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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)
Each Commercial Outfitter shall undertake the safety measures as outlined in the Commercial River Use Agreement and as follows:
A. The Commercial Outfitter shall provide and require all customers to wear a United States Coast Guard approved personal flotation device at all times while in or on the stream. (§ 2, Ord. 1421, eff. May 31, 2012)
B. The number of persons using a floating device shall not exceed the floating device’s design capacity, except in an emergency or rescue situation. (§ 2, Ord. 1421, eff. May 31, 2012)
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