Kern County Municipal Code Ch. 13.08 Boats and Boating Areas

The rules and regulations and the fees payable as prescribed by this chapter are declared to be for the purpose of permitting the use of boats upon water areas owned, maintained or operated by the county, and not otherwise. The provisions of this chapter shall not be deemed to require any registration of any boat except in connection with its use or operation upon a water area owned, operated or maintained by the county for the recreational use of the general public.

(Prior code § 5362)

For the purpose of this chapter, the following words and phrases are defined and shall be construed as hereinafter set out, unless it shall be apparent from the context that they have a different meaning.

A. "Aquaplane" means any aquaplane, plank, surf boat, water ski or other device used for the transportation, conveyance or carrying of persons which is towed or pulled by and behind any power boat as defined in this section by means of a rope, chain, cable, wire or other flexible connection.

B. "Authorized agent" means the director of parks, acting personally or by and through lawfully appointed agents or other employees of the department of parks and recreation acting upon and with the authorization of the director of parks.

C. "Boat" means any boat, barge, yacht, float, raft, pontoon, vessel, ship, launch, canoe or other device in or upon which persons or property may be transported, conveyed or carried upon or over the surface of boating areas, as above defined, including rowboats, sailboats, sailboards, watercycles and motorboats.

D. "Boating area" means any body of water within the county of Kern, state of California, owned and/or maintained and operated by the county as a public recreation area.

E. "Director of parks" means the director of the department of parks and recreation of the county of Kern.

F. "Lake permit" means the permit sticker which shall bear an identifying serial number and two (2) capacity stickers which shall indicate the maximum number of persons which may be in or upon a "boat" when operated upon a "boating".

G. "Person" means any person, firm, partnership, association, corporation, company, estate, trust or organization of any kind.

H. "Powerboat" shall mean any boat as above defined which is propelled, operated or moved by means of motors, including internal combustion engines, and including boats temporarily or permanently equipped with detachable motors.

I. "Watercycle" means and refers to any self-propelled water vehicle, designed to be ridden upon and which is propelled by a waterjet or impeller. The term "watercycle" includes those water vessel known as the wet bike, the jet ski and the surfjet, as well as water vessel of a similar nature and design. A watercycle is a type of boat.

(Ord. G-5952 § 9, 1993: Ord. G-5841 § 2, 1992; Ord. G-5052 § 2, 1989: prior code §§ 5350—5350.9)

A. Notwithstanding any other provision contained in this chapter to the contrary, the provisions of this chapter shall not be applicable to the government of the United States, or to the state of California or to any state agency or political subdivision of the state of California.

B. Any boating area as defined in this chapter which is under the jurisdiction of the United States Department of the Interior, Bureau of Reclamation, and over and for which said Department of the Interior has established rules and regulations with respect to the operation of boats on said boating area, is exempt from the provisions of this chapter.

(Prior code §§ 5357, 5359)

The following sections of this chapter apply to the waters and appurtenances of Artificial Lake No. 1, Kern River State Park, commonly known as Lake Hart: 13.08.010, 13.08.020, 13.08.030(A), 13.08.060 through 13.08.180, inclusive, 13.08.190 except subsections (D) and (E), and 13.08.200 through 13.08.220, inclusive.

(Prior code §§ 5364.5)

The following sections of this chapter apply to the waters and appurtenances of the Delano Equalizing Reservoir, Friant-Kern Canal, commonly known as Lake Woollomes: 13.08.010, 13.08.020, 13.08.030(A), 13.08.060 through 13.08.180, inclusive, 13.08.190 except subsections (D) and (E), and 13.08.200 through 13.08.220, inclusive.

(Prior code § 5364.10)

Every owner, bailee or other person having the possession or right of use of a boat shall, before using, running, operating, driving, launching or propelling such a boat on a boating area or allowing, permitting or authorizing the using, running, operating, driving, launching or propelling of such boat, or hiring, renting or leasing a boat for such purpose, make application for and obtain a permit as hereinafter provided. One (1) application shall be made and a single permit shall be issued for the operation of any boat upon all of the areas subject to the provisions of this chapter. No boat permit is required for boats participating in events authorized under license and concession agreements.

(Ord. G-6073 § 2, 1994: Ord. G-5952 § 11, 1993: Ord. G-5052 § 3, 1989: Ord. G-4914 § 2 (part), 1988: prior code § 5351)

Such application shall be upon a form prescribed and furnished by the authorized agent and shall set forth thereon the following information.

A. The name of the owner of the boat;

B. The post office address of the owner;

C. The residence of the owner;

D. The registration number of the boat issued in accord with the provisions of Division 3.5 of the Vehicle Code of the State of California (commencing with Section 9840);

E. Any other information pertaining to such boat and the owner thereof as may be required by the authorized officer.

(Ord. G-5841 § 3, 1992: Ord. G-5052 § 4, 1989: Ord. G-4461 § 17 (part), 1987: prior code § 5351.1)

Upon receipt of such application, the authorized agent shall issue to the owner or to the person in possession thereof the following: a permit sticker which shall bear an identifying serial number. The sticker shall be affixed to the exterior of the hull of the boat above the water line thereof on the left or port side and approximately thirty (30) inches forward of the stern or transom of the boat. For sailboards, the sticker will be placed on top of the board approximately twelve to eighteen inches in front of where the sail is inserted into the board.

(Ord. G-5952 § 12, 1993: Ord. G-5841 § 4, 1992: Ord. G-5052 § 5, 1989; prior code § 5351.2)

A. Prior to approving an application for a boating permit the authorized officer shall collect a permit fee.

B. Permit fees shall be established by uncodified ordinance.

C. No fee imposed by this section shall be required for any boat used as part of any concession granted by the county for conducting the business of renting boats to members of the general public on a boating area subject to this chapter.

(Ord. G-5952 § 13, 1993: Ord. G-5841 § 7, 1992; Ord. G-5052 §§ 7, 8, 1989; Ord. G-4914 § 2 (part), 1988: Ord. G-4388 § 6, 1987; prior code § 5351.5)

No permit shall be issued under the provisions of this chapter unless the boat for which the permit is issued has been duly registered in accord with the provisions of Division 3.5 of the Vehicle Code of the State of California (commencing with Section 9840).

(Ord. G-4461 § 17 (part), 1987: prior code § 5351.8)

If at any time after a permit has been issued under the provisions of this chapter any boat or its equipment is so changed or altered in any manner so that said boat or its equipment fails to meet the standards prescribed by the provisions of Chapter 5, Division 3 of the Harbors and Navigation Code of the State of California (commencing with Section 650) or fails to comply with any structural or equipment regulation established by the Small Crafts Harbors Commission, Department of Natural Resources, State of California, or ceases to meet any requirement prescribed by this code with reference to the construction of such boat or its equipment, then in any or all of such events the authorized agent shall suspend the operation of any such boat upon the waters maintained or operated by the county until such time as the boat or its equipment complies with all of such standards and regulations and requirements so provided.

(Ord. G-5841 § 9, 1992: prior code § 5360)

The authorized agent may order the removal of any or all boat or boats from a boating area whenever they find and determine that the boat or boats meet the circumstances in Harbors and Navigations Code, Section 530. Any person who refuses to remove a boat under their control or possession from a boating area when ordered to do so by the authorized agent is guilty of an infraction and is subject to an administrative penalty under Chapter 8.54 of this Code.

(Ord. G-5841 § 10, 1992: prior code § 5361; Ord. No. G-8921, § 5, 3-31-20)

It is unlawful to operate any boat at the Isabella Reservoir or Lake Ming in violation of the following:

A. All watercycles shall be at least six (6) feet in length;

B. It is unlawful to operate watercycles on Lake Ming;

C. The length limitation prescribed by this section may be suspended by order of the board of supervisors with reference to the operation of boats upon Lake Ming or power boats upon the Isabella reservoir at such times and upon such conditions as the board may determine by its order of suspension;

D. The length of any boat is to be determined by measuring from end to end over the deck, excluding sheer.

(Ord. G-5905 § 2, 1993: prior code § 5351.9)

A. No permit shall be issued for the operation of any power boat of any description upon Lake Woollomes.

B. A permit will be issued for the operation of power boats with an electric motor only upon Lake Hart between October 1 through March 31. The following restriction will apply:

1. The maximum speed limit will be three (3) miles per hour.

2. No wake will be allowed.

3. Current lake permit required.

C. Exception. Any other provision of this chapter to the contrary notwithstanding, no permit shall be required for the operation of any boat of a length of six (6) feet or less upon Lake Hart or Lake Woollomes at any time when any such boat is used or occupied solely by a child or children under the age of fifteen (15) years. Provided, however, that any such boat so used or operated by such children shall be subject to the following regulations:

1. No boat shall be operated unless the same is determined by the authorized officer to be reasonably safe for use by such children.

2. The number of occupants of such boat shall be not more than that fixed by the authorized officer.

3. No boat shall be operated in or upon any such lakes except as may be specifically designated by the authorized officer.

(Prior code §§ 5351.10, 5352.1)

(Ord. No. G-8322, § 2, 8-7-12)

In its discretion the board of supervisors may by its minute order direct the issuance of a gratuitous permit for the use of a boat owned by any regularly organized charitable, civic, patriotic, educational, benevolent or fraternal or youth organization and operated exclusively by such organization for the education or recreation of persons under the age of twenty-one (21) years, except for the waiver of the permit fee for any such permit shall be issued and such boat shall be used and operated in all other respects in accord with the rules and regulations provided by this code.

(Prior code § 5352.2)

A. Any other provision contained in this chapter to the contrary notwithstanding, any boat dealer who desires to test or demonstrate any boat on a boating area may secure a dealer's permit for such limited purpose in lieu of the permit required by Section 13.08.060 of this chapter.

B. The term "boat dealer" as used in this section means any person engaged in a regularly established business of manufacturing and/or distributing and/or selling boats.

C. The dealer's permit issued under the provisions of this section shall authorize a boat dealer to temporarily test or demonstrate any boat in his possession or under his control for the purpose of sale or resale.

D. The dealer's permit shall authorize the operation of only one (1) boat upon a boating area at any one particular time. Any boat dealer may obtain more than one (1) dealer's permit and each such additional permit shall be deemed a separate permit.

E. Application for a dealer's permit shall be made to the authorized officer upon such form as shall be prescribed and furnished by him. The application shall be signed by the boat dealer and shall specify the following:

1. Name of the dealer;

2. Address of principal place of business;

3. Type of business;

4. Business organization, viz., individual, partnership or corporation;

5. Number of dealer's permits requested;

6. Such other information as shall be required by the authorized officer;

7. A certification or declaration by the applicant as provided by Section 2015.5 of the Code of Civil Procedure of the State of California.

F. If the type of business specified upon the application is that of a boat dealer as herein defined, the authorized officer shall issue to the applicant a boat dealer's permit upon such form as shall be prescribed by the authorized officer, which permit shall bear a serial number.

G. In addition to the permit, the authorized officer shall issue to the dealer a dealer's plate or tag in such form as shall be prescribed by the authorized officer and which shall bear the word "Dealer" and a serial number corresponding to the serial number entered upon the permit.

H. The dealer's plate or tag shall be displayed upon the exterior of any boat at all times during its operation upon any boating area under the provisions of this section. The point of display thereof shall be determined by the authorized officer.

I. A dealer's permit is not transferable.

J. No dealer's plate or tag shall be used or displayed on any boat other than a boat in the possession of or under the control of the dealer to whom the same has been issued.

K. No boat shall be operated under the provisions of this section, unless the structure of the boat and its equipment comply with the rules and regulations prescribed by this chapter and the provisions of Chapter 5 of Division 3 of the Harbors and Navigation Code of the State of California (commencing with Section 650). The authorized officer may at any time inspect any such boat and if he determines that same does not so comply he shall prohibit the operation of such boat on any boating area and/or forthwith remove the same therefrom.

L. The authorized officer shall charge and collect at the time of receiving the application a permit fee which shall be a calendar year permit fee without proration for any portion of less than such calendar year. The permit fee shall be established by uncodified ordinance.

M. All dealer's permits shall expire on the 31st day of the year in which the same are issued. Upon the expiration of any permit which is not renewed the dealer shall forthwith surrender to the authorized officer all dealer's plates or tags issued to the dealer under any and all prior permits.

N. The wilful violation by any dealer of any provision of this chapter shall be grounds for revocation of his dealer's permit; upon any such revocation the dealer shall forthwith surrender to the authorized officer all dealer's plates or tags issued under the revoked permit.

O. Any dealer's permit issued hereunder may be renewed by application for renewal in the same manner as upon application for an original issuance of permit. Application for renewal may be made on or after the 1st day of December of the year of issuance of the permit to be renewed.

P. A dealer's permit issued subject to the provisions of this section shall be valid upon all of the bodies of water subject to the provisions of this chapter.

(Ord. G-5952 § 14, 1993; prior code § 5353)

A. Every person who operates, causes to be operated or used, or permits or allows the use and operation of a boat upon a boating area for which there is no valid permit is guilty of an infraction, whether as owner or otherwise.

B. It is unlawful, and it is declared to be an infraction, for any person to use, operate, drive or propel any boat upon a boating area between the hours of one (1) hour after sunset and one (1) hour before sunrise.

C. A tow rope or a series of tow ropes attached to one another used by skiers shall not exceed one hundred (100) feet in total length.

1. Skiers shall take off at designated places only.

2. Swimmers will not be allowed to swim except in designated swimming areas, and in no case at a distance of more than three hundred (300) feet from the point where water ends at the shore of the lake.

D. It is unlawful and constitutes an infraction to tow any inflatable device behind a boat on Lake Ming. Inflatable devices specifically designed to be towed, which will include but not be limited to devices with built-in tow points and inflation valves flush with the surrounding surface, are permitted on Lake Isabella.

E. It is unlawful and constitutes an infraction for any person to operate a boat in excess of ten (10) miles per hour within one hundred (100) feet of the boundaries or limits of any fish spawning area marked or designated under the authority of the Fish and Game Commission of the State of California or of the National Forest Service of the United States.

F. Any violation of this section is an infraction. A person who violates this section is also subject to an administrative penalty under Chapter 8.54 of this code.

(Ord. G-6062 § 2, 1994; prior code § 5354)

(Ord. No. G-8815, § 4, 3-19-19)

A. The board of supervisors of the county of Kern, state of California, may, upon application filed prior to or at the time of the regular meeting and in no event less than thirty (30) days prior to the holding of the events hereinafter described, issue written authorization to bona fide yacht clubs, boating organizations or civic clubs to conduct boat races of whatever kind and nature on a boating area at a fixed time and place, upon such conditions as within the discretion of the board shall be required, and over such courses and areas as the authorized officer may designate. The written authorization of the board of supervisors shall also designate the number of days which will be allowed to the participants for practicing.

B. All entrants, contestants or exhibitors in such events shall, prior to participation therein or prior to practicing for such event, obtain an entrance permit from the authorized officer to participate in such events. Participants having obtained such an entrance permit may use or operate a boat in such event or in practicing therefor during the days designated in the aforedescribed written authorization for practicing on the courses and areas specified by the authorized officer without the necessity of securing any other permit or paying any license fee whatsoever.

(Prior code § 5355)

If any provision of this chapter or any other provision of this code is in conflict with any provision of Chapter 5 of Division 3 of the Harbors and Navigation Code of the State of California (commencing with Section 650 thereof), any such conflicting provision of this code is repealed.

(Prior code § 5363)

Any person violating any provisions of this chapter herein declared to be a misdemeanor shall upon his conviction be punishable by a fine of not to exceed five hundred dollars ($500.00) or by imprisonment in the County Jail for not to exceed six (6) months, or by both such fine and imprisonment.

(Prior code § 5356)