Yolo County Municipal Code Ch. 1 Boating and Water Skiing

The provisions of this chapter shall be applicable to and govern all public waters, including, but not limited to, 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; provided, however, the provisions of this chapter shall not be held to apply to documented vessels and their tows. (§ 1, Ord. 360)

For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:

(a) “Aquaplane” shall mean any device used for the transportation of one or more persons upon the surface of the water, which device is pulled or towed by any boat, vehicle, or other motive power by means of a rope, chain, cable, wire, or other flexible connection, including, but not limited to, any plank, surfboard, or water ski.

(b) “Boat” shall mean any undocumented vessel or device, except an aquaplane or water ski, in or upon which vessel or device persons or property may be transported upon, under, or over the surface of the water, including, but not limited to, any boat, raft, barge, canoe, skiff, dinghy, rowboat, sailboat, sailing vessel, yacht, motorboat, motor vessel, float, pontoon, commercial boat, launch, or ship.

(c) “Documented vessel” shall mean any boat, commercial boat, barge, sailing vessel, yacht, motorboat, launch, or ship documented by the United States Coast Guard in accordance with the rules and regulations for the navigation of inland waterways established by the Federal government.

(d) “Marked swimming area” shall mean any beach or water area set aside as a swimming or bathing area, the boundaries of which are marked by buoys painted orange and permanently anchored approximately 100 feet apart or conspicuously posted from the shore by signs.

(e) “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.

(f) “Operate” shall mean the steering of a boat in any manner, or the operation or manipulation of any outboard or inboard engine or motor used to propel such boat, or the operation, use, or manipulation of oars, sails, or other devices used as the propulsion of such boat.

(g) “Person” shall mean any person, firm, partnership, association, corporation, company, estate, trust, or organization of any kind.

(h) “Approved” shall mean approved by the Commandant of the United States Coast Guard. (§ 2, Ord. 360, as amended by § 1, Ord. 750, eff. March 10, 1976)

(a) Life preservers. It shall be unlawful for any person to operate any boat which is not equipped with at least one United States Coast Guard approved life preserver, ring buoy, or buoyant cushion for each person on board, so placed as to be readily accessible, and of appropriate size for each passenger. No inflatable life preserver shall be deemed to comply with the provisions of this subsection.

No person shall use a recreational boat less than sixteen (16’) feet in length or a canoe or kayak unless at least one personal flotation device of the following types is on board for each person:

(1) Type I;

(2) Type II;

(3) Type III; and

(4) Type IV.

No person shall use a recreational boat sixteen (16’) feet or more in length, except a canoe or kayak, unless at least one personal flotation device of the following types is on board for each person:

(1) Type I;

(2) Type II; and

(3) Type III.

No person shall use a recreational boat sixteen (16’) feet or more in length, except a canoe or kayak, unless at least one Type IV personal flotation device is on board in addition to the personal flotation devices otherwise required.

(b) Lights, whistles, bells, flame arrestors, and ventilators. The following equipment shall be required on boats, and it shall be unlawful for any person to operate any boat between one-half (1/2) hour after sunset and one-half (1/2) hour before sunrise, or moor any boat except in a designated mooring area, unless such boat is equipped with, and is showing prominently, the lights required by the United States Coast Guard as set forth in the following chart:

EQUIPMENT REQUIREMENTS FOR BOATS

(c) Motorboats: Fire extinguishers. It shall be unlawful for any person to operate any motorboat which is not equipped with a portable fire extinguisher of a type approved by the United States Coast Guard, which fire extinguisher shall be in an easily accessible place in such boat; provided, however, no such fire extinguisher shall be required for a motorboat, the motor of which is portable and detachable from the boat, commonly known as an outboard motor, and such boat has no covered deck.

(d) Motorboats: Ventilators. It shall be unlawful for any person to operate any motorboat which uses gasoline or other fuel having a flash point of less than 110 degrees Fahrenheit unless such motorboat is equipped with at least two (2) ventilators fitted with cowls or their equivalent which will properly and efficiently remove any inflammable or explosive gas from the bilges of every engine and fuel tank compartment; provided, however, ventilation shall not be required in any motorboat which has the greater portion of the bilges of every engine and fuel tank compartment open to the natural atmosphere. All ventilation equipment shall be as prescribed in the chart set forth in subsection (b)of this section.

(e) Motorboats: Carburetors. Every gasoline engine installed in a motorboat, except outboard motorboats, shall be equipped with one of the following:

(1) An approved backfire flame arrestor, suitably secured to the air intake with a flame-tight connection;

(2) An approved engine air and fuel induction system; or

(3) Any attachment to the carburetor or location of the engine air induction system by means of which flames caused by engine backfire will be dispersed to the atmosphere outside the vessel in such a manner that the flames will not endanger the vessel, persons on board, or nearby vessels and structures. All attachments shall be of metallic construction with flame-tight connections and shall be firmly secured to withstand vibration, shock, and engine backfire. (§§ 3, 4, 5, 22, and 23, Ord. 360, as amended by §§ 2, 3, 4, and 5, Ord. 750, eff. March 10, 1976)

It shall be unlawful for any person to load or to operate any boat loaded with passengers or cargo in excess of its safe carrying capacity. For the purposes of this section, a violation of the following components shall constitute prima facie evidence of a violation of the provisions of this section: the maximum safe carrying capacity, in pounds, of any rowboat or any boat propelled by an outboard motor, except racing models, shall equal the product of six and one-half (6 1/2) times the total length of the boat in feet, times the greatest width of the boat in feet, times the greatest depth of the boat in feet. (§ 10, Ord. 360)

Every boat or watercraft operated within the County shall be registered pursuant to the provisions of Sections 3101 through 3112 of the Revenue and Taxation Code of the State, which sections are hereby referred to and incorporated in this chapter by reference as though fully set forth in this chapter for all purposes. (§ 30, Ord. 360, as amended by § 6, Ord. 750, eff. March 10, 1976)

It shall be unlawful for any person to operate any boat or aquaplane in a manner or at a rate of speed which endangers the life, limb, or property of any person, taking into account weather conditions, light conditions, the ordinary use of water navigated, any supervised and authorized boat race or water show, the depth of the water, the proximity to shore, docks, boat launching and landing ramps, swimmers, boats, and other obstacles, the condition of the boat operated, and any other factor which a reasonable, prudent person would consider in the safe operation of such boat. The operation of a boat or aquaplane under any of the following conditions shall constitute prima facie evidence that the same is being operated in violation of the provisions of this section:

(a) At a speed greater than will permit the boat or aquaplane to be fully stopped by the exercise of reasonable care within the assured clear distance ahead; or

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

(1) Within 100 feet of any person who is bathing or swimming;

(2) Within 100 feet of any person riding water skis or an aquaplane where the course of the boat is such as to bring it within fifty (50’) feet of the rider should he at anytime fall;

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

(4) Within 200 feet of any 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;

(5) Within 100 feet of the shore at any place except while in the act of launching or landing an aquaplane or water skier;

(6) Within 100 feet of any watercraft, sixteen (16’) feet in length or smaller, which might be seriously endangered by the action caused by the wake created by the passing vessel;

(7) Within 200 feet of any area designed as an emergency area by the Sheriff-Coroner or any authorized boat while such boat is in the act of rescue operations or dragging for bodies or equipment provided such boats are marked;

(8) Within 200 feet of the boundaries of any fish spawning area marked or designated as such by the Department of Fish and Game of the State; and

(9) Within 200 feet of trolling fishing boats to avoid fouling of trolling lines. Trolling boats shall display a white flag not less than two (2’) feet in size to give adequate warning of trolling activities. (§ 6, Ord. 360)

The failure to observe any of the following rules shall constitute prima facie evidence of the violation of the provisions of this section:

(a) Any person operating a boat or water ski shall observe the Federal navigation rules for harbors, rivers, and inland waters.

(b) Any person operating a boat or water ski shall at all times be responsible for the wake of the boat and shall take care to avoid disturbing, by wake, wash, or suction, any person or property in or on a waterway.

(c) Any person operating a boat or water ski shall at all times do so in such manner as to protect the life, limb, and property of persons and shall not operate such boat or ski in such a manner as to unreasonably or unnecessarily interfere with any other documented or undocumented boat engaged in proper navigation. (§ 7, Ord. 360)

It shall be unlawful for any person to operate any motorboat or sailboat, or to ride, pull, or tow any aquaplane or water ski within any designated swimming area or within fifty (50’) feet of the exterior boundaries of any designated swimming area. (§ 12, Ord. 360)

It shall be unlawful for any person operating any boat, except a sailboat, to permit any person to ride, sit, or stand, or for such person to ride, sit, or stand, upon either the gunwale of a boat or upon the decking over the bow of a boat unless such boat is provided with adequate guards or railings to prevent such persons from being lost overboard. The provisions of this section shall not be construed to mean that a person on a boat may not stand on the decking of the bow of the boat to moor or cast off or for any other necessary purpose. (§ 8, Ord. 360)

It shall be unlawful for any person to operate any boat while under the influence of intoxicating liquor or narcotic drugs. (§ 9, Ord. 360)

It shall be unlawful for any person to use, take, or operate any boat without the written consent of the owner or person in charge thereof or to be an accessory to the taking, use, or operation of any boat without the consent of the owner or person in charge thereof. The consent of the owner or person in charge of a boat to its taking, use, or operation shall not be presumed or implied because of such consent on a previous occasion to the taking, use, or operation of such boat by the same or a different person. (§ 11, Ord. 360)

(§ 13, Ord. 360; repealed by § 1, Ord. 1476, eff. December 22, 2016)

It shall be unlawful for any person to moor or attach any boat to any buoy, beacon, or marker, except mooring buoys, placed in the water by any public agency or to remove, change, obstruct, damage, or in any way interfere with buoys or navigation aids established by a public agency. (§ 14, Ord. 360)

It shall be unlawful for any person to use or sound a siren on any boat except for necessary or emergency purposes. (§ 24, Ord. 360)

(a) At night. It shall be unlawful for any person to operate a boat, vehicle, or other motive power which is pulling or towing any aquaplane or water skier, or for any person to ride any aquaplane or water ski, between sunset and sunrise.

(b) Takeoff and approaches. It shall be unlawful to take off from or approach shore when engaged in water skiing in any other manner than by keeping the shore on the starboard or right-hand side.

(c) Careful operation of boats. It shall be unlawful for any person to operate any boat engaged in the pulling or towing of an aquaplane or water skier except in a careful and prudent manner, at a reasonable distance, and with due caution for the life, limb, and property of other persons.

(d) Attendants on boats. It shall be unlawful for any person to operate any boat or other vehicle which is pulling or towing an aquaplane or water skier unless there is in such boat or vehicle, in addition to the operator, another person at least twelve (12) years of age who is attending and observing the aquaplane or water skier at all times while the aquaplane or water skier is being towed.

(e) Towlines. It shall be unlawful for any person to operate any boat or other vehicle which is pulling or towing an aquaplane or water skier unless such operator employs, when towing any such aquaplane or water skier, a towline not in excess of ninety (90’) feet in length. (§§ 15, 16, 17, and 21, Ord. 360, as amended by §§ 7 and 8, Ord. 750, eff. March 10, 1976)

(a) Authorized. The Board, by resolution, as to water 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 emergency areas and may designate boating and personnel control signs and devices and change the same from time to time as the public safety and welfare require. When so marked, it shall be unlawful for any person to fail to comply with such designations. Such designations shall be reported to the United States Corps of Engineers for notification to mariners.

(b) Boating on Putah Creek. It shall be unlawful for any person to operate any vessel in the waters of Putah Creek westerly of County Road 86 at such times that:

(1) The flow of water at Monticello Dam exceeds the rate of 750 cubic feet per second; and

(2) Control signs or devices prohibiting boating are posted at the Putah Creek Fishing Access Area.

For the purposes of this subsection, “vessel” is defined as set forth in subsection (c)of Section 651 of the Harbors and Navigations Code of the State.

(c) Signs. The Director of Parks shall cause control signs or devices prohibiting boating to be posted at the Putah Creek Fishing Access Area at such times as the flow of water at Monticello Dam exceeds the rate of 750 cubic feet per second. (§ 27, Ord. 360, as amended by § 1, Ord. 628, eff. February 16, 1970, § 1, Ord. 631, eff. April 29, 1970, and § 1, Ord. 954, eff. June 30, 1983)

It shall be unlawful for any person to swim in any area designated as a non-swimming area, or more than 200 feet from the shore, or outside the boundaries of a marked swimming area, or 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; provided, however, the provisions of this section shall not be construed to limit skin diving when areas for such activity are properly marked. (§ 20, Ord. 360)

(§ 18, Ord. 360; repealed by § 2, Ord. 1476, eff. December 22, 2016)

It shall be unlawful for any person to shoot any firearm or gun operated by compressed gases or a spring from any boat across or over any portion of the waters or any lake or reservoir; provided, however, the provisions of this section shall not prohibit the shooting of a shotgun from a boat or across lake or reservoir waters for the purpose of killing waterfowl during the lawful waterfowl hunting season. (§ 19, Ord. 360)

No provision of this chapter, except Section 9-1.10 prohibiting the operation of a boat while under the influence of intoxicating liquor or narcotic drugs, shall be construed to prohibit or restrict the operation of any boat actually competing in a race or regatta over a marked course which has been previously authorized in writing and which is actively supervised by the public agency or its duly authorized agent having jurisdiction over the waters of such racing course for such purpose, nor to conflict with any of the rules adopted by the agency or its agent supervising such race, which rules govern the type, size, construction, and equipment of the boats, the navigation regulations, and other rules governing the conduct of such races. (§ 25, Ord. 360)

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 which has been previously authorized in writing and which is actively supervised by the public agency or its duly authorized agent having jurisdiction over the waters on which the water show is conducted for such purpose. (§ 26, Ord. 360)

It shall be the duty of the Sheriff-Coroner to enforce the provisions of this chapter. (§ 31, Ord. 360)

It shall be unlawful for any person to traverse the waters within the County on an innertube, air mattress, or any other device capable of transporting a person on the water without wearing correctly a Coast Guard approved wearable Type I, Type II, or Type III personal flotation device; provided, however, the provisions of this section shall not apply if any State law or administrative regulation otherwise requires the carrying or exempts the carrying on board the vessel or device in question of other personal flotation devices. (§ 9, Ord. 750, eff. March 10, 1976)

(a) Penalties. Any person violating any provision of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be punishable as set forth in Chapter 2 of Title 1 of this Code.

(b) Notices to appear. Whenever a person is arrested for the violation of the provisions of this chapter 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 when and place where such person shall appear in court. The time set forth in the notice to appear shall be at least five (5) days after such arrest. The place set forth in the notice to appear shall be before a judge of any court having jurisdiction of the offense who is nearest and most accessible with reference to the place where the arrest was made.

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

(d) Bail: Appearance in court. The officer shall, as soon as practicable, file the notice with the magistrate specified therein. Thereupon the magistrate shall fix the amount of bail which, in his judgment, in accordance with the provisions of Section 853.6 of the Penal Code of the State, shall be reasonable and sufficient for the appearance of the defendant and shall endorse upon the bottom a statement signed by him in the form set forth in Section 853.6 of the Penal Code of the State. The defendant may, prior to the date upon which he 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 discretion, order that no further proceedings shall be had in such case. Upon the making of such order that no further proceedings shall be had, all sums deposited as bail shall forthwith be paid into the County treasury.

(e) Failure to appear: Warrants for arrest. Any person willfully violating his written promise to appear in court shall be deemed guilty of a misdemeanor, regardless of the disposition of the charge upon which he was originally arrested. When a person signs a written promise to appear at the time and place set forth therein, and has not posted bail as provided in said Penal Code, and fails to appear at the time and place specified, a warrant for his arrest shall be issued by the magistrate within twenty (20) days after the failure of such person to appear as promised. (§§ 28 and 29, Ord. 360)