Chapter 9.28 — BOATING

Editor's note— Ord. No. 305P, § 1, adopted July 8, 2025, repealed the former Ch. 9.28, §§ 9.28.002— 9.28.310, and enacted a new Ch. 9.28 as set out herein. The former Ch. 9.28 pertained to similar subject matter and derived from Ord. 305 §§ 1—10, 1966; Ord. 305-A, § 1, 1967; Ord. 305-B § 1, 1977; Ord. 305-C § 1, 1981; Ord. 305-D §§ 1—13, 1982; Ord. 305-E §§ 1—11, 1984; Ord. 305-G §§ 1, 4, 1985; Ord. 305-H § 1, 1986; Ord. 305-I § 1, 1991; Ord. 305J § 1, 1996; Ord. 305L § 2(part), 1999; Ord. 305M § 1, 2002; Ord. 305N § 2, 2005 and Ord. No. 305O, §§ 1, 2 4-9-13.

This chapter shall apply to all lakes and boating areas within the County of Madera.

(Ord. No. 305P, § 1, 7-8-25)

A.

"Aquaplane" as used in this chapter, is defined as any plank, surfboard, ski, wakeboard or other device used for the recreation, transportation, conveyance, or carrying of a person or persons, and which is towed, pulled, or drawn by a boat by means of a rope, chain, cable, wire, or other flexible connection, or which is intended to utilize the wake of the boat for motive power.

B.

"Authorized officer" as used in this chapter, is defined as the sheriff, acting personally or by and through his/her lawfully appointed deputies; or any other persons appointed by him/her in writing to act for and on his/her behalf to make Pollution Inspections, collect pollution control fees, or to enforce the safety provisions of the California Harbors and Navigation Code, together with the safety and pollution provisions of this chapter in connection with particular use areas on any Boating Area.

C.

"Boat" as used in this chapter, is defined as any vessel, craft, or device, other than an aquaplane, in or upon which a person or persons or property may be transported, conveyed, or carried upon, over, or through the water.

D.

"Boating area" as used in this chapter, means any lake, pond, pool, river, body of water impounded or stored by or behind a dam, dike, or levee, body of water in a reservoir, or any other body of standing water, whether natural or artificial, within Madera County, or any portion thereof. The provision of this chapter is intended to apply to any area of Madera County opened to boating.

E.

"Person" as used in this chapter, is defined as any person, firm, partnership, association, corporation, company, estate, trust, or organization of any kind.

F.

"Pollution" as used in this chapter, is defined as an impairment of the quality of the waters of the state by sewage or any other substance or material of any nature whatsoever, which does not create an actual hazard to public health, but which does adversely and unreasonably affect such waters for domestic or recreational use.

G.

"Pollution control permit" as used in this chapter, means a permit issued by the Madera County Sheriff for a fee regulating the inspection and control of the special use areas upon any boating area, which must be

policed by the sheriff.

H.

"Pollution control fee" as used in this chapter, means a fee for pollution control permits for special use areas, including but not limited to a contribution for pollution control in connection with the special use area.

I.

"Power boat" as used in this chapter, any boat as defined in this section, which is propelled, operated, or moved by means of internal combustion engines; and including boats temporarily or permanently equipped with detachable engines, or designed to be used with an internal combustion engine.

J.

"Special use area" as used in this chapter, means a part of a boating area designated by the Madera County Sheriff for particular and exclusive use for any recreation activity or supporting activity. Such "special use area" shall be clearly designated by posting of maps. Appropriate revisions thereof shall be made by the sheriff as required to control pollution, environmental impact, and ensure the safety of swimmers and other users of the boating area and environs.

K.

"Personal watercraft" as used in this chapter, means a vessel that uses a jet pump or other machinery as its primary source of motive power and is designed to be operated by a person sitting, standing, or kneeling on the vessel, rather than sitting or standing within the vessel's hull. A personal watercraft is a power boat as defined in subsection I above, and its use is subject to all state, local, and federal regulations governing the operation of power boats of similar size.

L.

"Human-powered watercraft" as used in this chapter, is defined as a type of watercraft that is propelled by human effort, typically using tools such as paddles, oars, or pedals, rather than motors or engines. These watercrafts rely on the physical strength and movement of the person or people on board to move through the water.

• Common examples include kayaks, canoes, rowboats, stand-up paddleboards (SUPs), and pedal- powered boats.

M.

"Low speed zone" as used in this chapter on Bass Lake, is defined as the area between the five miles per hour safety buoy line and the shoreline.

N.

"High speed zone" as used in this chapter on Bass Lake, is defined as the area in the central part of the lake, between the five miles per hour safety buoy lines.

O.

"Low speed hours of operation" as used in this chapter, shall be defined as the time from 8:00 p.m. or sunset, whichever comes first until 8:00 a.m. of the following day.

P.

"High speed hours of operation" as used in this chapter, shall be defined as the time from 8:00 a.m. to 8:00 p.m. or sunset, whichever is earliest.

Q.

"Mooring" as used in this chapter, is defined as securing a vessel to a fixed point using permanent or semi- permanent mooring systems such as mooring buoys, permanent anchors or weights.

Equipment Used: Mooring lines, chains, or cables are tied to fixed structures like:

• Mooring buoys (connected to the lakebed with permanent anchors or weights).

• Fixed Location: The vessel is held in a predetermined spot.

R.

"Anchoring" as used in this chapter, is defined as dropping an anchor from the vessel to the lakebed to hold the vessel in place using its own onboard equipment.

Equipment Used: Anchors and anchor chains/ropes are deployed from the vessel to dig into the lakebed for grip.

• Temporary: Anchoring is used for short-term stops.

• Mobility: The vessel's position may shift slightly based on wind, currents, and waves (as allowed by the scope of the anchor line).

S.

"Non-wake personal watercraft" as used in this chapter, is defined as a vessel that otherwise meets the definition of a personal watercraft, but which does not have the ability to create a significant wake, weighs less than one hundred lbs., and is designed to be used by only one person at a time.

T.

"Vessel" as used in this chapter, is defined as every description of Watercraft or other artificial contrivance used, or capable of being used, as a means of transportation on water.

U.

"Watercraft" as used in this chapter, means every description of a vessel or other artificial contrivance used, or capable of being used, as a means of transportation on water including smaller, non-motorized vessels like kayaks or canoes, in addition to motorized vessels.

(Ord. No. 305P, § 1, 7-8-25)

A.

Every owner, lessee, bailee, or other person having the possession or right of use of a power boat shall, prior to launching the power boat, proceed to a designated establishment set forth by the Madera County Sheriff and make application for and obtain a pollution control permit as provided in this chapter. A pollution control permit shall not be issued for a power boat that has not been registered with the California Department of Motor Vehicles, or the equivalent registering agency of the owner's home state.

B.

A pollution control permit shall not be issued to a power boat equipped with a toilet unless such toilet is in compliance with federal marine sanitation device regulations. An authorized officer shall have the authority to inspect each power boat to determine compliance with the regulations.

C.

The pollution control permit shall not be required of vessels owned or operated by federal, state and county governments that are used for emergency operations, law enforcement, lake management, or ecological study, or of vessels owned by Pacific Gas and Electric or any entity which may obtain ownership of Bass Lake from Pacific Gas and Electric. The Madera County Board of Supervisors may waive fees at their discretion when deemed appropriate or necessary.

(Ord. No. 305P, § 1, 7-8-25)

The application for a pollution control permit for special use areas shall be upon a form prescribed and furnished by the Madera County Sheriff and shall set forth therein relevant information regarding the vessel description, and owner or operator contact information, as well as any other information pertaining to the vessel, owner or operator as may be required by the sheriff.

(Ord. No. 305P, § 1, 7-8-25)

Any authorized issuer shall, upon receipt of a completed and accurate application, and, and upon the payment of the application fee hereinafter specified, issue to the owner or operator thereof a pollution control permit.

(Ord. No. 305P, § 1, 7-8-25)

A pollution control permit shall not be issued for the operation and use of any power boat unless the boat is equipped with a device that, in the event the operator is dislodged, will render the boat inoperative.

(Ord. No. 305P, § 1, 7-8-25)

Upon the issuance of the pollution control permit the permit shall be affixed to the hull, on the starboard side in a visible location near the state registration sticker.

(Ord. No. 305P, § 1, 7-8-25)

The Boating Area at Bass Lake is divided into the following special use areas:

A.

Swimming.

B.

Fishing.

C.

Boating.

D.

Personal watercraft.

E.

Other uses on a temporary basis as designated by the sheriff or his or her designee.

(Ord. No. 305P, § 1, 7-8-25)

The operation of personal watercraft upon Bass Lake is restricted to the personal watercraft special use areas, except as follows:

A.

Personal watercraft shall take as direct a route as possible when traveling to a special use area or traveling from one area to another using vessel traffic patterns on the lake as defined in the Madera County Code.

B.

Personal watercraft may not tow any person or towable floatation device which is designed for the transportation of people.

C.

Personal watercraft shall not be operated in an erratic manner outside of the designated personal watercraft zones and shall follow all other navigation and safety rules and regulations that apply to other powered vessels. Prohibited activities shall include, but not be limited to making sudden changes in direction, jumping or crossing wakes in such a way as to potentially lose control or lose contact partially or fully with the water, turning in circles, traveling against or across the flow of traffic, or any activity which is divergent from the normal, legal activity and direction of travel of other power vessels.

D.

Personal watercrafts shall maintain a minimum one hundred feet distance from any person being towed behind a boat in any way.

E.

Non-Wake personal watercrafts, as defined in section 9.28.010 (S), shall be exempt from the general five mile per hour speed limits in the low-speed zone and Low Speed Hours of Operation.

F.

Non-wake personal watercraft shall not operate in any way that causes or could cause a hazard to swimmers or other subjects or vessels, interfere with active fishing activities, or cause any other hazard to health or safety. Non-wake personal watercraft may not operate within twenty-five feet of any swimmer, dock, swim zone, or moored boat. Non-Wake personal watercraft may not operate in the high-speed zone of the lake during high-speed hours of operation between June 1 st and the first Tuesday after Labor Day of each year. During low-speed hours of operation, non-wake personal watercraft must follow all rules that apply to Human-Powered Watercraft except for the five mile per hour speed limit. During low-speed hours of operation, or in low-speed zones, non-wake personal watercraft may not be operated at any speed that is reckless or is disturbing to the public, or in any way that disturbs the public peace.

(Ord. No. 305P, § 1, 7-8-25)

There is a direct relationship between the pollution hazards of a boat and its size and power. The authorized officer shall charge and collect pollution and inspection fees, as those fees are established by resolution by the Madera County Board of Supervisors. These fees shall be allocated to the Madera County Sheriff's Office for the purpose of defraying the cost of overtime, training and equipment which is incurred by the Madera County Sheriff's Office in patrolling Madera County waterways.

(Ord. No. 305P, § 1, 7-8-25)

For the purpose of inspection and permits, every boat will be considered a power boat which is intended to be used, or is used, with an internal combustion engine, although the internal combustion engine may not be attached to the boat at the time of permit issuance. In determining horsepower ratings, original manufacturer's specifications of boat or engine shall take precedence unless obvious engine modifications are apparent. If such modifications are apparent these boats and/or engines will advance to the next higher

bracket of pollution control permit fees. Such modifications shall be determined by the Madera County Sheriff or his/her designee.

(Ord. No. 305P, § 1, 7-8-25)

The pollution control permit shall expire at midnight on the 31 st day of December of the year in which the permit is granted.

(Ord. No. 305P, § 1, 7-8-25)

It is unlawful to operate, cause to be operated, use, or permit or allow the use and operation upon a boating area of a boat for which there is no valid pollution control permit.

(Ord. No. 305P, § 1, 7-8-25)

A.

It is unlawful for any person to use, operate, drive, or propel any vessel on any Boating Area during low- speed hours of Operation as defined in section 9.28.010 (O), or at any time in the low-speed zones defined in section 9.28.010 (M) at a speed greater than five miles per hour. This restriction shall not apply to vessels operated by the Madera County Sheriff's Office or other emergency response agency in the course and scope of duty.

B.

At no time shall any person operate any vessel at a speed that is unsafe or hazardous given the totality of the conditions, considering wind conditions, water surface conditions, lakebed conditions, operator skill and experience, traffic congestion, or any other factor which may cause a speed to become unsafe or hazardous.

(Ord. No. 305P, § 1, 7-8-25)

The Madera County Sheriff or his/her designee, upon determining that a hazardous or emergency condition exists, may direct Bass Lake marinas to prominently display a red flag from their docks. Red warning flags shall be flown during those periods when congested conditions, rough water, limited visibility or any other condition exists which would make operation of a watercraft more than five miles per hour hazardous or otherwise unsafe, or during emergency activities on the lake during which the excessive speed and wake may impede rescue or emergency operation efforts or endanger emergency personnel. This section shall not supersede any other applicable speed limits or boating operation restrictions imposed by California State Law or Madera County Ordinance.

A.

No person shall operate a vessel or any type of watercraft at a speed more than five miles per hour on Bass Lake during those periods when red warning flags are being flown at the direction of the Madera County Sheriff or his/her designee.

(Ord. No. 305P, § 1, 7-8-25)

Every motorized watercraft shall always be equipped with an adequate muffler in constant operation and properly maintained to prevent any excessive or unusual noise.

(Ord. No. 305P, § 1, 7-8-25)

No person shall operate a vessel on any boating area towing a person or persons on water skis, or an aquaplane or similar device, nor shall any person engage in water skiing, wake surfing, aquaplaning, or other similar activity during Low Speed Hours of Operation as defined in section 9.28.010 (M) or at any time in the low speed zone as defined in section 9.28.010.

(Ord. No. 305P, § 1, 7-8-25)

It is unlawful for any person to operate or use any vessel at a speed more than five miles per hour, or for any person to ski or aquaplane within one hundred feet of the boundaries or limits of any fish spawning area marked or designated under the authority of the California Department of Fish and Wildlife or the National Forest Service of the United States.

(Ord. No. 305P, § 1, 7-8-25)

It is unlawful for any person to use, operate, drive, or propel any vessel in other than a clear and conspicuous counterclockwise pattern while in the high-speed zone on Bass Lake, keeping the closest shoreline to the right or starboard side of the vessel. There is no restriction on direction of travel in the low- speed zone, notwithstanding any other section of this code or the California Harbors and Navigation Code. It is unlawful to disregard or fail to follow any traffic control buoys or devices as may be designated by the Madera County Sheriff.

(Ord. No. 305P, § 1, 7-8-25)

No person shall operate a vessel on any boating area towing a person or persons who is water skiing in a manner in which the skier leaves the surface of the water for any amount of time, other than for a jump, and is lifted from the surface of the water by using a device for such purposes; nor shall any person water ski in a manner in which the skier leaves the surface of the water for any amount of time, other than for a jump,

and is lifted from the surface of the water by using a device for such purposes. Such devices include parachutes, kites, hang gliders, and all other means designed to enable the water skier to be lifted from the surface of the water.

(Ord. No. 305P, § 1, 7-8-25)

Swimming outside of the low-speed zone, or in any designated personal watercraft zone on Bass Lake is prohibited except during low-speed hours of operation as defined in section 9.28.010 (O). The swimmer must then be accompanied by a boat, paddle board or similar device which shall always remain within twenty-five feet of the swimmer and utilize an orange warning flag as otherwise prescribed by law.

(Ord. No. 305P, § 1, 7-8-25)

Operation of Human Powered Watercraft, as defined in section 9.28.010 (L) is restricted during high-speed hours of operation as defined in section 9.28.010 (P) between June 1 st and the Tuesday immediately following Labor Day to the low-speed zone as defined in section 9.28.010 (M). Between the Tuesday immediately following Labor Day and the following June 1 st , human powered watercrafts may utilize the high-speed zone, following all other applicable laws.

Human powered watercrafts may utilize the low-speed zone as defined in section 9.28.010 (M) except for designated special use areas.

Human Powered Watercrafts must follow all applicable laws regarding lighting and safety equipment during hours of darkness or limited visibility, as defined in the California Harbors and Navigation Code.

Human Powered Watercrafts may travel within fifteen feet of the five-mile per hour buoy line for the purpose of passing by a marked special use area or other restricted zone.

(Ord. No. 305P, § 1, 7-8-25)

It is unlawful for any person to fire, except in a designated firing range, a pistol, revolver, rifle, shotgun, or any other type of firearm within a half mile of any lake or Boating Area, except when otherwise authorized or in the pursuit of game and while following all applicable California Department of Fish and Wildlife regulations.

(Ord. No. 305P, § 1, 7-8-25)

It is unlawful for any person to operate or use a boat or aquaplane at a speed greater than five miles per hour in any area or within 100' of any area designated as a fishing area by the California Department of Fish and Wildlife or its authorized representatives, the National Forest Service of the United States, the Army Corps of Engineers, or Madera County.

(Ord. No. 305P, § 1, 7-8-25)

It is unlawful for any person to operate or use a boat or aquaplane at a speed greater than five miles per hour or at no wake, between the shoreline and five miles per hour navigational markers, five miles per hour navigational buoys, and designated aids to navigation. This area includes, but is not limited to, commercial marina areas, Falls Beach, Recreation Point, Pine Slope, Lakeside Pine Point, Wishon Boat Launch, Marina View, and Willow Cove.

(Ord. No. 305P, § 1, 7-8-25)

A.

It is unlawful for any person to operate, use, propel, park, or beach a vessel in any special use area which has been restricted to swimming use.

B.

It is unlawful for any person to operate, use, propel, park, or beach a vessel other than a personal watercraft in any special use area which has been restricted to personal watercraft use.

(Ord. No. 305P, § 1, 7-8-25)

A.

It is unlawful to establish any floating or subsurface hazard on Bass Lake. No unattended floating objects may be placed in the high-speed zone unless otherwise authorized by the Madera County Sheriff or their designee.

B.

All traffic direction, hazard, and safety buoys placed on the surface of the lake shall be at the discretion of the Madera County Sheriff or his or her designee. Any unauthorized traffic, hazard, safety, or other buoys located anywhere on the surface of the lake, not to include mooring buoys as designated in section 9.28.251 shall be considered a hazard and shall be subject to immediate removal and disposal.

C.

Intentionally or negligently damaging, removing, repositioning or otherwise tampering with an authorized traffic control or safety buoy is unlawful, and may cause a hazard to health and safety. Madera County may impose civil penalties in such cases to gain reimbursement for any actual costs associated with reinstating such devices, in addition to a civil penalty of up to one thousand dollars per violation.

(Ord. No. 305P, § 1, 7-8-25)

A.

Mooring and Anchoring as defined in sections 9.28.010 (Q) and (R) shall be permitted on the low-speed zone of Bass Lake only in accordance with this section.

B.

No vessel shall be moored, nor shall any vessel drop anchor in the high-speed zone of Bass Lake at any time except in the case of a valid emergency. No vessel shall be moored/anchored in such a way that it might drift into the high-speed zone, or into any private dock or privately leased area, or any other moored/anchored vessel, or in any way that it restricts normal travel or causes any other hazard. No vessel may be moored/anchored within one hundred feet of any dock, structure, restricted zone, hydroelectric infrastructure, authorized boat ramp or anywhere else that unduly restricts normal traffic patterns or reasonable accessibility to public, leased, or private land.

C.

Moorings must be constructed and maintained in a safe manner, which will secure the unattended vessel without causing a hazard. The mooring must be temporary in nature and must not cause any permanent alteration to the lakebed. The mooring must have a mooring buoy that is visible and conspicuous. The mooring must not cause environmental damage. Moorings shall be removed from the lakebed in their entirety and inspected no less than every fourteen consecutive days.

D.

Unattended moorings that are determined to be a safety hazard, shall be subject to immediate removal and disposal.

E.

The Madera County Sheriff's Office shall have the authority to enforce this chapter and take necessary action to ensure compliance.

If a vessel is found in violation of the fourteen-day mooring/anchoring limit:

A written notice of violation shall be issued to the vessel owner, operator, or responsible party, if identifiable. If the vessel owner is not identifiable, the notice will be placed on the vessel in a visible location.

The notice shall provide a forty-eight hour period for the vessel to be removed or relocated.

If the vessel is not removed or relocated within the specified timeframe, the Sheriff's Office shall have the authority to:

a.

Impound and remove the vessel from the waterway; and

b.

Recover the costs of removal, storage, and associated fees from the vessel owner.

If a vessel is deemed a hazard to navigation, public safety, or the environment, the Sheriff's Office may immediately remove the vessel without prior notice.

F.

The Madera County Sheriff may restrict mooring/anchoring at his or her discretion if a condition exists where additional moored/anchored vessels may cause a hazard or cause a moored/anchored vessel to otherwise violate this code, including in such circumstances as the number of moored/anchored vessels begins to restrict travel or access to public, private or leased land or water.

G.

It is unlawful for any vessel to be tied or secured to vegetation, whether living or dead, or to any object on the shore or lakebed.

For the purposes of this section, this restriction does not prohibit the proper use of anchors when used as designed.

H.

Penalties. No vessel shall be moored/anchored on the surface of Bass Lake for longer than fourteen consecutive days. No mooring buoy shall remain in place for longer than fourteen consecutive days. A violation of this section shall result in a daily civil penalty of twenty dollars per day up to the first ten days, and fifty dollars per day for every day thereafter. This shall not apply to moorings established by contract with Pacific Gas and Electric for commercial use which shall exist only on those lands leased from and in contract with Pacific Gas and Electric. Any person found in violation of this chapter shall be subject to a fine and to any costs associated with the removal, storage, or disposal of the vessel. Each day a vessel remains in violation shall constitute a separate offense.

(Ord. No. 305P, § 1, 7-8-25)

It is unlawful for any person to pollute or cause pollution of the waters of any Boating Area in Madera County. If any act of pollution is committed from a boat or through the use of such boat, such act shall constitute immediate forfeiture of the pollution control permit, and the Madera County Sheriff or his/her designee, is authorized and directed to forthwith require the removal of such boat from the Boating Area.

If a violation of this section is intentional or committed with negligence or disregard of reasonable care, Madera County may apply a civil penalty of up to one thousand dollars for a first violation, and up to five thousand for any subsequent violation, in addition to reimbursement of any actual county expenditures from mitigation and cleanup efforts.

(Ord. No. 305P, § 1, 7-8-25)

Notwithstanding any other provision of this chapter, the use of an internal combustion engine to propel any boat is prohibited on Lake Madera, excluding a police or maintenance boat operated by a public agency.

(Ord. No. 305P, § 1, 7-8-25)

It is unlawful for any person to land on, take off from, or operate on the surface of Bass Lake or Lake Madera in a seaplane or other airplane designed or equipped to land or take off from water.

(Ord. No. 305P, § 1, 7-8-25)

The Madera County Board of Supervisors may, upon application filed prior to or at the time of a regular meeting, and in no event less than thirty days prior to the holding of the events hereinafter described, create special use areas for yacht clubs, boating organizations, or civic clubs to conduct power boat or PWC races or competitions at a fixed time and place upon such conditions as, within the discretion of the board, shall be required, and over such courses and areas as the Madera County Sheriff may designate. All entrants, contestants, or exhibitors in such events shall, prior to participation therein, or prior to practicing for such events, obtain an entrant's permit from the sheriff to participate in such events in addition to the pollution control permit to use and operate a boat as set forth above.

(Ord. No. 305P, § 1, 7-8-25)

The Madera County Board of Supervisors may waive any ordinance in this chapter (9.28.010 through 9.28.300) upon filing an application for a Special Use Permit for a single day or specific event. The entity seeking a waiver shall file an application with the Madera County Board of Supervisors thirty days in advance prior to the first day of their event. Once approved, the Special Use Permit shall be granted for up to four years.

(Ord. No. 305P, § 1, 7-8-25)