Fresno County Municipal Code Ch. 13.60 Special Rules for the Use of Waters of the Kings River

This chapter shall apply to the use of the Kings River from Pine Flat Dam downstream to the Tulare County line. No provision of this chapter is intended to supersede or be in conflict with any statute, rule or regulation of the state or any federal regulation relating to said river, and in the event of any conflict between the provisions of this chapter and any such state or federal regulation, the provisions of this chapter so conflicting shall be deemed superseded by such statute, rule or regulation, and of no force or effect. Provided further, that other provisions of this chapter not so in conflict shall not be affected thereby and shall remain in full force and effect.

(Ord. 89-018, § 1; Ord. 569-A-1, § 2, 1975)

When used in any of the provisions of this chapter, the following words shall have the following meanings:

A. "Motorboat" means and includes every description of watercraft used or capable of being used as a means of transportation on water and which is propelled by machinery whether or not such machinery is the principal source of propulsion;

B. "Swimming aid" means any object used to float with the current, including but not limited to surfboards, styrofoam objects, logs, boards, air mattresses, inner tubes, but shall not include rafts, canoes, kayaks or rowboats;

C. "Swimmer" means any person propelling himself or herself in the water by natural means, but does not include a person only wading into the water;

D. "River" means any portion of the Kings River downstream from the Pine Flat Dam to the Tulare County line, including any and all channels thereof.

(Ord. 0-83-007, § 1; Ord. 0-82-009, § 1; Ord. 569-A-1, § 2, l 975)

It is unlawful to launch or use a motorboat, rowboat, raft, kayak or canoe upon that portion of the river between the following locations or under the following circumstances:

A. From Pine Flat Dam to a point three hundred feet downstream from the first bridge below the dam;

B. From a point four hundred fifty feet upstream from the Alta Weir to a point three hundred feet downstream from the Alta Weir;

C. On any portion of the river above the Highway 180 crossing when the water release from the Pine Flat Dam exceeds ten thousand cubic feet per second as determined and announced by the United States Corps of Army Engineers.

(Ord. 0-82-009, § 2; Ord. 569-A-1, § 2, 1975)

It is unlawful to swim or use a swimming aid upon that portion of the Kings River between the following locations or under the following circumstances:

A. From Pine Flat Dam to a point three hundred feet downstream from the first bridge below the dam;

B. On any portion of the river above the southernmost boundary of Winton Park when the water release from the Pine Flat Dam exceeds seven thousand cubic feet per second as determined and announced by the United States Corps of Army Engineers;

C. From a point opposite the southernmost boundary of Winton Park to Highway 180 at any time;

D. On any portion of the river below the Olsen Avenue bridge near Reedley when the water release from Pine Flat Dam exceeds eight hundred cubic feet per second as determined and announced by the United States Corps of Army Engineers.

(Ord. 0-83-007, § 2; Ord. 0-82-009, § 3; Ord. 569-A-1, § 2, 1975)

Editor's note— Ord. No. 06-011, adopted May 23, 2006, § 13.60.043 was a temporary emergency ordinance that expired July 7, 2006. Former § 13.60.043 pertained to a portion of Kings River closed to boats, swimming and swimming aids.

Editor's note— Former § 13.60.044, which pertained to closure of a portion of Kings River and derived from Ord. No. 11-006, § 2, adopted June 14, 2011, was rescinded by the board of supervisors on January 24, 2012.

Where swimming or the use of a swimming aid is not prohibited by Section 13.60.040, it is unlawful to swim or use a swimming aid upon such portions of the Kings River without wearing a coast-guard-approved personal flotation device.

(Ord. 0-83-007, § 3)

It is unlawful to launch or use a kayak or canoe on any portion of the river below the Olsen Avenue bridge when the water release from Pine Flat Dam exceeds eight hundred cubic feet per second as determined and announced by the United States Corps of Army Engineers.

(Ord. 569-A-1, § 2, 1975)

It is unlawful to water ski or operate a motorboat in excess of ten miles per hour on any portion of the river at any time when the water release from the Pine Flat Dam is less than eight hundred cubic feet per second as determined and announced by the United States Corps of Army Engineers.

(Ord. 569-A-1, § 2, 1975)

It is unlawful for any person to water ski or operate a motorboat on that portion of the Kings River above the Olsen Avenue bridge near the city of Reedley in excess of ten miles per hour at any time.

It is unlawful for any person to water ski or operate a motorboat on that portion of the Kings River below the Olsen Avenue bridge for one half mile to the Cricket Hollow boat ramp in excess of ten miles per hour at any time.

It is unlawful for any person to water ski or operate a motorboat on that portion of the Kings River below the Cricket Hollow boat ramp in excess of forty miles per hour at any time.

(Ord. 94-006, § 4; Ord. 569-A-1, § 2, 1975)

It is unlawful for any person to operate a motorboat or any other motorized watercraft at any time upon the river in excess of five miles per hour when within two hundred feet of a raft, kayak or canoe or within one hundred feet of a person engaged in an act of bathing save and except that a person engaged in the sport of water skiing shall not be considered as engaged in the act of bathing.

(Ord. 94-006, § 5; Ord. 0-82-004, § 5; Ord. 569-A-1, § 2, 1975)

It shall be the responsibility of the director of public works and planning or designee to post and maintain appropriate signs upon the river at such locations as in the opinion of the director or designee will give reasonable notice to the public of the provisions of this chapter.

(Ord. 02-027, § 1; Ord. 619, § 22, 1980; Ord. 569-A-1, § 2, 1975)

It is unlawful for any person not authorized by the director of public works and planning or designee to remove any sign which has been posted by the department in accordance with the provisions of Section 13.60.090 or to deface or otherwise damage such sign.

(Ord. 02-027, § 1; Ord. 619, § 23, 1980; Ord. 569-A-1, § 2, 1975)

It is unlawful to start, drive, operate, coast, move, park or possess any vehicle in the Kings River riverbed. As used in this provision "vehicle" means device by which any person or property may be propelled, moved or drawn upon a highway including but not limited to any automobile, truck, jeep, motorcycle or other motor-driven cycle, sand buggy, dune buggy or all-terrain vehicle.

(Ord. 89-018, § 2)

It is unlawful to operate any vessel or watercraft south of the Olsen Avenue Bridge on the Kings River down to the Tulare County line unless the vessel or watercraft is under power.

(Ord. 91-016, § 4)