Placer County Municipal Code § 12.28 Lakes and Rivers Generally

The following words when used in any provision of this article shall be construed to have the meanings respectively ascribed to them in this section:

"Aquaplane"

means any device, including skis, used for the transportation of one 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.

"Boat"

means any vessel or device, except an aquaplane or water ski, in or upon which person or property may be transported upon, under or over the surface of water, including, but not confined to, any boat, raft, barge, canoe, skiff, dinghy, rowboat, sailboat, sailing vessel, float, pontoon, commercial boat, launch and ship.

"Motorboat"

means any boat propelled whole or in part by a motor, engine or mechanical device of any kind except oars or sails, including boats temporarily equipped with detachable outboard motors.

(Prior code § 10.1)

This article shall be applicable to and govern all water ways or portions thereof situated within the boundaries of the county over which the county has police power jurisdiction, either exclusively or with the United States or the state or both insofar as the provisions of this chapter do not conflict with applicable statutes of the United States or the state.

(Prior code § 10.2)

A. 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 of "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.

B. The following described areas shall be designated exclusively for swimming from May 1st until September 30th of each year, and shall be so marked.

1. That portion of the Kings Beach State Recreation Area beginning at a line 50 feet west of the existing pier, then west 790 feet to the eastern end of the North Tahoe Community Center, to include all sandy beach and surface water to a line 200 feet from the high water line as marked by regulatory marking buoys during the months of May through September of each year.

2. That portion of the North Tahoe Beach Center, 7860 North Lake Blvd., Kings Beach, California, at a line beginning at the east end of the property then west 265 feet to approximately middle of the property, to include all sandy beach and surface water to a line 200 feet from the high water line as marked by regulatory marking buoys during the months of May through September of each year.

(Prior code § 10.3)

A. No building permit shall be issued for the construction of any public marina facility unless the construction project includes provision for adequate shoreside toilet and waste facilities meeting standards established by the county health officer.

B. No sewage, treated or otherwise shall be discharged into the waters of the county unless such discharge meets standards established by the county health officer.

C. Each domestic water supply shall be safe and sanitary and shall meet standards established by the county health officer.

D. The county health officer shall have authority to promulgate rules and regulations to implement the provisions of this section.

E. The provisions of this section shall be deemed to comply with and implement Sections 5118 and 5119 of Title 14 of the California Administrative Code.

(Prior code § 10.4)

It is 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.

(Prior code § 10.5)

It is unlawful for any person to swim in any area designated as a "no swimming area," or more than two hundred feet from the shore, or outside the boundaries of a marked 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.

(Prior code § 10.6)

A. Whenever a person is arrested for violation of this article and such person is not immediately taken before a magistrate as is more fully set forth in the Penal Code of the state, the arresting officer shall prepare, in duplicate, a written notice to appear in court, containing the name and address of such person, the offense charged, and the time and place where and when such person shall appear in court.

B. The time specified in the notice to appear must be at least 10 days after such arrest.

C. The place specified in the notice to appear shall be either:

1. Before a judge of a justice court in the county and who has jurisdiction of the offense and who is nearest and most accessible with reference to the place where the arrest is made.

2. Upon demand of the person arrested, before a judge of a justice court in the judicial district in which the offense is alleged to have been committed.

3. Before an officer authorized by the county to receive a deposit for bail. The clerks and deputy clerks of the judicial district are persons authorized to receive bail in accordance with a schedule of bail approved by the judges of such courts.

D. The officer shall deliver one copy of a notice to appear to the arrested person, and the arrested person in order to secure a release must give his written promise so to appear in court by signing the duplicate notice, which shall be retained by the officer. Thereupon the arresting officer shall forthwith release the person arrested from custody.

E. The officer shall, as soon as practicable, file the duplicate notice with the magistrate specified therein. Thereupon the magistrate shall fix the amount of bail which, in his or her judgment, in accordance with the provisions of Section 1275 of the Penal Code of the state, will be reasonable and sufficient for the appearance of the defendant and shall endorse upon the bottom a statement signed by him or her in the form set forth in Section 815a of the Penal Code. The defendant may, prior to the date upon which he or she promised to appear in court, deposit with the magistrate the amount of bail thus set. Thereafter, at the time when the case is called for arraignment before the magistrate, if the defendant shall not appear, either in person or by counsel, the magistrate may declare the bail forfeited and may, in his or her discretion, order that no further proceedings shall be had in such case.

Upon making of such order that no further proceedings be had, all sums deposited as bail shall forthwith be paid into the county treasury.

F. No warrant shall issue on such charge for the arrest of a person who has given such written promise to appear in court unless and until such person shall have violated such promise or has failed to deposit bail to appear for arraignment, trial or judgment or to comply with the terms and provisions of the judgment as required by law.

G. Any person wilfully violating his or her written promise to appear in court is guilty of a misdemeanor, regardless of the disposition of the charge upon which he or she was originally arrested.

H. When a person signs a written promise to appear at the time and place specified in a written promise to appear and has not posted bail as provided hereinabove, the magistrate shall issue and have delivered for execution a warrant for his or her arrest within 20 days after his or her failure to appear as promised, or if such person promises to appear before an officer authorized to accept bail, other than a magistrate, and fails to do so on or before the date which he promises to appear, then within 20 days after the delivery of such written promise to appear by the officer to a magistrate having jurisdiction over the offense.

I. When such person violates his or her promise to appear before an officer authorized to receive bail, other than a magistrate, the officer shall immediately deliver to the magistrate having jurisdiction over the offense charged the written promise to appear and the complaint, if any, filed by the arresting officer.

(Prior code § 10.7; Ord. 5006-B, 1999)

It is unlawful for any person after unloading his boat to leave any boat trailer within 50 feet of the waterline unattended or, when parking areas for trailers have been provided and marked, to leave any boat trailer in any place other than a designated trailer parking area.

(Prior code § 10.8)

A. The sheriff's department shall act as a commission advisory to the board of supervisors on all matters pertaining to time of day restrictions, speed zones and special use areas as set forth in Sections 659 and 660(a) of the Harbors and Navigation Code.

B. The county health department shall act as a commission advisory to the board of supervisors on all matters pertaining to sanitation and pollution control as set forth in Section 660(a) of the Harbors and Navigation Code.

(Prior code § 10.9)

A. Any person or any political subdivision of the county, port authority, or district exercising jurisdiction may, by making application to the board of supervisors, request rules or regulations as provided for in Section 660(a) of the Harbors and Navigation Code.

B. Any request for rules and regulations pursuant to Section 659 of the Harbors and Navigation Code shall include the following:

1. The exact location of the marker expressed in latitude and longitude, or in distance and direction from one or more fixed objects whose precise location is known.

2. The description and purpose of the markers, including its proposed identifying number, if any.

3. On sanitary and pollution controls, the exact need or evidence for the controls requested.

C. Such applications shall be referred by the board of supervisors to the designated commission, which shall make its recommendations.

(Prior code § 10.10; Ord. 5006-B, 1999)

The board of supervisors may implement or amend the provisions of this article in accordance with provisions of Sections 659, 660(a) and 662 of the Harbors and Navigation Code.

(Prior code § 10.11)

A. No person shall disrobe upon, or in the vicinity of, any beach, stream, lake or reservoir in the unincorporated territory of Placer County other than in an area not exposed to public view.

B. Clothing sufficient to prevent the exposure of private parts of the person, including the genitals and buttocks of males and females and the breasts of mature females, shall be worn at all times in public places and in any place where there are present other persons to be offended or annoyed by the exposure thereof.

(Prior code § 10.12)

Vessels and all waterborne or airborne motorized vehicles and contrivances operated on those waters of Rollins Lake situated in the county of Placer shall be subject to the following restrictions:

A. Maximum Speeds. The maximum speed of any vessel on the waters of Rollins Lake, not otherwise indicated, is 50 miles per hour during those hours from sunrise to sunset, and 10 miles per hour during those hours from sunset to sunrise.

B. Speed Zones. The maximum speed of any vessel in the speed zone areas set forth below is five miles per hour.

1. Launch and Mooring Areas.

a. South Lagoon.

b. Long Ravine.

2. Fishing Areas. Head of Bear River.

C. Area Restrictions.

1. Swim Areas. Vessels, except nonpowered lifeguard boats, are prohibited within the following swim areas:

a. Long Ravine.

b. South Lagoon.

2. Ski School Areas. No vessels, except those engaged in ski school activity, shall operate within a designated ski school area.

D. Take-off and Landing Restrictions. Use of the waters of Rollins Lake for the purpose of taking-off or landing any waterborne or airborne motorized vehicle, vessel or contrivance capable of or intended for flight is prohibited.

E. Chartlet.

1. The chartlet attached to the ordinance codified in this section, indicating speed zones and restricted areas, shall constitute an integral part of this section, and shall be known as the "Rollins Lake Use Restriction Chart."

2. Restrictions shown on portions of Rollins Lake situated in Nevada County are shown for information purposes only.

3. Said chartlet shall be posted at all boat entries to Rollins Lake in Placer County, and copies shall be made available to the general public at marinas, and at the office of the sheriff in Auburn.

F. Exceptions. These restrictions do not apply to marked enforcement vessels operated by the counties of Placer or Nevada, to vessels operated by the United States Government, or to vessels participating in a race sanctioned by the board of supervisors of the county of Placer.

G. Implementation.

1. These restrictions shall be in full force and effect when marked pursuant to the California Waterway Marking System, Article 6 of Division 4 of Title 14, of the California Administrative Code.

2. The sheriff shall supervise the placement of markers.

H. Non-Marked Areas. The provisions of this section do not preclude the operation of Section 267 of the Harbors and Navigation Code in those areas of Rollins Lake not marked pursuant to this section.

I. Amendments. Amendments to this section shall not be effective until marked and distributed in chartlet form under the provisions of subsections E and G.

(Prior code § 10.13)

A. All of Sugar Pine Reservoir in the county of Placer is designated as a no wake zone and it shall be unlawful for any person to operate any vessel, or any type of water craft on said lake in a manner to create a wake. For purposes of this section a "wake" means any visible trail of turbulence that produces white water at the bow or stern left in the water by a vessel or any type of water craft.

B. Appropriate signs informing the public of the no wake zone established in subsection A of this section shall be erected and maintained to all entrances to Sugar Pine Reservoir and any other appropriate locations.

C. Any person violating the provisions of this section shall be punished pursuant to the provisions of Article 1.24, Placer County Code.

(Prior code § 10.14; Ord. 5985-B § 1, 2019)

A. It is unlawful for any person to swim in the Truckee River from the dam and outlet of Lake Tahoe into said Truckee River to a location 200 feet downstream from said dam.

B. The department of public works shall post appropriate signs designating this area as a "no swimming" area.

C. Violation of this section shall be punishable pursuant to Article 1.24 of this code.

(Prior code § 10.15)

A. It is unlawful for any person to use any boat, canoe, raft, tube, or other floating or flotation device upon the Truckee River at any time when the water flow exceeds 1205 cubic feet per second.

B. It is unlawful for any commercial rafting company to rent rafts for use on the Truckee River at any time when the water flow is between 900 and 1205 cubic feet per second unless there is a safety net at River Ranch to intercept such rafts prior to entry into the "S" curve at River Ranch.

(Prior code § 10.20)