Fresno County Municipal Code Ch. 13.32 Use of Public Waters

Footnotes:

--- (4) ---

State Law reference— For statutory provisions empowering local authorities to regulate boating activities in waters within their jurisdiction, see Harb. & Nav. Code § 660.

This chapter is applicable as hereinafter specifically provided, to and governs all public waters, including lakes, reservoirs, ponds, canals, rivers and streams or portions thereof, situated within the boundaries of the county over which the county has police power jurisdiction, either exclusively or concurrently with the United States or the state, or both, insofar as the provisions of this chapter do not conflict with applicable statutes or regulations of the United States or the state.

(Ord. 0-83-026, § 1; prior code, § 580)

Unless otherwise defined in this chapter, the definitions set forth in the California Harbors and Navigation Code, Division 3, Chapter 5, Section 651 shall govern the interpretation of terms used herein.

(Ord. 0-82-044 § 2; prior code, § 580.1)

It is unlawful for any person to anchor any boat for fishing, loading, discharging, servicing or other purpose upon any body of water in a position which obstructs a passageway ordinarily used by other boats, or an area designated as a passageway.

(Prior code, § 583.6)

It is unlawful for any person to moor or attach any boat to any navigation or regulation marker placed in the water by any public agency.

(Ord. 0-82-004, § 3; prior code, § 583.7)

It is unlawful for any person or persons to moor, fish or operate any vessel or watercraft in an area in a lake, river or other body of water designated by a regulation marker placed in the water by any public agency to restrict or control the area designated.

(Ord 91-016, § 2)

It is unlawful for any person to operate a boat, vehicle or other motive power which is pulling or towing any aquaplane or water skier or for any person to ride any aquaplane or water skis between the hours from sunset to sunrise.

(Ord. 94-006, § 2; prior code, § 583.8)

It is unlawful for any person or persons to operate a vessel, watercraft or other motor-driven craft which is pulling or towing any aquaplane, flotation device or water skier, or for any person to ride any aquaplane, flotation device or water skis when starting from any shoreline or exiting any cove, inlet or channel where there is less than two hundred feet of clear, unobstructed visibility in all directions.

(Ord 91-016, § 2)

It is unlawful to loiter upon, fish upon, or jump from any bridge or water control structure that crosses any river, lake, or canal in the County of Fresno. As used in this section, "water control structure" includes any dams, weirs, control gates or headgates that are used for controlling or diverting the water flow on the various waterways in the County of Fresno.

(Ord. 92-001, § 1)

Except as hereinafter provided, it is unlawful to operate any motor boat on any lake containing less than three hundred surface acres when the board of supervisors by resolution finds that such operation would constitute a danger to other persons using such lake and orders that signs be erected around such lake giving notice of such prohibition, and when pursuant to such order such signs are erected at intervals of not over one-quarter mile around said lake. This prohibition does not apply to boats propelled solely by battery driven electric motors at a rate of speed not in excess of three miles per hour, or to a motor boat operated by a public authority, or by a concessionaire operating under a public authority, solely for the purpose of policing the lake.

(Prior code, § 583.10)

Except as otherwise authorized in chapter 13.60 herein, it is unlawful for any person to operate a motor boat upon any irrigation ditch or canal or engage in, or participate, in water skiing, surfboard riding or similar activity, or to tow any object by motor vehicle or other powered vehicle or craft in, upon, over or along any irrigation ditch or canal. Nothing herein applies to such activities in, upon, over or along private ditches or canals with the express consent of the owner thereof.

(Ord. 0-82-004, § 4; Ord. 569-A-1, 1975; prior code, § 583.12)

It is unlawful for any person to swim, wade, play, use or enter onto or into any reservoir, pond or canal to which this chapter is applicable and which is owned, operated, used or maintained by or under the jurisdiction of the county of Fresno or any public agency within the county of Fresno, without the express consent of the public agency under whose jurisdiction such reservoir, pond or canal is owned, operated or maintained.

(Ord. 0-83-026, § 2)

It is unlawful for any parent, guardian or other person having the care or custody of any child under the age of ten years to knowingly permit such child to enter upon or play upon the bank or shoreline of any public water to which this chapter is applicable except in the immediate presence of an adult person who has assumed responsibility for the safety of such child.

(Ord. 0-83-026, § 2)

The provisions of Sections 13.32.071 and 13.32.072 shall be applicable only within that portion of the unincorporated territory of the county contained within the area described in Section 10.44.030 of this code, which description is incorporated in this section by reference thereto.

(Ord. 0-83-026, § 2)

Any person violating any provisions of Sections 13.32.071 or 13.32.072 shall be guilty of an infraction. The penalty for such violation shall be as specified in Section 1.12.020 of this code.

(Ord. 0-83-026, § 2)

The board of supervisors by resolution as to waters under its jurisdiction 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 swimming, 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 same from time to time as the public safety and welfare may require, and when so marked, it shall be unlawful for any person to fail to comply with such designations.

(Prior code, § 587)

It is unlawful for any person or persons to operate any vessel or watercraft on a county lake or river in a pattern other than counterclockwise to the shore. Vessels or watercraft underway must proceed in a counterclockwise pattern with other craft on these waters.

(Ord. 91-016, § 2)