Kern County Municipal Code Art. III Boating Areas—General Regulations

A. For the purposes of the provisions of this chapter, all boating areas (i.e., Lake "A" and Lake "B") are established as a special use area because of unique geographical location and weather conditions, the special requirements of the Davis-Grunsky grant contract, the mode of construction of the retaining dams, the mode of construction and operation of associated canal facilities, the special conditions along the shores and islands, the limitations on means for supervision, rescue and law enforcement, and the expectation of intense usage of such boating areas for a multiplicity of aquatic activities during certain peak periods, and also because of possibility of unsafe conditions or undue interference between various activities as hereinafter described which may affect the safety of lives, persons and property or may hinder orderly conduct and supervision of activities in the boating areas.

B. Local regulations, rules and orders are necessary in conjunction with such special use area for all of the reasons aforementioned.

(Prior code § 5391.7.1)

A. Special speed zones and speed limits for boats may be established with respect to any boating area or part thereof by regulations of the board or by orders or rules of the director.

B. The boundaries of each such special speed zone shall be identified and delineated by means of either (1) placement of one (1) or more waterway markers, buoys or signs or combination thereof, or (2) the use of a map showing distinctive landmarks, waterway markers, buoys or signs or combination thereof.

C. It is unlawful to operate a boat within any special speed zone at any speed more than the speed limit prescribed therefor. 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.

(Prior code § 5391.8.1)

(Ord. No. G-8815, § 7, 3-19-19)

A. It is unlawful for any person to operate any boat on the waters of any boating area at any time during the period beginning one (1) hour after sunset and ending one (1) hour before sunrise on the following day.

B. Any prohibition contained in this article may be suspended by regulations of the board or by orders or rules of the director in connection with any race, exhibition or other aquatic event, or in relation to recreational or hunting activities requiring boating at other hours.

(Prior code §§ 5391.9.1, 5391.9.2)

It constitutes a misdemeanor to operate any watercycle at the Buena Vista aquatic recreation area which is not at least six (6) feet in length.

(Ord. G-5905 § 5, 1993: prior code § 5391.11)

It is unlawful to leave a boat, trailer or vehicle on a launching ramp, or in the water near a launching ramp, for any period of time which causes or tends to cause unreasonable congestion or interference with the movement of other boats, trailers or vehicles.

(Prior code § 5391.11.1)

A. The director or any authorized officer is authorized to give directions requiring movement of any boat, trailer or vehicle while on a launching ramp, or in the water near a launching ramp, for purposes of preventing unreasonable congestion or interference with the movement of other boats, trailers or vehicles.

B. It constitutes a misdemeanor to wilfully fail or refuse to comply with any direction mentioned in this section.

(Prior code § 5391.11.2)

A. All boating areas are established as special use areas for the purposes of this chapter for the reasons mentioned in Section 13.48.080 and also because boats, water skis or aquaplanes equipped or used in the manner described in this chapter, and aircraft on the waters of the boating area, are dangerous to other boats and waterskiers and to other people in the recreation area.

B. Local regulations, rules and orders are necessary in conjunction with such special use area for all the reasons aforementioned.

(Prior code § 5391.12.1)

A. It constitutes a misdemeanor to launch, use or operate a boat, within any boating area, which is equipped with or propelled by any turbojet, ram-jet or rocket engine, or any air-jet, steam-jet, gas-jet engine, or any air-propeller, air-rotor or other air-screw device.

B. It constitutes a misdemeanor to bring into the recreation area any boat described in subsection (A) of this section.

(Prior code § 5391.12.2)

Watercycles may be operated at Buena Vista aquatic recreation area; provided that it constitutes a misdemeanor for any propeller-driven watercycle to operate at Buena Vista aquatic recreation area.

(Prior code § 5391.7.2)

A. It is unlawful for any person to cause himself to be airborne over the waters of any boating area or elsewhere over the recreation area by means of any kite, wings, airfoil or other similar device while being towed by a boat.

B. It is unlawful to operate a boat while towing any person who is caused to be airborne over the waters of any boating area; or elsewhere over the recreation area by means of any kite, wings, airfoil or other similar device.

C. It is unlawful to use any kite, wings, airfoil or other similar device in conjunction with any water ski or aquaplane in any boating area.

D. It is unlawful to use any water ski or aquaplane equipped with motor power or any means of propulsion mentioned in Section 13.48.210 of this article.

(Prior code § 5391.12.3)

A. It constitutes a misdemeanor to use the waters of any boating area to land or takeoff an aircraft.

B. It constitutes a misdemeanor to operate an aircraft on the waters of any boating area.

(Prior code § 5391.12.4)

Any prohibition contained in this article may be suspended by regulations of the board or by orders or rules of the director in connection with any race, exhibition or other aquatic event.

(Prior code § 5391.12.5)

For the purposes of this article the term "unsafe condition" includes but is not confined to bad weather, high winds, fog and other conditions of poor visibility, high waves, currents and other unsafe water conditions, pollution of water or shores, excessive crowding of boats on any part of the lake or along its shores, activities creating waves, danger of collision, or otherwise endangering people, boats, or other property in the boating area or along its shores, riot or civil disturbance, or any event or condition which makes any such unsafe condition seem likely to occur.

(Prior code § 5391.13.1)

A. For the purposes of this article the term "undue interference between activities" includes but is not confined to any condition wherein the activity proposed to be prohibited, limited or regulated would tend to unreasonably interfere with some other authorized activity, or would tend to be unsafe to persons, boats or other property as a result of some other activity whether or not authorized.

B. For the purposes of this article the term "undue interference between activities" also includes any condition wherein the activity proposed to be prohibited, limited or regulated would tend to unreasonably interfere with an authorized race, contest, exhibition or other aquatic event, or preparation or practicing therefor.

C. For the purpose of this article the term "undue interference between activities" also includes any condition wherein the activity to be prohibited, limited or regulated may tend to interfere with, or would tend to be unsafe as a result of, any search and rescue operation, law enforcement activity, supervision of park activities by an authorized officer, the repair, reconstruction or construction of any park facility, or the placement of buoys, markers or signs.

(Prior code § 5391.13.2).

A. If the director or any other authorized officer determines in the exercise of his reasonable discretion that any prohibition, restriction or order mentioned in this section is reasonably necessary for the protection of lives, persons, boats or other property or for the orderly conduct and supervision of activities in any boating area or part thereof because of any unsafe condition or undue interference between activities, he is authorized to make any one or more orders with the following effect:

1. Prohibiting boating;

2. Prohibiting launching of boats;

3. Limiting boating or launching to specified purposes;

4. Prohibiting waterskiing and operating of boats for towing any person on water skis;

5. Prohibiting operating or launching of boats determined to be smaller than warranted by any unsafe condition; or

6. Prohibiting use of any one or more launching ramps, docks, moorings or skiing beaches.

B. The orders mentioned in this section may be applicable to all boating areas, or any designated lake, or to any designated portion of any lake, beach or facility.

C. Such order shall remain in effect until such time as the director or any authorized officer finds in the exercise of his discretion that such unsafe condition or such undue interference, or the condition which makes same probable, has terminated, or until expiration of the period prescribed in such order, if any.

D. It constitutes an infraction to willfully fail or refuse to comply with any order mentioned in this section. Any person who willfully fails or refuses to comply with any order mention in this section is also subject to an administrative penalty under Chapter 8.54 of this Code.

(Prior code § 5391.13.3; Ord. No. G-8921, § 7, 3-31-20)

A. If the director or any other authorized officer determines in the exercise of his reasonable discretion that any prohibition, restriction or order mentioned in this section is reasonably necessary for the protection of lives, persons, boats or other property or for the orderly conduct and supervision of activities in any boating area or other portion of the recreation area, because of any unsafe condition or undue interference between activities, he may make order prohibiting, limiting or regulating the use of any launching ramp, dock, mooring or skiing beach or any part thereof, or any parking areas or roads connecting therewith, or limiting the use thereof to specified purposes, or directing the order in which persons are entitled to use the same.

B. For the purposes of this section the term "unsafe condition" also means and includes any excessive crowding of boats in the water near such facility, or any excessive crowding of boats, vehicles, trailers or persons in and around any such facility or any parking area or road connecting therewith, or any damage thereto or any activity involving repair, construction or reconstruction thereof, in addition to any meaning given elsewhere in this article.

C. Such order shall remain in effect until such time as the director or any authorized officer finds in the exercise of his discretion that such unsafe condition or such undue interference, or the condition which makes same probable, has terminated, or until expiration of the period prescribed.

D. It constitutes a misdemeanor to wilfully fail or refuse to comply with any order or direction mentioned in this section.

(Prior code § 5391.13.4)

Upon making any determination mentioned in any of the sections of this article, the board may by regulation prohibit, limit or regulate in the manner therein provided.

(Prior code § 5391.13.5)