Sec. 23-1. - Unlawful to engage in work or operations that decrease water clarity.

(a)

It is unlawful to conduct or carry on any work or operations which will in any way pollute, contaminate or roil the waters of any river or stream in Sonoma County in such manner as to decrease the clarity of the waters.

(b)

It is unlawful to deposit in or cause, suffer or procure to be deposited in, permit to pass into, or place where it can pass into, the waters of any river or stream in Sonoma County any debris, tailings, effluent or other substance from any source or operation whatsoever that decreases the clarity of the waters of any river or stream in Sonoma County.

(c)

It is unlawful to discharge or deposit or permit the discharge or deposit of any substance or material into any of the waters of any river or stream in Sonoma County which shall cause any condition therein that is detrimental to fish life, bird life or plant life or which may be injurious to public health, except as hereinafter set forth.

(d)

Except to construct dikes, dams or settling ponds, it is unlawful to engage in gravel removal, gravel digging, gravel washing or gravel processing work or gravel operations in the waters of any river or stream in Sonoma County, except as hereinafter set forth.

(e)

Except as hereinafter set forth it is unlawful to engage in any other work or operations that decrease the clarity of the waters of any river or stream in Sonoma County.

(Ord. No. 3836R §§ 2—6, 1988.)

Sec. 23-2. - Unlawful actions declared public nuisance.

Any work or operation which causes or contributes in whole or in part to any condition which is prohibited by this article is a public nuisance; and any person, firm, corporation or political entity maintaining or permitting the same shall be guilty of maintaining a public nuisance and it shall be the duty of the district attorney of the county of Sonoma to bring an action to abate the public nuisance.

(Ord. No. 3836R § 7, 1988.)

Sec. 23-3. - Permit required.

In the event that any person, firm, corporation or political entity shall find it necessary to do any work or to perform any operations, for the purpose of protecting property riparian to a river or stream in Sonoma County or for the purpose of constructing dams, exclusively for recreational purposes, or for the purpose of doing construction work on riparian property in such a manner as to decrease the clarity of the waters of the river or stream, or to construct dikes, dams and settling ponds in connection with gravel removal, gravel washing or other gravel operations in such a manner as to decrease the clarity of the waters of the river or stream, or to construct dikes, dams or settling ponds in connection with any gravel removal, gravel digging, gravel washing or gravel processing work or other gravel operations in the waters of any river, or stream in Sonoma County, the person, firm, corporation or political entity shall first file an application for a permit with the board of supervisors in which the applicant shall state the manner in which the work or operations will be performed, and if after an investigation by the board of supervisors it is apparent to the board of supervisors that the work or operations are necessary and that the work or operations will be performed in a manner which will not unreasonably decrease the clarity of the waters of the river or stream, the board of supervisors by a four-fifths vote shall issue a written permit to do the work or perform the operations, stating in the permit the time within which the work or operations shall be completed and its approval of the manner in which the work or operations shall be performed; and the holder of the permit must perform the work within the time provided and in accordance with the provisions of the permit. No permit shall be valid for a period longer than thirty (30) days, except that upon proper application to the board of supervisors a permit may be extended by a four-fifths vote for additional periods of not more than thirty (30) days each. In the event of a violation of any of the terms of the permit, the permit must be immediately revoked by the board of supervisors. Such revocation may be by majority vote.

(Ord. No. 3836R § 8, 1988.)

Sec. 23-4. - Violation—Penalty.

It is declared to be unlawful and a misdemeanor for any person, firm, corporation or political entity to violate any of the provisions of this article, and each violation is declared to be a misdemeanor, and is made punishable by a fine not to exceed five hundred dollars ($500.00) or by imprisonment for a term not to exceed six (6) months, or by both such fine and imprisonment.

(Ord. No. 3836R § 9, 1988.)