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HomeMy WebLinkAboutORD NO 3024ORDINANCE NO. 3024 NEW SERIES AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD ADDING CHAPTER 8.38 TO THE BAKERSFIELD MUNICIPAL CODE RELATIVE TO GROUNDWATER RECHARGE BASINS - OPERATION OF MOTORIZED WATERCRAFT PROHIBITED. WHEREAS, the operation of motorized watercraft, espe- cially those commonly referred to as "jet skis," "wet bikes," and "surf jets," in and on groundwater recharge basins within the City constitutes threats to the public health, property and safety because such basins and access thereto are not intended or designed for such activity, such activity generates unacceptable levels of noise, and such activity constitutes a threat to the safety of persons swimming, floating or operating sail-powered craft thereon; and NOW, THEREFORE, BE IT ORDAINED by of Bakersfield as follows: SECTION 1. Chapter 8.38 is hereby added to Code to read as follows: Sections: the Council of the City the Bakersfield Municipal GROUNDWATER RECHARGE BASINS OPERATION OF MOTORIZED WATERCRAFT PROHIBITED 8.38.010 8.38.020 8.38.030 8.38.010 Groundwater recharge basin defined. Operation of motorized watercraft prohibited. Violation - penalty. Groundwater r~harge basin defined. As used in this chapter, "groundwater recharge basin" means a basin or ponding area owned by a public agency and designed or modified to store water for purposes of percolation and consequent recharge of the supply of groundwater and desig- nated as such by the City's Director of the Department of Water Resources. Upon designating a basin or ponding area as a ground- water recharge basin, the Director of the Department of Water Resources shall cause such basin or ponding area to be posted along any perimeter accessible to the public with signs not more than three hundred (300) feet apart giving notice of the conduct prescribed by this chapter. 8.38.020 Operation of motorized craft prohibited. A. It is unlawful for any person to operate any motor- powered watercraft on, over or under the surface of the water in a groundwater recharge basin posted as specified in this chapter. B. This section shall not apply to public employees operating within the course and scope of their employment. 8.38.030 Violation - penalty. Any person who violates any of the provisions of this chapter shall be guilty of an infraction and upon conviction shall be punishable by: A. A fine not exceeding ONE HUNDRED DOLLARS ($100.00) for a first violation; B. A fine not exceeding TWO HUNDRED DOLLARS ($200.00) for a second violation within one year; C. A fine not exceeding FIVE HUNDRED DOLLARS ($500.00) for each additional violation within one year. SECTION II. This ordinance shall be posted in accordance with the City Charter provisions and shall become effective thirty (30) days from and after the date of its passage. .......... o0o .......... -2- I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield at a regu- lar meeting thereof held on the 16th day of April , 198--6, by the following vote: APPROVED this 16th CITY CLERK and Ex Officio Clerk of Council of the City of Bakersfield day of April , 1986 the ~..._-.--~-//~..~ ,,,~..~ ~/~. /.,.~'~-./.~ .... ~YOR of the City o~ B~ersfield APPROVED as to form: CITY ATTORNEy/of the C~F~ of Bakersfield ADD:kda 40-TRUX1 -3- Afft avt! of osltng ( r tnam:es STATE OF CALIFORNIA t ss. County of Kern CAROL WILLIAMS, Being duly sworn, deposes and says: That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and that on Apr±l 23 , 19 86 , she posted on the Bulletin Board at the City Hall, a full, true and correct copy of an ordinance passed by the Council of said City at a meeting thereof duly held on April 16 , 19 86 , which ordinance was numbered 3024 New Series, and entitled: AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD ADDING CHAPTER 8.38 TO THE BAKERSFIELD MUNICIPAL CODE RELATIVE TO GROUNDWATER RECHARGE BASINS - OPERATION OF MOTORIZED WATERCRAFT PROHIBITED. City Clerk Subscribed and sworn to before me this 2_3 day of ........ .Sp~.!.l ........................,19...~.~.