Article X — STANDARDS FOR MARINA BERTHING LICENSES

Lake can provide benefits to the citizens of Lake County by allowing for educational, informational, and entertainment opportunities.

standards for the issuance of a license for the use of berths in marinas owned by the County of lake. It is further intended to create a mechanism for cost recovery for the use of these berths without adversely impacting the berth users.

(Ord. No. 2985, § 1, 3-12-2013)

a.

Any person, group, organization or entity to use a berth, as defined herein, unless such marina berthing license as may be required under this article has been fully executed;

b.

Any person, group, organization or entity to use a berth without a marina berthing license;

c.

The licensee to willfully violate the terms and conditions of the license;

d.

To interfere with or disrupt the lawfully licensed use of a berth within a marina located within the boundaries of the County of Lake.

(Ord. No. 2985, § 1, 3-12-2013)

a.

Applicant means any person, group, organization, or entity who seeks a marina berthing license from the County to use a berth in a marina located within the boundaries of the County of Lake. An applicant must be eighteen (18) years of age or older.

b.

Berth means a place to tie a vessel as assigned by the County.

c.

Berth use means the tying of a vessel to a berth as assigned by the County to the licensee.

d.

Berthing area means the area of any marina owned by the County of Lake in which vessels are berthed.

e.

Berth license fee means and includes the monthly or daily fee paid by the licensee for the use of the assigned berth.

f.

Board or Board of Supervisors means the Board of Supervisors of the County of Lake, State of California.

g.

County means the Administrative Office of the County of Lake, which is authorized to execute marina berthing licenses, or any other County Department or entity that is authorized to manage marina operations, as designated by the Board of Supervisors.

h.

County marina means and includes the area within the boundaries of the County of Lake that is owned and operated by the County of Lake as a facility for the berthing of vessels.

i.

Float means and includes any floating platform normally used for the mooring or securing of vessels.

j.

License Application Fee means the fee to be paid by the marina berthing license applicant at the time the application is filed with the County, pursuant to the application fee schedule established by resolution of the Board of Supervisors.

k.

Licensee means any person or organization to whose name a specific berth at the County marina is assigned by the County pursuant to a marina berthing license.

l.

Marina berthing license or license means the license agreement executed by the licensee and the County pursuant to the provisions of this article.

m.

Person means any individual, firm, partnership, joint venture, limited liability company, association, social club, fraternal organization, corporation, estate, trust, business trust, receiver, trustee, syndicate, or any other group or combination acting as a unit.

n.

Personal watercraft means and includes any motorized vessel that has an internal combustion engine powering a water-jet pump or a fully-covered propeller chamber as its primary source of motor propulsion and that is designed to be operated by a person sitting, standing, or kneeling on the vessel rather than the conventional manner of sitting or standing inside the vessel. This term shall include, but not be limited to, those vessels commonly known as "jet skis," "wet bikes," "surf jets" and "sea-doos."

o.

Seaworthy means in good condition, structurally sound, not likely to sink or become a menace to navigation or a nuisance, and capable of getting underway and safely maneuvering over the surface of navigable waters.

p.

Vessel means and includes every description of watercraft, other than a seaplane on water, that is used or is capable of being used as a means of transportation on water.

(Ord. No. 2985, § 1, 3-12-2013)

size to operate within a marina, except in cases of extreme emergency, in which case the owner shall be liable for any damage caused by such vessel.

County. To the extent authorized by law, the County may enter upon any vessel in a marina to make such inspections and to take such actions as may be required to enforce the provisions of this article.

to change its berth in the marina to such other position as may reasonably be designated. In the event that such orders are not complied with, in addition to any other penalty or remedy provided by law, the County may cause such vessel to be so moved and the cost of such move shall become due and payable in the same manner and subject to the same regulations as berth license fees.

damaging other boats or any of the County of Lake's marina facilities, County may take such action as in the County's sole discretion is necessary for the protection of any property of the County of Lake or its licensees. The County shall render a bill for such services to the vessel owner, and such amount shall become due and payable in the same manner and subject to the same regulations as berth license fees.

vessels other than those for which a berth license has been issued to berth in a marina on a daily or weekly basis. Operators of such vessels shall sign agreements and shall pay fees established by resolution of the Board of Supervisors.

marinas to a private party, pursuant to an agreement approved by the Board of Supervisors. The County may provide the private party with the appropriate discretion in determining appropriate marina operation procedures consistent with the provisions of this article.

(Ord. No. 2985, § 1, 3-12-2013)

of California or any other state, or documented under the laws of the United States. All vessels must remain currently registered by the state of California or any other state, or documented by the United States to retain a berth license. The owner or any person operating a vessel for which a berth license has been issued shall present the registration or identification card or other evidence of registration or documentation of the vessel for examination and copying upon demand of the County.

(Ord. No. 2985, § 1, 3-12-2013)

of the County of Lake shall first obtain a marina berthing license from the County.

County of Lake pursuant to the standards provided in this article. The issuance of a license shall confer upon the licensee the right to use the berth in accordance with the terms and conditions set forth in the license.

A license shall not be required under this article for use of a berth by a governmental

agency acting within the scope of its authority.

requirements for the issuance of fireworks, structural, electrical or other licenses by County departments prescribed elsewhere in this code, when such licenses are otherwise required because of a particular condition or requirement of the berth use.

vessel. No marina berthing license will be executed in the name of a partnership (general or limited), corporation, limited liability company, joint venture or other legal entity; provided, however, the County may establish procedures for the execution of a marina berthing license for a vessel that is registered, documented or owned by a partnership (general or limited), corporation, limited liability company, joint venture or other legal entity to a natural person whose interest in the vessel (whether by virtue of an interest in the partnership, ownership of stock of a corporation or otherwise) is equal to or greater than that of each of the other partners, stockholders, members or associates.

County and shall be accompanied by appropriate fees, vessel specifications, title documentation, credit information, and any other information required by the County. Only complete applications shall be accepted by the County for processing.

(Ord. No. 2985, § 1, 3-12-2013)

Any person desiring to use a berth owned by the County of Lake under this article shall

apply for a marina berthing license by filing a verified application with the County supplied by the County.

in compliance with Government Code Section 6061. Said notice shall also be posted in the office of the Clerk of the Board of Supervisors. Said notice shall describe the berth proposed to be licensed, the terms of the license, the location where offers and applications to license the berths will be accepted, the location where the license will be executed, and the County officer authorized to execute the lease or license.

contents of the application form as described in Section 15-78, the license conditions described in Section 15-82, or any other criteria which the County determines to be applicable under this agreement.

County.

(Ord. No. 2985, § 1, 3-12-2013)

a.

The name, mailing address and daytime and evening telephone numbers of the applicant, and a certification that the applicant will be financially responsible for any fees and costs that may be imposed for the use of the berth.

b.

The name, mailing address and daytime and evening telephone numbers of an alternative person who may be contacted if the applicant is unavailable.

c.

The name, mailing address and daytime and evening telephone numbers of the person or persons chiefly responsible for the use of the berth.

d.

Insurance information, where appropriate.

e.

Any special or unusual requirements that may be imposed or created by virtue of the berth use.

f.

Any supplemental information which the County shall find reasonably necessary, under the particular circumstances of the license application, to determine whether to approve or conditionally approve a marina berthing license application pursuant to the provisions of this article.

(Ord. No. 2985, § 1, 3-12-2013)

herein. Such action shall be taken as expeditiously as possible and, in any case, (a) no later than fifteen (15) business days after the County receives a completed application for any berth use, unless the applicant agrees, upon the request of the County, to extend the time for making decision to a later date.

County shall inform the applicant of the grounds for denial in writing, or the reason for the conditions imposed, simultaneously with the notice of the decision, and shall further inform the applicant of his or her right of appeal.

(Ord. No. 2985, § 1, 3-12-2013)

consideration of the application and other pertinent information that one (1) or more of the following exists:

a.

The information contained in the application, or supplemental information requested from the applicant, is found to be materially false or misleading.

b.

The applicant fails to complete the application form after having been notified of the additional information or documents requested.

c.

The berth use will violate public health or safety law or fail to conform with the requirements of federal, state and/or local law.

d.

The applicant demonstrates an inability or unwillingness to use the berth pursuant to the terms and conditions of this article.

e.

No appropriate berths are available as described in Section 15-83.

(Ord. No. 2985, § 1, 3-12-2013)

by altering the date, time, duration, or location of the license, the County, instead of denying the application, shall conditionally approve the application pursuant to Section 15-82 herein. The conditions imposed shall provide for only such modification of the applicant's proposed license as is necessary to achieve compliance with this article and shall be consistent with the federal, state, and/or local law.

(Ord. No. 2985, § 1, 3-12-2013)

necessary to protect the safety of persons and property. Such conditions may include, but need not be limited to the following:

a.

Marina berthing licenses are nontransferable. No person shall gift, sell, assign, or transfer, whether voluntarily or involuntarily, a marina berthing license, and any attempt to do so shall not be recognized or honored by the County of Lake; provided, however, the County may establish regulations authorizing the temporary use of berths.

b.

The term of marina berthing licenses are subject to renewal on an annual basis.

c.

Any license fee for a marina berthing license shall not exceed ten thousand dollars ($10,000.00) per month.

(Ord. No. 2985, § 1, 3-12-2013)

dimensions to accommodate the vessel is available and if the applicant qualifies for a marina berthing license.

County and the licensee shall execute a marina berthing license upon receipt of the applicable signed license application, proof of insurance, and any applicable license fees. The marina berthing license shall be fully executed by the licensee and the County once the application has been approved, the applicant has agreed in writing to comply with the terms and conditions of the license, and all of the requirements of this article have been satisfied.

County shall place the applicant at the bottom of the waiting list. As berths become available, the marina berthing licenses shall become available for execution to applicants on the waiting list in order of their priority.

provided in the complete application, the following:

a.

The applicant is either (i) a natural person and the registered or documented owner of the vessel, or (ii) in the event the registered or documented owner of the vessel is a partnership (general or limited), corporation, limited liability company, joint venture or other legal entity, that the applicant is a natural person whose interest in the vessel (whether by virtue of an interest in the partnership, ownership of stock

of a corporation or otherwise) is equal to or greater than that of each of the other partners, stockholders, members or associates; and

b.

The vessel is seaworthy and of appropriate size to operate in a County of Lake marina; and

c.

The applicant is credit worthy.

(Ord. No. 2985, § 1, 3-12-2013)

to comply with any provisions of this article, or any regulation promulgated thereunder, or any provision of the marina berthing license.

(Ord. No. 2985, § 1, 3-12-2013)

a.

Denial of a license;

b.

A license condition.

Board of Supervisors by the applicant within ten (10) calendar days after mailing or personal delivery of a notice of the action to be appealed. The Board of Supervisors shall hear the applicant or a designated representative and receive any relevant information and documents.

Following the filing of an appeal, the Board of Supervisors shall hold a public

hearing on the matter. Notice of hearing shall be mailed at least fourteen (14) days prior to the hearing to the applicant.

The Board of Supervisors may sustain or overturn a decision of the County which

is being appealed, or may grant or modify a license subject to specified conditions it imposes, or may revoke or deny a license. Notice of the decision of the Board together with a copy of any findings adopted by the Board shall be mailed to the appellant and/or applicant within fifteen (15) calendar days. The decision of the Board of Supervisors shall be final.

(Ord. No. 2985, § 1, 3-12-2013)

reimburse the County of Lake for any costs incurred by it in repairing damage to County property occurring in connection with the berth use and proximately caused by the actions of the licensee, its officers, employees, or agents or any person who was under the licensee's control insofar as licensed by law. The agreement shall also provide that the licensee shall defend the County against, and indemnify and hold the County harmless from, any liability to any persons resulting from any damage or injury occurring in connection with the berth use. The licensee and owner(s) of a vessel authorized by a marina berthing license to berth in a marina shall assume the defense of, and indemnify and hold harmless, the County of Lake, its officers, employees and agents from and against all actions, losses, damages, liability, costs and expenses of every type and description, including, but not limited to, attorney fees, to which any or all of them may be subjected by reason of, or resulting from, directly or indirectly, in whole or in part, the acts or omissions of the licensee or owner or the licensee's agents, officers or employees, directly or indirectly arising out of the licensee's use of the berth or marina owned by the County of Lake, except where such loss or damage which was caused by the sole negligence or willful misconduct of the licensor. The foregoing is not intended to and shall not be construed to limit any responsibility or liability that the licensee or owner(s) may be subjected to under other laws.

(Ord. No. 2985, § 1, 3-12-2013)

a.

The applicant must possess or obtain public liability insurance to protect against loss from liability imposed by law for damages on account of bodily injury or property damage arising from the berth use. Such insurance shall name on the policy or by endorsement as additional insureds the County of Lake, its officers, employees and agents.

b.

Insurance coverage must be maintained for the duration of berth use. Coverage shall include, but is not limited to, a comprehensive general liability insurance policy with a protection and indemnity (vessel liability) endorsement issued by an insurance carrier and with minimum limits approved by the County's Risk Manager.

c.

Certificates of Insurance. The marina berthing license shall not be executed by the County until after the insurance policy or certificate of insurance along with the necessary endorsements have been filed by the applicant or sponsor and approved by the County's Risk Manager.

marina berthing license to berth in a marina shall maintain in full force and effect at no cost to the County a marine protection and indemnity insurance policy:

a.

With coverage limits established by the County Risk Manager; and

b.

Issued by an admitted insurer or insurers as defined by the California Insurance Code, with a current A.M. Best's rating of no less than A:VII; and

c.

Providing that the County of Lake, its officers, employees and agents are to be named as additional insured under the policy; and

d.

Stipulating that the policy will operate as primary insurance and that no other insurance effected by the County of Lake or other named insured will be called on to contribute to a loss covered thereunder; and

e.

Providing that no cancellation, change in coverage or expiration by the insurance company or the insured shall occur during the term of the marina berthing license, without thirty (30) days' written notice to the County prior to the effective date of such cancellation or change in coverage.

provide written notice of the requirements of this Section 15-87 to every person who is a licensee on the effective date of said ordinance. A person who is a licensee on the effective date of said ordinance shall have ninety (90) days from the effective date of said ordinance to comply with the requirements of this Section 15-87.

(Ord. No. 2985, § 1, 3-12-2013)

said license fee shall be established by resolution of the Board of Supervisors. Said license fee shall not exceed ten thousand dollars ($10,000.00) per month.

license fee shall be established by resolution of the Board of Supervisors.

(Ord. No. 2985, § 1, 3-12-2013)

license processing based on the approved cost recovery schedule set by the Board of Supervisors in the resolution governing fees and charges, or the actual cost. Actual charges may also be made for other non- personnel expense for berth use. The County shall require prepayment of such charges prior to the time the completed application is approved, unless the County has waived expense reimbursement as prescribed herein.

County services, equipment or personnel in support of the berth use.

(Ord. No. 2985, § 1, 3-12-2013)

and shall become delinquent on the tenth day of the month for which payment is due.

(Ord. No. 2985, § 1, 3-12-2013)

following conditions:

a.

A public purpose will be served and the event provides a benefit to the citizens of the County of Lake.

(Ord. No. 2985, § 1, 3-12-2013)

personnel of the city, shall go upon any of the floats, gangways or vessels within the berthing area.

necessary for the person to enter or exit the berthing area.

(Ord. No. 2985, § 1, 3-12-2013)

assigned berth, provided that all such work is done within the confines of the vessel itself and is not carried on upon the floats or gangways. All materials used in repair or maintenance work shall be stored within the confines of the vessel when work is not being performed, and shall not be kept upon floats or gangways when the person performing the work is not in attendance at the vessel. Any repairs or maintenance shall be accomplished in such a manner as not to interfere with access to, or use of, any other vessel. No debris, removed parts or fluids from repairs and maintenance may be allowed to accumulate on any dock or enter marina waters.

confines of a marina without written permission from the County. If such permission is given, and welding equipment, burning torch, or any other open flame apparatus is used, care shall be exercised for the safety of all vessels and marina facilities, and an approved fire extinguisher of the proper type and of sufficient size shall be readily available. In addition, a water hose attached to an outlet shall also be available as a standby facility. Any work requiring the use of welding equipment, a burning torch, or any other open flame apparatus shall be conducted only in an area designated by the County.

for which such person receives a fee, compensation, or any other thing of value, unless such person has first complied with the following provisions:

a.

Shown the County proper work authorization from the owner of the vessel; and

b.

Shown the County evidence of the issuance of an fictitious business name from the County of Lake; and

c.

Obtained permission from the County to enter the berthing facility; and

d.

Agreed to perform such service or work in conformance with instructions of the County; and

e.

Shown the County a statement of insurance coverage to include:

(1)

Workers compensation and employer's liability,

(2)

General liability insurance,

(3)

Products and completed operation liability,

(4)

Broad form property damage liability, and

(5)

Personal injury liability.

officers, employees, and agents as additional insureds. The policy shall stipulate that it will operate as primary insurance and that no other insurance by the County of Lake or other named insured shall be called on to contribute to a loss covered thereunder. The policy shall also contain a provision requiring a ten (10) days' notice must be given to the County prior to cancellation, modification or reduction of the limits of the policy by the insured.

(Ord. No. 2985, § 1, 3-12-2013)

in a marina, unless the vessel is in an emergency situation or condition:

a.

Vessels that are in an emergency situation or condition shall only be operated or berthed in a marina until the emergency situation/condition ends, but in no event shall the vessel remain in a marina for more than seventy-two (72) hours;

b.

Determinations of seaworthiness shall be made by the County.

County. If the owner of any vessel or the owner's agent refuses to comply with the County's order, the refusal shall constitute grounds for revocation of any marina berthing license for berthing the vessel. The County may order the vessel removed and stored for a period not to exceed sixty (60) days. Upon the expiration of the sixty-day period, the vessel shall be sold at public auction in accordance with the provisions of Article 4 of Chapter 2 of Division 3 of the Harbors and Navigation Code (commencing with Section 500 thereof). The owner of the vessel shall be civilly liable to the County for all costs, fees, damages and expenses incurred by the County of Lake in raising, towing, keeping, storing and selling the vessel. All such costs shall be a lien upon the vessel and the proceeds of sale thereof.

(Ord. No. 2985, § 1, 3-12-2013)

from the County marina.

provided by law, the County may cause such vessel to be so removed and the cost of such removal shall become due and payable in the same manner and subject to the same regulations as license fees.

(Ord. No. 2985, § 1, 3-12-2013)

shall immediately mark its position by a buoy or beacon by day, and by an electric light visible for at least one hundred (100) yards by night, and maintain such markings until the obstruction is removed. The owner of such a wrecked or sunken vessel shall immediately commence removal of the vessel and prosecute the removal diligently to completion, and the failure to do so shall constitute an abandonment of the vessel and subject the vessel to removal and disposition in accordance with the provisions of Section 15-95. No person shall return a wrecked or sunken vessel to its berth within the County marina without the prior approval of the County. The owner of a sunken or wrecked vessel shall be liable for any damage which results to County property or other vessels in the County marina.

(Ord. No. 2985, § 1, 3-12-2013)

property, or County facilities within the County marina, of any nature whatsoever, whether such person be at fault, or not, shall fill out an accident report provided by the County within twelve (12) hours of such incident. The completion of this accident report shall be in addition to such notices and/or reports required by the laws of the state.

(Ord. No. 2985, § 1, 3-12-2013)

and in no event shall the entrance to the County marina be blocked by general boating activities or fishing. The speed of any vessel within the County marina shall not exceed three (3) miles per hour. No person shall operate a vessel upon the waters of the County marina in such a manner that the speed thereof creates an unnecessary or excessive wake, or interferes with the operation of any other vessel. Notwithstanding this Section 15-99, all vessels must comply with the speed limitations of Section 15-11.

(Ord. No. 2985, § 1, 3-12-2013)

100.1 It is unlawful for any child under the age of fifteen (15) years to enter, remain, or be upon any of the floats, gangways, or vessels in the County marina, unless such child is accompanied by a responsible adult who is authorized to be in the County marina pursuant to Section 15-83 of this article.

(Ord. No. 2985, § 1, 3-12-2013)

101.1 No owner or person in control of any dog or other animal shall license the animal to run at large within the County marina. All animals shall be deemed to be running at large unless: the animal is led or restrained by a leash, chain, strap, cord, or other similar device attached to the animal's collar, and which is securely fastened around the animal; and the leash, chain, strap, cord, or other similar device is actually held by a person capable of controlling the animal or made fast to the vessel of the owner or the vessel of the person in control of the animal. Owners shall be responsible for all actions of the animal.

(Ord. No. 2985, § 1, 3-12-2013)

102.1 No person shall throw, deposit, discharge, or otherwise place any refuse, garbage, debris, bait, sewage, or waste matter of any description, upon or into the floats or waters of the County marina.

102.2 No person shall throw, deposit, discharge, or otherwise place any oil, paint, varnish, spirits, coal tar, contaminated bilge water, inflammable liquid, refuse or residuary produce of coal, petroleum, asphalt, bitumen, or other carbonaceous material or substance, upon or into the floats or waters of the County marina.

102.3 All garbage shall be deposited in receptacles furnished by the County of Lake for that purpose.

102.4 No person shall clean fish on the floats or other areas of the County marina. No person shall place or leave dead animals, fish, parts of fish, shellfish, bait, or other putrefying matter on or along the floats, gangways, or County marina structures, or throw or deposit such materials upon or into the waters of the County marina.

(Ord. No. 2985, § 1, 3-12-2013)

103.1 No person shall discharge sewage in a County marina. The County shall require owners of vessels which are used for eating or sleeping purposes to post notices that the toilet facilities aboard may not be used while the vessel is moored or berthed in the County marina or is using the waters of the County marina, unless such vessel is equipped with a properly functioning sewage holding tank.

(Ord. No. 2985, § 1, 3-12-2013)

104.1 No person shall live on board any vessel within the County marina. One (1) or more persons on board between the hours of 1:00 a.m. and 6:00 a.m. shall be considered as living aboard that night; unless the vessel enters or leaves the County marina during that time.

(Ord. No. 2985, § 1, 3-12-2013)

105.1 No person shall use barbecues, hibachis or other similar open flame devices within the confines of the County marina.

(Ord. No. 2985, § 1, 3-12-2013)

106.1 No person shall wilfully injure, break, remove, or tamper with any part of any vessel or any other private or public property in the County marina, nor shall any person climb into, or upon, any vessel without the consent of the owner, unless in the performance of official duties, or to protect life or property.

(Ord. No. 2985, § 1, 3-12-2013)

107.1 The owner of a vessel shall assume all liability for damage or loss of any kind to the owner's property while within the confines of the County marina. The County of Lake assumes no risk on account of fire, theft, act of God, or damage of any nature, from any cause whatever, to vessels or other property.

(Ord. No. 2985, § 1, 3-12-2013)

108.1 No person shall advertise or solicit on any vessel or any berthing area within the County marina, except one (1) sign not to exceed one (1) square foot in area is licensed on any vessel.

(Ord. No. 2985, § 1, 3-12-2013)

109.1 The County of Lake Board of Supervisors finds as follows:

a.

The County marina, as described in Section 15-73 of this article, is designated as a "special use area," as defined in the Harbors and Navigation Code, Section 651(aa). The County marina is operated by the County as a facility for the berthing of vessels. Local regulation of the County marina is required to prevent accidents and to facilitate the use of the County marina for its primary purpose of berthing licensee vessels.

b.

The boat launches and courtesy docks are designated as special use areas, as defined in the Harbors and Navigation Code, Section 651(v). The boat launch ramps and courtesy docks are operated by the County of Lake for the launching and delaunching of vessels and for the coming and going of vessels using the courtesy dock on a temporary basis.

c.

The configuration of the County marina, and the large number of boats berthed therein, which navigate in and out of the County marina, make use of the County marina area by persons other than County marina

berth licensees incompatible with the primary use of the County marina by licensees. The presence of vessels that do not have a marina berthing license within the County marina reduces the County of Lake's ability to provide a safe channel to navigate in and out of the County marina, because it increases the likelihood of collisions, and reduces the County of Lake's ability to protect licensee's boats and other property.

d.

The presence of persons fishing from shore or from vessels that are not properly berthed within the County marina is incompatible with the primary use of the County marina by licensees. Fishing by persons who are not licensees within the County marina reduces the County of Lake's ability to provide a safe channel to navigate in and out of the County marina, because it increases the likelihood of collisions, and reduces the County of Lake's ability to protect the licensees' boats and other property.

e.

The presence of personal watercraft owned by persons who are not licensees within the County marina is incompatible with the primary use of the County marina by licensees. The presence of personal watercraft owned by person who are not licensees within the County marina reduces the County of Lake's ability to provide a safe channel to navigate in and out of the County marina, because it increases the likelihood of collisions, and reduces the County of Lake's ability to protect licensees' boats and other property.

f.

The presence of personal watercraft at the boat launch ramps or courtesy docks, other than for launching and delaunching, presents a threat to public safety, in that wakes produced by the personal watercraft endanger the safety of other vessels which are launching and delaunching, and the presence of personal watercraft increases the likelihood of collisions between personal watercraft and other vessels.

g.

The regulations contained in Sections 15-102 through 15-104 of this article are necessary to promote public safety and to protect the property of those vessels with a marina berthing license to berth in the County marina and vessels using the boat launch ramps and courtesy docks.

h.

The ordinance codified in this article is adopted pursuant to the police powers of the County of Lake granted by the California Constitution, Article XI, Section 7, and the statutory authority conferred upon local governments by the Harbors and Navigation Code, Sections 268(a) and 660(a).

(Ord. No. 2985, § 1, 3-12-2013)

110.1 It is unlawful for any person to operate within the County marina a vessel for which a marina berthing license has not been executed, except with prior approval; provided, however, that it shall not be unlawful to enter the County marina for the purpose of navigating directly to and from the fuel dock to purchase fuel or other supplies.

(Ord. No. 2985, § 1, 3-12-2013)

111.1 It is unlawful for any person to fish within the County marina, whether from a vessel, float, or from the shore.

(Ord. No. 2985, § 1, 3-12-2013)

112.1 It is unlawful for any person to operate a personal watercraft within the County marina for recreational purposes; provided, however, that licensees and their invitees may operate personal watercraft within the County marina in order to navigate to that licensee's berth.

112.2 It is unlawful for any person to operate a personal watercraft in boat launch ramps or courtesy docks, except to launch or delaunch the personal watercraft.

(Ord. No. 2985, § 1, 3-12-2013)

113.1 Any person who violates any penal provisions of this article is guilty of a misdemeanor.

(Ord. No. 2985, § 1, 3-12-2013)

114.1 The provisions of this article shall apply to completed applications submitted on or after the effective date of this ordinance.

(Ord. No. 2985, § 1, 3-12-2013)