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HomeMy WebLinkAboutOrdinance 7339 ORDINANCE NO. ` J"' AN ORDINANCE AMENDING CHAPTER 23 OF THE FORT WORTH CITY CODE (1964) , AS AMENDED, LAKE WORTH, BY ADDING THERETO SECTIONS 23-10 THROUGH 23-21, INCLUSIVE; PROVIDING FOR THE REGULATION AND LICENSING OF BOATS ON THE WATERS OF LAKE WORTH; PROVIDING FOR DEFINI- TIONS; MAKING CERTAIN CONDUCT ON THE WATERS OF LAKE WORTH UNLAWFUL; REQUIRING CERTAIN EQUIPMENT TO BE CARRIED ON BOATS; PROVIDING FOR THE RULES OF THE ROAD ON THE WATERS OF LAKE WORTH; PROVIDING FOR IM- POUNDMENT OF ABANDONED AND ADRIFT BOATS; PROVIDING FOR ENFORCEMENT; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES; REPEALING ALL ORDINANCES AND PROVISIONS OF THE FORT WORTH CITY CODE IN CONFLICT HEREWITH; PROVIDING A SEVERABILITY CLAUSE; PROVID- ING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That Chapter 23 of the Fort Worth City Code (1964) , as amended, is hereby amended by adding thereto Section 23-10 through Section 23-21, inclusive, and, after being so amended, same shall read as follows: "ARTICLE III. WATER SAFETY "Sec. 23-10. Definitions. "For the purpose of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section: "Boat. Any vessel or other watercraft, whether moved by oars, paddles, sails, or other power mechanism, inboard or outboard, or any other vessel or structure floating on the water, whether or not capable of self-locomotion, including by example but not limitation, cabin cruisers, houseboats, barges, marinas and similar floating objects. "Boat Livery. Any business establishment engaged in renting -or hiring out boats for profit. "Owner. Any person who claims lawful possession of a boat by virtue of a legal title or equitable interest therein which entitles him to such possession. "Person. Any individual, partnership, firm, corporation or association of persons. "Operate. To navigate or otherwise use a boat on the waters of Lake Worth. "Sec. 23-11. Prohibited conduct. "It shall be unlawful: "(a) For any person under fourteen (14) years of age to operate a boat, other than a sailboat, unless accompanied by a person eighteen (18) years of age or older who is supervising the actions of such operator. "(b) For any person to operate any boat or manipulate any water skis, aquaplane or similar device in a willfully or wantonly reckless or negligent manner so as to endanger the life, limb or property of another person. " (c) For any person to operate any boat at a rate of speed greater than is reasonable and prudent, having due regard for the conditions and hazards, actual and potential, then existing, including weather and density of traffic, or greater than will permit him, in the exercise of ordinary care, to bring such boat to a stop within the assured clear distance ahead. " (d) For any person to operate a boat so as to create a hazardous wake or wash. "(e) For any person to operate a boat in a circular course around any other boat, any occupant of which is engaged in fishing, or in a circular course around any person swimming. "(f) For any swimmer or diver to come within two hundred (200) yards of any sight- seeing or excursion boat except for maintenance purposes or unless such boat is within an enclosed area. " (g) For any person to operate a boat within a water area which has been clearly marked by buoys or some other distinguish- ing device as a bathing, fishing, swimming or otherwise restricted area; provided, however, that this section shall not apply in case of an emergency, or to patrol or rescue craft. -2- "(h) For any person to operate a boat or manipulate any water skis, aquaplane or similar device, while such person is intoxicated, or under the influence of intoxicating liquor, or while under the influence of any controlled substance as defined in the Texas Controlled Sub- stances Act. I' M For any person to manipulate any water skis, aquaplane or similar device without wearing a life preserver or life belt. "(j) For any person to operate a boat towing a person or persons on water skis, aqua- plane or similar device at any time between the hours of sunset and sunrise; provided, however, that this section shall not apply to boats or persons en- gaged in water skiing tournaments, com- petitions, exhibitions or trials therefor, if adequate lighting is provided for such activity. "(k) For any person to engage in water skiing aquaplaning or similar activity at any time between the hours of sunset and sun- rise; provided, however, that this section shall not apply to boats or persons en- gaged in water skiing tournaments, compe- titions, exhibitions or trials therefor, if adequate lighting is provided for such activity. " (1) For any person to operate a boat towing a person or persons on water skis, aquaplane or similar device unless the boat is equipp- ed with a rearview mirror of a size no less than four inches (4") in measurement from bottom to top or across from one side to the other. The mirror shall be mounted firmly so as to give the boat operator a full and complete view beyond the rear of the boat at all times. "(m) For any person to engage in water skiing, aquaplaning or similar activity when being towed by a boat not equipped with a rear- view mirror of a size no less than four (4") in measurement from bottom to top or across from one side to the other. The mirror shall be mounted firmly so as to give the boat opera- tor a full and complete view beyond the rear of the boat at all times. "(n) For any person to erect, build, construct or create, or cause to be erected, built, con- structed or created a water ski ramp on the waters of Lake Worth, without approval of the Park and Recreation Department. -3- " (o) For any person to engage in water skiing, aquaplaning or similar activity by means of the use of a water ski ramp on the waters of Lake Worth without approval of the Park and Recreation Department. "(p) For any person, firm, association of persons, corporation and every other organization operating a boat on the waters of Lake Worth to dispose into the waters of Lake Worth trash, body waste and excreta. " (q) For any person operating a boat to will- fully fail or refuse to bring his boat to a no wake speed, and subsequent stop, or who otherwise flees or attempts to elude a pursuing peace officer's or lake officer's boat, after being given a visual or audible signal to bring his boat to a stop. The signal given by the peace or lake officer may be by hand, voice, emergency red beacon light or siren. The officer giving such signal shall be in uniform, prominently displaying his badge of office, and his boat shall be appropriately marked showing it to be an official City of Fort Worth boat. "(r) For any person operating a boat on the waters of Lake Worth to refuse to obey the direc- tions of peace or lake officer when such officer is acting pursuant to this article. "Sec. 23-12. Classification and required equipment. "All boats shall be divided into the two (2) following classes for the purpose of determining the safety equipment to be carried on such boats: " (a) Class I - All motor or power driven boats shall carry on board at all times the following equipment: "(1) One (1) life preserver, or life belt, or ring buoy, or other device of the sort prescribed by the regulations of the Commandant of the United States Coast Guard for each person on board, so placed as to be readily accessible; provided further, that the operator of every Class I boat shall require every passenger twelve (12) years of age or under at all times to wear a life preserver of the sort prescribed by the regulations of -4- the Commandant of the United States Coast Guard; and "(2) A sufficient number, size and type of fire extinguishers, capable of promptly and effectually extinguish- ing burning gasoline, as may be pre- scribed by the regulations of the Commandant of the United States Coast Guard, which fire extinguishers shall be at all times kept in condition for immediate and effective use and shall be so placed as to be readily access- ible; and "(3) A whistle, bell or mechanical sound producer capable of producing a blast of two (2) seconds or more in duration; and "(4) A bright white light placed aft that shall show all around the horizon and shall be visible for a distance of not less than two (2) miles; and " (5) A bright white light placed in the fore part of the boat and lower than the white light aft, as near the stern as practicable, so constructed as to show an unbroken light over an arc of the horizon of twenty (20) points of the compass, so fixed as to throw the light ten (10) points on each side of the boat; namely from straight ahead to two (2) points abaft the beam on either side; and visible for a distance of not less than two miles; and "(6) A combination lantern in the fore part of the boat and lower than the white light aft, showing green to starboard and red to port, so fixed as to throw the light from straight ahead to two (2) points abaft the beam on the respective sides and visible for a distance of not less than one (1) mile. " (b) Class II - All non-motor or non-power driven boats shall carry on board at all times the following equipment: -5- "(1) one (1) life preserver, or life belt, or ring buoy, or other device of the sort prescribed by the regulations of the Commandant of the United States Coast Guard for each person on board, so placed as to be readily accessible; provided further, that the operator of every Class II boat shall require every passenger twelve (12) years of age or under at all times to wear a life preserver of the sort prescribed by the regulations of the Commandant of the United States Coast Guard; and "(2) A white light, but not necessarily a fixed light, that shall show around the horizon and shall be visible for a distance of not less than one (1) mile. "Sec. 23-13. Boat liveries. "The owner or operator of a boat livery shall obtain a license for all boats used to rent or let for hire that are capable of being used as a boat. The owner of a boat livery shall keep a record of: the name and address of the persons hiring any boat which is designed or permitted by him to be operated as a boat; the license number thereof; the time and date of departure and the expected time of return. The records shall be kept for six (6) months. "It shall be unlawful for any boat livery owner or agent to rent or let for hire any boat without having such boat equipped with one (1) United States Coast Guard approved life-saving device aboard for each person aboard the boat. "Sec. 23-14. Rules of the road. "The United States Coast Guard Inland Rules are hereby adopted and shall apply to all waters of Lake Worth insofar as they are applicable. "Sec. 23-15. Abandoned boats. "Any boat found abandoned or adrift on the waters of Lake Worth may be impounded by the City of Fort Worth. The owner of any such abandoned or adrift boat shall be liable for all costs incurred in im- poundment, including costs for storage of such boat. "Sec. 23-16. Enforcement. "All City of Fort Worth peace officers and lake -6- officers shall have and are hereby given authority as enforcement officers for the purposes herein enumerated, and they and each of them shall have the power and authority to enforce the provisions of this article by arrest and the taking into custody any person who may commit any act or offense pro- hibited by this article or any person who may violate any provision of this article. "Any such officer in order to enforce the provisions of this article is hereby given the power and the authority to stop and board any boat subject to this article and to inspect same for compliance with this article. Officers so boarding any boat shall first identify themselves by pre- senting proper credentials; provided, however, that the safety of the boat shall always be the paramount consideration of any arresting officer. If any boat or associated equipment is used in violation of this article so as to create in the judgment of such officer, an especially hazardous condition, he may direct the operator to return to mooring and that the boat may not be subsequently used until the condition creating the violation is corrected. "Any such officer arresting a person for a violation of this article may deliver to such alleged violator a written notice to appear within fifteen (15) days from and after the date of such alleged violation, before the judge of the municipal court of the City of Fort Worth. Such person so arrested shall sign said written notice to appear and thereby promise to make his appearance in accordance with the requirements therein set forth, whereupon he may be released. It shall be unlawful for any person who has made such written promise to appear before the court to fail to appear, and such failure to appear at the time specified shall constitute a misdemeanor and warrant for his arrest may be issued. " "Sec. 23-17. Reserved. "Sec. 23-18. Reserved. "Sec. 23-19. Reserved. "Sec. 23-20. Reserved. "Sec. 23-21. Reserved. SECTION 2. That this ordinance shall be cumulative of all provisions of the Code of the City of Fort Worth, 1964, as amended, with -7- respect to regulating boats on the waters of Lake Worth except in those instances where the provisions of this ordinance are in direct conflict with the provisions of such Code, in which instances said conflicting provisions of such Code are hereby repealed. SECTION 3. That if any section, part of a section or provision of any section of this ordinance shall be held to be void, in- effective or unconstitutional by a court of competent juris- diction, the holding of such section, part of a section or provision of any section to be void, ineffective or unconsti- tutional for any cause whatsoever shall in no way affect the validity of the remaining sections and provisions of this ordinance, which shall remain in full force and effect. The City Council would not have passed any sections, parts of sections or provisions of any section of this ordinance that were unconstitutional, void or ineffective if it had known that they were unconstitutional, void or ineffective at the time of adopting this ordinance. SECTION 4. That any person, firm or corporation violating any of the provisions of this ordinance shall be fined in any sum not to exceed Two Hundred Dollars ($200.00) , and each viola- tion thereof shall constitute a separate offense. SECTION 5. That this ordinance shall become effective and be in full force and effect thirty days from and after the date -8- of its passage and publication as required by law, and it is so ordained. APPROVED AS TO FORM AND LEGALITY: 05,2:L4 FW414�0 City Attorney Adopted by the City Council Effective -9- FILE UNE City of Fort Worth, Texas BAILIFF Mayor and Council Communication GRAHAM CAMPBELL DATE REFERENCE SUBJECT: Proposed Ordinance Governing PACE NUMBER Use of Waters at Lake 'Worth2 JOHNDROE 4126/76 G-3032 i or At the present time the only official regulation used in promoting recreational water safety for persons and property at Lake 'Worth is the Texas Water Safety Act. The Texas Water Safety Act, written in general terms to apply to all Texas waterways, grants authority for municipalities to enact ordinances to be used in conjunction with the Act, as such ordinances must be uniform and con- sistent with the equipment provisions of the Act. Since the Park and Recreation Department is responsible for enforcing rules and water safety regulations at Lake Worth, the staff and the Park Patrol have determined a need for an ordi- nance to supplement the Texas Water Safety Act. Attached is a copy of a proposed ordinance prepared by the City Attorney, at the request of the Park and Recreation Department. In essence, this ordinance provides for: 1. Making unsafe conduct on the waters of Lake Worth unlawful; 2. Requiring safety equipment to be carried on boats while operat- ing on the waters of Lake Worth; 3. Providing for "rules of the road" on the waters of Lake Worth; 4. Providing for impoundment of abandoned and adrift boats on the waters of Lake Worth; 5. Providing a penalty for violations of water safety rules. The following are some of the problems being experienced at the present time by the Park Patrol which can be abated and/or solved by the adoption of this ordinance: 1. The department has received numerous complaints from Lake Worth Lessees regarding water skiing primarily concerned with noise and skiing too close to docks and swimmers, etc. The proposed ordinance will provide for better control of these actions. 2. Violators under the Texas Water Safety Act should appear in a Justice of the Peace Court. Violators under the provisions of the proposed ordinance would appear in Municipal Court. By mak- ing this change, Park Rangers will be able to devote more time to Patrol duties and not have to take offenders to Justice of the Peace Courts immediately on arrest of a violation. 3. Abandoned or adrift boats found on Lake Worth must be stored by the Park and Recreation Department and there are presently no provisions for owners to pay storage charges. The proposed ordinance would provide for payment of storage fees by owners, as is the case in the impoundment of automobiles. DATE REFERENCEsUBJECT: Proposed Ordinance Governing PAGE NUMBER 4/26/76 G-3032 Use of Waters at Lake Worth 2 or 2 4. At the present time the determination of whether boats are properly equipped with safety devices is extremely difficult, if not impossible. The proposed ordinance provides for proper controls that can be exercised in assuring required safety devices are carried aboard boats. 5. Under present circumstances control of open waters at Lake Worth is extremely difficult since there are no rules or regulations regarding what may be placed in open waters. The proposed ordinance will provide for controls on the placement of structures, buoys, etc. in open water. 6. Presently there are no areas at Lake Worth designated for skiing purposes only with the result that fishermen, swimmers, skiers, and boaters are inter-mingled, creating a potential hazard. The proposed ordinance provides for the designation of areas at Lake Worth for certain uses. At a regular meeting of the Park and Recreation Advisory Board on April 13, 1976, the Board concurred with staff and recommended acceptance of the attached ordinance by the City Council. The Board postponed action on the staff recommendation providing for registration, inspection and licensing of boats, pending further study. Recommendation It is recommended that the City Council approve the ordinance providing for regulation and licensing of boats, regulating boating safety and conduct and providing for impoundment of boats. JMT:ms Attachment SUBMITTED BY: DISPOSITION BY COUNCIL: PP QCESSED BY L"PPROVED ❑ OTHER (DESCRIBE) .e ® (� 7-/ CITY SECRETARY DATE CITY MANAGER