HomeMy WebLinkAboutOrdinance 2193 - Amending Chapter 10.26 ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF REDDING AMENDING REDDING MUNICIPAL CODE
CHAPTER 10.26, SACRAMENTO RIVER AREA
REGULATIONS.
The City Council of the City of Redding does ordain as follows:
Section 1. Redding Municipal Code Chapter 10.26, Sacramento River Area
Regulations, is amended to read as follows:
Chapter 10.26
SACRAMENTO RIVER AREA REGULATIONS
Sections:
10.26.010 Findings and Purpose
10.26.020 Findings Regarding a Split-Speed Zone of 25 Miles Per Hour and 5 Miles
Per Hour
10.26.030 Definitions
10.26.040 Speed
10.26.050 Exceptions
10.26.060 Littering
10.26.070 Violations/Penalties.
10.26.010 Findings and Purpose.
A. The purpose of this chapter is to exercise the police power of the City in order to protect
the Sacramento River Area as an aesthetic and fish and wildlife resource so that it may be
enjoyed by the majority of the community.
B. In addition to the regulations contained in this chapter, use of the Sacramento River Area
within the City of Redding shall be governed by all applicable sections of the California w
Harbors and Navigation Code as the same may be from time-to-time amended; and all
applicable regulations of the Department of Boating and Waterways and the United States
Coast Guard as they may be from time-to-time amended. To the extent that a conflict
might exist between this chapter and any of the aforementioned statutes or regulations,
enforcement shall be based upon the most strict provision found within this chapter, the
statutes, or regulations.
10.26.020 Findings Regarding a Split-Speed Zone of 25 Miles Per Hour and 5 Miles Per
Hour.
A. The Sacramento River is a navigable river both at law and in fact.
B. A split-speed zone of 25 miles per hour when proceeding upstream and 5 miles per hour
when proceeding downstream in the portion of the Sacramento River Area between the
southerly side of the State Highways 299/44 bridge and Keswick Dam will not impair the
ability of motorized vessels and personal watercraft to navigate said portion of the area to
any greater extent than navigability of such area is now impaired by the configuration of
the river bed during different levels of flow as controlled by the Keswick and Shasta
Dams.
C. The portion of the Sacramento River Area located between the.southerly side of the State
Highways 299/44 bridge and Keswick Dam is an area which, at different seasons of the
year, is a natural habitat to numerous species of fish and wildlife, including, but not
limited to, deer, beaver, trout, salmon, steelhead, ducks, geese, eagles, and common birds
of every variety. Motorized vessels and personal watercraft subject to a split-speed zone
will have less impact on and cause less disturbance to such fish and wildlife than
motorized vessels and personal watercraft moving at higher speeds.
D. The portion of the Sacramento River Area located between the southerly side of the State
Highways 299/44 bridge and Keswick Dam is in an area in which both the City and private
entities have invested substantial effort and funds to create an area for citizen activities that
have a small or non-existent detrimental impact on the Sacramento River Area, and are
reflective of, and supportive of, such uses. Examples are the Redding Convention Center,
the Sacramento River Trail, the Redding Arboretum by the River, the Turtle Bay Park and
Museum, a Bird Sanctuary, Lake Redding Park and Caldwell Memorial Park.
E. The presence of motorized vessels and personal watercraft operating at speeds in excess
of 5 miles per hour when proceeding downstream in that portion of the Sacramento River
Area located between the southerly side of the State Highways 299/44 bridge and Keswick
Dam presents a threat to the public health and safety as a result of the increased noise
levels created by the internal combustion engines, both below and above the water, and
detrimentally affects the fish and wildlife habitats in the area and the citizens who are using
the amenities constructed in said areas by the City and private entities. A speed of 25
miles per hour when proceeding upstream is appropriate to permit large vessels to operate
"on plane" for the purpose of minimizing damage to the streambed caused by such vessels
when operating at excessively low speeds.
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F. This amended ordinance enacting certain speed zones is adopted pursuant to the police
powers of the City of Redding granted by the California Constitution, Article XI,
section 7, and the statutory authority conferred upon local governments by Harbors and
Navigation Code sections 268, subdivision (a), and 660, subdivision (a).
G. This ordinance is necessary to promote and to protect the public health and safety.
10.26.030 Definitions.
The following words and phrases when used in this chapter shall, for the purposes of this
chapter, have the meanings respectively ascribed to them by this section:
A. "Motorized vessel" means any boat or vessel whose principal means of propulsion is by
an internal combustion, electrical or mechanical engine, either inboard or outboard.
B. "Personal watercraft" is any motorized vessel which has an internal combustion engine
powering a water jet pump or a fully-covered propeller chamber as its primary source of
motor propulsion, and which is designed to be operated by a person sitting, standing, or
kneeling on the vessel rather than the conventional manner of sitting or standing inside the
vessel. The term shall include those vessels commonly known as "Jet Skis," "Wet Bikes,"
Surf Jets" and Sea-Doo."
C. "Sacramento River Area" means the main channel of the Sacramento River; adjacent
waterways accessible from the main channel; ponds or other bodies of water which
through seepage or otherwise are influenced by the level of the Sacramento River; and
those areas subject to flooding by the Sacramento River, all as they may exist within the
corporate limits of the City of Redding.
10.26.040 Speed.
A. No person shall operate any motorized vessel or personal watercraft at a speed in excess
of 25 miles per hour in the Sacramento River Area beginning at the most southerly
boundary of the corporate limits of the City and ending at the southerly side of the State
Highways 299/44 bridge.
B. No person shall operate any motorized vessel or personal watercraft at a speed in excess
of 25 miles per hour when proceeding upstream in relation to any adjacent land mass or
in excess of 5 miles per hour when proceeding downstream in relation to the speed of the
water surface in the Sacramento River Area beginning immediately north of the southerly
side of the State Highways 299/44 bridge and ending at Keswick Dam.
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.... ... ... ... ...
C. Speed of the motorized vessel or personal watercraft shall be measured in relation to any
adjacent land mass, and may be measured by the utilization of a radar speed-measuring
device.
10.26.050 Exceptions.
The regulations contained within this chapter shall not apply to:
A. Any motorized vessel or personal watercraft owned, operated, or controlled by the United
States or by a California or Shasta County Agency.
B. Any motorized vessel or personal watercraft engaged in bona fide emergency or rescue
operations or other operations conducted solely to protect public safety and health.
C. The Director of Development Services or a designated representative may issue an
administrative use permit, upon such terms and conditions deemed necessary to protect the
public peace, health, and safety, for the exclusive use of any portion of the Sacramento
River Area, to any organization, group, or person which intends to stage a special event
which in his or her opinion is of a general public interest.
10.26.060 Littering.
Any person who operates any motorized vessel on or within the Sacramento River Area
shall not dispose of any materials, other than normally disposable fishing items, in the Sacramento
River Area. Raft rental or other similar rental operations shall provide receptacles for litter to be
maintained within each raft or boat while on the Sacramento River Area. Rental operators shall
charge a $5 litter deposit which shall be refunded to the rental customer upon return of the litter
receptacle.
10.26.070 Violations/Penalties.
Violations of this chapter are declared to be infractions, and violators shall be punishable
as follows:
A. A fine not to exceed $100 upon the first conviction;
B. A fine not to exceed $200 upon the second conviction within one year of the first
conviction;
C. A fine not to exceed $350 for a third conviction within a one-year period;
D. A fine not to exceed $500 for a fourth or any subsequent conviction within a one-year
period.
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Section 2. On the basis of the initial study and comments received, there is not
any substantial evidence that the project will have a significant effect on the environment;
therefore, the negative declaration heretofore prepared is approved.
Section 3. This ordinance shall take effect 30 days after the date of its adoption,
and the City Clerk shall certify to the adoption of this ordinance and cause its publication
according to law.
I HEREBY CERTIFY that the foregoing ordinance amending Redding Municipal Code
Chapter 10.26, Sacramento River Area Regulations, was introduced and read at a regular meeting
of the City Council on the 7th day of October, 1997; and read and adopted at a regular meeting
of the City Council on the 21st day of October, 1997, by the following vote:
AYES: COUNCIL MEMBERS: R. Anderson, Kehoe, McGeorge and Murray
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: P. Anderson
ABSTAIN: COUNCIL MEMBERS: None
K. D. MUR Y, Viceay r
Attest.-
Connie
ttest.Connie Strohmayer, Clerk
Form Approved.
W. Leonard Wingat ity Attorney
In the Superior Court of the State of California
in and for the County of Shasta
--------------------
CERTIFICATE OF PUBLICATION
-------------------- _.
ORDINANCE NO.2193
AN ORDINANCE OF THE CITY'COUNCIL OF THE CITY OF RED-
DING AMENDING REDDING.MUNICIPAL CODE CHAPTER 10.26,
SACRAMENTO RIVER AREA REGULATIONS.
,'-The City Council.of the City of Redding,does ordain as fol-.
lows: .
Section 1. Redding Municipal Code.Chapter 10.26,Sacramen-
No.2y 93 to River Area Regulations,is amended to read as follows:
1
,Chapter10.26 -
SACRAMENTO RIVER AREA REGULATIONS,
Sections:.�v ,..
Public Notice v,, 1.� .
�� ,�i=1e•;.�';V'ri�:?i ;_ aoi+ia i dt+ !
10.26.010,'findings andPurpose wsir)rIph I
City of Redding 10 26 020! F+ddings'Regarding a Split-Speed Zone of:,25'Miles I
�'Per.Hour:and'5'Miles Per Hour
�:10.26.030z[)efinitionsz,. ;" "�^'1" •�^P1`�' I:
10.26.040 Speed ,
State of California 10.26.060,Exceptions:
...10.26.070 Violations/Penalties. '
County of Shasta 10.26.610
Findings and Purpose. '
93 HO 146!I/ialuno3 l!elay ;r
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