Mammoth Lakes Municipal Code Ch. 12.36 Fishing from Streets, Trails or Bridges

The purpose of this chapter is to prohibit fishing from public streets or bridges within the Town to protect the safety of anglers, pedestrians, cyclists, motorists and any other person using public streets.

(Code 1990, § 12.30.010; Ord. No. 92-12, § 1, 1992)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Bridge means a structure within a public right-of-way which spans a creek, stream, culvert or any other depression requiring the construction of a street or trail above the existing grade. The term "bridge" does not include private bridges.

Fishing means an activity involving the taking of fish or attempting to take fish from streams, creeks, lakes, ponds or wetlands. For this chapter, a person may be considered fishing, whether or not that person is holding or closely attending fishing equipment.

Street means and includes all or any part of the entire width of right-of-way of a public street, road or alley, within the Town limits, including streets on land administered by United States Forest Service, whether or not such entire area is actually used for street purposes. The term "street" does not apply to private streets.

Trail means any multi-use or special-purpose trail constructed or existing in substantial compliance with the Town trail system as adopted or amended by the Town Council. The term "trail" does not apply to private trails or trails not identified in the Town trail system.

(Code 1990, § 12.30.020; Ord. No. 92-12, § 1, 1992)

It is prohibited and in violation of this chapter to fish from any public street, bridge or trail.

(Code 1990, § 12.30.030; Ord. No. 92-12, § 1, 1992)

The provisions of this chapter shall be enforced by any law enforcement officer, Town officer, or Town employee, as authorized in Section 1.16.020.

(Code 1990, § 12.30.040; Ord. No. 92-12, § 1, 1992)

(a) Any person who violates any of the provisions of this chapter shall be guilty of an infraction. Each such person shall be guilty of a separate offense for each day during any portion of which any violation of any provisions of this chapter is committed, continued or permitted by such person, and may be punished accordingly.

(b) Any provision or requirement of this chapter, the violation of which or the failure to comply with which, is designated as an infraction, shall be prosecutable as a misdemeanor upon the third violation and each violation thereafter of the same provision by the same individual. In addition, any such violation or failure to comply may be prosecuted originally as a misdemeanor in the discretion of the Town Attorney or any deputy district attorney, upon a showing by the enforcing agency of the seriousness of the particular alleged violation.

(Code 1990, § 12.30.050; Ord. No. 92-12, § 1, 1992)