Chapter 5
STREAMS AND RIVERS COMMERCIAL BOATING
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.
Sec. 9-5.01.   Title.
   This chapter shall be referred to as the Streams and Rivers Commercial Boating Ordinance. (§ 2, Ord. 1421, eff. May 31, 2012)
Sec. 9-5.02.   Purpose.
   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)
Sec. 9-5.03.   Definitions.
   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)
Sec. 9-5.04.   Agreement Required.
   No person or entity shall engage in Commercial River Use on Yolo County rivers and streams except as authorized by a valid Commercial River Use Agreement in good standing. (§ 2, Ord. 1421, eff. May 31, 2012)
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