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)