Chapter 1 — BOATING

Sections:

4-4000 - APPLICABILITY.

This chapter shall be applicable to and shall govern all public waters including lakes and rivers or portions thereof situated within the boundaries of the County over which the County has police power jurisdiction,

either exclusively or concurrently with the United States or the State, or both, insofar as the provisions of this chapter do not conflict with applicable statutes or regulations of the United States or the State.

(Ord. 682)

4-4001 - DEFINITIONS.

Unless the context otherwise requires, the words and phrases used in this division have the meanings given to them in Chapter 5 of Division 3 (Section 650 et seq.) of the California Harbors and Navigation Code. The following words have the following meanings for the purposes of this division:

(a)

"Boat" shall mean any vessel or device, except an aquaplane or water ski, in or upon which persons or property may be transported upon, under, or over the surface of the water including, but not confined to, any boat, rafter, barge, canoe, skiff, dinghy, rowboat, sailboat, sailing vessel, yacht, motorboat, motor vessel, float, pontoon, commercial boat, launch, ship, jet ski, wave runner and other personal watercraft.

(b)

"Motorboat" shall mean any boat propelled in 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.

(c)

"Aquaplane" shall mean any device, including skiffs, 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.

(d)

"Pull behind recreation" includes, but is not limited to, aquaplanes, water skis and similar devices, including all forms of water skiing, barefoot skiing, skiing on skim boards, knee boards, or other contrivances, parasailing, ski kiting, wake boarding or any activity in which a person is towed behind or alongside a boat.

(e)

"Floating home" or "floating structure," means a structure that has the following characteristics:

(1)

It is a stationary structure in, on, or above the water that is:

(A)

Permanently grounded; or

(B)

Supported by a flotation system and held in place by piling or mooring devices; or

(C)

Placed on or otherwise affixed to a foundation, dock, piling, walkway, gangway, pier, barge, or other permanent structure.

(2)

It is incapable of being used for self-propelled navigation.

(3)

It is designed and built to be used, or is modified to be used, or is used, to serve purposes or provide services typically associated with a structure on or other improvement to real property. The term "floating home" or "floating structure" includes a structure that is used as a residence, place of business or office with public access, hotel or motel, restaurant or lounge, clubhouse, meeting facility, storage or parking facility, mining platform, or similar facility or structure represented as such.

(4)

Incidental or limited movement of a structure upon water or resting partially or entirely on the bottom does not preclude the structure from being classified as a floating home or floating structure for purposes of this ordinance code. Registration of a structure as a vessel with the California Department of Motor Vehicles does not preclude the structure from being classified as a floating home or floating structure for purposes of this ordinance code. A houseboat or liveaboard that is permanently moored or grounded and is incapable of self-propelled navigation is a floating home for purposes of this ordinance code. Floating homes and floating structures are expressly excluded from the definition of the term "vessel" provided in this section.

(f)

"Garbage" has the meaning set forth in Health and Safety Code Section 117475.

(g)

"Houseboat" means a vessel that has either a pontoon or flat-bottomed hull configuration, and has a permanent enclosed superstructure with sleeping and cooking facilities.

(h)

"Liveaboard" means any vessel, supported by means of flotation and capable of being used for-self propelled navigation, that is used or designed to be used or fitted out to be used for human habitation.

(i)

"Moor" means to make fast, tie up, or otherwise secure a vessel other than by anchoring. "Moor" includes to attach to a dock, pilings, walkway, gangway, pier, or other structure or to tie up to any actual object or feature.

(j)

"Sewage" has the meaning set forth in Harbors and Navigation Code Section 775.5(d).

(k)

"Shore" means that part of the land in immediate contact with a waterway, including the area between high tide and low-tide marks or between high water and low- water marks.

(l)

"To anchor," means to secure a vessel within a waterway by dropping an anchor, anchors or other ground tackle to the bottom of the waterway.

(m)

"Vessel" means every description of watercraft used or capable of being used as a means of transportation on the water, except: a seaplane on the water; or, a watercraft specifically designed to operate on a permanently fixed course, the movement of which is restricted to a fixed track or arm to which the watereraft is attached or by which the watercraft is controlled. A "vessel" includes a barge, a dredge, a towboat and its tow, a houseboat and a liveaboard.

(n)

"Waterway" means any water, lake, river, creek, canal, lagoon, bay, inlet, slough, channel, or tributary situated within the county, or any water area situated within the county providing access for vessels from one place to another.

(Ord. 682; Ord. 4118 § 1, 2001; Ord. 4347, 2008)

4-4002 - RESTROOM FACILITIES.

Operators of all boat launching ramps open to the public shall provide and maintain restroom facilities for the users of such ramps.

(Ord. 2242)

4-4003 - Repealed by Ord. 2153. 4-4004 - Repealed by Ord. 2153. 4-4005 - SPEED.

No person shall operate any boat or aquaplane in a manner or at a rate of speed that endangers the life, limb, or property of any person, taking into account weather conditions, light conditions; the ordinary use of waters navigated; the depth of the water; the proximity to shore, docks, swimmers, boats, and other obstacles; the conditions of the boat operated; and any other factor that a reasonable and pradent person would consider in the safe operation of the boat. Operation of a boat or aquaplane under any of the following conditions shall constitute prima facie evidence that the boat or aquaplane is being operated in violation of this section:

(a)

At a speed greater than will permit it to be fully stopped by the exercise of reasonable care within the assured clear distance ahead;

(b)

At a speed in excess of five (5) statute miles per hour in any of the following areas:

(1)

Within any area designated as a "slow area";

(2)

Within one hundred (100) feet of any person bathing or swimming;

(3)

Within one hundred (100) feet of any watercraft sixteen (16) feet or less in length that might be seriously endangered by the wake of a passing vessel;

(4)

Within two hundred (200) feet of any swimming float, diving platform, lifeline, or designated swimming area;

(5)

Within two hundred (200) feet of any legal dock, wharf, dam, way, or landing float to which boats are landed or made fast or which is used for the embarkation or discharge of passengers;

(6)

Within two hundred (200) feet of any authorized boat, Sheriff's boat, or any other boat in the act of rescue operations, or dragging for bodies or equipment, if the boat is marked; attempting to overhaul or board a vessel involved in any violation of this chapter or other law, any vessel used for firefighting, or any vessel in the act of firefighting.

(7)

On the Mokelumne River between Woodbridge Dam and the northeast boundary of the city of Lodi between the hours of seven o'clock in the evening (7:00 p.m.) and noon.

(c)

Any violation of this section is a misdemeanor punishable in accordance with the punishment for a misdemeanor, as set forth in Penal Code Section 19 or its successor.

(Ord. 682; Ord. 4118 § 2, 2001; Ord. 4347, 2008)

(Ord. No. 4466, § 1, 7-21-2015)

4-4006 - Repealed by Ord. 2153. 4-4007 - Repealed by Ord. 2153. 4-4008 - Repealed by Ord. 2153. 4-4009 - MARKED SWIMMING AREAS.

No person shall operate any motorboat or sailboat, ride, pull, or tow any aquaplane or water skis within any designated swimming area or within twenty (20) feet of the exterior boundaries of any designated swimming area.

(Ord. 682)

4-4010 - NAVIGATING NEAR DAM.

No person shall operate any boat within five hundred (500) feet of any dam owned or operated by any public agency or within any area designated by the regulatory agency of a body of public water where signs have been erected giving notice of the restriction.

(Ord. 682)

4-4011 - ANCHORING IN PASSAGEWAY.

No person shall anchor any boat for fishing, loading, discharging, servicing, or other purpose upon any body of water in a position which obstructs a passageway ordinarily used by other boats or an area designated as a passageway.

(Ord. 682)

4-4012 - Repealed by Ord. 4347. 4-4013 - AQUAPLANING OR WATERSKIING PROHIBITIONS.

(a)

No person shall operate a boat, vehicle or other motive power pulling or towing any aquaplane or water skier, nor shall any person ride any aquaplane or water skis between half an hour after sunset and half an hour before sunrise.

(b)

All pull-behind recreation is prohibited at all times on that portion of the Mokelumne River between Woodbridge Dam and the northeast boundary of the city of Lodi.

(c)

Any violation of this section is a misdemeanor punishable in accordance with the punishment for a misdemeanor set forth in Penal Code Section 19 or its successor.

(Ord. 682; Ord. 4118 § 3, 2001)

4-4014 - OPERATION OF MOTORBOATS ON SMALL LAKES.

No person shall operate any motorboat on any lake containing less than three hundred (300) surface acres where signs have been erected at intervals of not over one-quarter mile around said lake giving notice of the prohibition.

(Ord. 682)

4-4015 - Repealed by Ord. 4347. 4-4016 - SHOOTING ACROSS WATERS.

No person shall shoot any firearm or gun operated by compressed gases or spring from any boat or across or over any portion of the waters of any lake or reservoir; but this section shall not prohibit the shooting of a shotgun from a boat or across lake or reservoir waters during the lawful waterfowl hunting season for the purpose of killing waterfowl.

(Ord. 682)

4-4017 - SWIMMING IN PROHIBITED AREAS OR MORE THAN TWO HUNDRED (200) FEET FROM SHORE.

No person shall swim in any area designated as a no swimming area or more than two hundred. (200) feet from the shore, or outside the boundaries of a marked swimming area or 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.

(Ord. 682)

4-4018 - OWNERS' RESPONSIBILITY.

No person owning, possessing, or in charge of any boat shall permit knowingly the boat to be operated in violation of any of the provisions of this chapter.

(Ord. 682)

4-4019 - Repealed by Ord. 4347. 4-4020 - SUPERVISED BOAT RACES.

No provision of this chapter shall be construed to prohibit or restrict the operation of any boat actually competing in a race or regatta over a marked racing course previously authorized in writing and actively supervised by the public agency having jurisdiction over the waters of such racing course or its duly authorized agent for that purpose, nor to conflict with any of the rules adopted by the agency or its agent supervising the race governing the conduct of such races.

(Ord. 682; 2153)

4-4021 - SUPERVISED WATER SHOWS.

No provision of this chapter shall be construed to prohibit or restrict the operation of any boat, aquaplane, or water skier actually participating in a water show previously authorized in writing and actively supervised by the public agency having jurisdiction over the waters on which the water show is conducted or its duly authorized agent for that purpose.

(Ord. 682)

4-4022 - METHOD OF ESTABLISHMENT.

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 them from time to time as the public safety and welfare may require. When appropriately marked, no person shall fail to comply with these designations.

(Ord. 682)

4-4023 - SANITATION AND POLLUTION

No person shall:

(a)

Place, deposit, or dump any garbage on or adjacent to the bulkheads, docks, piers, gangways, or wharves of any waterway where the material is likely to be washed or otherwise deposited into a waterway by tides, floods, storms, waves, or accidental displacement.

(b)

Cause any mooring line, water hose, electrical cable or other service line to extend across a dock, pier, or gangway so as to create a hazardous condition that could cause accident or injury; or cause any obstacles such as ladders, tools, canvas, vessels, boat gear, or other materials or equipment to obstruct free passage along any dock, pier, or gangway; or create any other hazardous condition on a dock, pier, or gangway that could cause accident or injury.

(c)

Leave or store on any dock pier or gangway, or wharf of a waterway any empty tanks or containers previously used for flammable or combustible liquids, unless free from explosive vapors, except that empty safety containers may be kept in storage.

(d)

Violate any of the following sanitation and pollution statutes: Fish and Game Code Section 5650; Fish and Game Code Section 5652; Harbors and Navigation Code Section 131; Harbors and Navigation Code Section 133; Harbors and Navigation Code Section 780; Health and Safety Code Section 5411.5; Health and Safety Code Section 5461; Health and Safety Code Section 117480; Health and Safety Code Section 117515; or any other sanitation or pollution statute.

(Ord. 4347, 2008)

4-4024 - MOORING REGULATIONS, GENERAL

(a)

General Restriction. Except as otherwise permitted by this chapter, no vessel shall be moored, anchored, grounded, placed, or otherwise located in any waterway within San Joaquin County for a period exceeding fifteen (15) consecutive days.

(b)

Mooring Locations. A vessel, other than a houseboat or a liveaboard, may be moored at the following locations to the extent permitted by law, without limitation as to time:

(1)

A permitted dock.

(2)

A permitted marina, provided the vessel is moored in compliance with all applicable permit conditions imposed on the marina.

(c)

The owner or occupant of a vessel, other than a houseboat or liveaboard, which has been moored, anchored, grounded, placed, or otherwise located in any waterway within the County of San Joaquin for a period exceeding fifteen (15) consecutive days, other than at a permitted dock or permitted marina as set forth above, must do one of the following before returning to the waterways of San Joaquin County:

(1)

Remove the vessel from the water for not less than fifteen (15) consecutive days.

(2)

Moor the vessel at a permitted dock or marina in compliance with this chapter for not less that fifteen (15) consecutive days.

(3)

Remove the vessel from all waterways within San Joaquin County for not less than fifteen (15) consecutive days.

(d)

Any violation of this section is a misdemeanor punishable in accordance with the punishment for a misdemeanor, as set forth in Penal Code Section 19 or its successor.

(Ord. 4347, 2008)

(Ord. No. 4598, 7-26-2022)

4-4025 - MOORING REGULATIONS, HOUSEBOATS AND LIVEABOARDS

(a)

A houseboat or liveaboard may be moored in a permitted marina without limitation as to time if all of the following requirements are met:

(1)

The houseboat or liveaboard is equipped with one (1) of the following:

(A)

An operable Coast Guard certified marine sanitation device.

(B)

A self-contained portable toilet or other on-board portable sewage reception system that prevents the overboard discharge of treated or untreated excrement, sewage, or other waste matter or contaminant of any kind.

(C)

A legal connection to a permitted public sewer system.

(2)

The houseboat or liveaboard is currently capable of self-propelled navigation.

(3)

The houseboat or liveaboard is moored in compliance with all applicable state and federal laws.

(b)

A houseboat or liveaboard may be moored at a permitted dock to the extent permitted by law without limitation as to time, if all of the following requirements are met:

(1)

The houseboat is equipped with one of the following:

(A)

An operable Coast Guard certified marine sanitation device.

(B)

A self-contained portable toilet or other on-board portable sewage reception system that prevents the overboard discharge of treated or untreated excrement, sewage, or other waste matter or contaminant of any kind.

(C)

A legal connection to a permitted public sewer system.

(2)

The houseboat or liveaboard is capable of self-propelled navigation.

(3)

The houseboat or liveaboard does not obstruct navigation.

(4)

The houseboat or liveaboard is moored in compliance with all applicable state and federal laws.

(5)

The houseboat or liveaboard occupant shows proof of sewage disposal. This requirement may be satisfied by showing current sewage disposal receipts from area marinas.

(c)

A houseboat or liveaboard not moored at a permitted dock or marina in compliance with the requirements set forth above in this section may only be anchored, moored, grounded or placed in a waterway within San Joaquin County for a maximum of thirty (30) consecutive days, and in no event exceeding a total of forty-five (45) or more days within a ninety (90) day period, and only if all of the following requirements are met:

(1)

The houseboat is equipped with one (1) of the following:

(A)

An operable Coast Guard certified marine sanitation device.

(B)

A self-contained portable toilet or other on-board portable sewage reception system that prevents the overboard discharge of treated or untreated excrement, sewage, or other waste matter or contaminant of any kind.

(2)

The houseboat or liveaboard is capable of self-propelled navigation.

(3)

The houseboat or liveaboard does not obstruct navigation.

(4)

The houseboat or liveaboard is moored in compliance with all applicable state and federal laws.

(5)

The houseboat or liveaboard owner or occupant shows proof of lawful sewage disposal. This requirement may be satisfied by showing current sewage disposal receipts from area marinas.

(d)

The owner or occupant of any houseboat or liveaboard that has been anchored, moored, grounded or placed within the waterways of San Joaquin County, other than at a permitted dock or marina in compliance with the requirements set forth above in this section, for thirty (30) or more consecutive days or in any event

a total of forty-five (45) or more days in any consecutive ninety (90) day period, must do one of the following prior to returning to anchor, moor, ground, or place the houseboat or liveaboard in the waters of the County:

(1)

Remove the vessel from the water for not less than 30 consecutive days.

(2)

Moor the vessel at a permitted dock or marina in compliance with this chapter for not less than thirty (30) consecutive days.

(3)

Remove the vessel from all waterways within San Joaquin County for not less than thirty (30) days.

(e)

Any violation of this section is a misdemeanor punishable in accordance with the punishment for a misdemeanor, as set forth in Penal Code Section 19 or its successor.

(Ord. 4347, 2008)

(Ord. No. 4598, 7-26-2022)

4-4026 - PROPERTY OWNERS

No person shall cause or allow a vessel to be moored to his or her dock or property in violation of this chapter.

(Ord. 4347, 2008)

4-4027 - SERVICES

No person shall furnish or supply electrical service, natural gas, or fresh water or provide a sewer connection to any vessel moored in violation of this chapter.

(Ord. 4347, 2008)