Kern County Municipal Code Art. V Boating Areas—Special Use Areas

A. The board is authorized to establish one or more special use areas in any boating area or part thereof for purposes of prescribing exclusive or primary uses to exclusion of other uses, or for purposes of prescribing, limiting and regulating certain uses, or for purposes of prohibiting certain uses, if the board determines in its reasonable discretion that establishment of any such special use area or any prohibition, limitation or regulation therefor 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 because of any unsafe condition or undue interference between activities, or is reasonably necessary for the preservation if water quality, lands, shores or facilities within the recreation area, or is reasonably necessary for promotion of aquatic or other recreational activities (including but not confined to boating, waterskiing, fishing, swimming or special aquatic events), or for protection of participants therein from unsafe conditions or undue interference between activities.

B. For the purposes of this article the terms "unsafe conditions" and "undue interference between activities" shall have the meanings given to them in Article V of this chapter.

(Prior code § 5391.14.1)

The director is authorized to establish one (1) or more special use areas for the purposes mentioned in the preceding section upon making any determination mentioned therein, consistent with any order or resolution of the board.

(Prior code § 5391.14.2)

The enumeration of various kinds of special use areas and prohibitions, limitations and regulations relating thereto in the sections following shall not be construed as a limitation on the general powers of the board and the director mentioned in the preceding sections of this article.

(Prior code § 5391.14.3)

A. Special use areas established under this article 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.

B. The special use areas mentioned in this article, and any prohibitions, limitations or regulations applicable thereto, may be established or adopted by ordinance, resolution or order of the board, or by rule or order made by the director.

(Prior code § 5391.14.4)

A. Special use areas may be necessary for exclusive or primary use by motorboats, because the speed of motorboats and wave action may be hazardous to boats which maneuver more slowly and to small boats, which considerations affect the safety of lives, persons, boats and other property and also tend to impede the full use and enjoyment of motorboats.

B. Special use areas may be established within any boating area or part thereof for exclusive use of motorboats, to the exclusion of other boats.

C. Special use areas may be established within any boating area or part thereof for primary use of motorboats, in which use or operation by other boats is limited or regulated.

D. It is unlawful to use or operate any boat, excepting a motorboat, in any special use area established for exclusive use of motorboats.

E. It is unlawful to use or operate any boat, excepting a motorboat, in any special use area established for primary use of motorboats in violation of any limitations or regulations applicable therein.

(Prior code § 5391.14.5)

A. Special use areas may be necessary for exclusive or primary use by sailboats and other boats without motor power because the speed of motorboats and wave action may be hazardous to such other boats, which considerations affect the safety of lives, persons, boats and other property and also tend to impede the full use and enjoyment of sailboats and other boats without motor power.

B. Special use areas may be established within any boating area or part thereof for exclusive use of sailboats and other boats without motor power, to the exclusion of motorboats and waterskiers.

C. Special use areas may be established within any boating area or part thereof for primary use of sailboats and other boats without motor power, in which use or operation by motorboats and waterskiers is limited or regulated.

D. It is unlawful to use or operate any motorboat, or to use or operate any water skis, in any special use area established for exclusive use of sailboats and other boats without motor power.

E. It is unlawful to use or operate any motorboat, or to use or operate any water skis, in any special use area established for primary use of sailboats and other boats without motor power, in violation of any limitations or regulations applicable therein.

(Prior code § 5391.14.6)

A. Special use areas may be necessary for the purposes of prescribing the areas for and regulating the use of inflatable boats, because such boats are subject to risks due to possibility of collision with other boats, water skis or other objects, sudden deflation and sinking, and also because such risks are multiplied if an inflatable boat moves too far from shore or into an area with fast-moving boats or waterskiers, and also because of tendency to use such boats by children and others inexperienced in boating and water safety, and also because of proliferation of cheap and inadequately designed inflatable boats, rafts and air mattresses, which considerations affect the safety of lives, persons, boats and other property and also tend to impede the full use and enjoyment of other boats and water skis.

B. Special use areas may be established within any boating area or swimming lagoon or part thereof within which use of inflatable boats is prohibited, or within which use of inflatable boats is prescribed, limited, and regulated.

C. Special use areas may be established within any boating area or swimming lagoon or part thereof within which use of inflatable boats of certain classes or types is prohibited, or within which use of inflatable boats is prescribed, limited, and regulated.

D. Regulations, rules or orders may be made classifying inflatable boats for the purposes of the prohibitions, limitations or regulations mentioned in this section, according to various considerations such as size, weight, number of compartments, thickness and resistance to puncture of compartment walls, availability or means and propulsion, freeboard, number of persons or weight which may be carried, and other design features affecting safety and seaworthiness.

E. It is unlawful to use or operate any inflatable boat in any special use area where such boats are prohibited.

F. It is unlawful to use or operate any inflatable boat in a special use area where use of such boats is prescribed contrary to any limitation or regulations applicable thereto.

G. It is unlawful to use or operate any inflatable boat of a specified class or type in any special use area where such class or type of inflatable boats is prohibited.

H. It is unlawful to use or operate any inflatable boat of a specified class or type contrary to the limitations or regulations applicable to such class or type of inflatable boats.

I. It is unlawful to tow any inflatable device behind a boat, except for 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.

(Ord. G-6062 § 4, 1994; prior code § 5391.14.7)

A. Special use area may be necessary in which all boating is prohibited because of possibility of damage to shores or banks of boating areas and islands or to facilities in or near the boating areas, and also because of possibility of unsafe conditions and undue interference with other activities, which considerations affect the safety of lives, persons, boats and other property.

B. It is unlawful to use or operate any boat in any special use area where all boating is prohibited.

C. It is unlawful to use or operate any water skis in any special use area where all boating is prohibited.

(Prior code § 5391.14.8)

A. Special use areas may be necessary for purposes of prescribing the areas for and regulating the activities of waterskiers, because towing boats operate at relatively high speeds, and towing boats and skiers may create hazards to other boats, fallen skiers and swimmers, which considerations affect the safety of lives, persons, boats and other property.

B. Special use areas may be established within any boating area or part thereof, within which waterskiing and use of ski beaches are prescribed, or within which waterskiing and landing and taking off from beaches on water skis are prohibited.

C. It is unlawful to use or operate any motorboat for towing any water skier, or to use or operate any water skis, in any special use are where waterskiing is prohibited.

D. It is unlawful to use water skis to take off from or land on any shore within any special speed zone (i.e., campgrounds).

E. It is unlawful to use or operate any motorboat for towing any waterskier taking off from any shore within any special speed zone.

(Prior code § 5391.14.9)

A. Special use areas may be necessary for purposes of prescribing the areas for and regulating fueling operations for boats, because spilling fuel on the waters of the boating areas must be prevented, or if it occurs the spreading of fuel must be mitigated and measures promptly taken to prevent ignition, and also because of limitations on firefighting facilities, which considerations affect the safety of lives, persons, boats and other property.

B. Special use areas may be established within any boating area or part thereof in which operations for fueling of boats is prescribed, limited, and regulated.

C. For the purposes of this section, the term "fueling" or "fueling operations" includes pouring or pumping any combustible fluid or gas into the fuel tank of a boat, and also any transfer of such fluid or gas from one container to another, and also opening of any fuel tank or fuel container.

D. It constitutes a misdemeanor to conduct any fueling operations for any boat in or near any boating area, except in a special use area established for fueling of boats.

E. It constitutes a misdemeanor to cause any open spark or open flame, or to smoke, within any special use area established for fueling of boats.

F. It constitutes a misdemeanor to cause any open spark or open flame, or to smoke, within fifty (50) feet of any open or uncapped tank or container holding any combustible fuel in or near any boating area.

G. It constitutes a misdemeanor to engage in any fueling operation for any boat in any special use area where it is prescribed, limited or regulated, contrary to any limitations or regulations applicable thereto.

(Prior code § 5391.14.10)

A. Special use areas may be necessary for purposes of prescribing areas for and regulating launching boats and beaching boats along the shores of the boating area and islands therein, or for loading and unloading occupants of boats, because favorable conditions of shores and beaches are necessary for such purposes, and also because of limitations on facilities for supervision and rescue, which considerations affect the safety of lives, persons, boats and other property.

B. Special use areas may be established within any boating area or part thereof within which one or more activities mentioned in this section are prescribed, limited and regulated.

C. It is unlawful to launch or haul out any boat except in a special use area where it is prescribed.

D. It is unlawful to engage in any activity mentioned in this section in any special use area where it is prescribed, limited or regulated, contrary to any limitations or regulations applicable thereto.

(Prior code § 5391.14.11)

A. Special use areas may be necessary for the purposes of prescribing areas for and regulating anchoring of boats, because boats at anchor tend to be hazardous obstacles in relation to moving boats and waterskiers, and also because boats at anchor require periodic supervision to prevent fouling of other boats and dragging anchor, and also because favorable conditions of bottom and special facilities are necessary for safe anchoring of boats, and also because certain areas may be unsafe for anchoring due to unfavorable winds or currents, which considerations affect the safety of lives, persons, boats and other property and also tend to impede the full use and enjoyment of activities of other boats and waterskiers.

B. For the purposes of this section the words "anchor" or "anchoring" are deemed to include "moor" or "mooring."

C. Special use areas may be established within any boating area or part thereof in which the anchoring of boats is prescribed, limited and regulated.

D. It is unlawful to anchor any boat, except in a special use area established for such purpose.

E. It is unlawful to anchor any boat in any special use area where it is prescribed, limited or regulated, contrary to any limitations or regulations applicable thereto.

(Prior code § 5391.14.12)

A. Special use areas may be necessary for the purposes of prescribing areas for and regulating the practice of leaving boats for extended periods, because of possible failure to supervise and inspect such boats or possible abandonment of such boats which tends to permit the improper or unauthorized use of such boats, nuisances and illegal acts, and boats going adrift on the boating area, and also because of need for accounting for boats and proper collection of entrance fees therefor.

B. For the purposes of this section the term "leaving boats" and its variants shall include beaching, anchoring, mooring, docking, parking and parking boats on trailers, without continuous supervision.

C. Special use areas may be established in which leaving boats for extended periods is prescribed, limited and regulated.

D. It is unlawful to leave any boat in any special use area where leaving boats for extended periods is prescribed, contrary to any limitation or regulation (including time limit) applicable thereto.

E. It is unlawful to leave any boat in any boating area or elsewhere in the recreation area, for any period more than twenty-four (24) hours, except in a special use area prescribed for leaving boats.

(Prior code § 5391.14.13)

A. Special use areas may be necessary for the purposes of prescribing areas for and regulating occupancy of boats at night, because of increased danger of falling overboard or boats going adrift when rescue facilities are limited, and also because occupancy of boats during the night increases possibility of water pollution or violation of restrictions of boating at night, which considerations affect the safety of lives, persons, boats and other property

B. For the purposes of this section, "night" means the period beginning one (1) hour after sunset and ending one (1) hour before sunrise of the following day.

C. It is unlawful to occupy any boat on any boating area, or any boat beached on the shores thereof or island therein, during any night, except in a special use area established for such purpose.

D. It is unlawful to occupy any boat in any special use area established for the purposes mentioned in this section during any night, in any manner contrary to any limitations or regulations applicable to such special use area.

E. The provisions of this section are not applicable to a temporary boarding of a boat for purposes of inspecting the boat or its moorings or securing the boat or its equipment against the weather.

(Prior code § 5391.14. 14)