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HomeMy Public PortalAbout01 Aquatic Invasive Species TOWN OF TRUCKEE California ORDINANCE 2014-01 AN ORDINANCE OF THE TOWN OF TRUCKEE AMENDING TITLE 14, AQUATIC INVASIVE SPECIES OF THE TOWN MUNICIPAL CODE DEALING WITH AQUATIC INVASIVE SPECIES PREVENTION The Town Council of the Town of Truckee does hereby ordain as follows: Section 1. TITLE 14 AQUATIC INVASIVE SPECIES of the Town of Truckee Municipal Code is hereby amended to read as follows: TITLE 14 AQUATIC INVASIVE SPECIES 2 CHAPTER 14.01 AQUATIC INVASIVE SPECIES PREVENTION 2 14.01.010 Purpose 2 14.01.020 Findings 2 14.01.030 Aquatic Invasive Species Defined 2 14.01.040 Prohibition 2 14.01.050 Watercraft Inspection and Decontamination 2 14.01.060 Fees 3 14.01.070 Violations 3 14.01.080 Public Nuisance Declaration 3 TITLE 14 AQUATIC INVASIVE SPECIES CHAPTER 14.01 AQUATIC INVASIVE SPECIES PREVENTION 14.01.010 Purpose The purpose of this ordinance is to protect all native and desired aquatic species and aquatic habitat in all water bodies within the Town of Truckee by preventing the introduction and spread of Aquatic Invasive Species. 14.01.020 Findings Aquatic Invasive Species potentially pose a significant and imminent threat to the water bodies within the Town of Truckee and 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,Aquatic Invasive Species can proliferate at an alarming rate,drastically altering the ecosystem of that water body, harming and/or consuming native species and food resources within the Ordinance 2014-01 ecosystems they infest. Additionally, Aquatic Invasive Species potentially pose a significant and imminent threat to water distribution and sewer collection and treatment infrastructure. Water vessels entering Town of Truckee water bodies 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 Aquatic Invasive Species into Town of Truckee water bodies. A mandatory screening and inspection program for such vessels is integral to the preservation of the water bodies and water distribution systems within the Town of Truckee. 14.01.030 Aquatic Invasive Species Defined Aquatic Invasive Species are aquatic animals and plants that have been introduced into waterways in which they do not live naturally and have harmful effects on the natural resources in these ecosystems and the human uses of these resources. Aquatic Invasive Species include but are not limited to invertebrates (New Zealand Mudsnails, Quagga Mussels, and Asian Clam), plants (Eurasian Watermilfoil, Hydrilla, and Curly Leaf Pondweed), and warm water fishes. 14.01.040 Prohibition The transport or introduction of Aquatic Invasive Species into any Town of Truckee water body is prohibited. Further, the launch of any watercraft contaminated with Aquatic Invasive Species into any Town of Truckee water body is prohibited. 14.01.050 Watercraft Inspection and Decontamination 1. All motorized and/or trailered watercraft, and other watercraft having water ballast tanks, shall be inspected by Town of Truckee or its designee prior to launching into any Town of Truckee water body to detect the presence and prevent the introduction of Aquatic Invasive Species. All other watercraft may be subject to an inspection prior to entering Town of Truckee water bodies if determined necessary by Town of Truckee or its designee. 2. All watercraft inspected in subsection (1) shall be subject to decontamination or quarantine for a period if determined necessary by an inspection. A watercraft shall launch only if: (a) the required decontamination is performed and completed by a certified individual pursuant to Town of Truckee or its designee standards and requirements for Aquatic Invasive Species, and (b) following the decontamination, the launch is authorized by a certified inspector pursuant to Town of Truckee or its designee standards and requirements for Aquatic Invasive Species Inspections. 3. An owner operator of a boat ramp or other boat launch facility (inclusive of single family residences) shall not permit the launching of watercraft which have not been submitted to inspections required by subsection (1) and/or which have not undergone required decontamination or quarantine. -2- Ordinance 2014-01 4. Affidavit of Compliance:At the time of the inspection,the watercraft owner/operator shall be required to execute an affidavit which attests to the responsibility of that owner/operator to ensure that his/her watercraft is clean, drained and dry and properly screened, re-screened, inspected, and, if necessary, decontaminated prior to launching in any Town of Truckee water body. The affidavit shall be signed under penalty of perjury. 5. No watercraft owner/operator shall provide false, inaccurate, or misleading information to inspection personnel. 6. A watercraft owner or operator may refuse to consent to the inspection required by this chapter. If the watercraft owner or operator refuses to consent to inspection, that watercraft shall not be allowed to launch in any Town of Truckee water body. No person shall launch or attempt to launch in any such water body a vessel for which inspection has been refused. 14.01.060 Fees All watercraft inspected are subject to a fee to pay for the inspection and/or decontamination. The schedule of fees shall be established and adopted by the Town Council from time to time by resolution. 14.01.070 Violations A violation of any regulation set forth in this Chapter shall be punishable as provided in Chapter 1.03 of this Code (Administrative Remedies) and this chapter shall be enforced by Town Code Compliance personnel, Police Department personnel, or any other Town staff authorized to do so. 14.01.080 Public Nuisance Declaration Any violation of this chapter is additionally declared to be unlawful and a public health nuisance and may be abated by authorized personnel of the Town of Truckee or its designee, irrespective of any other remedy provided by law. Section 2. All ordinances and parts of ordinances in conflict herewith are hereby repealed. Section 3. This ordinance shall be published in its entirety one time in the Town newspaper of general circulation and shall take effect (30) thirty days after its second reading and adoption. -3- Ordinance 2014-01 * * * * * The foregoing Ordinance was introduced at a regular meeting of the Truckee Town Council held on the 14t'' day of January, 2014, and adopted at a regular meeting of the Truckee Town Council, on the 28th day of January, 2014, Council Member deRyk Jones, moved for the adoption,the motion was seconded by Council Member Wallace Dee and was carried by the following vote: AYES: Council Member deRyk Jones, Council Member Wallace Dee, Council Member Brown, Vice Mayor Barr and Mayor Flora. NOES: None. ABSENT: None. / '� __ ,`� Patrick ra, Mayor ATTEST: APPROVED AS TO FORM: . Judy rice, , Town Clerk Andy Morris, Town Attorney -4-