Sections:
9-5.01 Title.
9-5.02 Purpose.
9-5.03 Definitions.
9-5.04 Agreement Required.
9-5.05 Agreement Procedure.
9-5.06 Agreement Term, Annual Review and Consideration.
9-5.07 River Use Plan Contents.
9-5.08 No Vested Right.
9-5.09 Revocation, Denial, or Non-Renewal of Agreement.
9-5.10 Safety Equipment and Standards.
9-5.11 Littering and Trespass.
9-5.12 Penalty and Enforcement.
The purpose of this Chapter is to address operating requirements for commercial boating, as defined herein, on local streams and rivers. The Board of Supervisors recognizes that recreational use of the County’s streams and rivers includes the use of streams and rivers by rafts, kayaks, and other floating devices. It is necessary to manage commercial river use that includes rafts, kayaks and other floating recreational devices to protect the riparian environment and the safety, health, and welfare of river users and riparian landowners. The provisions added to the Yolo County Code by this Chapter regulate commercial river use in a manner that is consistent with the policies and purposes of the 2006 Yolo County Parks and Open Space Master Plan, as it may be amended from time to time. (§ 2, Ord. 1421, eff. May 31, 2012)
A. “Boat rental” means the lease, rental, loan or bailment for consideration of any floating device for use on any stream or river in Yolo County. (§ 2, Ord. 1421, eff. May 31, 2012)
B. “Commercial Outfitter” or “Commercial Use” means any operation that meets any of the following criteria:
1. Where fees, charges, and other compensation are collected in excess of the actual costs of the river trips or where the fees are typically paid to one member or organization that does not share equally in the costs among the trip members
2. Where fees and charges are collected for financial gain for salaries or benefit for any of the group, its leaders, or sponsors.
3. Where other compensation is received, such as capital increases in equipment or facilities used for the trip.
4. Where guides, managers, drivers, and any other employees are paid by salary, wages, or any other form of compensation. (§ 2, Ord. 1421, eff. May 31, 2012)
C. “Commercial River Use” means any operation of a boat rental or commercial outfitter. (§ 2, Ord. 1421, eff. May 31, 2012)
D. “Commercial River Use Agreement” or “Agreement” means an agreement between the commercial outfitter and the County that entitles the permitted entity to engage in commercial river use. (§ 2, Ord. 1421, eff. May 31, 2012)
E. “County Parks” means the parks and park facilities operated, owned or maintained by Yolo County. (§ 2, Ord. 1421, eff. May 31, 2012)
F. “Floating Device” means any raft, kayak, canoe, inner tube, kickboard, water wheel, or similar object, or any “vessel” as defined by section 21 of the California Harbors and Navigation Code, as it may be amended from time to time. “Floating device” expressly excludes U.S Coast Guard approved personal floatation devices, types 1 through 5. (§ 2, Ord. 1421, eff. May 31, 2012)
G. “River Use Plan” means a map of the river or stream identifying areas proposed for use by the Commercial Outfitter and any other relevant information requested by the County pursuant to this Chapter. (§ 2, Ord. 1421, eff. May 31, 2012)
Commercial River Use Agreements shall be issued by the Yolo County Parks Division unless the division, in its sole discretion, refers a proposed Agreement to the Board of Supervisors for consideration. The procedure to obtain an Agreement is as follows:
A. The Commercial Outfitter shall contact the Yolo County Parks Division, submit a River Use Plan, and arrange a meeting with staff to discuss the potential Agreement at least two months (and preferably more) prior to the planned date for the commencement of Commercial Use of the stream. The County and Commercial Outfitter shall then work in good faith to complete the River Use Plan in accordance with the standards of this Chapter. The Commercial River Use Agreement must be signed by all parties before the Commercial Outfitter may use the stream. (§ 2, Ord. 1421, eff. May 31, 2012)
B. Upon request from the Commercial Outfitter in writing to Yolo County Parks for such an Agreement the County will prepare a draft Commercial River Use Agreement for review by the Commercial Outfitter within 30 days. County Counsel shall also review the draft Agreement after review from the Commercial Outfitter. (§ 2, Ord. 1421, eff. May 31, 2012)
C. After reasonable efforts have been made to negotiate an agreement, the County shall either approve or deny the proposed Agreement based upon a determination that the Agreement and any related materials, including the River Use Plan, are consistent (or in the case of denial, inconsistent) with the purpose and requirements of this Chapter. Brief written findings shall be issued in connection with this decision. Actions taken by the Parks Division on an application may be appealed to the Board of Supervisors in the time and manner provided in Title 1, Chapter 4 of the Yolo County Code, which shall govern all aspects of such appeals. (§ 2, Ord. 1421, eff. May 31, 2012)
D. A fully executed Commercial River Use Agreement constitutes a permit authorizing the Commercial Outfitter to non-exclusive use of the stream in accordance with the terms and conditions of the Agreement. Each Agreement is unique to the Commercial Outfitter based on the amount, location, and type of use proposed. Upon receipt of the fully executed Commercial River Use Agreement, including all required documents per the terms of the Agreement, the Commercial Outfitter may begin to use the stream according to the terms of the Agreement. (§ 2, Ord. 1421, eff. May 31, 2012)
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