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RD 348 Regulations 1999 Amendment

On motion of Trustee BARONI, and duly seconded by Trustee GIOVANNONI, the following resolution was approved and adopted:


                                                        RESOLUTION R-1999-4





WHEREAS, the District has previously adopted Regulations - Levees - Controlling Alterations to and Encroachment Upon, Through and Over the District=s Levee System, and


WHEREAS, those regulations in general govern all landowner activities on or about the District=s levees, and


WHEREAS, it has come to the attention of the Board of Trustees that there is a situation at New Hope Landing that is sufficiently unique as to warrant an exception under the circumstances to the District=s regulation prohibiting overnight parking on the District=s levees;


NOW, THEREFORE, BE IT RESOLVED that Section Three (Section III) of the District=s Regulations - Levees - should be, and it hereby is, amended to read in full as follows:


Section III.  No person shall and it shall be unlawful for any person to do any of the following (all of which are deemed to be encroachments):


1) grade, level, fill, widen, raise, cut, disturb, rip or dig upon; or

2) place, erect, construct, or maintain any pipeline, pole, pole line, cable, gate, barrier, barricade, conduit, rail, dock, ramp, wharf, landing, building, structure, obstructive vegetation, or works of any kind upon or over; or

3) leave, place, store, or maintain any lumber, pipe, or any other object or item upon; or

4) drive, park, or operate any vehicle or equipment of any king over 80,000 lbs. gross weight other than official emergency vehicles upon or over; or

5) leave, place, maintain, ride, drive, or control livestock upon; or

6) except as provided for in subsection 9 hereof, park or place any vehicle or other item so as to obstruct traffic or store any vehicle (any vehicle left standing in one place for 24 hours or more is deemed to be stored) upon or over; or

7) camp on; or

8) except from launching ramp or other facility maintained for that purpose, launch any boat from; any levees or flood control works (including the rock riprap or other wave wash protection thereon) of or within the district or upon lands owned by the District except when expressly permitted to do so by a proper and revocable written permit, easement or agreement executed between said person and the District and upon payment to the District of any required fees, expenses, rental, or other compensation therefor.


9) In the case of temporary evacuations occasioned by high water emergencies, recreation vehicles (RV=s) and trailer homes (but no cars or other vehicles) may park overnight on the District levee at New Hope Landing until the emergency passes.  The RV=s and trailer homes shall be parked in such a manner as to provide at least fifteen (15) feet of roadway clearance and not interfere with the use of the levee road by floodfight vehicles and equipment and emergency crews.


PASSED AND ADOPTED this 1st day of July 1999 by the following vote: