navigable lakes, streams or waters, any lakes, streams or waters owned by the United States, the State, a municipal corporation, a public district or any political subdivision or agency thereof, or any privately owned lakes, streams or waters to which the general public has access.

To operate means the steering of a boat in any manner, the operation or manipulation of any outboard or inboard engine or motor used to propel the boat, the operation, use or manipulation of oars, sails or other devices used as the propulsion of the boat, while the boat is floating in or upon any of the public waters located within the boundaries of the County.

(Prior Code, § 7714; Code 1997, § 12.56.040)

The provisions of this chapter shall be enforced by the Sheriff and any other duly appointed peace officer.

(Prior Code, § 7715; Code 1997, § 12.56.050)

Any person, firm or corporation who violates any provision of this chapter is guilty of a misdemeanor and upon conviction thereof shall be punished according to the general penalties described in Chapter 1.24.

(Prior Code, § 7716; Code 1997, § 12.56.060)