Ordinance 2965CITY OF ALAMEDA ORDINANCE NO. 2965
New Series
AMENDING ALAMEDA MUNICIPAL CODE SUBSECTION 23.
(OPERATION OFPOWER BOATS) OF SECTION 23.6 (HARBOR AND
TIDELANDS) OF CHAPTER XXIII (PARKS , RECREATION AREAS AND
PUBLIC PROPERTY) BY REPEALING SUBSECTION 23.2 IN ITS
ENTIRETY AND ADDING A NEW SUBSECTION 23.2 (OPERATION
OF POWER BOATS) THAT INCORPORATES SPEED. LIMITS FOR
VESSELS. PROPELLED BY MACHINERY IN AN ESTUARY OR
CHANNEL AND CONTINUES THE PROHIBITION OF POWER BOAT
OPERATION IN LAGOONS
WHEREAS, the requirements of the California Environmental Qualiy Act
of 1970 (CEQA) have been satisfied and in accordance with Section
15061 (b)(3), of the California Code of Regulations this project is exempt from
the provisions of CEQA.
BE IT ORDAINED by the Council of the City of Alameda that:
Section 1.The Alameda Municipal Code is
...
hereby amended by
repealing subsection 23.(Operation of Power Boats) of section 23.
(Harbors and Tidelands) of Chapter XXIII (Parks , Recreation Areas and Public
Property) in its.entirety.
Section 2 The Alameda Municipal Code is hereby amended by
adding a new subsection 23.2 (Operation of Power Boats) of section . 23.
(Harbors and Tidelands) of Chapter XXIII (Parks , Recreation Areas and Public
Property) to read as follows:
23.6 HARBORS AND TIDELANDS.
23.Operation of Power Boats.
a. Speed limit for vessels propelled by machinery in an estuary or channel.
No person shall operate any power boat or other motor powered vessel at a
speed in excess of five (5) miles per hour in the following areas of an estuary or
channel:
1. Within 100 feet of any person who is engaged in the act
bathing. A person engaged in the sport of water skiing shall not be considered
as engaged in the act of bathing for the purposes of this section.2. Within 200 feet of any of the following:
(a) a beach frequented by bathers
(b) a swimming float , diving platform , or lifeline
(c) a way or landing float to which boats are made fast or which is
being used for the embarkation or discharge of passengers.
3. No person shall operate a vessel in an estuary or channel in such
a manner that the speed thereof interferes with the operation . of any other
vessel.
4. The City of Alameda may establish prima facie speed limits for
any area of an estuary or channel by posting such limits. in or at the entrances
to such areas. When areas are so posted, the speed limits shall be as fully
effective as ifspecified herein.
5. Employees of governmental agencies are exempt from this
section while acting in the course of their official duties.
6. The City of Alameda theCity of Oakland , the County of Alamedaand the respective law enforcement officials thereof are. given concurrent
jurisdiction and authority with the chief of police to enforce the provisions of this
section.
7. Any violation of this section is an infraction subject to the
provisions of California Government Code section 36900(b).
b. Operation of Power Boats Prohibited in Lagoons. Itshallbe unlawfulfor
any owner , operator or person in command of any power boat to operate same
or permitit to be operated upon those certain enclosed bodies of watersituated
within the City, being commonly known and described as the South Shore
Lagoons , the bodies of water being generally along the line of Otis Drive.
Section 3 This ordinance shall be in full force and effect from and
after expiration of thirty (30) days from the date of its final passage.
Lara Weisiger , City C(e
City of Alameda
Attest:
, the undersigned , hereby certify that the foregoing Ordinance was duly and
regularly adopted and passed by the. Council of. the City of Alameda in a regular
meeting assembled on the 1 st day of May, 2007 by the following vote to wit:
AYES:Councilmembers deHaan , Gilmore, Tam and
Mayor Johnson - 4.
NOES:None.
ABSENT:Councilmember Matarrese - 1.
ABSTENTIONS:None.
IN WITNESS , WHEREOF , I have hereunto set my hand and affixed the official seal of
said City this 2 day of May, 2007.