Kern County Municipal Code Ch. 13.44 Isabella Reservoir Recreational Area Use Regulations

The provisions of this chapter are supplemental to the provisions of this code contained in Sections 13.08.020 13.08.030, 13.08.060 through 13.08.200 and 13.08.220.

(Prior code § 5380)

The provisions of this chapter shall apply to all of the land and water areas within that certain area commonly known as the "Isabella Reservoir Recreational Area" and more particularly designated and delineated in that certain contract with the Department of the Army of the United States.

(Prior code § 5381)

For the purposes of this chapter, words and phrases hereinafter used shall bear the definitions set forth in Section 13.08.020 of this title, together with the further definitions as follows:

A. Boat Rental. "Boat rental" means the renting or otherwise furnishing, or an offering to rent or furnish, of any boat to any person for any monetary or other consideration, the rental transaction or other furnishing or such offering occurring either in whole or in part within or upon the lands or waters particularly referred to in Section 13.44.020 of this chapter.

B. Person. The connotation of the word "person" includes the owner of any boat and any person having the custody of and/or the possession of and/or the control of the operation of any boat either as the owner thereof or as a bailor or bailee for hire or a gratuitous bailor or bailee or otherwise, and irrespective of whether such custody and/or possession and/or control is immediate or remote.

(Prior code § 5382)

With the exception of boats owned or operated by any concessionaire or berthed or stored with the consent of any concessionaire under and by virtue of authorization contained in any concession agreement executed by the county, no person shall leave any boat unattended for more than twenty-four (24) consecutive hours.

(Prior code § 5385)

A. Any boat which is operated, managed, controlled or otherwise used in violation of the provisions of this code or any rule or regulation adopted by the board of supervisors, or which is unlawfully left unattended, may be forthwith impounded by any authorized officer and held by him pending determination of the charge of violation by virtue of which such boat was impounded.

B. In the event such boat is impounded from the immediate possession of any person, the authorized officer shall immediately deliver to such person a notice in writing signed by such authorized officer which notice shall state (i) the fact of such impoundage, (ii) the name of the owner of such boat, (iii) the name of the person from whom possession of such boat is taken, (iv) a description of such boat sufficient for identification thereof, (v) the identification number of the boat if a permit therefor has been issued under the provisions of Section 13.08. 100 of this title, (vi) any distinguishing number of the boat authorized by Chapter 2 of Division 3.5 (commencing with Section 9850) of the Vehicle Code, (vii) the particular place when such boat will be stored by virtue of such impoundage, and (viii) a statement of the charge of violation under which such boat has been impounded.

C. In the event that any such boat so impounded is not taken from the immediate possession of any person, the written notice provided for in this section shall be forthwith mailed by the authorized officer via registered mail addressed to the owner of the boat as appears either (i) from the application for permit provided for in Section 13.08.100 of this title or (ii) from the certificate of registration of the boat issued under the provisions of Chapter 2 of Division 3.5 (commencing with Section 9850) of the Vehicle Code. In the event specified in this paragraph, if the name of the owner of such boat cannot be ascertained by the authorized officer by virtue of either (i) the application for permit under Section 13.08. 1 00 of this title or (ii) the certificate of registration issued under Chapter 2 of Division 3.5 (commencing with Section 9850) of the Vehicle Code, and/or in the absence of any such permit and certificate of registration, no such notice in writing need be given by said authorized officer.

D. Such notice of impoundage shall be in addition to any citation issued under the provisions of Section 1.12.010 of this code.

E. Upon conviction of any person for any such charge of violation by virtue of which such boat is impounded, any person lawfully entitled to the possession of any such impounded boat and who shall demand such possession shall pay to the county storage charges at the rate of fifty cents ($.50) for each day of impoundage or fraction thereof. Such storage charge shall be irrespective of any criminal penalty imposed under the provisions of this code.

F. In the event that any person shall be acquitted of the charge of violation for which such boat was impounded, the boat shall be released to any person entitled to the possession thereof without any storage charge otherwise imposed by the provisions of subsection (E) of this section.

(Ord. G-4461 § 18, 1987: prior code § 5387)

A. The county shall have a lien upon any impounded boat for the payment of storage charges incurred under the provisions of Section 13.44.060 of this chapter.

B. Irrespective of the disposition of any criminal charge against any person for any violation of this code by virtue of which any boat is lawfully impounded, any impounded boat the possession of which is not obtained by any person lawfully entitled to such possession within ninety (90) days after the date of impoundage thereof may thereafter be sold by the county in satisfaction of the lien for storage charges.

C. Such sale shall be effected in the manner prescribed by Section 18.58.56 of the Civil Code of the State of California and said section is incorporated herein by specific reference; for the purpose of effecting such sale the word "warehouseman" shall be deemed to refer to the county acting by and through its authorized officer.

D. The remedy for enforcing a lien herein provided for does not preclude any other remedies allowed by law for the enforcement of a lien against personal property nor bar the right of the county to recover so much of its claim for storage as is not paid by the proceeds of the sale of any boat sold under the provisions of this section.

E. After any boat has been lawfully sold to satisfy the lien provided for by this section, the county shall not thereafter be liable for failure to deliver any such boat to any person other than the purchaser of the boat at such sale.

F. Upon the completion of the sale of any boat effected under the provisions of this section, the authorized officer shall deliver to the purchaser thereof a certificate of sale in substantially the following form:

COUNTY OF KERN, STATE OF CALIFORNIA:

CERTIFICATE OF SALE OF IMPOUNDED BOAT. I, ___________, an authorized officer of the County of Kern, as defined by Section 13.08.020 of the Ordinance Code of Kern County, do hereby certify that under and by virtue of the provisions of Section 13.44.070 of said code I have this date sold to ___________ whose address is _____ _____ _____ for the sum of _______($ _______) Dollars receipt of which is hereby acknowledged, that certain boat described as follows: ___________

DATED this _____ day of _____ 19___.

COUNTY OF KERN By _____ Authorized Officer

(Prior code § 5389)

A. Any permit issued to any person for the operation of any boat under the provisions of Chapter 13.08 of this title may forthwith be revoked by the authorized officer upon conviction of any person for any violation of this chapter concerning the boat for which any such permit has been issued.

B. Upon any such revocation of permit the authorized officer shall forthwith in writing notify the owner of such boat of the fact of such revocation and the owner of such boat shall forthwith remove from said boat all license stickers and/or capacity stickers theretofore issued under the provisions of said Chapter 13.08. Such notice shall be mailed by the authorized officer via registered mail addressed to such owner at his address as appears from the application by virtue of which the permit was issued.

C. No new permit shall be issued to any person for any boat the permit for which has been revoked under the provisions of this section for any violation committed by such person until after the 31st, day of December of the year in which the permit is revoked.

(Prior code § 5389)

A. Any person violating any provision of this chapter is guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not exceeding five hundred dollars ($500.00) or by imprisonment in the County Jail for a term not to exceed six (6) months, or by both such fine and imprisonment.

B. Each day during which any violation occurs or continues shall be deemed a separate offense for which separate prosecution may be had and separate penalty imposed.

(Prior code § 5386)