BOARD OF SUPERVISORS, COUNTY OF LAKE, STATE OF CALIFORNIA

ORDINANCE NO. 2936

AN ORDINANCE AMENDING ARTICLE IX TO CHAPTER 15 OF THE LAKE COUNTY CODE ESTABLISHING A FEE-BASED INSPECTION PROGRAM FOR ALL WATER VESSELS LAUNCHED IN THE COUNTY OF LAKE

THE BOARD OF SUPERVISORS OF THE COUNTY OF LAKE ORDAINS AS FOLLOWS:

Section 1: Article IX of Chapter 15 of the Lake County Code is hereby amended to read as follows:

ARTICLE IX. WATER VESSEL INSPECTION PROGRAM

Sec. 15-52. Findings.

52.1 The County of Lake holds the waters of Clear Lake in trust for the benefit of all citizens pursuant to legislation enacted in 1973 which conveyed in trust to the County of Lake the submerged lands of Clear Lake for the furtherance of navigation, commerce, fishery, recreation, and wherever possible and appropriate, preservation of the land and waters in their natural state. Clear Lake, as well as all other water bodies within the County of Lake represent a significant environmental resource to our citizens and are interrelated to the distribution systems of the County's water purveyors.

52.2 The aquatic invasive species of Dreissenid mussels such as Quagga and Zebra mussels pose a significant and imminent threat to the water bodies within the County of Lake. Dreissenid mussels have already created serious and irreparable harm to bodies of water located in other locations in the United States and California. Once introduced into a water body, these mussels proliferate at an alarming rate, drastically altering the ecosystem of that water body, harming and/or consuming native species and food resources within the ecosystems they infest. Dreissenid mussels additionally pose a significant and imminent threat to the water distribution systems of Lake County which draw water from Clear Lake and other water bodies within the County. These mussels attach to inside water treatment intake structures, pipes, and facilities to such a significant degree that the ability to distribute water through the County's existing, and in some cases, antiquated infrastructure, will be severely compromised.

52.3 Presently, it does not appear that any water body in Lake County has been infested with Dreissenid mussels. However, Water Vessels entering Lake County from other areas of the state and country may have recently been launched in infested counties or waters, making those vessels at high risk to carry mussels (adults and larvae) into Lake County waters.

52.4 A screening and inspection program is integral to the preservation of the water bodies and water distribution systems within the County of Lake, and to the drainages from Lake County.

52.5 This Ordinance is enacted under the police power of the County pursuant to Article XI, Section 7 of the California Constitution which authorizes the County to adopt and enforce regulations for the protection of the public health, safety, and welfare that are not in conflict with general laws.Sec. 15-53.

Definitions.

53.1 For purposes of this Article, the following words and phrases shall have the following meanings:

(a) "Affidavit of Compliance" means a declaration to be executed by all Water Vessel owners and operators who wish to launch said vessels in a water body in the County of Lake which attests to the responsibility of that owner/operator to ensure that his/her Water Vessel is properly screened and, if necessary, inspected and/or decontaminated prior to launching.

(b) "Authorized Screener" means an individual authorized by the Lake County Department of Water Resources to conduct the screening process necessary to determine whether a Water Vessel is at high risk to carry any Dreissenid mussel such as Quagga and Zebra and any other aquatic, non-native invasive species.

(c) "Authorized Inspector" means an individual who has received the necessary training approved by the Lake County Department of Water Resources to conduct inspections of Water Vessels for the purpose of determining whether said vessels are contaminated with any Dreissenid mussel such as Quagga and Zebra and any other aquatic, non-native invasive species.

(d) "Launch" means the introduction or placing of any trailered Water Vessel into a water body within the County of Lake.

(e) "Live bait" means any fish, or other organisms used in conjunction with fishing the waters of Lake County.

(f) "Mussel Sticker" means the stickers issued by an Authorized Screener/ Inspector evincing the fact that the vessel to which the stickers are affixed has been screened and found to be at low risk to carry any Dreissenid mussel such as Quagga and Zebra and any other aquatic, Non-native invasive species.

(g) "Non-native invasive species" means species identified by the State of California that establish and reproduce rapidly and which may threaten native species through competition, predation, parasitism, introduction of pathogens, or physically or chemically alter the habitat. Such species include, but are not limited to, New Zealand Mud Snails and non-native aquatic plants as defined in Chapter 26A of the Lake County Code.

(h) "Non-resident water vessel" means a vessel that does not meet the definition of a Resident water vessel.

(i) "Resident water vessel" means:

1. A vessel that has been issued a DMV registration that identifies its owner as being physically located within the borders of Lake County.

2. A vessel whose owner can demonstrate that it is moored or stored at a commercial facility located in Lake County.

3. Any other means deemed acceptable by the Director of Water Resources as to proof of residency in Lake County providing that the vessel is on the Lake County Assessor’s current unsecured taxroll for boats.

(j) "Screening and Inspection Program" means the program of screening and inspection required by this Ordinance to ensure that all Water Vessels launching into water bodies in Lake County are free from contamination from adult and larval Dreissenid mussels and other aquatic, non-native invasive species.

(k) "Water Vessel" means any trailered watercraft, or jet ski, or float plane capable of being launched into a water body within the County of Lake except as specifically exempted herein. Canoes, kayaks, car-top boats, float tubes, rafts, wind surfers/boards, boogey boards, nonmotorized paddle boats, and nonmotorized sail boats that are eight feet or less in length are not considered water vessels for purposes of this ordinance and are thereby exempt from the provisions herein.

(l) "Water Vessel Inspection" means a physical inspection, using the training approved by the Lake County Department of Water Resources, of a vessel known or suspected to have been in water in an infested county or which bears a DMV registration in a county, either within or outside the State of California, which is known to be infested with Dreissenid mussels and other aquatic, non-native, invasive species.

(m) "Water Vessel Screening" means the process used to verify that a vessel and its trailer have not been in contact with a body of water in a county infested with Dreissenid mussels and/or is registered in a county, either within or outside the State of California, which is known to be infested with Dressenid mussels and other non-native, invasive species.

Sec. 15-54. Applicability.

This Ordinance shall be applicable to any trailered Water Vessel intending to launch in a water body within the County of Lake.

Sec. 15-55. Mussel Stickers for Resident Water Vessels.

Because the weight of scientific evidence presently available strongly indicates, the greatest risk of contamination to our water bodies is by Water Vessels entering Lake County from other jurisdictions, the following program shall be applicable to all Resident Water Vessels:

55.1 Owners and operators of Resident Water Vessels, having submitted to screening and inspection, as applicable, shall receive Resident Mussel Stickers designating the vessel as a Resident Water Vessel and absent an event necessitating re-screening and/or re-inspection as specified in 15-57.1, these Mussel Stickers shall expire at the end of each calendar year.

55.2 Every Resident Water Vessel and its trailer must be affixed with Resident Mussel Stickers prior to launching that vessel in any water body in the County of Lake.

55.3 Resident Mussel Stickers shall be issued according to a color code that will change annually.

55.4 Upon expiration of the annual Resident Mussel Stickers, at the end of the calendar year,

the resident vessel must undergo the necessary screening/inspection requirements to obtain next year’s valid Mussel Stickers.

Sec. 15-56. Mussel Stickers for Non-resident Water Vessels.

56.1 All Non-resident Water Vessels and their trailers must be affixed with color-coded, monthly, Non-resident Mussel Stickers after screening and prior to launch in any water body in the County of Lake. Stickers are not transferable between vessels.

56.2 Non-resident Mussel Stickers shall be issued according to a color-code that will change monthly.

56.3 Upon expiration of the Non-resident Mussel Stickers, the Non-resident Water Vessel must undergo the necessary screening/inspection requirements to obtain valid Mussel Stickers for the

next calendar month.

Sec. 15-57. Screening/Inspection Requirements.

57.1 Screening Requirements.

Screening shall be required of:

(a) All Resident trailered Water Vessels prior to their first launch in every calendar year, or

(b) All Non-resident trailered Water Vessels prior to their first launch in every calendar month, or

(c) All trailered Water Vessels, Resident or Non-resident, that have been launched in a body of water outside of the County of Lake pursuant to the executed Affadivit of Compliance.

57.2 Screening Process.

(a) The screening process shall be conducted by an Authorized Screener or Authorized Inspector and shall consist of:

(1) A series of questions concerning the past location of the Water Vessel prior to launching in a water body in the County of Lake, designed to determine whether said past location constitutes an appreciable risk that said Water Vessel may be infested with Dreissenid mussels. Said questions shall be answered on the County of Lake Screening Application Invasive Species Inspection Program form, and

(2) May require a visual verification by the Authorized Screener that the Water Vessel and trailer are clean, drained and dry.

(b) Water Vessels which, as a result of the screening process, are found to be clean, drained and dry, and do not pose an appreciable risk to the water bodies of Lake County shall be affixed with Mussel Stickers in a location as designated in the instructions accompanying the Mussel Stickers which signifies that the vessel may be launched into a water body in the County.

(c) Water Vessels which, as a result of the screening process, are not clean, drained and dry, or do appear to pose an appreciable risk to the water bodies of Lake County shall be required to undergo an inspection by an Authorized Inspector. The County of Lake Screening Application Invasive Species Inspection Program form shall identify that vessel as requiring authorized inspection.

(d) Affidavit of Compliance: At the time of the screening, the vessel owner/operator shall be required to execute an affidavit which attests to the responsibility of that owner/operator to ensure that his/her Water Vessel is clean, drained and dry and properly screened, re-screened, inspected, and, if necessary, decontaminated prior to launching in a water body in the County of Lake. The Affidavit shall be signed under penalty of perjury.

(e) If the Screening Application Form is filled out falsely this shall be a violation of this Ordinance.

(f) A Water Vessel owner or operator may refuse to consent to said screening. If the Water Vessel owner or operator refuses to consent to screening, that Water Vessel shall not be allowed to launch in any water body within the County of Lake and shall be in violation of this Ordinance if he/she should nonetheless attempt to do so.

57.3 Inspection Requirements

(a) All Water Vessels determined as a result of the screening process to constitute an appreciable risk of contamination due to the possible presence of Dreissenid mussels shall submit to an inspection by an Authorized Inspector prior to launching in a water body in the County of Lake.

(b) Said inspection shall consist of a thorough search of the exterior and interior of the Water Vessel, including but not limited to bilge pumps, motors, and live wells, bait wells, ballast tanks, bladders, and all areas of standing water.

(c) A Water Vessel owner or operator may refuse to consent to said inspection. If the Water Vessel owner or operator refuses to consent to inspection, that Water Vessel shall not be allowed to launch in any water body within the County of Lake and shall be in violation of this Ordinance if he/she should nonetheless attempt to do so.

(d) At the time of the inspection, if any Water Vessel is found to contain other aquatic, non-native invasive species, the Water Vessel owner or operator shall be required to remove said invasive species prior to launching in a water body within the County of Lake.

(e) If, pursuant to the required inspection, a Water Vessel is found to be clean, drained and dry, and free of any possible Dreissenid mussel infestation and any other aquatic, non-native invasive species is either not found or removed from the Water Vessel, the Authorized Inspector shall certify that the Water Vessel can be launched in Lake County after receiving the appropriate Mussel Stickers from an Authorized Screener.

(f) Affidavit of Compliance: At the time of the inspection, the vessel owner/operator

shall be required to execute an affidavit which attests to the responsibility of that owner/operator to ensure that his/her Water Vessel is properly inspected and, if necessary, decontaminated prior to launching in a water body in the County of Lake. The Affidavit shall be signed under penalty of perjury.

(g) If, pursuant to the required inspection, a Water Vessel is found to be infested with adult Dreissenid mussels, the vessel owner shall be informed that his/her Water Vessel shall be quarantined by the California Department of Fish and Game. If the vessel is found to possibly be infested with Dreissenid mussels, the vessel owner may not launch his/her vessel until such time as that vessel has been decontaminated and re-inspected by an Authorized Inspector. The vessel owner shall be directed to a decontamination station where the vessel will undergo a decontamination process. Once the vessel has been decontaminated, reinspected and found to be at no risk of contaminating Lake County waters, the vessel can be affixed with Mussel Stickers as described hereinabove.

57.4 Decontamination

Decontamination stations shall be operated by the County of Lake, Department of Water Resources. Said stations shall be open to all owner/operators of Water Vessels. There shall be no fee associated with decontamination.

Decontamination shall be required of all vessels that have been determined to be at high risk of being infested with Dreissenid mussels. Such determination shall be made if the vessel is not clean , drained and dry, OR was last in the water of an infested county, less than 30 days ago.

Sec. 15-58. Screening/Inspection Stations.

58.1 Designated locations are available within the County. The current list of Authorized screeners is available at www.co.lake.ca.us/mussels.

58.2 Inspections shall be carried out by County personnel at any time. Vessel owners shall be referred to the nearest Authorized Inspector when required. Inspections may be scheduled by calling the Department of Water Resources, (707) 263-2344.

58.3 Nothing in this Ordinance precludes screening and/or inspections at other locations within the County which may be offered by private persons and/or organizations if such screenings are performed by Authorized Screeners and such inspections are performed by Authorized Inspectors.

Sec. 15-59: Fees.

The following fees are hereby established for County-operated screening and inspection services:

(a) The fee for each screening and/or inspection performed by the County of Lake shall be ten dollars ($10.00).

(b) Fees collected for screening and /or inspection, that are not otherwise encumbered, shall be used to fund the Water Vessel Inspection Program.

Sec. 15-60. Disposing of Live Bait into a Water Body in Lake County is Prohibited.

It shall be unlawful to dispose of any live bait and/or any liquid containing live bait or any liquid which previously contained live bait in a water body in Lake County.

Sec. 15-61. Criminal Penalties.

(a) Any person violating any provision of this Ordinance shall be guilty of a misdemeanor. Such individual shall be deemed guilty of a separate offense for each launch in a water body in the

County of Lake.

(b) Any individual convicted of a violation of this chapter shall be punishable by a fine of not less than one thousand dollars ($1,000.00) and/or up to six months in the county jail or both.

(c) A Water Vessel unlawfully launched in a water body in the County of Lake shall be subject to impound if, pursuant to a misdemeanor arrest for violation of this Ordinance, a law enforcement officer determines that circumstances necessitate law enforcement custody of the Water Vessel.

(d) Payment of any penalty herein shall not relieve any individual from the responsibility of correcting the violations as found by the law enforcement officer.

(e) Any person found not in compliance with this ordinance is subject to citation, shall be escorted off the water body, and shall be subject to any other legal action as deemed necessary by the enforcement officer including but not limited to detaining said person and water vessel until inspected as required under this chapter.

(f) Fines collected as a result of violating this Ordinance, that are not otherwise encumbered, shall be used to fund the Water Vessel Inspection Program.

Sec. 15-62. Public Nuisance Declaration.

Any violation of this chapter is hereby declared to be unlawful and a public health nuisance and may be abated by authorized County personnel, irrespective of any other remedy provided in this Ordinance.

Section 2: It can be seen with certainty that there is no possibility that this Ordinance may have a significant effect on the environment. However, even if the proposed action is determined to be a “project”, the proposed action would be categorically exempt from CEQA under CEQA Guidelines Section 15307 as a Class 7 Categorical Exemption which, “consists of actions taken by regulatory agencies as authorized by State law or local ordinance to assure the maintenance, restoration or enhancement of a natural resource where the regulatory process involves procedures for protection of the environment.”

Section 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict and no further.

Section 4: This Ordinance shall take effect on the 24th day of February, 2011, and before the expiration of fifteen (15) days after its passage, it shall be published at least once in a newspaper of general circulation printed and published in the County of Lake.

The foregoing ordinance was introduced before the Board of Supervisors on the 18th day of January, 2011, and passed by the following vote on the 25th day of January, 2011.

AYES: Supervisors Smith, Rushing, Farrington, Brown and Comstock

NOES: None

ABSENT OR NOT VOTING: None

COUNTY OF LAKE

______________________

Chair, Board of Supervisors

ATTEST: KELLY F. COX

Clerk of the Board of Supervisors

By: _______________________

Deputy

APPROVED AS TO FORM:

ANITA L. GRANT

By: _______________________