Nevada County Municipal Code Ch. 1 In General

This Chapter shall be applicable to and govern all public waters including lakes and rivers or portions thereof situated within the boundaries of the County of Nevada over which the County has police power jurisdiction, either exclusively or concurrently with the United States or the State of California, or both, insofar as the provisions of this Chapter do not conflict with applicable statutes or regulations of the United States or the State of California.

(Ord. 2530. (10/24/2023))

The following words and phrases when used in any provision of this Chapter shall be construed to have the following meaning:

A. Boat. The term "boat" shall mean any vessel as defined in Cal. Harb. & Nav. Code § 651(d).

B. Motorboat. The term "motorboat" shall mean any vessel as defined in Cal. Harb. & Nav. Code § 651(n).

C. Aquaplane. The term "aquaplane" shall mean any device including, but not limited to, skis, wakeboards, and other flotation devices used for the transportation of one (1) or more persons upon the surface of the water, and which is pulled or towed by any boat, vehicle or other motive power by means of a rope, chain, cable, wire or other connection. "Aquaplane" shall also mean "Planing."

D. Sunset and Sunrise shall also mean "Official Sunset" and "Official Sunrise" as determined by the National Oceanic and Atmospheric Association (NOAA).

E. Wake and Flat Wake shall mean "Idle Speed," or a speed no more than five (5) MPH where there is no white water.

(Ord. 2530. (10/24/2023))

It shall be unlawful to throw, place, deposit or dump, or cause to be thrown, placed, deposited or dumped, any garbage, swill, cans, bottles, papers, ashes, refuse, carcass of any dead animal, offal, trash, rubbish, wire, tacks or any noisome, nauseous or offensive matter or to throw, place, deposit or dump any other substance likely to injure any person, animal or boat upon any of the public beaches or waterways within the County.

(Ord. 2530. (10/24/2023))

It shall be unlawful for any person to shoot any firearms or gun operated by compressed gases or a spring from any boat or across or over any portion of the waters of any lake or reservoir; provided, however, that nothing in this Section shall prohibit the shooting of a shotgun from a boat or across a lake or reservoir waters during the lawful waterfowl hunting season for the purpose of killing waterfowl.

(Ord. 2530. (10/24/2023))

It shall be unlawful for any person to swim in any area designated as a no swimming area, or to swim in a location or in such a manner as to create a hazardous or dangerous condition to the swimmer or any other person or object. The provisions of this Section shall not apply to an organized swim event.

(Ord. 2530. (10/24/2023))

The Board of Supervisors by resolution as to waters under its jurisdiction and the authorized representative of any other public agency as to water under its jurisdiction may designate and cause to be appropriately marked boat launching areas, areas designed exclusively for swimming, areas where swimming is prohibited, areas where boats are prohibited, areas of restricted speed or "slow-areas" and other boating and personnel control signs and devices and change same from time to time as the public safety and welfare may require, and when so marked, it shall be unlawful for any person to fail to comply with such designations.

(Ord. 2530. (10/24/2023))

Any person violating the provisions of this Chapter is guilty of a misdemeanor and upon conviction thereof shall be punished by a fine or by imprisonment in the County Jail, or by both such fine and imprisonment. However, at the time a particular action is commenced, the judge may, considering the recommendation of the prosecuting attorney, reduce the charged offense from a misdemeanor to an infraction. Any person convicted of the offense after such a reduction shall be punished by a fine of not less than ten dollars ($10.00) nor more than one thousand dollars ($1,000.00).