Sec. 23-8. - Definitions.

For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section.

Motorboat. "Motorboat" means any device in, upon or which any person or property is or may be transported or drawn upon the waters of Russian River, in the county, except devices moved by human power, by sail or by gravity.

Russian River. "Russian River" includes the waters of the Russian River from the Mendocino County line to the mouth of the Russian River.

(Ord. No. 3308 § 1, 1984: Ord. No. 385 § 1; Ord. No. 140 §§ 1, 2.)

Sec. 23-9. - Speed restrictions.

(a)

Every owner, operator or person in command of any power boat or motorboat is guilty of a misdemeanor who operates it or permits it to be operated at a speed in excess of five (5) miles per hour adjacent to any bathing beach, swimming float, diving platform, life line, way or land float to which boats are made fast or which is used for the embarkation or discharge of passengers.

(b)

No person shall operate any motorboat at a speed in excess of five (5) miles per hour on that part of the Russian River from its mouth to Duncan Mills.

(c)

Every such person shall drive or operate such power boat or motorboat at all times at a careful and prudent speed, not greater than is reasonable or proper, having due regard to the traffic, width and use of the Russian River for boating and bathing.

(d)

In all charges for a violation of this section, speeds in excess of those set forth in subsection (a) of this section shall be taken as prima facie but not as conclusive evidence of a violation of this section.

(Ord. No. 3308 § 2, 1984: Ord. No. 385 § 2; Ord. No. 140 § 5.)

Sec. 23-10. - Repealed by Ord. No. 3308.

Sec. 23-11. - Passing beaches.

(a)

All motorboats traversing the waters of the Russian River, opposite any beach wherein the public congregate, or wherefrom swimmers or bathers bathe or swim, or whereon boats are moored, or from which boats or canoes are rented to the public, except when entering its mooring or stopping to take on or let off passengers, shall pass on the side farthest from the beach.

(b)

No motorboat shall, opposite any bathing beach, except when entering its mooring or stopping to take on or let off passengers, make any left or right hand turn, or be otherwise maneuvered other than in a general course up or down stream.

(Ord. No. 385 § 4; Ord. No. 140 § 7.)

Sec. 23-12. - Noise control.

No person shall drive or operate a motorboat upon the Russian River unless such motorboat shall have devices in good working order which shall be at all times in constant operation to prevent excessive or unusual noise, nor drive a motorboat when such motor is equipped with a muffler "cut-out" capable of being operated by the driver or occupant thereof.

(Ord. No. 385 § 5; Ord. No. 140 § 8.)

Sec. 23-13. - Races.

Speed boat or motorboat races may be held on the waters of the Russian River upon written permission first being obtained from the board of supervisors. Application for permission to hold speed boat or motorboat races shall be in writing and shall be filed with such board at least thirty (30) days prior to the proposed date of such speed boat or motorboat race. Such application shall set forth the place, date and time of the proposed speed boat or motorboat races and shall be signed by the person proposing to conduct such speed boat or motorboat races. After such investigation as it may deem necessary, the board of supervisors may grant permission to conduct motorboat races over courses established, marked and patrolled by authority of the county.

(Ord. No. 385 § 6.)

Sec. 23-14. - Special use areas.

(a)

No person shall operate a motorboat within fifty (50) yards of the shore of Penny Island during the months of February through June.

(b)

No person shall operate a motorboat near the sandbar at the mouth of the Russian River during the period of March 15th to June 15th annually in such a manner as to disturb fur-bearing mammals.

(Ord. No. 3308 § 3, 1984.)

Sec. 23-15. - River closure during floods and receding floods.

(a)

In order to ensure public health and safety, the public waterways (as defined in Section 100 of the California Harbors and Navigation Code) and navigable waters (as defined in Section 36 of the California Harbors and Navigation Code) of the Russian River will be closed to all vessel traffic, except authorized emergency rescue and patrol vessels operated by public safety or peace officers, from the Mendocino County line to the mouth of the Russian River when the river flows reach thirty-two feet (32′) as measured at the Guerneville Bridge (Hwy 116) and shall remain closed until the river flows recede to twenty-five feet (25′) as measured at the Guerneville Bridge (Hwy 116).

(b)

Every passenger, operator or person in command of any vessel (other than an authorized emergency rescue or patrol vessels described above) upon the Russian River when it has been declared closed pursuant to subsection (a) of this section is guilty of a misdemeanor.

(Ord. No. 5137 § 1, 1999.)