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)
A. Commercial River Use Agreements are initially issued for one season or one year as specified within the final fully executed Agreement. Multiple-year contracts shall be provided as requested for Commercial Outfitters in good standing based on the annual review described in Section 9-5.06 B below. (§ 2, Ord. 1421, eff. May 31, 2012)
B. Each year, the County shall review any violations or complaints regarding a Commercial Outfitter and require the Commercial Outfitter to provide statements regarding any complaints or violations received. The County reserves the right to refuse to enter into future Agreements with any Commercial Outfitter who continually violates any rules that govern the Commercial Outfitter, including the Agreement, or who receives numerous justified complaints. (§ 2, Ord. 1421, eff. May 31, 2012)
C. Fees for commercial use of the river plan area will be divided into a three tiered system of collection as follows:
1. Base Fee: The first tier of fees will apply to all commercial outfitters using local rivers and streams. First-tier fees shall be based upon a good faith estimate of the amount necessary for the County to process applications, develop and issue agreements, enforce and administer the provisions of this Chapter, and to otherwise cover the reasonable regulatory costs of the program implemented by this Chapter.
2. Park Use Fee: The second tier of fees will only apply to commercial outfitters using County parklands to facilitate their operations, including but not limited to using parklands for parking of vehicles, camping, picnicking, stopping or other similar and related activities. Second-tier fees shall be based on a good faith estimate of the amount necessary to offset the impacts of the level of use proposed by a commercial outfitter. The amount of the fee shall be sufficient to fully cover the cost of providing the additional level of operations, maintenance and repair of park facilities and real property (including habitat features) that the Director determines, in his or her discretion, is reasonably necessary to offset the impacts of the level of use proposed by a commercial outfitter. Such fees are authorized by California Government Code Section 50402 and other provisions of California law.
3. Park Improvement Fee: The third tier of fees will only apply to commercial outfitters using County parklands to facilitate their operations, including but not limited to using parklands for parking of vehicles, camping, picnicking, stopping or other similar and related activities. Third-tier fees shall be based on a good faith estimate of the amount necessary to plan and build new park facilities or additions to existing facilities and real property (including habitat features) that the Director determines, in his or her discretion, are reasonably necessary to accommodate the level of use proposed by a commercial outfitter. The operation, maintenance, and repair of such new or expanded park facilities and real property shall be covered by the Park Use Fee, described above, following the completion of construction. Such fees are authorized by California Government Code Section 50402 and other provisions of California law.
4. Fee Payment: Fee revenues may be placed into discrete funds that may be used exclusively for the purposes described in this subsection. Generally, fees that apply to more than one commercial outfitter shall be apportioned between the outfitters in a manner that reasonably reflects each Commercial Outfitter’s proportional share of costs of the program implemented by this Chapter. The apportionment formula may be based upon the payment of a percentage of each Commercial Outfitter’s gross receipts for Commercial River Use or, alternatively, may be based upon a set fee per customer. If either of these approaches to fee apportionment and payment is utilized, then either the percentage of use must be reported each month or the number of persons commercially rafting must be reported using the County reporting document specified in the Agreement and the associated fees paid monthly to the County Parks Division. Generally, fees within tiers that apply to all Commercial Outfitters shall be approved by the Board of Supervisors. The Director is authorized to develop and include other categories of fees in individual Agreements, consistent with the fee structure set forth above, provided such fees are both consistent with this subsection and reasonably related to the benefits and burdens of the activities of the Commercial Outfitter to which the fees apply. Any dispute between the Director and a Commercial Outfitter regarding such fees may be referred to the Board of Supervisors for resolution.(§ 2, Ord. 1421, eff. May 31, 2012)
The River Use Plan required by Section 9-5.05 shall include, but need not be limited to, the following information:
A. Applicant’s name, business name, mailing address, website if available, email and location of place of business. (§ 2, Ord. 1421, eff. May 31, 2012)
B. If the place of business is not located in Yolo County, the name, address, telephone number, and other relevant contact information of an agent who will be available in the event of emergencies or other problems. (§ 2, Ord. 1421, eff. May 31, 2012)
C. Full descriptions of all activities proposed to be conducted under the Commercial River Use Agreement being sought including but not limited to duration of all activities, camping, food service, waste removal and maintenance. (§ 2, Ord. 1421, eff. May 31, 2012)
D. Full description, including location, of all planned ingress and egress from the water, as well as all rest stops, lunch stops, or other planned non-emergency stops on adjoining lands. All lands so specified must be a County Park or property for which the outfitter or private landowner has secured a use permit (if required under the County Code) that allows the planned use, or property owned by a state or federal agency. (§ 2, Ord. 1421, eff. May 31, 2012)
E. Full description, including location, of the parking facilities for the Commercial Outfitter’s commercial vehicles, employees, clients, and guests. All lands specified for parking facilities must be a County Park or property for which the outfitter or private landowner has secured a use permit that allows the planned use, or property owned by a state or federal agency. (§ 2, Ord. 1421, eff. May 31, 2012)
F. Written proof that the applicant has obtained the landowner’s or managing public agency’s permission for the activities planned on all lands specified in response to subparagraphs D and E, if the applicant is not the landowner. Written proof of permission is not required for ’’’’County’ ’’Park’’ locations. (§ 2, Ord. 1421, eff. May 31, 2012)
G. Written confirmation that the Commercial Outfitter will provide shuttle transportation services to and from all points of ingress and egress. Vehicles used by the commercial outfitter to transport clients, employees, or equipment shall meet all current California Vehicle Code requirements. (§ 2, Ord. 1421, eff. May 31, 2012)
H. Full description of planned safety measures for river users that meet those standards of Section 9-5.10. (§ 2, Ord. 1421, eff. May 31, 2012)
I. Full description of a name or logo identification, to be utilized on all floatation devices that are satisfactory to the County. (§ 2, Ord. 1421, eff. May 31, 2012)
J. Written statement that the Commercial Outfitter will provide the required County insurance for the duration of the Agreement. A copy of the County Insurance requirements will be provided to the Commercial Outfitter. (§ 2, Ord. 1421, eff. May 31, 2012)
K. A copy of a certificate of compliance for CPR and First Aid training from the American Red Cross or other equivalent training certification approved by the County for all employees and owners serving as river guides. (§ 2, Ord. 1421, eff. May 31, 2012)
A. A Commercial River Use Agreement may be revoked or denied by the County, according to the terms of the Agreement or, if the Agreement is silent, in accordance with the provisions of the County Code and state laws governing the revocation of use permits. (§ 2, Ord. 1421, eff. May 31, 2012)
B. A Commercial River Use Agreement may be reapplied for prior to the beginning of the next season and the stated termination date of the Agreement. As stated in Section 9-5.06.B., above, the County has the discretion to refuse to enter into an agreement with any Commercial Outfitter who is not in good standing with the County. (§ 2, Ord. 1421, eff. May 31, 2012)
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