HomeMy WebLinkAboutMINUTES - 04032007 - C.33 4
TO: BOARD OF SUPERVISORS Contra
FROM: Mary N. Piepho, Supervisor, District 3
ntaiu Costa
DATE: April 3, 2007 ,-`� 4°
O�sT`i COUK�.G�~ Count
rte//�
SUBJECT: Ordinance Prohibiting Waterskiing
Q . 33
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS:
1. DIRECT County Counsel to forward a copy of the attached draft ordinance, which would
prohibit waterskiing on Indian Slough and on a portion of Werner Dredger Cut near
Discovery Bay, to the California Department of Boating and Waterways, pursuant to
California Harbors and Navigation Code section 660.
2. DIRECT the Sheriff's Office and County Counsel to prepare a final version of the attached
ordinance after receiving the response of the California Department of Boating and
Waterways, and to bring the ordinance to the Board of Supervisors for introduction and
subsequent adoption.
FISCAL IMPACT:
Minimal staff costs for forwarding the ordinance to the California Department of Boating and
Waterways. If the ordinance is adopted, enforcement costs will depend on the number of ordinance
violations.
BACKGROUND:
The attached ordinance would prohibit waterskiing, and all other activities where a person is towed
behind or alongside a vessel, on Indian Slough and on the portion of Werner Dredger Cut between
the Orwood Road bridge and the intersection of Indian Slough an a ogg Creek. These
waterways are located adjacent to and north of Discovery Bay.
CONTINUED ON ATTACHMENT: X YES GNATURE:
---------------------------------------------------------------------------------------------------------------- ----- ----------------------------------------------------
./RECOMMENDATION OF COUNTY ADMINISTRATOR ECOMME ION OF BOARD COMMITTEE
_ APPROVE OTHER
SIGNATURE(S):
------------------------------------- - --- -------- ---------------------------------------------------------------------------- ----------------------------
ACTION OF BOARD-ON i07"/I o / APPROVED AS RECOMMENDED OTHER
VOTE SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE
AND CORRECT COPY OF AN ACTION TAKEN
UNANIMOUS(ABSENT ) AND ENTERED ON THE MINUTES OF THE
BOARD OF SUPERVISORS ON THE DATE
AYES: NOES: SHOWN.
ABSENT: ABSTAIN: n a
ATTESTED / coo.01 W-a,F--
CONTACT:Lea Castleberry,Deputy Chief of Staff,820-8683 �N CULLEN,CLERK OF THE BOARD OF
SUPERVISORS AND COUNTY ADMINISTRATOR
CC: Sheriffs Office,Marine Patrol Division
County Counsel
BY ,DEPUTY
HA20070oard of Supervisors\waterski board order-.draft2.wpd
BACKGROUND (continued):
The purpose of the attached ordinance is to address a serious safety problem along the waterways
affected by the ordinance. These waterways have multiple blind turns. It is difficult for vessel
operators to navigate these blind turns and also avoid boats towing waterskiiers who stop or circle
back to retrieve downed waterskiiers. There have been several major injury accidents involving
waterskiiers and personal watercraft along these waterways in recent years, including some fatal
accidents.
The state Harbors and Navigation Code authorizes the County to adopt regulations that prohibit
waterskiing in portions of County waterways. Harbors and Navigation Code section 268 authorizes
counties to "adopt restrictions concerning the navigation and operation of vessels and water skis,
aquaplanes, or similar devices subject to the provisions of subdivision (a) of Section 660," and
extends this authority to all navigable waterways. Harbors and Navigation Code section 660(a)
authorizes counties to adopt ordinances that pertain to special-use areas. A "special-use area" is "all
or a portion of a waterway that is set aside for specified uses or activities to the exclusion of other
incompatible uses or activities." (Harb. & Nay. Code, § 651(v).) "Water skis, an aquaplane, or a
similar device" includes "all forms of water skiing, barefoot skiing, skiing on skim boards, knee boards,
or other contrivances, parasailing, ski kiting, or any activity where a person is towed behind or
alongside a boat." (Harb. & Nay. Code, § 651(bb).) The courts have upheld the authority of a county
to establish a special use area in a waterway where certain types of watercraft are excluded from the
area. (Personal Watercraft Coalition v. Marin County Bd. of Supervisors (2002) 100 Cal.App.4th
129.)
The attached ordinance would establish a special-use area on Indian Slough and on the portion of
Werner Dredger Cut between the Orwood Road bridge and the intersection of Indian Slough and
Kellogg Creek. The attached ordinance would ban, in that special-use area, all forms of water skiing,
barefoot skiing, skiing on skim boards or knee boards, parasailing, ski kiting, and any other activity
where a person is towed behind or alongside any type of vessel, including behind or alongside a boat
or behind or alongside a personal watercraft.
If the ordinance is adopted by the Board, the sheriff will be authorized to enforce it. (C.C.C. Ord.
Code, § 410-2.012.) The attached ordinance would authorize the sheriff to place regulatory markers
indicating the no ski zone at the boundaries of the special use areas. (14 CCR, § 7003.)
H1200TBoerd of Supervisors\waterski board.order-.dratt2.wpd
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