Mono County Municipal Code Ch. 13.45 Water Vessel Inspection Program

A. Aquatic non-native invasive freshwater mussel species pose a significant and imminent threat to the water bodies within the County of Mono. Non-native invasive mussel species have already created serious and irreparable harm to bodies of water located in other locations in the United States and California. Once introduced into a water body, these mussels proliferate at an alarming rate, drastically altering the ecosystem of that water body, harming and/or consuming native species and food resources within the ecosystems they infest. Non-native invasive mussels additionally pose a significant and imminent threat to the water distribution systems of Mono County which draw water from water bodies within the county. These mussels attach to inside water treatment intake structures, pipes, and facilities to such a significant degree that the ability to distribute water through existing, and in some cases, antiquated infrastructure, will be severely compromised.

B. Presently, it does not appear that any water body in Mono County has been infested with non-native invasive mussels. However, water vessels entering Mono County from other areas of the state and country may have recently been launched in infested counties or waters, making those vessels at high risk to carry mussels (adults and larvae) into Mono County waters.

C. An education, access management, inspection and decontamination program is integral to the preservation of the water bodies and water distribution systems within the County of Mono, and to the drainages from Mono County.

D. This article is enacted under the police power of the county pursuant to Article XI, Section 7 of the California Constitution which authorizes the county to adopt and enforce regulations for the protection of the public health, safety, and welfare that are not in conflict with general laws.

E. While the threat of invasive aquatic freshwater mussels is an international, national and state issue, this local ordinance and pursuant program(s) are required to ensure preventative action at the county level given the current lack of a coordinated statewide program.

(Ord. No. 26-002, § 1(Exh. A), 3-10-2026)

For purposes of this article, the following words and phrases shall have the following meanings:

A. "Affidavit of compliance" means a declaration to be executed by all water vessel owners and operators who wish to launch said vessels in a water body in the County of Mono which attests to the responsibility of that owner/operator to ensure that his/her water vessel is properly inspected and, if necessary, decontaminated prior to launching.

B. "Authorized inspector" means an individual authorized by the Mono County to conduct the screening process necessary to determine whether a water vessel is at high risk to carry any non-native invasive mussels such as Quagga, Zebra, Golden mussels and any other aquatic, non-native invasive species.

C. "Launch" means the introduction or placing of any trailered water vessel into a water body within the County of Mono.

D. "Live bait" means any fish, or other organisms used in conjunction with fishing the waters of Mono County.

E. "Mussel sticker" means the stickers issued by an authorized inspector evidencing the fact that the vessel to which the stickers are affixed has been inspected for, and decontaminated from if required, the presence of any non-native invasive mussels such as Quagga, Zebra or Golden mussels and any other aquatic, non-native invasive species.

F. "Non-native invasive species" means species identified by the State of California that establish and reproduce rapidly, and which may threaten native species through competition, predation, parasitism, introduction of pathogens, or physically or chemically alter the habitat. Such species include, but are not limited to, Quagga, Zebra, and Golden mussels, Channeled Apple Snail, New Zealand Mud Snails and non-native aquatic plants.

G. "Non-resident water vessel" means a vessel that does not meet the definition of a resident water vessel.

H. "Resident water vessel" means:

1. A vessel whose owner can demonstrate that it is moored or stored at a private or commercial facility located in Mono County.

2. Any other means deemed acceptable by the county as to proof of residency in Mono County providing that the vessel is on the Mono County Assessor's current unsecured tax roll for boats.

3. Either of the above, as applied to Inyo County instead of Mono, provided that the Mono County Administrative Officer makes a finding that Inyo County has established and maintains an inspection and decontamination program consistent with that established herein.

I. "Inspection and decontamination program" means the mandated program created by this article to ensure that all water vessels traveling through and/or launching into water bodies in Mono County are free from contamination from adult and larval non-native invasive mussels and other aquatic, non-native invasive species.

J. "Water vessel" means any trailered watercraft, or jet ski, or float plane capable of being launched into a water body within the County of Mono except as specifically exempted herein. Canoes, kayaks, car-top boats, float tubes, rafts, wind surfers/boards, boogey boards, nonmotorized paddle boats, and nonmotorized sail boats that are eight feet or less in length are not considered water vessels for purposes of this article and are thereby exempt from the provisions herein.

K. "Water vessel inspection" means the process used to determine if a water vessel and its trailer have a substantial risk of being infested with non-native invasive mussels and needs to be decontaminated.

L. "Attempted launch" means an effort to launch a water vessel into a water body within the County of Mono as defined herein which, on a launch ramp and/or within fifty feet of a water body within the County of Mono, evidences an endeavor to accomplish the launching of a water vessel, carried beyond mere preparation, but falling short of the ultimate execution of launching.

(Ord. No. 26-002, § 1(Exh. A), 3-10-2026)

This article shall be applicable to any trailered water vessel within the County of Mono.

(Ord. No. 26-002, § 1(Exh. A), 3-10-2026)

Because the weight of scientific evidence presently available strongly indicates, the greatest risk of contamination to our water bodies is by water vessels entering Mono County from other jurisdictions, the following program shall be applicable to all resident water vessels:

A. Owners and operators of resident water vessels, having submitted to and successfully passed an inspection, as applicable, in either Mono or Inyo County, shall receive resident mussel stickers designating the vessel as a resident water vessel and absent an event necessitating reinspection, these mussel stickers shall be valid until at the end of each calendar year. If an resident water vessel is moved outside of Mono or Inyo County and utilized in any fresh water body, the vessel must submit to reinspection and be issued a new resident mussel sticker before launching in any freshwater body of Mono County.

B. Every resident water vessel and its trailer must be affixed with a current resident mussel stickers prior to launching that vessel in any water body in the County of Mono.

C. Resident mussel stickers shall be issued according to a color code that will change annually on January 1 of each year.

D. After expiration of the annual resident mussel stickers, which occurs every December 31, and prior to launching a boat within Mono County, the resident vessel must undergo the necessary inspection to obtain a current and valid mussel sticker.

E. This section shall apply to water vessels in Inyo County that meet the definition in Section 13.45.010 H.3.

(Ord. No. 26-002, § 1(Exh. A), 3-10-2026)

A. All non-resident water vessels and their trailers must be affixed with color-coded, monthly, non-resident mussel stickers after inspection and prior to launch in any water body in the County of Mono. Stickers are not transferable between vessels.

B. Non-resident mussel stickers shall be issued according to a color-code that will change monthly.

C. After the expiration of a non-resident mussel sticker, and upon entering into Mono County, or prior to launching a non-resident water vessel into a Mono County water if the non-resident water vessel has not left Mono and Inyo County since obtaining its last valid non-resident mussel sticker, the non-resident water vessel must undergo the necessary inspection to obtain a valid mussel sticker for the next calendar month.

(Ord. No. 26-002, § 1(Exh. A), 3-10-2026)

A. Inspection Requirements. Inspection shall be required of:

1. All resident water vessels prior to their first launch in every calendar year; or

2. All non-resident water vessels upon entering into Mono County in any calendar month, unless the non-resident vessel can demonstrate that an inspection was already submitted to in Inyo County; or

3. All water vessels, resident or non-resident, that have been launched in a body of water outside of the county of Inyo subsequent to receiving a valid and otherwise current resident or non-resident mussel sticker.

B. Inspection Process.

1. The inspection process shall be conducted by an authorized inspector and shall consist of:

a. A series of questions concerning the past location of the water vessel prior to launching in a water body in the County of Mono, designed to determine whether said past location constitutes an appreciable risk that said water vessel may be infested with non-native invasive mussels. Said questions shall be answered on the County of Mono Screening Application Invasive Species Inspection Program form; and

b. A thorough search of the exterior and interior of the water vessel, including but not limited to bilge pumps, motors, and live wells, bait wells, ballast tanks, bladders, and all areas of standing water.

2. Water vessels which, as a result of the inspection process, are found to be clean, drained and dry, and do not pose an appreciable risk to the water bodies of Mono County shall be affixed with mussel stickers in a location as designated in the instructions accompanying the mussel stickers, which affixation signifies that the vessel may be launched into a water body in the county.

3. Water vessels which, as a result of the inspection process, are not clean, drained and dry, or do appear to pose an appreciable mussel infestation risk to the water bodies of Mono County shall be required to undergo a decontamination performed by an authorized inspector.

4. A water vessel owner or operator may refuse to consent to said inspection. If the water vessel owner or operator refuses to consent to inspection, that water vessel shall not be allowed to travel through the county of Inyo and shall be in violation of this article if he/she should nonetheless attempt to do so.

C. Decontamination. Decontamination stations shall be operated by the county or an authorized inspector. Said stations shall be open to all owner/operators of water vessels. Decontamination shall be required of all vessels that have been determined to constitute a significant risk of being infested with non-native invasive mussels. Such determination shall be made if the vessel is not clean, drained and dry, OR was last in the water outside of the county less than thirty days prior.

D. If, in any instance pursuant to an inspection or otherwise, a water vessel is found to be infested with any type of adult non-native invasive mussels, the vessel shall be quarantined. If the vessel is found to be infested with non-native invasive mussels, the vessel owner may not launch his/her vessel until such time as that vessel has been decontaminated as required by this chapter and state law, and re-inspected by an authorized inspector. The vessel owner shall be directed to a decontamination station where the vessel will undergo a decontamination process. Once the vessel has been decontaminated, reinspected and found to be at no risk of contaminating Mono County waters, the vessel can be affixed with mussel stickers as described hereinabove.

(Ord. No. 26-002, § 1(Exh. A), 3-10-2026)

A. Designated locations are available within the county. The current list of authorized screeners is available from the Mono County Department of Public Works Sustainable Outdoors and Recreation Division.

B. Inspections are required for all water vessels and may be carried out by county personnel at any time for a water vessel being transported or parked on a public roadway, parking lot open to the public, or on the water.

C. Nothing in this article precludes inspections at other locations within the county which may be offered by private persons and/or organizations if such inspections are performed by authorized inspectors.

(Ord. No. 26-002, § 1(Exh. A), 3-10-2026)

The following fees are hereby established for county-operated screening and inspection services:

A. Any fee for the inspection and/or decontamination performed by the County of Mono shall be as set forth in the current fee schedule as established from time to time by resolution of the board of supervisors.

B. Fees collected for screening and/or inspection, that are not otherwise encumbered, shall be used to fund the program as set forth in this chapter.

C. Private authorized inspectors may establish their own reasonable fee.

(Ord. No. 26-002, § 1(Exh. A), 3-10-2026)

It shall be unlawful to dispose of any live bait and/or any liquid containing live bait or any liquid which previously contained live bait in a water body in Inyo County.

(Ord. No. 26-002, § 1(Exh. A), 3-10-2026)

Criminal Penalties.

A. Any person violating any provision of this article shall be guilty of an infraction or misdemeanor as hereinafter specified. Such individual shall be deemed guilty of a separate offense for each launch in a water body in the County of Mono. The Mono County Sheriff is authorized to enforce this article and that power may be exercised by any deputy of the sheriff and/or by any person so authorized by law. In addition to the above, the California Department of Fish and Wildlife, as well as the United States Forest Service, are also authorized to enforce the provisions of this chapter to the extent that they may otherwise lawfully exercise concurrent jurisdiction.

B. Any individual convicted of a violation of this chapter shall be:

1. Guilty of an infraction and punished by a fine of one hundred dollars for the first offense;

2. Guilty of an infraction and punished by a fine of two hundred dollars for the second offense;

3. The third and subsequent offenses shall constitute a misdemeanor and shall be punishable by a fine of not less than five hundred dollars but not to exceed one thousand dollars and/or up to six months in the county jail or both.

C. Notwithstanding sub-sections (A) and (B) above, the first or second offense may be charged and prosecuted as misdemeanor.

D. Impound. A water vessel unlawfully launched or which is attempted to be unlawfully launched in a water body in the County of Mono may be subject to impound pursuant to a misdemeanor arrest or issuance of a misdemeanor citation by a peace officer for violation of this article.

1. Any water vessel which is operated, managed, controlled, or otherwise used in violation of the provisions of this code may forthwith be impounded by any authorized officer and held pending determination of the charge of the violation pursuant to which the water vessel was impounded.

2. When a water vessel is impounded from the immediate possession of any person by the county pursuant to this chapter, the authorized officer shall immediately deliver to said person a notice in writing signed by the authorized officer which shall state:

a. The fact of such impound;

b. The name of the owner of the water vessel;

c. The name of the person from whom possession was taken, if any and known;

d. A description of the water vessel sufficient for identification;

e. Any available identification number of the water vessel;

f. The particular location at which the impounded water vessel will be stored; and

g. A statement of the charge of violation pursuant to which the water vessel has been impounded.

3. Upon conviction of any person for any said charge of violation pursuant to which the water vessel is impounded, any person lawfully entitled to the possession of said vessel who demands possession shall pay to the county all storage charges as well as all charges incident to the impoundment of said vessel prior to the release of said vessel to the owner.

4. In the event any person is acquitted of the charge of violation pursuant to which the water vessel is impounded, said vessel shall be released to any person entitled to possession thereof and the costs of storage shall be a county charge.

E. Lien and Sale of Impounded Water Vessels.

1. The county shall have a lien upon any water vessel impounded pursuant to this chapter and the proceeds of any sale thereof for the payment of impound and storage charges incurred pursuant to the provisions of this chapter.

2. Irrespective of the disposition of any criminal charge against a person for a violation of this article pursuant to which a water vessel is impounded and stored, if possession of said water vessel is not obtained by a person lawfully entitled to such possession within thirty days of such disposition, the county is empowered to sell the water vessel at public auction in satisfaction of its lien for impound and storage charges. For California registered vessels, the California Boaters Lien Law shall apply.

F. Payment of any penalty herein shall not relieve any individual from the responsibility of correcting the violations as found by the authorized officer.

G. Any person found not in compliance with the provisions of this article shall be ordered off the water body and shall be subject to any other legal action as deemed necessary by the authorized officer.

H. Forfeiture. Whenever any person is convicted of a misdemeanor violation of this article, the judge may, upon the conviction of the person, order the forfeiture of the water vessel that was used in committing the offense charged.

(Ord. No. 26-002, § 1(Exh. A), 3-10-2026)

The remedies provided in this article are cumulative and shall be in addition to any other remedies provided by law.

(Ord. No. 26-002, § 1(Exh. A), 3-10-2026)

Fines collected as a result of violating this article, that are not otherwise encumbered, shall be used to fund the program as set forth in this chapter.

(Ord. No. 26-002, § 1(Exh. A), 3-10-2026)