Sierra County Municipal Code Ch. 9.05 Process for Protecting, Monitoring and Prevention of Invasive Aquatic…

The purpose of this chapter is to preserve navigation, commerce, fishery, and recreation through the preservation of the land and waters in their current natural state by ensuring the protection of all native and desired aquatic species and aquatic habitat in Sierra County by preventing the introduction and spread of aquatic invasive species.

Nothing herein shall be deemed to or construed as creating an affirmative duty on the county to enforce the provisions of this chapter.

The water bodies within Sierra County may be adversely affected by the introduction of certain nonnative species which have the potential to rapidly proliferate, harm and/or consume native species and food resources, and drastically alter the ecosystem of those water bodies. This can adversely impact to the ecology, recreation, water supply, water quality, and economy of the region.

In particular, species of Dreissenid mussels such as quagga and zebra mussels pose a significant and imminent threat to the water bodies within Sierra County. Dreissenid mussels have already created serious and irreparable harm to bodies of water located in other locations in the United States and California.

Presently, it does not appear that any water body in Sierra County has been infested with Dreissenid mussels. However, water vessels entering Sierra County from other areas may have recently been launched in infested waters, making those vessels at high risk to carry mussels, both adults and larvae, into Sierra County waters.

A screening and inspection program is integral to the preservation of the water bodies and water distribution systems with Sierra County and to the drainages from Sierra County.

“Aquatic invasive species” shall mean any species not already native to the waters of Sierra County whose introduction to those waters is likely to cause economic or environmental harm or harm to human health.

“Watercraft” shall mean any vessel capable of carrying one or more people over water, and shall include, without limitation, all boats, canoes, kayaks, skiffs and rafts.

A. No person shall knowingly launch any watercraft contaminated with any aquatic invasive species into the waters of Sierra County.

B. No person shall launch any watercraft into the waters of Sierra County without first submitting to an inspection pursuant to SCC 9.05.050, when such an inspection is required by the duly authorized agent of the county or by county personnel.

C. No person shall launch any watercraft into the waters of Sierra County without having their watercraft decontaminated when directed to do so by the duly authorized agent of the county or by county.

D. No person shall knowingly provide false information to any agent authorized to perform inspections pursuant to SCC 9.05.050.

A. Sierra County may appoint such agents and/or assign such county personnel as the Board of Supervisors may from time to time authorize to inspect watercraft prior to launching into the waters of Sierra County to detect the presence and prevent the introduction of aquatic invasive species. When inspection is required by any such duly authorized agent or county personnel, no person may launch a watercraft without first submitting to an inspection under this section.

B. Any watercraft inspected pursuant to subsection (A) of this section that is found to have indicia of contamination by aquatic invasive species may be required to undergo decontamination prior to launch, pursuant to such decontamination procedures and requirements that shall be prescribed by the Board of Supervisors. Prior to launch, any watercraft having undergone decontamination procedures will be subject to such inspection and certification requirements as may from time to time be duly established by the Board of Supervisors.

C. Prior to launching any watercraft into waters in Sierra County, and/or at the time of the inspection, the person seeking to launch the watercraft may be required to execute an affidavit indicating whether the watercraft has been operated in any waters known to contain aquatic invasive species and, if so, providing the date(s) of said operation, the length of time that the watercraft has been continuously stored in a drained and dry condition subsequent to being on a water body containing aquatic invasive species, and what decontamination procedures, if any, the watercraft has undergone. Where required, the affidavit shall be on a form provided by the county and shall contain a list of waters known to contain aquatic invasive species. The affidavit shall be signed under penalty of perjury.

D. No person shall be required to submit a watercraft to inspection under this section. If the watercraft owner or operator refuses to consent to screening, that watercraft shall not be allowed to launch in any water body within Sierra County and shall be in violation of this chapter if he/she should nonetheless attempt to or actually launch in any water body in Sierra County.

All watercraft inspected are subject to a fee to pay for the inspection and/or decontamination. Sierra County or its designee will review and approve the fee structure annually. The inspection fee shall be in such amount as may from time to time be duly adopted by the Board of Supervisors.

Any violation of this chapter is hereby declared to be unlawful and a public health nuisance and may be abated by authorized Sierra County, or its designee, personnel, irrespective of any other remedy provided in this chapter.

Any violation of this chapter shall be an infraction, and shall be punishable as such pursuant to SCC 1.16.030. (Ord. 1041, eff. 10/3/12)