Fresno Municipal Code Art. 9 Canals and Ponding Basins

(a) "Canal" shall mean a waterway artificially improved for the purpose of draining or irrigating land.

(b) "Ponding basin" shall mean an artificial flood control work constructed pursuant to section 24 of the Fresno Metropolitan Flood Control Act, or which is owned, operated or controlled by the Fresno Irrigation District.

(c) "Posted canal" or "Posted ponding basin" means that portion of any canal or ponding basin, or the bank or shoreline thereof, within, upon or adjacent to which a sign or signs have been posted as provided herein. Said sign or signs shall be no less than one square foot in area, upon which shall appear in letters not less than two inches in height, the words, "DANGER. NO SWIMMING. NO UNATTENDED CHILDREN." Said sign or signs shall be placed in a conspicuous place or places, shall be clearly visible within the area in which swimming and unattended children are forbidden and shall be placed in such location or locations as to give reasonable warning of the dangers involved in the posted area.

(d) "Shoreline" or "bank" shall mean that portion of the real property immediately adjoining a canal or ponding basin and within twenty feet of the water's edge which is used by the public agency in maintaining and operating said canal or ponding basin.

(e) "Trash racks" shall mean a grate erected at headwalls or pipe inlets the purpose of which is to prevent entry or exit of trash, debris, large animals, or persons into a canal pipeline. (Added Ord. 84-2, § 1, eff. 2-10-84; Am. Ord. 86-119, § 1, eff. 8-18-86).

(a) It shall be unlawful for any person to swim, wade, or enter into the waters of any posted canal or ponding basin which is operated by a public agency within the city, without the express consent of the public agency which owns, operates or maintains the canal or ponding basin.

(b) It is unlawful for any parent, guardian or other person having care or control 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 posted canal or ponding basin to which this article is applicable, except in the immediate presence of an adult person who has assumed responsibility for the safety of such child.

(c) It is unlawful for any child under the age of ten years to enter upon or play upon the bank or shoreline of any posted canal or ponding basin to which this article is applicable, except in the immediate presence of an adult person who has assumed responsibility for the safety of such child. (Added Ord. 84-2, § 1, eff. 2-10-84).

(a) The owner of the land, or the public agency operating, maintaining or having jurisdiction over the canal or ponding basin to which this article is applicable shall have authority to post the property as herein provided.

(b) The city may post such property when authorized to do so by the public entity which owns, operates, or maintains the canal, it being the intent of this provision to invoke for the city the immunity set forth in Government Code section 831.8. (Added Ord. 84-2, § 1, eff. 2-10-84).

Any person who violates any of the provisions of this article shall be guilty of an infraction punishable by a fine of not to exceed two hundred fifty dollars ($250.00). (Added Ord. 84-2, § 1, eff. 2-10-84).

(a) Arrangements for immediate or subsequent piping of certain irrigation and drainage canals shall be made as part of the development entitlement processes and shall be conditions of approval of any development entitlement approval.

(b) All irrigation or drainage canals of a capacity which can be accommodated by a pipeline having an inside diameter of fifty-four inches or less will be required to be piped, as a condition of land divisions where new parcels are being created, or as a condition to the granting of a special permit for new development, and for building permits which are subject to requirements for street improvements even where development already exists. (Added Ord. 86-119, § 2, eff. 8-18-86).