Yuba County Municipal Code Ch. 8.57 Special Use Area at the Daguerre Point Diversion Dam

The Board of Supervisors of Yuba County hereby finds that the Daguerre Point Diversion Dam presents a severe danger to those who participate in water activities on the Yuba River.

(Prior Code, § 8.57.010; Ord. No. 784)

Swimming, walking or wading on the Daguerre Point Diversion Dam or purposefully going over the dam with or without the use of an inflated tube or other floatation device is prohibited.

(Prior Code, § 8.57.020; Ord. No. 784)

Except for fire, law enforcement, scientific research authorized by Federal, State, or local governmental entities, facility maintenance or emergency water craft, no water craft powered by internal combustion gasoline or diesel engines shall be launched into or used upon the Yuba River above the Daguerre Point Diversion Dam. Watercraft powered by an electrical motor are permitted to be launched into, travel upon and be recovered from the Yuba River above the Daguerre Point Diversion Dam.

(Prior Code, § 8.57.021; Ord. No. 1322)

Any person who violates any of the provisions of this Chapter shall be guilty of a misdemeanor, and upon conviction thereof is punishable by imprisonment in the County Jail for a term not to exceed six months or a fine of $1,000.00 or both such fine and imprisonment.

(Prior Code, § 8.57.030; Ord. No. 784; Ord. No. 1322)

State Law reference— Penalties for ordinance violations, Government Code § 25132, Penal Code § 19.

If any section, subsection, sentence, clause, phrase, provision or portion of this Chapter, or the application thereof to any person or circumstances, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions or provisions of this Chapter or their applicability to distinguishable situations or circumstances. In enacting this Chapter, it is the desire of the Board of Supervisors to validly regulate to the full measure of its legal authority in the public interest, and to that end, the Board of Supervisors declares that it would have adopted this Chapter and each section, subsection, sentence, clause, phrase, provision, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions thereof might be declared invalid or unconstitutional in whole or in part, as applied to any particular situation or circumstances, and to this end the provisions of this Chapter are intended to be severable.

State Law reference— Similar provisions, Government Code § 23.