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HomeMy WebLinkAboutOrdinance 10770r : r ~~ ORDINANCE N0. ~~ ~ ~~ AN ORDINANCE AMENDING CHAPTER 18 OF THE CODE OF CITY OF FORT WORTH (1986), AS AMENDED, BY REQUIRING LAKE 'r-dORTH USE .FEE; BY REQUIRING LAKE WORTH USE FEE STICKER; BY REQUIRING BOAT TOILET INSPECTIONS; BY DEFINING CERTAIN TERMS; BY PROHIBITING CERTAIN WATER AND WATER RELATED CONDUCT; MAKING THIS ORDINANCE CUMULATIVE AND REPEALING ALL CODE SECTIONS AND ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLI- CATION; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. -, ~ That Article I (In General) of Chapter 18 of the Code of the City of Fort Worth (1986), as amended, is hereby amended by adding thereto a new Section 18-4 to read as follows: Sec. 18-4. Lake Worth use fee. It shall be unlawful to operate or place any boat on Lake Worth without paying the required annual use fee. The use fee shall be valid from the date issued until December 31 of the year issued. The fee shall be: Fee for Fee for Non-Resident Resident Tu ne of Boat Citizens Citizens 1. Nonmotor- or nonpower- driven boats less than None None ~~~^~ f: ~~~C~~l ~~~Q~ 16 feet in length. 2. Motor- or power-driven $10.00 $ 7.0 T~~• ~Q~TN boats less than 16 feet - , . , in length. 3. Boats 16 feet or more $17 00 $12.00 and less thah 26 feet in length. 4. Boats 26 feet or more $24.00 0 ~ $17.00 and less than 40 feet in length. 5. Boats 40 feet or more $31.00 $22.00 ~ in length. f SECTION 2. Y Article I (In General) of Chapter 18 of the Code of the City of Fort Worth (1986), as amended, is hereby amended by adding thereto a new Section 18-5 to read as follows: Sec. 18-5. Lake Worth use fee sticker. It shall be unlawful to operate (i) any motor- or power-driven boat less than 16 feet in length, and (ii) any boat 16 feet or more in length on Lake Worth without an annual Lake Worth use fee sticker issued by the City of Fort Worth affixed to the boat. The sticker must be placed on the left side of the transom above the 'water line in a clearly visible location. The sticker shall be valid from the date issued until December 31 of the year issued. SECTION 3. Article I (In General) of Chapter 18 of the Code of the City of Fort Worth (1986), as amended, is hereby amended by adding thereto a new Section 18-6 to read as follows: Sec. 18-6. Boat toilet facility inspection required. It shall be unlawful to operate on Lake Worth without an inspection sticker issued by the City of Fort Worth a boat with a toilet facility or a boat with an enclosed area capable of containing a toilet facility. The inspection sticker shall be valid from January 1 through December 31 of the year issued. The boat must be available for inspection when the inspection sticker application is filed. Toilet facilities located on boats shall be either a self-contained or a securely affixed discharge holding tank located on the boat. The holding tank shall meet the following specifications: a. The holding tanks shall be emptied into onshore facilities approved and licensed by the City of Fort Worth. 2 b. The holding tanks shall be constructed of material that will withstand the corrosive effects of sewage and any disinfecting c:hemicals. c. The holding tanks shall be firmly anchored- and located to eliminate the possibility of rupture. d. The holding tanks must be properly vented to the outside of the boat so as not to defile the interior of the boat. SECTION 4. That Section 18-36 (Definitions) of Article III (Water Safety) of Chapter 18 of the Code of the City of Fort Worth (1986), as amended, be amended in part and those subsections as amended shall read as follows: Sec. 18-36. Definitions. Boat shall mean any vessel or other watercraft floating on the waters of Lake Worth. Diver down flan shall mean a square or rectangular red flag that has a diagonal white stripe and is at least 24 inches by 24 inches in size. Toilet facility shall mean an apparatus that is tempo- rarily or permanently affixed to a boat and used for -- receipt and disposal of body waste. SECTION 5. That Section 18-37 (Prohibited conduct) of Article III (Water Safety) of Chapter 18 of the Code of the City of Fort -- Worth (1986), as amended, be amended in part and those subsec- tion~s as amended shall read as follows: 'Sec. 18-37. Prohibited conduct. a (1) For any person under 13 years of agelto operate a boat powered by a motor greater than 15 horsepower, unless such operator is either accompanied by a person 16 years of age or older that is supervising the 3 actions of such operator or unless such operator has successfully completed a boater education course conducted by the Parks and Wildlife Department of Texas; (2) For any person to operate any boat or manipulate any water ski, paraski, windsurfer, aquaplane, or similar device as to endanger any person or the property of another person; *** (6) For any person to swim or dive within two hundred yards of any sight-seeing or excursion boat except for maintenance purpose or unless such person is swimming within an enclosed area; (7) For any person to operate a boat within a water area that the city or a political subdivision or the state has clearly marked by buoys or some other distinguishing device as a bathing, fishing, swimming, or otherwise restricted area, or around any buoy or vessel that displays a "diver down" flag where persons may be scuba diving or snorkeling; *** (9) For any person to manipulate any water skis, para- skis, aquaplane or similar device without wearing a life preserver or life belt. A person over the age of 14 who is operating a wind surfer is exempted from this requirement; (10) For any person to operate a boat towing a person or persons on water skis, aquaplane, paraskis, wind- surfer or similar device at any time between the hours of one hour after sunset and one hour before sunrise; provided, however, that this section shall not apply to boats or persons engaged in water skiiing competitions, exhibitions, or tournaments, if adequate lighting is provided for such activity; (11) For any person to engage in water skiing, aqua- planing, paraskiing, windsurfing, or similar activity at any time between the hours of one hour after sunset and one hour before sunrise; provided, however, that this section shall not apply to boats or persons engaged in water skiing competitions, exhibitions, or tournaments, if adequate lighting is provided for such activity; (12) For any person to operate a boat towing a person or persons on water skis, aquaplane, paraski, wind- surfer, or similar device unless the boat is equipped with a rearview mirror of a size no less than four inches in measurement from bottom to top and across from one side to the other. The mirror shall be 4 r mounted firmly so as to give the boat operator a full and complete view beyond the rear of the boat at all times. Provided, however, that this section shall not apply to boats used in water skiing competitions, exhibitions, or tournaments, or to boats thaw, in addition to the operators, have on board a person 13 years of age or older observing the progress of the person being towed; (13) For any person to engage in water skiing, aqua- planing, paraskiing, windsurfing, or similar activity when being towed by boat not equipped with a rearview mirror of a size no less than four inches in measure- ment from bottom to top and across from one side to the other. The mirror shall be mounted firmly to give the boat operator a full and complete view beyond the rear of the boat at all times. Provided, .however, that this section shall not apply to boats used in water skiing competitions, exhibitions, or tournaments, or to boats that, in addition to the operator, have on board a person 13 years of age or older observing the progress of the person being towed; (14) For any person to erect, build, construct, create, or maintain, or cause to be erected, built, con- structed, created, or maintained a water ski ramp, floating platform, or other similar structure on Lake Worth, without approval of the City of Fort Worth; (15) For any person to engage in water skiing, aquaplaning, paraskiing, or similar activity by use of a water ski ramp on Lake Worth without approval of the City of Fort Worth; *** (19) For any person to operate a boat on Lake Worth that is unseaworthy; (20) For any person to use a boat on Lake Worth as a place of abode; (21) For any person to moor or attach a boat to a buoy, beacon, light marker, stake, flag or other aid to safe navigation placed upon the public water. No person may install, move, remove, displace, tamper with, damage or destroy markers or aids to safe navigation; r. (22) For an operator of a boat involved in an accident, collision, or casualty (i) to fail to render to other affected persons such assistance as may be practicable and necessary to save them from or minimize any danger if the operator can do so without serious damage to his own boat, crew, and passengers; (ii) to fail to give his name, address, and identification of his boat' in 5 ,.. c~ ~~ y } writing to any person injured and to the owner of any property damaged in the accident, collision, or casualty; and (iii) to fail to file a full description of the accident, collision, or casualty as required by state law. SECTION 6. That Section 18-38 (Classifications; required equipment) of Article III (Water Safety) of Chapter 18 of the Code of the City of Fort Worth (1986), as amended, be amended and as amended shall read as follows: Sec. 18-38. Classifications; required equipment. Boats pperating on Lake worth shall be classified and equipped in accord with the regulations of the United States Coast Guard. In addition, a boat towing a person or persons on water skis, paraski, windsurfer, aquaplane, or similar device must have a rearview mirror of a size no less than four inches from bottom to top and across from one side to the other. The mirror must be mounted firmly so as to give the boat operator a full and complete view beyond the rear of the boat at all times. The rearview mirror is not required on a boat used in water ski competitions, exhibitions, or tournaments, or on a boat that, in addition to the operator, has on board a person 13 years of age or older observing the progress of the person being towed. Moreover, a motor- or power-driven boat must have an exhaust water manifold or a factory-type muffler installed on the engine SECTION 7. This ordinance shall be cumulative of all provisions of ordi- nances and of the Code of the City of Fort Worth, Texas (1986), as amended, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event conflicting provisions of such ordinances and such Code are hereby repealed. r 6 SECTION 8. Mayor and Council Communication No. L-10380 , approved by the City Council on January 22 1991 is expressly incorporated by reference as an explanation of the purpose and intent of the Council in adopting this ordinance. SECTION 9. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and, if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, sL~ch unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, para- graphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sen- tence, paragraph or section. SECTION 10. Any person, firm or corporation who violates, disobeys, n omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for ea-ch d ' offense. Each day that a violration is permitted to exist shall constitute a separate offense. 7 . ~ - f :, ti ~- o SECTION 11. All rights and remedies of the City of Fort Worth, Texas, are expressly saved as to any and all violations of the provi- sions of Chapter No. 18 or any other ordinances affecting generally, swimming, pollution and water safety at Lake Worth that have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 12. The City Secretary of the City of Fort Worth, Texas, is here- by directed to publish the caption and penalty clause of this ordinance for two days in the official newspaper of the City of Fort Worth, Texas, as authorized by Section 52.013, Texas Local Government Code. SECTION 13. The City Secretary of the City of Fort Worth, Texas, is here- by directed to engross and enroll this ordinance by copying the i caption, penalty clause and effective date in the minutes of the City Council and by filing the ordinance in the ordinance records of the City. 8 ~~ - y • - 4 ~ SECTION 14. This ordinance shall be in full force and effect from and after its passage and publication as required by law, °and it is so ordained. APPROVED AS TO FORM AN LEGALITY: is ant City Attorney Date : 1 " a 3 - `l ~ ADOPTED : ~' O~ o~ ' q I EFFECTIVE• F i I ~ I 9 ~ 7' ~ MAS (ER FILE 1 •'"~y ' ~CCDUNTING•2 ~, 7/ 1 ~RANSPDRTATION'PUBUC YyD~ga M~®~ Y~~ ~®~~~~ // ~®~~~~~~~~~~®~ °TER ADMINi$7RATi(iff d ~~~~JJ11~1r 1~1L /W/ ~/JLI]V/ (l/L ~EA.L PROPEkI'r. DATE REFERENCE suB~ECT ADOPTION OF ORDINANCES CHANGING PAGE NUMBER CHAPTER 18 (LAKE WORTH) OF THE CODE OF 1 1-22-91 L-10380 ruc rTTV nr cnor LInD-ru ~~nQC~ nc ' °f- AMENDED; IMPLEMENTATION OF LAKE WORTH ' USE FEE, BOAT TOILET INSPECTION, CHANGES TO BOATING SAFETY AND EQUIPMENT SECTIONS, AND ADDITION OF ARTICLE IV-MARINAS AND MARINE FUEL FACILITIES RECOMMENDATION: It is recommended that the City Council approve: 1. the adoption of the attached ordinance that amends Sections 18-4, 18-5, 18-6, 18-36, 18-37, and 18-38 of Chapter 18 (Lake Worth) of the Code of the City of Fort Worth; and 2. the adoption of the attached ordinance that amends Chapter 18 (Lake Worth) of the Code of the City of Fort Worth by adding Article IV (Marinas and Marine Fuel Facilities). DISCUSSION: These ordinances are proposed to improve the safety and water quality of Lake Worth. The attached ordinance implements a Lake Worth use fee that will be used to pay for improved security and increased enforcement of boating safety rules and regulations. The ordinance also requires inspection of boat toilets to protect the water quality of the lake. The attached ordinance proposes regulations to govern marinas and marine fuel facilities on Lake Worth. Both ordinances have been proposed according to ideas and concerns expressed by interested citizens at public hearings. LAND AGENT: Pam Root RG:w 16LKWRTH APPROVED DY C!~( COUlVClL JAN 22 1991 ~~ SUBMITTED FOR I ht CITY MANAGER'S OFFICE BY ORIGINATING DEPARTMENT HEAD Mike Pyles FOR ADDITIONAL INFORMATION CONTACT Mike P DISPOSITION BY COUNCIL; City Of FO . ¢~Y Q APPROVED C OTHER (DESCRIBE) _ CITY SECRETARY / ~ 7 d~pted Ordinance No: DATE