Siskiyou County Municipal Code Ch. 1 Boating

This Chapter shall be known as the "Siskiyou County Uniform Pleasure Boating Regulations". It is hereby declared that the purpose of this Chapter is to further the public interest, welfare and safety by providing for the protection and promotion of safety in the operation of watercraft engaged in recreational boating.

(§ 1, Ord. 336)

For the purposes of this Chapter, certain words and phrases used herein are defined as follows:

(a) "Person" shall mean any individual, firm, partnership, corporation, company, association, joint stock association or body politic, except the United States, the State and the County, and includes any agent, trustee, executor, receiver, assignee or other similar representative thereof.

(b) "Watercraft" shall mean any contrivance used or designed for navigation on water.

(c) "Motorboat" shall mean any watercraft propelled in any respect by machinery, including those temporarily equipped with detachable motors.

(d) "Sailboat" shall mean any watercraft propelled by sail or canvass. For the purposes of this Chapter, any watercraft propelled by both sail or canvass and machinery of any sort shall be deemed a motorboat when being so propelled.

(§ 2, Ord. 336)

(a) Application. The provisions of this Chapter shall be applicable to all watercraft operating on all of the waterways of the County. The provisions of this Chapter shall be construed to supplement Federal and State laws when not expressly inconsistent therewith on all waterways where such Federal and State laws and regulations are applicable.

(b) Authority. This Chapter is enacted pursuant to Section 268 of the Harbors and Navigation Code and other applicable statutes of the State.

(§ 3, Ord. 336)

(§ 4, Ord. 336; repealed by § I, Ord. 1098, eff. August 26, 1982)

(§ 5, Ord. 336; repealed by § I, Ord. 1098, eff. August 26, 1982)

(§ 6, Ord. 336; repealed by § I, Ord. 1098, eff. August 26, 1982)

(§ 7, Ord. 336; repealed by § 1, Ord. 1098, eff. August 26, 1982)

It shall be unlawful for the owner of any water-craft or any person having such in charge or in control to authorize or knowingly permit such watercraft to be operated by any person who, by reason of physical or mental disability, is incapable of operating such watercraft under the prevailing circumstances.

(§ 8, Ord. 336)

(§ 9, Ord. 336, as amended by § 1, Ord. 370, eff. September 21, 1961; repealed by § I, Ord. 1098, eff. August 26, 1982)

(§ 10, Ord. 336; repealed by § I, Ord. 1098, eff. August 26, 1982)

(§ 11, Ord. 336; repealed by § I, Ord. 1098, eff. August 26, 1982)

(§ 12, Ord. 336; repealed by § I, Ord. 1098, eff. August 26, 1982)

No person shall operate a watercraft within a water area which has been clearly marked, in accordance with and as authorized by the laws of the State or County, by buoys or some other distinguishing device as a bathing, swimming, or otherwise restricted area; provided, however, this section shall not apply in the case of an emergency or to patrol or rescue craft.

(§ 13, Ord. 336; repealed by § I, Ord. 1098, eff. August 26, 1982; reenacted by § I, Ord. 40, eff. July 12, 1983)

(§ 14, Ord. 336, as amended by § 1, Ord. 370, eff. September 21, 1961; repealed by § I, Ord. 1098, eff. August 26, 1982)

(§ 15, Ord. 336, repealed by § I, Ord. 1098, eff. August 26, 1982)

(§ 16, Ord. 336; repealed by § I, Ord. 1098, eff. August 26, 1982)

(§ 17, Ord. 336; repealed by § I, Ord. 1098, eff. August 26, 1982)

(§ 18, Ord. 336; repealed by § I, Ord. 1098, eff. August 26, 1982)

(§ 19, Ord. 336; repealed by § I, Ord. 1098, eff. August 26, 1982)

(§ 20, Ord. 336; repealed by § I, Ord. 1098, eff. August 26, 1982)

(§ 21, Ord. 336; repealed by § I, Ord. 1098, eff. August 26, 1982)

(§ 22, Ord. 336; repealed by § I, Ord. 1098, eff. August 26, 1982)

The Board shall be the governing body pertaining to the issuance of permits for any watercraft events, such as races, regattas, water ski exhibitions, or any other than normal water activities, provided Federal or State laws and regulations are not applicable.

(§ 23, Ord. 336)

The owner of a watercraft shall be liable for any injury or damage occasioned by the negligent operation of such watercraft, whether such negligence consists of a violation of the provisions of this Chapter or the statutes of the State, or in the failure to observe such ordinary care in such operation as the rules of the common law require. The owner shall not be liable, however, unless such watercraft is being used with his express or implied consent. It shall be presumed that such watercraft is being operated with the knowledge and consent of the owner if, at the time of the injury or damage, the watercraft is under the control of the owner's husband, wife, father, mother, brother, sister, son, daughter, or other immediate member of the family.

(§ 24, Ord. 336)

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.

(§ 25, Ord. 336)

Violation of any of the sections of this Chapter resulting in injury to persons or damage to property shall constitute prima facie evidence of negligence.

(§ 26, Ord. 336)

The Board shall appoint a County Boat Patrol Officer who shall supervise the enforcement of this Chapter. Such officer shall hold office at the pleasure of the Board and shall receive a monthly compensation in accordance with the personnel and salary regulations.

(See Chapter 6 of Title 2 of this Code.) (§ 27, Ord. 336)

It shall be the duty of all peace officers of the County, and all applicable subdivisions thereof, to enforce the provisions of this Chapter and all other State and Federal laws and regulations applicable to such waters, subject to the supervision of the County Boat Patrol Officer.

(§ 28, Ord. 336, as amended by § 1, Ord. 354)

(a) Any person who shall violate the provisions of Sections 3-1.07 through 3-1.15 or 3-1.25 of this Chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not more than Two Hundred and no/100ths ($200.00) Dollars or by imprisonment of not more than sixty (60) days, or by both such fine and imprisonment within the discretion of the court.

(b) Any person who shall be convicted of a violation of Sections 3-1.04 through 3-1.15 of this Chapter, in addition to any other penalties authorized, may, in the discretion of the court, be refused the privilege of operating any watercraft on any of the waterways of the County for a period of not more than two (2) years.

(c) Any person who shall violate any of the other provisions of this Chapter shall be guilty of a misdemeanor and shall be punished by a fine not exceeding One Hundred and no/100ths ($100.00) Dollars.

(d) Any person who shall operate any water-craft during the period when he had been denied the privilege to so operate by virtue of subsection 6) of this section shall be guilty of a misdemeanor.

(§ 29, Ord. 336)

It shall be unlawful for any person to operate a motor-powered watercraft upon the waters of Juanita lake; provided, however, the provisions of this section shall not apply in the event of an emergency or to patrol or rescue craft.

(§ 1, Ord. 410, eff. March 25, 1965)

It shall be unlawful for any person to operate a motor-powered watercraft upon the waters of Kangaroo Lake; provided, however, the provisions of this section shall not apply in the event of an emergency or to patrol or rescue craft.

(§ 1, Ord. 416. eff. July 22, 1965)

The operation of watercraft on the waters of Medicine Lake is hereby limited as follows:

(a) Waterskiing, aquaplaning, and speed boating shall be limited to the hours between 10:00 a.m. and 5:00 p.m., Pacific Daylight Savings Time.

(b) No person shall operate any watercraft in excess of five (5) miles per hour while within 200 feet of the shoreline of the lake.

(c) The speed of all watercraft shall be limited to a maximum of ten (10) miles per hour before 10:00 a.m. and after 5:00 p.m., Pacific Daylight Savings Time, except in the lake surface area described in subsection (b) of this section, where the speed of watercraft shall not be in excess of five (5) miles per hour.

(§ I, Ord. 498, eff. April 23, 1970)

It shall be unlawful for any person to land, take off or operate motor-powered aircraft upon the waters of Medicine Lake; provided, however, the provisions of this section shall not apply in the event of an actual emergency or to patrol or rescue aircraft.

(§ I, Ord. 826, eff. September 7, 1978)

The operation of watercraft on the waters of Lake Siskiyou is hereby limited as follows:

(a) Speed Restrictions.

1. The speed of all watercraft shall be limited to a maximum of ten (10) miles per hour.

2. Within the following areas, the speed of all watercraft shall be limited to a maximum of five (5) miles per hour:

i. Within three hundred (300) feet of any marina or dock;

ii. Within two hundred (200) feet of any buoy or boom;

iii. Within an area designated by mark or sign as "slow area";

iv. Within two hundred (200) feet of a designated swimming area, or of any person who is bathing or swimming;

v. Within two hundred (200) feet of any authorized boat, Sheriff's boat or any other boat while said boat or boats are in the act of rescue or recovery operations, or in pursuit of violations of this Chapter, provided such boats are marked.

(b) Area Restrictions.

1. The operation of watercraft within two hundred (200) feet of Box Canyon Dam or within any boom or line buoys adjacent to the dam is prohibited.

2. It shall be unlawful to mutilate, damage or move from position any buoy lawfully placed in Lake Siskiyou.

(c) Water Skiing and Surfboarding Prohibited. No motorboat or watercraft shall have in tow or shall otherwise assist persons on water skis, surfboards, or similar contrivances.

(d) Launching. All motorboats or trailered watercrafts shall be launched from a boat ramp designated for that specific use by mark or sign by the Siskiyou Flood Control and Water Conservation District.

(e) Mooring. No person shall moor any watercraft on the waters of Lake Siskiyou except at a designated dock, mooring site, or other area specifically designated by mark or sign by the Siskiyou Flood Control and Water Conservation District for that purpose.

(f) Watercraft.

1. No person shall operate upon or place in Lake Siskiyou any watercraft having operating sink drains or flush toilets.

2. All watercraft maintained on Lake Siskiyou shall be kept in a safe and sanitary condition and shall be equipped with all safety devices and equipment required by state law, including readily accessible life preservers of approved Coast Guard type for each person on board.

(Emergency Ord. 499, eff. April 14, 1970; reenacted by Ord. 507, eff. July 23, 1970; Ord. No. 14-05, § I, 5-6-2014)

Editor's note— Ord. No. 14-05, § I, adopted May 6, 2014, changed the title of § 3-1.33 from "Speed of watercraft on Lake Siskiyou" to "Operation of watercraft on Lake Siskiyou."

Editor's note— Ord. No. 14-06, § I, adopted May 6, 2014, repealed § 3-1.34, which pertained to water skiing and surfboarding on Lake Siskiyou and derived from Emergency Ord. 500, eff. Apr. 14, 1970; and Ord. 506, eff. July 23, 1970.

It shall be unlawful and shall be an infraction for any person to operate a boat equipped with a motor on Gumboot Lake or Toad Lake.

(Ord. 510, eff. September 24, 1970, as amended by Ord. 547, eff. August 17, 1971)

(Ord. 575, eff. August 24, 1972, as amended by Ord. 582, eff. August 24, 1972; repealed by Ord. 583, eff. September 13, 1972)

No motorboat or watercraft shall travel at a speed in excess of ten (10) miles per hour on that portion of Copco Lake lying east of the following described line:

Beginning at a two (2") inch brass cap in concrete marked "Ski Boundary South Monument" from which the section corner common to Sections 27, 28, 33, and 34, Township 48 North, Range 4 West, M.D.M., bears south 20°50'49″ west, a distance of 500.635 feet; thence north 20°43′41″ east, a distance of 1967.621 feet to a two (2") inch brass cap in concrete marked "Ski Boundary North Monument", said line between monuments being the division line between the restricted speed zone and the nonrestricted speed zone.

(§ I, Ord. 600, eff. June 26, 1973)

The specified activities and areas on the waters of Lake Shastina are restricted as follows:

(a) Waterskiing, aquaplaning, and speed boating shall be limited to the hours between sunrise and sunset and shall be confined to the area specified by buoys.

(b) No person shall operate any watercraft in excess of five (5) miles per hour while within 200 feet of the lake's shore, designated swimming area as posted by the Sheriff, or restricted areas adjacent to the dam as designated by the Sheriff.

(c) There shall be designated ski takeoff and landing areas, which takeoff and landing areas shall be designated by the Sheriff and so posted.

(§ I, Ord. 632, eff. October 24, 1974)

No motorboat or watercraft shall travel at a speed in excess of ten (10) miles per hour on that portion of Iron Gate Lake lying easterly of the following described line:

Beginning at a two and one-half (2 ½″) inch brass cap set in concrete on the north side of Iron Gate Lake, marked "North Speed Limit Monument", from which a two (2") inch iron pipe, stamped L.S. 2968, marking the section corner common to Sections 26, 27, 34, and 35, Township 48 North, Range 5 West, M.D.M., bears north 54°16'38″ west a distance of 4,541.595 feet;

Thence south 16°25'52″ east, a distance of 735.975 feet to a two and one-half (2 ½″) inch brass cap set in concrete on the south side of Iron Gate Lake, marked "South Speed Limit Monument".

Bearings for the legal description set forth in this section are based on a solar observation.

(§ I, Ord. 804, eff. April 26, 1978)

(§ I Ord. 1097 eff. August 26, 1982; repealed by § I, Ord. 89-21, eff. July 13, 1989)

(§ II, Ord. 1097, eff. August 26, 1982; repealed by § 1, Ord. 89-21, eff. July 13, 1989)