Kern County Municipal Code Ch. 13.40 Lake Ming Use Regulations

In addition to the provisions of Chapter 5 of Division 3 of the Harbors and Navigations Code of the state of California (commencing with Section 650), regulations are prescribed in this chapter for the operation and use of the waters and appurtenances of Artificial Lake No. 2, Kern River State Park, more commonly known as Lake Ming.

(Prior code § 5369.1)

It is unlawful and constitutes an infraction unless specified as a misdemeanor; (A) for any person to use or operate any watercraft otherwise than in accord with the provisions of this chapter, or (B) for any person to use or be within or upon the waters and appurtenances of said lake otherwise than in accord with the provisions of this chapter.

(Prior code § 5369.2)

As used in this chapter the following words and phrases are defined as follows:

A. "Approved type" or any connotation thereof means, unless otherwise particularly specified, any equipment or device approved by the United States Coast Guard.

B. "Board" means the board of supervisors of the county of Kern.

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

D. "Lake" means the water are of Artificial Lake No. 2, Kern River State Park, more commonly known as Lake Ming.

E. "Motorboat" means, excluding aircraft on the water, every boat or other vessels or other device designed or used for the transportation of a person or persons upon water and which boat, vessel or other devices is or may be propelled or moved by energy generated by any internal combustion engine or electric motor; a powered aqua-plane, water-scooter or any similar device shall not be deemed to be a motorboat within the purview of this chapter.

F. "Patrol boat" means any motorboat owned or operated by the county of Kern and manned by an authorized officer.

G. "Watercraft" means any waterborne boat, seaplane or other float-equipped aircraft, and any other waterborne craft or device of any design or description whatever and expressly including water skis.

(Prior code 5369.3)

Subject to the provisions of this chapter, and subject further to the order and direction of the board, the direction and control of the operation and use of the lake and all lands adjacent thereto is vested in the director. As used in this chapter the term "authorized officer" shall refer to said director and any employee of the county acting by and with the authority of the director. All persons shall comply with all lawful direction and control of any authorized officer.

(Prior code 5369.3)

A. The water area of the lake is divided into zones designated as follows:

1. Zone 1: Harbors and harbor channels;

2. Zone 2: Excluding Zone 1, within seventy-five (75) feet of any of the following:

a. Any harbor channel,

b. Any dock, pier, launching ramp, spillway or other structure,

c. Any water ski takeoff or landing beach, ramp, pier or dock,

d. Any other portion of the shoreline on which beaching of boats is permitted;

3. Zone 3: Excluding Zones 1 and 2, within one hundred twenty-five (125) feet of any other shoreline;

4. All of the water area not included in Zones 1, 2, or 3.

B. With the approval of the board, the director shall delineate all water ski takeoff and landing areas and all other portions of the shoreline on which beaching of boats is permitted.

C. With the approval of the board, the director shall designate and delineate all motor vehicle parking areas, boat launching and loading areas, and all motor vehicle and pedestrian traffic regulations.

D. All areas of the shoreline posted for fishing shall be referred to as Zone 5, which shall include the shoreline from a line twenty (20) feet east of the easterly edge of the waterflow structure to the west end of the concrete wall near the west harbor entrance, and the shoreline from a point twenty feet west of the water inlet structure to the fence line at the east end of the easterly water ski beach.

(Prior code 5369.7)

A. Subject to the provisions of Section 13.40.140 of this chapter, swimming, bathing or wading is prohibited. Violation of this subsection is an infraction. A person who violates this subsection is also subject to an administrative penalty under Chapter 8.54 of this code.

B. All fishing is prohibited, except as allowed by this subsection. There shall be no fishing during posted special events. Fishing is allowed only from the shoreline, and not while standing in the water, from any type of boat, or from any floatable device such as inner tubes or floatable waders. Fishing from the entire developed and undeveloped shoreline, which does not include the developed area commonly known as the Marina and an identified portion of the developed areas commonly known as the East Beach and the West Beach, is permitted throughout the year. The portion of the East Beach and West Beach where fishing is prohibited is posted with signage indicating permitted and restricted areas. Fishing is not allowed before sunrise nor after sunset.

(Ord. G-7609 § 2, 2007; Ord. G-6332 § 2, 1996; Ord. G-5738 § 2, 1992; Ord. G-4324 § 2, 1986; prior code 5369.6)

(Ord. No. G-8815, § 6, 3-19-19)

A. The use and operation of the following types of watercraft is prohibited and violation of this section constitutes a misdemeanor:

1. All watercraft except motorboats and water skis;

2. Any motorboat equipped or propelled by any turbojet, ramjet or rocket engine; provided, however, that there is excepted from the prohibition of this subsection any motorboat equipped or propelled by waterjet, the jet stream discharge of which is located at or below the unladen waterline of the hull;

3. Any motorboat equipped or propelled by any air propeller or other airscrew device.

B. There is excepted from the prohibitions specified in paragraphs (1) through (3) of subsection (A) of this section the use and operation of nonpowered watercraft, including but not limited to sail-powered watercraft at Lake Ming at times and days as established by resolution of the board. Motorboat use on Lake Ming will be restricted by resolution of the board to facilitate use by nonpowered watercraft.

C. A sign shall be prominently displayed at the launching site on Lake Ming indicating the restrictions on use of motorboats and nonpowered watercraft outlined in subsection (A) of this section.

(Ord. G-5905 § 3, prior code 5369.5)

Maximum speed limits for the operation of all watercraft within the zones designated by Section 13.40.050 of this chapter are prescribed as follows:

A. Zone 1, five (5) miles per hour,

B. Zone 2, ten (10) miles per hour,

C. Zone 3, thirty (30) miles per hour,

D. Zone 4: unlimited.

(Prior code 5369.8)

Except in Zone 1, all watercraft shall travel only in accord with the following regulations:

A. All travel shall be in a counterclockwise, lefthand rotation direction with reference to the shoreline of the lake and in a line of travel substantially parallel to said shoreline.

B. Transverse travel is prohibited.

C. No watercraft shall execute any turn of more than approximately thirty (30) degrees, except in the following cases:

1. When traveling substantially parallel to the shoreline;

2. When turning at either extreme end of the line of buoys in the approximate center of the lake; or

3. When immediately engaged in the acts prescribed by Section 13.40.140 or subsection (B) of Section 13.40.250 of this chapter.

D. The foregoing traffic pattern shall not apply to watercraft, other than motorboats, who use the lake on the days and times specified in subsection (B) of Section 13.40.070.

(Prior code 5369.9)

The hours of use and operation of all watercraft shall be fixed by resolution or minute order of the board.

(Prior code 5369.10)

Further regulations for the use and operation of watercraft are prescribed as follows:

A. Except in Zones 1 and 2, and except when immediately retrieving a fallen water-skier, and except when disabled, no motorboat shall heave-to, stop or otherwise remain stationary upon any part of the lake.

B. No watercraft operating in Zone 4 shall pass within twenty-five (25) feet of the side of any other watercraft.

C. No watercraft operating in Zone 4 shall pass across the bow of any other watercraft within a distance of one hundred (100) feet between the stem of the passing craft and the bow of the craft being passed.

D. No watercraft operating in Zone 4 shall follow behind any other watercraft at a distance of less than one hundred (100) feet between the stem of the lead craft and the bow of the following craft.

E. No watercraft, other than a boat immediately retrieving a fallen water-skier, shall approach or pass within one hundred (100) feet of a fallen water-skier or retrieval boat.

F. No watercraft shall be docked or beached except in Zones 1 or 2.

G. No watercraft shall be launched upon or removed from the lake except within such particular areas as shall be designated and delineated by the director.

H. Loading of combustible fuel into the fuel tank of any boat upon the water is prohibited except at the established fuel pump pier.

I. The provisions of subsections (D), (E) and (F) of this section shall not apply to watercraft using the lake on the days and times specified in subsection (B) of Section 13.40.070.

(Prior code 5369.11)

A. Traffic control by directional beam lamp (signal light gun) from the traffic control tower is prescribed as follows:

1. Operation blinking red: water-raft receiving the beam is violating regulations cease violation forthwith.

2. Operation holding red: in conformity with the traffic pattern established by Section 13.40.090 of this chapter and with due consideration to all other watercraft traffic, the watercraft receiving the beam shall forthwith proceed either (1) to fifty (50) feet offshore from the control tower and there receive direction and control by an authorized officer, or (2) to Zone 1 for docking or immediate removal of the watercraft from the water.

3. Operation alternating red-green: watercraft receiving the beam shall immediately reduce speed with due consideration to all other watercraft and shall thereafter proceed with extreme caution.

4. Operation holding green: cancellation of any previous beam control; proceed in regular course.

B. The driver of any watercraft shall observe the control tower and obey all traffic control and direction as prescribed by this section.

(Prior code 5369.26)

A. Traffic control by colored flags, colored lights or other color device (other than directional beam lamp) displayed at or upon the control tower is prescribed as follows:

1. Operation green: all watercraft may operate.

2. Operation amber: cease all waterskiing; motorboats only permitted.

3. Operation white: waterskiing only; all motorboats other than boats towing skiers are prohibited.

4. Operation red: operation of all watercraft prohibited; immediately remove all watercraft from the waters of the lake except Zone 1. At close of operating hours prescribed by the board by virtue of Section 13.40.100 of this chapter, all watercraft shall be removed from the waters of the lake, excepting watercraft berthed at an established berthing dock.

B. No watercraft shall operate or be upon the waters of the lake except in conformity with the traffic limitations prescribed by this section.

C. Operators of all watercraft shall observe the control tower for the purpose of receiving traffic control and direction as prescribed by this section.

(Prior code 5369.27)

Further regulations for the use and operation of water skis are prescribed as follows:

A. Except for takeoff and landing in Zone 2 (c) as designated by subsection (AX2) of Section 13.40.050 of this chapter, no person shall use or operate any water skis or water-ski on any of the waters of the lake except within Zone 3 or Zone 4.

B. Skiers are prohibited from making deep water remounts in Zone 4.

C. Use of any ski kite or similar device designed or used to raise any water-skier above the surface of the water is prohibited.

(Prior code 5369.12)

The following general regulations are prescribed and violation of this section constitutes a misdemeanor.

A. Smoking and any open flame is prohibited (a) within one hundred (100) feet of any pump dispensing any combustible fuel; and (b) within fifty (50) feet of any tank or other container containing any combustible fuel and any opening of which tank or container is uncapped or otherwise open to the surrounding air.

B. All motor vehicle and pedestrian traffic is prohibited within one hundred (100) feet of the shoreline of the lake except upon lands adjacent to Zones 1 and 2, and pedestrian traffic incident to fishing in Zone 5 during fishing hours.

(Prior code 5369.18)

A permit shall be required for any boat for which a trial run is to be made or whose motor is to be tuned-up or otherwise tested at Lake Ming. Application shall be made to the authorized officer on duty at Lake Ming during the testing period. No testing shall be allowed until a permit has been issued for the boat for which application is made. A permit shall be valid for all authorized testing operations of the boat for which it is issued for the duration of the testing period of the date of issue and shall thereafter expire and be void. The authorized officer may designate, on the permit, an area or areas within which the activity for which the permit is issued may be conducted. When such designation is made, the permit is valid only for such area or areas and is void elsewhere on Lake Ming.

(Prior code 5369.29)

The authorized officer shall charge and collect a permit fee for each boat tested at Lake Ming during the authorized testing period.

A. The fee for each boat shall be established by uncodified ordinance.

B. Issuance of a permit shall constitute the receipt for the fee.

(Ord. G-5952 § 26, 1993: prior code 5369.30)

No permit shall be issued for testing of a boat under the provisions of this chapter unless that boat has been duly registered in accordance with the provisions of Article 2 of Chapter 5 of Division 3 of the Harbors and Navigation Code (commencing with Section 680).

(Prior code 5369.31)

The testing period during which permits issued pursuant to this chapter are valid shall be each Thursday morning between the hours of eight (8:00) a.m. and eleven (11:00) a.m., or such other time period as the county board of supervisors may from time to time establish by resolution. Testing of boats at any other time is strictly prohibited. Violation of this section constitutes a misdemeanor.

(Prior code 5369.32)

A boat which is being tested under a valid permit in accordance with the provisions of this chapter is not required to be equipped with a muffler system while being so tested during the testing period.

(Prior code 5369.33)

It is the intention of the board of supervisors of the county that a permit issued in accordance with the provisions of Sections 13.40.160 through 13.40.210 of this chapter shall constitute a permit of a local public entity permitting exceptions from muffler and noise level requirements of Sections 654 and 654.05 of the California Harbors and Navigation Code, and the provisions of this code shall be construed so as to be consistent with such state law.

(Prior code 5369.35)

No person owning, possessing or in charge of any boat shall knowingly permit such boat to be operated in violation of any of the provisions of this chapter, or of the permit under which the boat is being tested. Such person shall, when the testing permit designates an area where the activity for which the permit is issued may be conducted, proceed directly to such area using the shortest possible route, having in mind other traffic then present on the lake and along the shoreline, at a safe speed and in a reasonable manner.

(Prior code 5369.34)

A. At his discretion and during such particular times as he may determine, the assistant county administrative officer for general services ("ACAO") or his designee by written consent may suspend all or any part of the regulations prescribed by this chapter during any race meeting, regatta, jet ski event, water ski event, or other special event sanctioned by any locally or nationally charted power boat, water ski, drag boat, jet ski, or sailboat racing organization.

B. Application for suspension of regulations under the provisions of this section shall be in writing and must be filed with the ACAO or his designee not less than thirty (30) days prior to the first effective date of the requested suspension. The application shall be upon such form as the ACAO or his designee shall prescribe and shall specify all the following:

1. Name and address of the sponsor of the event;

2. Date(s) of requested suspension;

3. Name of organization sanctioning the event;

4. Particular nature of the special event;

5. Regulations requested to be suspended.

C. The application shall be made and signed by an authorized agent of the sponsor of the event and shall bear a certification or declaration as provided by Section 2015.5 of the Code of Civil Procedure of the State of California.

D. The ACAO or his designee may deny the application or grant the suspension subject to those conditions as the ACAO or his designee in their discretion may determine.

E. Any order of suspension made by the ACAO or his designee under the provisions of this section shall particularly specify all the following:

1. Name of sponsor;

2. Name of sanctioning organization;

3. Effective date(s) of suspension;

4. Particular nature of the event;

5. Regulations suspended;

6. Any and all conditions upon which the suspension is granted.

F. During the time of any suspension of regulations granted under the provisions of this section, the provisions of Sections 13.08.060 through 13.08.120, 13.08.150, 13.08.170, and 13.08.180 of this title shall not apply to the event.

G. During the course of the approved event authorized under the provisions of this section, the rules of the sanctioning organization shall apply, and the operation of all watercraft other than those participating in the event under the rules shall be prohibited.

(Prior code 5369.15)

(Ord. No. G-8715, § 2, 6-6-17)

A. By resolution or minute order, the board may suspend the operation of any of the regulations set forth in Sections 13.40.060 through 13.40.080 of this chapter during such time and upon such conditions as shall be prescribed by the board.

B. The provisions of this section shall not be construed to negate the permit requirements prescribed by Sections 13.08.060 through 13.08.120, 13.08.150, 13.08.170 and 13.08.180 of this title.

C. Any order of suspension effected by the board under the provisions of this section shall specify the particular type of motorboat to be operated during the period of suspension of such regulations, and during such period the operation of all other watercraft shall be prohibited.

D. Any order of suspension effected by the board under the provisions of this section which relates to the regulations set forth in Section 13.40.060 of this chapter shall be for special events only and shall be limited in time to one-half (½) day. Only watercraft as needed for the safety of swimmers will be operated and all other watercraft shall be prohibited.

(Prior code 5369.14)

The regulations prescribed by this chapter shall not apply in either of the following cases:

A. To any patrol boat; or

B. To any motorboat immediately engaged in any emergency rescue operation in the preservation of the life of any person.

(Prior code 5369.13)

The board may by its resolution or minute order prescribe such additional regulations as it may deem appropriate for the preservation of the public safety and welfare of all persons in or upon the waters and appurtenances herein concerned.

(Prior code 5369.19)

The following sections of this code are applicable to and are effective upon the waters and appurtenances of said Artificial Lake No. 2, Kern River State Park: 13.08.010, 13.08.030(A), 13.08.060 through 13.08.150, 13.08.170, 13.08.180 and 13.08.210.

(Prior code 5369.21)

The regulations prescribed by this chapter and any and all other regulations prescribed by the board pursuant to the provisions of Section 13.40.260 of this chapter shall be posted by the director in such manner and in such conspicuous locations as he shall determine to be sufficient to notify the general public of all such regulations.

(Prior code 5369.20)

In the interest of the public safety and welfare, and at any time when the traffic load of watercraft upon the waters of the lake and/or weather or surface condition of the water so require, the authorized officer in charge of operations at Lake Ming may, in his best discretion and with the concurrence and authorization of the director or superintendent of parks, temporarily prescribe variances from the regulations prescribed by this chapter and may, in addition to the regulations herein prescribed, impose and enforce additional regulations, as follows:

A. Reduce the maximum speed limits prescribed by Section 13.40.080 of this chapter;

B. Limit the number of watercraft operating upon the waters of the lake at any particular time to such reasonable number of craft as shall provide best safety to the public user of all of the waters of the lake;

C. At any particular time when more watercraft are upon the waters of the lake than is consistent with public safety the operation of water skis may be segregated from the operation of motorboats not towing water-skiers;

D. Such further emergency regulation as may be immediately necessary and proper to preserve the public safety and welfare.

(Prior code 5369.28)

A. Any person violating any provision of this chapter or who, after reasonable notice of any regulation prescribed by the board or imposed by virtue of Section 13.40.290 of this chapter for the administration of the water or land areas herein concerned, refuses or fails to comply with any such regulation is guilty of a misdemeanor and upon conviction thereof is punishable in the manner prescribed by Section 1.12.030 of this code.

B. Each day during which any such violation or refusal or failure to comply shall occur or continue shall be deemed a separate offense for which separate prosecution may be had and separate penalty imposed.

(Prior code 5369.22)

Any watercraft which is operated by any person with wilful or intentional disregard of any regulation prescribed for the use and operation thereof may forthwith be removed from the waters of the lake by any authorized officer without the consent of the owner or driver of such boat and within or without the presence of such owner or driver.

(Prior code 5369.23)