* For statutory provisions regarding Pollution Control Board meetings, see Gov. Code § 11015; for provisions regarding regional Water Pollution Control Boards, see Gov. Code § 12805.

This chapter shall apply to all lakes and boating areas within the county of Madera. (Ord. 305-D § 1, 1982).

A. “Aquaplane,” as used in this chapter, means any plank, surfboard, ski kite or other device used for the recreation, transportation, conveyance or carrying of a person or persons and which is towed, pulled or drawn by a boat by means of a rope, chain, cable, wire or other flexible connection.
B. “Authorized officer,” as used in Article I of this chapter means the sheriff, acting personally or by and through his lawfully appointed deputies; or any other persons appointed by him in writing to act for and on his behalf to make pollution inspections, collect pollution inspection fees, and to enforce the safety provisions of the Harbors and Navigation Code, together with the safety and pollution provisions of this chapter in connection with particular use areas on any boating area.
C. “Boat,” as used in this chapter, means any vessel, craft or device, other than an aquaplane, in or upon which a person or persons or property may be transported, conveyed or carried upon, over or through the water.
D. “Boating area,” as used in Article I of this chapter, means any lake, pond, pool, body of water impounded or stored by or behind a dam, dike, or levee, body of water in a reservoir, or any other body of standing water, whether natural or artificial, within the county; or any portion of any lake, pond, pool, body of water impounded or stored by or behind a dam, dike, or levee, body of water in a reservoir, or any other body of standing water, whether natural or artificial within the county. The provision of Article I of this chapter is intended to apply to any area opened to boating where the sheriff has established inspection stations, pollution control, patrol for safety, and the collection of pollution inspection fees.
E. “Person,” as used in Article I of this chapter, means and includes any person, firm, partnership, association, corporation, company, estate, trust or organization of any kind.
F. “Pollution,” as used in Article I of this chapter, means an impairment of the quality of the waters of the state by sewage or any other substance or material of any nature whatsoever, which does not create an actual hazard to public health but which does adversely and unreasonably affect such waters for domestic or recreational use.
G. “Pollution control permit,” as used in Article I of this chapter, means a permit issued by the sheriff for a fee regulating the inspection and control of the special use areas upon any boating area which must be policed by the sheriff.
H. “Pollution inspection fee,” as used in Article I of this chapter, means that fee for pollution inspection for special use areas including but not limited to a contribution for pollution control in connection with the particular special use area.
I. “Power boat,” as used in Article I of this chapter, means any boat as defined in this section which is propelled, operated, or moved by means of motors, including internal combustion engines; and including boats temporarily or permanently equipped with detachable motors. Any airplane designed or equipped to land or take off from water is a “power boat” as used in this chapter.
J. “Special use area,” as used in Article I of this chapter, means a part of a boating area designated by the sheriff for particular and exclusive use of any recreation activity or supporting activity. Such “special use area” shall be clearly designated by posting of maps. Appropriate revisions thereof shall be made by the sheriff as required to control pollution and safety of swimmers and other users of the boating area and environs.
K. “Personal watercraft” means a small vessel which uses an internal combustion engine powering a jet pump or propeller. It is designed to carry one or more persons and to be operated by a person sitting, standing, or kneeling on or astride the vessel, rather than sitting, standing or kneeling inside the vessel. A personal watercraft is a power boat as defined in subsection I above and its use is subject to all state, local and federal regulations governing the operation of power boats of similar size. (Ord. 305M § 1, 2002; Ord. 305J § 1, 1996; Ord. 305-G § 1, 1985; Ord. 305-E § 1, 1984; Ord. 305-D §§ 2, 3 and 4, 1982; Ord. 305-C § 1, 1981; Ord. 305-A, § 1, 1967; Ord. 305 §§ 1--10, 1966).

A. Every owner, lessee, bailee, or other person having the possession or right of use of a boat shall, immediately after launching said boat, proceed to the pollution inspection centers established by the county and there make application for and obtain a pollution control permit as provided in this chapter. No pollution control permit shall be issued for a boat which has not been registered with the Division of Small Craft Harbors of the state.
B. No pollution control permit shall be issued to a boat equipped with a toilet unless such toilet is in compliance with federal marine sanitation device regulations. An authorized officer shall have the authority to inspect each boat to determine compliance with said regulations. (Ord. 305-G § 4, 1985; Ord. 305 § 11(part), 1966).

The application for a pollution control permit for special use areas shall be upon a form prescribed and furnished by the sheriff and shall set forth thereon the following information:
A. The name of the owner of the boat;
B. The post office address of the owner;
C. The residence of the owner;
D. Any other information pertaining to the boat and the owner as may be required by the sheriff. (Ord. 305 § 12, 1966).

Any authorized officer shall, upon receipt of such an application, correctly completed, make a pollution inspection in connection with the special use area in which the boat is to be used, operated and maintained, and if upon said pollution inspection said boat is approved by said authorized officer, he shall, upon the payment of the application fee hereinafter specified, issue to the owner or occupant thereof a pollution control permit to operate said boat. Said permit shall be kept in said boat and be available for inspection at all times. (Ord. 305 § 13, 1966).

No pollution control permit shall be issued for the operation and use of any power boat which is designed and built for the operator only, or any power boat which has less than eight inches free board unless said boat is equipped with a device which, in the event the operator is dislodged from said boat, will render the boat inoperative or idle it so that the speed of said boat will not exceed five miles per hour. (Ord. 305 § 14, 1966).

Upon the pollution inspection, when the boat has been approved by the authorized officer as to condition, safety of construction, seaworthiness and equipment, and is found not to be a pollution hazard, the distinguishing number shall be placed upon the hull and on the starboard side ten inches aft of the state registration sticker. (Ord. 305-I § 1, 1991: Ord. 305-E § 4, 1984: Ord. 305 § 15, 1966).

The boating area at Bass Lake is divided into the following special use areas:
A. Swimming;
B. Fishing;
C. Boating;
D. Water skiing;
E. Boating exhibitions;
F. Personal watercraft.
(Ord. 305J § 2, 1996: Ord. 305-G § 2, 1985: Ord. 305-E § 5, 1984: Ord. 305 § 16, 1966).

The operation of personal watercraft upon Bass Lake is restricted to the personal watercraft special use areas, except as follows:
A. Personal watercraft shall take as direct a route as possible when traveling to a special use area or traveling from one area to another. During such times the normal boat patterns on the lake (counter clockwise) shall be used.
B. Personal watercraft that are designed to carry more than three persons may tow water skiers or other aquatic devices, provided that while so engaged they use the normal boat patterns and adhere to the Harbor and Navigation’s Code provisions requiring an observer and seating space for the skier. (Ord. 305M § 2, 2002: Ord. 305J § 3, 1996: Ord. 305-G § 3, 1985: Ord. 305-F § 1, 1984).

There is a direct relationship between the pollution hazards of a boat and its size and power. The authorized officer shall charge and collect pollution and inspection fees, as those fees are established by resolution. (Ord. 305-H § 1, 1986: Ord. 305-D § 5, 1982: Ord. 305-B § 1, 1977: Ord. 305 § 17, 1966).

For the purpose of inspection and permits, every boat will be considered as a power boat which is intended to be used, and is used, with a motor, although the motor may not be attached to the boat at the time of inspection, and is of a portable type. In determining horsepower ratings, original manufacturer’s specifications of boat or motor shall prevail unless obvious engine modifications are apparent. If such modifications are apparent these boats and/or motors will advance to the next higher bracket of pollution control permit fees. Such modifications shall be determined by the sheriff of the county. (Ord. 305 § 18, 1966).

The permit shall expire at midnight on the 31st day of December of the year in which the permit is granted. (Ord. 305 § 19, 1966).

It is unlawful to operate, cause to be operated, use, or permit or allow the use and operation upon a boating area of a boat for which there is no valid pollution control permit. (Ord. 305L § 1, 1999: Ord. 305 § 20, 1966).

It is unlawful for any person to use, operate, drive, or propel any power boat on any boating area between the hours of sunset or eight p.m., whichever occurs earlier, and eight a.m. of the following day at a speed greater than five miles per hour. (Ord. 305L § 2(part), 1999; Ord. 305-D § 7, 1982: Ord. 305 § 22, 1966).

No person shall operate a vessel or any type of watercraft at a speed in excess of forty miles per hour on Bass Lake during those periods when red warning flags are being flown at the direction of the sheriff. Red warning flags shall be flown during those periods when congested conditions, rough water, limited visibility or when any other condition exists which would make operation of a watercraft in excess of forty miles per hour hazardous or otherwise unsafe. This section shall not supersede any existing speed limit in any area of Bass Lake, and shall not supersede those speed limits imposed by state law for the protection of bathers, beaches used by bathers, landing floats, swimming floats, lifelines and diving platforms. (Ord. 305N § 1, 2005).

Every motorized watercraft shall at all times be equipped with an adequate muffler in constant operation and properly maintained to prevent any excessive or unusual noise. Exhaust noise substantially louder than the watercraft’s motor shall be considered excessive. (Ord. 305N § 2, 2005).

No person shall operate a vessel on any boating area towing a person or persons on water skis, or aquaplane or similar device nor shall any person engage in water skiing, aquaplaning, or other similar activity at any time between the hours of sunset or eight p.m., whichever occurs earlier, and eight a.m. of the following day. (Ord. 305-E § 8, 1984: Ord. 305 § 24, 1966).

It is unlawful for any person to operate or use a boat or aquaplane at a speed in excess of five miles per hour, or for any person to ski or aquaplane within one hundred feet of the boundaries or limits of any fish spawning area marked or designated under the authority of the Fish and Game Commission of the state of California or of the National Forest Service of the United States. (Ord. 305L § 2(part), 1999; Ord. 305-C § 2, 1981: Ord. 305 § 25, 1966).

It is unlawful for any person to use, operate, drive, or propel any power boat or aquaplane in other than a counterclockwise pattern as the same may be marked by traffic signs or buoys, with buoys to the immediate right of the boat or aquaplane. (Ord. 305L § 2(part), 1999; Ord. 305-C § 4, 1981: Ord. 305 § 27, 1966).

No person shall operate a vessel on any boating area towing a person or persons who is water skiing in a manner in which the skier leaves the surface of the water for any amount of time, other than for a jump, and is lifted from the surface of the water by using a device for such purposes; nor shall any person water ski in a manner in which the skier leaves the surface of the water for any amount of time, other than for a jump, and is lifted from the surface of the water by using a device for such purposes. Such devices include parachutes, kites, hang gliders and all other means designated to enable the water skier to be lifted from the surface of the water. (Ord. 305-E § 10, 1984: Ord. 305-C § 5, 1981: Ord. 305 § 28, 1966).

No person shall swim beyond the five mile per hour speed zone on a lake unless accompanied by a boat, paddle board, or similar floating object which is within twenty-five feet of the swimmer at all times. No person shall swim beyond the five mile per hour speed zone except between the hours of sunrise and eight a.m. (Ord. 305-E § 11, 1984: Ord. 305 § 29, 1966).

It is unlawful for any person to fire, except in a designated firing range, a pistol, revolver, rifle, shotgun or any other type of firearm within a half-mile of any lake or boating area. (Ord. 305L § 2(part), 1999; Ord. 305-D § 8, 1982: Ord. 305-A § 2, 1967: Ord. 305 § 30, 1966).

The entire perimeters of the boating areas, as delineated by buoys placed approximately three hundred feet from the shore, are restricted to swimming or fishing, with the exception of water ski take-off areas, which are clearly posted as such. (Ord. 305-D § 9, 1982: Ord. 305 § 31, 1966).

It is unlawful for any person to operate or use a boat or aquaplane at a speed in excess of five miles per hour in any area designated as a fishing area by the Fish and Game Commission or its authorized representatives, the National Forest Service of the United States, the Army Corps of Engineers, or the county. (Ord. 305L § 2(part), 1999; Ord. 305-D § 10, 1982: Ord. 305-C § 6, 1981: Ord. 305 § 32, 1966).

It is unlawful for any person to operate, use, propel, park or beach a boat or aquaplane in any special use area which has been restricted to swimming or personal watercraft use. (Ord. 305L § 2(part), 1999; Ord. 305-I § 2, 1991: Ord. 305-D § 11, 1982: Ord. 305-C § 7, 1981: Ord. 305 § 33, 1966).

It is unlawful for any person to:
A. Water-ski on the shore side of the buoys referenced in Section 9.28.220;
B. Swim in any water-ski take-off area.
(Ord. 305L § 3, 1999: Ord. 305K § 1, 1999: Ord. 305 § 34, 1966).

It is unlawful for any person to pollute or cause pollution of the waters of any boating area in the county. If any act of pollution is committed from a boat or through the use of such boat, such act shall constitute immediate forfeiture of the pollution control permit and the sheriff is authorized and directed to forthwith require the removal of such boat from the boating area. (Ord. 305L § 4, 1999; Ord. 305 § 35, 1966).

Notwithstanding any other provision of this chapter, the use of a motor to propel any boat is prohibited on Lake Madera, excluding a police or maintenance boat operated by a public agency. (Ord. 305-D § 12, 1982: Ord. 305-C § 8, 1981: Ord. 305-A § 3, 1967: Ord. 305 § 36, 1966).

It is unlawful for any person to land on, take off from, or operate on the surface of Bass Lake or Lake Madera in a seaplane or other airplane designed or equipped to land or take off from water. (Ord. 305L § 2(part), 1999; Ord. 305-D § 13, 1982: Ord. 305 § 37, 1966).

The board of supervisors may, upon application filed prior to or at the time of a regular meeting, and in no event less than thirty days prior to the holding of the events hereinafter described, create special use areas for yacht clubs, boating organizations or civic clubs, to conduct motorboat races at a fixed time and place upon such conditions as within the discretion of the board shall be required, and over such courses and areas as the sheriff may designate. All entrants, contestants or exhibitors in such events shall, prior to participation therein, or prior to practicing for such events, obtain an entrant’s permit from the sheriff to participate in such events in addition to the pollution control permit to use and operate a boat hereinabove set forth. Said participants, having obtained such an entrant’s permit, may use or operate a power boat in such event, or in practicing therefor, for not more than one day prior to such event on the courses and areas specified by the sheriff and between the hours of twelve noon and five p.m. (Ord. 305 § 39, 1966).

Any person violating any provision of Sections 9.28.010 through 9.28.300 is guilty of an infraction. (Ord. 305L § 5, 1999; Ord. 305 § 40, 1966).