ORDINANCE
NO. 730
AN
ORDINANCE OF THE COUNTY OF RIVERSIDE PROHIBITING
PERSONS
AND VESSELS FROM THAT PORTION OF LAKE
ELSINORE
WHICH HAS EXPANDED INTO THE
UNINCORPORATED
AREA OF RIVERSIDE COUNTY
The Board of Supervisors of
the County of Riverside, State of California, Ordains as Follows:
Section 1. FINDINGS. The Board of Supervisors finds that
the following facts exist:
(a) The
water level of Lake Elsinore has risen due to recent winter rains, submerging
land located in the south east portion of the lake within the unincorporated
area of Riverside County.
(b) The
State of California, Department of Parks and Recreation has requested the
County to adopt an emergency ordinance, prohibiting persons and vessels from
using lake waters east of the boundary of the Lake Elsinore Recreation Area
within the unincorporated area of Riverside County, because the area is
littered with objects such as fences, trees, old cars, chicken coops and a
bulldozer type vehicle which are now submerged by lake waters.
(c) The
Harbors and Navigation Code, Section 660, subdivision (c)(1) authorizes the
adoption of emergency measures by the County relating to boats and vessels
using any waters within the jurisdiction of the County, where the measures are
required to insure the safety of persons or property because of disaster or
other public calamity. The submerged objects are a potential hazard to vessels
and recreational users of Lake Elsinore.
(d) The
State Department of Parks and Recreation has agreed to post the area by placing
"No Vessels" buoys along the south east boundary of the Lake Elsinore
Recreation Area, and to monitor the area and enforce the ordinance pursuant to
Public Resources Code Section 5008, subdivision (b).
Section 2. PROHIBITION. No person may operate a vessel,
swim, wade or otherwise use the waters of Lake Elsinore, from the south east
boundary of the Lake Elsinore Recreation Area within the unincorporated area of
the County of Riverside and marked with "No Vessels" buoys by the
State Department of Parks and Recreation.
Section 3. EXEMPTION. Section 2 of this
ordinance shall not apply to employees or designees of the State Department of
Parks and Recreation and the County of Riverside having a duty to be present.
Section 4. VIOLATIONS
AND PENALTIES. It
shall be unlawful for any person to violate any provision of this ordinance.
Any person violating any provision of this ordinance shall be deemed guilty of
an infraction or misdemeanor as hereinafter specified. Such person shall be
deemed guilty of a separate offense for each and every day or portion thereof
during which any violation of any of the provisions of this ordinance is
committed, continued, or permitted.
Any person so convicted
shall be (1) guilty of an infraction offense and punished by a fine not
exceeding one hundred dollars ($100.00) for a first violation; (2) guilty of an
infraction offense and punished by a fine not exceeding two hundred dollars
($200.00) for a second violation. The third and any additional violations shall
constitute a misdemeanor offense and shall be punishable by a fine not
exceeding one thousand dollars ($1,000.00) or six (6) months in jail, or both.
Notwithstanding the above, a first offense may be charged and prosecuted as a
misdemeanor. Payment of any penalty herein shall not relieve a person from the
responsibility for correcting the violation.
Section 5. DURATION. This ordinance shall take effect
immediately upon adoption. The facts constituting the necessity of adopting
this ordinance as an emergency ordinance are as follows:
To
immediately preserve and protect the public welfare from the danger of
submerged objects due to the recent rainfalls causing the water level of Lake
Elsinore to rise and extend onto the unincorporated area of Riverside County.
Pursuant to Harbors and
Navigation Code Section 660, subdivisions (c)(2) and (3), this ordinance shall
remain in effect for sixty (60) days after its adoption, unless a longer period
is authorized by the California Department of Boating and Waterways.
ADOPTED: 4-13-93 (Eff.:
4-13-93)