San Mateo Municipal Code Ch. 13.25 Marina Lagoon Regulations

The use of Marina Lagoon shall be governed by this chapter, all applicable sections of the Harbors and Navigation Code as the same may be from time to time amended, and all applicable regulations of the State Department of Boating and Waterways, State Department of Parks and Recreation, and the United States Coast Guard. Enforcement of all such laws and regulations shall be made by the police and the harbor patrol officer of the Department of Parks and Recreation who shall be authorized to arrest or issue citations for violations.It is unlawful to use Marina Lagoon except in accordance with all such local, state and federal regulations applicable thereto.

prior code § 77.40

It is unlawful for any person to enter upon the Marina Lagoon, except as provided for in this chapter. No persons shall enter upon the banks of Marina Lagoon outside designated park and recreation areas for any purpose whatsoever, except in cases of emergency to protect life and/or property; provided that the Council may grant permits to abutting property owners for access to the waters of Marina Lagoon. The City Manager, Chief of Police, Director of Parks and Recreation or designated representative are authorized to have excluded from the Marina Lagoon any person violating the provisions of this title or any of the rules and regulations applicable thereto. Any person thus excluded who fails to leave the Marina Lagoon forthwith, or who thereafter enters therein or thereupon, except with the consent of the City Manager, Chief of Police, Director of Parks and Recreation or designated representative or their assistants, is guilty of a violation of this section and is subject to arrest by law enforcement.

prior code § 77.41

The following general regulations apply to activities in and on any portion of the Marina Lagoon.

(a) No craft may be moored or docked overnight at any public dock, shore line, or in the Lagoon. Berthing of craft at private docks with encroachment permits shall be allowed.

(b) No type of aircraft, ultra-light glider, or kite may be used or towed on Marina Lagoon.

(c) Navigation markers, aids, and signs shall not be altered or removed except by authorized City representatives.

(d) No refuse, litter, feces, urine, petroleum product, or waste material of any nature shall be thrown or deposited into the waters of Marina Lagoon from the banks, docks, ways, or landing floats or boats.

(e) No ramps, jumps, markers, buoys, stakes, other equipment, or similar obstacles may be permanently or temporarily placed or used in Marina Lagoon without written approval of the City.

(f) It is unlawful for any person to possess or consume any alcoholic beverage in or on any portion of Marina Lagoon.

(g) Use of motorized craft on Marina Lagoon is allowed only for those vessels that possess and appropriately display a valid annual or day use pass.

(h) Marina Lagoon may be used in accord with the regulations set forth in this chapter at all times except when it may be partially or totally closed upon order of the City Manager, Chief of Police or Director of Parks and Recreation.

prior code § 77.44

Marina Lagoon is divided into eight use and speed zones. The boundaries and use of said zones are described as follows:

(a) Zone A: Motor Boating and Water Skiing. From the dam near Third Avenue southerly to a posted point opposite the prolongation of Harrison Avenue;

(b) Zone B: Nonmotor Boating, Sailing and Special Events. From the end of Zone A to a point 500 ft. south of the existing 19th Avenue overpass;

(c) Zone C: Multiple Use. From a point 500 ft. south of the existing 19th Avenue overpass to a posted point approximately four hundred feet north of Lakeshore Park and Beach;

(d) Zone D: Nonmotor Boating, Sailing and Special Events. From the end of Zone C southerly to a posted point approximately two hundred feet south of the Hillsdale Avenue overpass over Marina Lagoon Foster City Bridge;

(e) Zone E: Motor Boating and Water Skiing. From the end of Zone D southerly to a posted point oblique to the prolongation of Fortieth Avenue;

(f) Zone F: Fishing; hand and sail powered vessels only. From the end of Zone E southerly to the end of Marina Lagoon;

(g) Zone G: Mariner's Island Launching Channel; all boats may use this area;

(h) Zone H: Mariner's Island Beach Channel; all boats may use this area.

prior code § 77.42

The use restrictions for the zones described in 13.25.030 are as follows:

(a) It is unlawful to water ski in any Zone except Zones A and E or as permitted in Zones B and D pursuant to a City-issued permit for a special event.

(b) It is unlawful to operate any vessel in the Mariner's Island Channel of Zone A.

(c) It is unlawful to operate any vessel by sail or hand power in Zones A and E except that residents of property on the shoreline in Zone A and E may traverse that Zone directly en route to or from the resident's dock or launching ramp to or from a Zone where operation of vessels under sail or hand power is permitted.

(d) It is unlawful to operate any "Personal Watercraft" in any Zone.

(e) It is unlawful in Zone A or E for any person to operate a vessel under sail or hand power farther than fifty (50) feet from any dock, way or landing float on either side of the lagoon.

(f) Except where and as specifically posted by the City, it is unlawful to fish in Zones A, E, G, and H, or in any swimming area marked and designated by the City. It is also unlawful to troll fish in any Zone.

(g) It is unlawful to swim in Zones F and G. No person shall swim, scuba dive or skin dive in the remaining zones except within the designated buoyed swimming areas at any public park, beach, or playground. Swimming at individual residences shall be confined to areas not beyond the boundary of each dock but in no case, further than 25 feet from the shoreline.

(h) Motor boat racing is prohibited in all Zones.

(i) It is unlawful to fail or refuse to comply with any lawful order, direction, or signal of a peace officer or harbor patrol officer regarding the use of any Zone in the Lagoon.

(j) For purposes of this chapter and the regulations promulgated thereunder, "hand power" means propelled by oar or paddle.

Subject to the directions of a peace officer, or harbor patrol officer, it is unlawful for any person to violate the following speed limits on Marina Lagoon:

(a) The maximum speed at any time in Zones A, C, and E shall be thirty-five miles per hour.

(b) Motor boats traversing Zones B and D shall not be operated at a speed in excess of five miles per hour and at a speed that creates a wake.

(c) The maximum speed at any time in Zones F, G, and H shall be three miles per hour and shall not create a wake.

(d) Motor boats within fifty feet of any dock, way, other craft, or landing float in Zones A, C, and E shall not be operated at a speed in excess of five miles per hour.

(e) Between sunset and sunrise, no person shall operate any vessel at a speed greater than ten (10) miles per hour, except in those zones where lower speeds are required, in which case the applicable speed shall be applied.

(f) The Park and Recreation Department is authorized to set different speed limits for special events, improved control or public safety for a period not to exceed one month.

(g) In no case shall any person operate at a speed greater than reasonable or prudent for the conditions of the area.

prior code § 77.43

The following regulations apply to allowed waterskiing activities in or on any portion of Marina Lagoon.

(a) Waterskiing activity shall not be permitted before sunrise and after sunset but in no case shall it be permitted before 6:00 a.m., Monday through Friday and 8:00 a.m., Saturday, Sunday and California State recognized holidays.

(b) No boat towing a water skier and no towed skier shall come closer than 50 feet to any dock, way, landing float, or shoreline.

(c) Only one skier may be towed at a time

(d) No skier shall launch from a dock or the beach. All launching shall be from the water only.

(e) No skier shall be towed at a distance greater than 75 feet from the boat.

(f) Boats towing water skiers shall be operated by an adult (18 year or older) and shall have an additional person on board of at least 12 years of age as an observer.

(g) Slalom course skiing shall be permitted only on City approved courses, and in accordance with posted rules of use.

(h) Towing of inner tubes, air mattresses, surfboards, and similar devices not designed for skiing activity is prohibited.

(i) Boats in the skiing zones shall travel to the right of mid-channel and turn in a counter-clockwise direction.

(j) Skiers and persons on legally towable devices shall remain within the wake whenever the boat is executing a turn of 90 degrees or greater.

Upon payment of user fees, the City of San Mateo shall provide a sticker to be visibly affixed to the starboard side of the windshield of boats so equipped, or positioned near the stern on the starboard side of the hull. Single daily use fees in and out shall be evidenced by a receipt for payment of said fee. Boats propelled solely by hand or sail shall be exempt from Marina Lagoon use fees unless using the boat ramp.

The Director of Parks and Recreation or designated representative, may, upon terms and conditions deemed necessary to protect the public peace and safety, grant the exclusive use of any portion of the Marina Lagoon, to any organization or group which intends to stage a special event which, in his or her /her opinion, is of a general public interest.

prior code § 77.49

(a) The Director of Public Works may issue permits allowing encroachments upon city-owned or controlled areas of Marina Lagoon by the owners of abutting property. Said permits shall be for the construction and maintenance of improvements approved by the Department of Public Works including, but not limited to, docks, ramps, fences and slope treatment and are subject to the Regional Permit issued for such encroachments by the Army Corps of Engineers. The Department of Public Works shall develop standards and procedures for the installation and maintenance of the approved encroachments, taking into consideration, among other things, the seasonal water levels. Before any permit may be issued, the applicant shall:

(1) Submit plans of the proposed improvement;

(2) Submit evidence of insurance in an amount and form determined by the City Attorney to be sufficient to protect the City, its elective and appointive boards and commissions, officers, agents and employees from any liability which might arise from the presence of the improvements. The insurance shall be maintained in full force and effect as long as the improvements remain;

(b) Any person may appeal the decision of the Director of Public Works on a permit application under this Section by filing an appeal with the Public Works Commission within 10 days of the Director's notification of approval or denial. All appeals to the Commission shall be filed with the City Clerk and heard at the first regular meeting following receipt of said appeal and the decision of the Commission shall be final unless the appealing party files a subsequent appeal to the City Council in writing with the City Clerk within 10 days of the decision of the Commission. All appeals to the Council shall be final as to all matters.

All improvements permitted herein shall be maintained in a safe condition, be subject to inspection by the City, and may be required by the City Engineer to be physically identified by sign or number in a manner useful to City purposes. Any improvements which are found to be unsafe shall be declared a nuisance.The Department of Public Works may, for reasons of health or safety, lapse of insurance, or City's need to use its property, cause the removal of any encroachment; provided however, that the permittee has been given notice in writing ten days prior to the intended removal. Such removal may be appealed through the same process described for encroachment permits. The cost of such removal shall be charged to the permittee.

prior code § 77.50

It is unlawful for any person to excavate, fill, remove or deposit material within Marina Lagoon except under permit as herein provided.

prior code § 77.51