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Ord 2256 8/15/1966 ORDINANCE NO. e .„, AN ORDINANCE REGULATING AQUATIC SPORTS AND THE OPERATION OF PRIVATE AND COMMERCIAL BOATS ON THE LAKES OWNED OR CONTROLLED BY THE CITY OF WICHITA FALLS, DEFINING THE TERMS USED HEREIN, PROVIDING PENALTIES FOR THE VIOLATION OF THIS ORDINANCE, AND PROVIDING A SAVING CLAUSE. BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION 1. Purpose. The following rules and regulations are established for governing and protecting the public while engaged in aquatic sports and boating on the lakes owned or con- trolled by the City of Wichita Falls. SECTION 2 . Definitions. The following words and phrases when used in this ordinance, shall have, for the purpose of this ordinance the meaning respectively ascribed to them in this sec- tion. A. Lake. All waters of the stream and its tributaries impounded by the dam across the stream and owned or controlled by the City of Wichita Falls. B. Water Intake Station. The points on the lake where the City collects lake water for the Municipal supply. SECTION 1. Creation of Authority for Supervision. The Board of Aldermen of the City of Wichita Falls may designate, by motion, any body of water or surface of any lake a City park. The entire property so designated shall be transferred to the Department of Parks and Recreation for supervision and control. The Director of Parks and Recreation, his rangers or officers shall have full power to revoke any permit or license for the violation or infringement of the rules and regulations established for the lake and/or to remove from the premises any person or persons violating such rules and regulations. If for any reason a persons permit or license is revoked, he may appeal to the Board of Aldermen. SECTION 4. Permit or Used Fees for Craft. It shall be unlawful for any person to operate, or cause to be operated, any boat upon the waters owned or controlled by the City of Wichita Falls unless such boat has first met all requirements of Texas Water Safety Act and unless there has been obtained for such boat and existing in full force and effect, a per- mit duly issued by the Department of Parks and Recreation of the City of Wichita Falls as provided in this ordinance. A permit shall be required for every boat whether used and oper- ated for commercial or private purposes. A. Annual Safety Inspection. A safety inspection shall be conducted annually by the Department of Parks and Recreation. Il -- To pass safety requirements, proof of compliance with those section (s) of the Texas Water Safety Act referring to safety equipment, must be established. B. Temporary Permit. A temporary permit to operate a boat for private purposes, not to exceed three days, may be issued, providing the boat meets requirements of Section 7 of - the Texas Water Safety Act. Extensions of such temporary per- mit may be granted not to exceed an aggregate of thirty days for such temporary operation. Any boat being so operated tem- porarily shall be indentified by an appropriate insignia. C. License for Commercial Craft. Application for a license to operate a boat for commercial purposes shall be made on the proper form provided by the Department of Parks and Recreation of the City of Wichita Falls. Every applica- tion shall be signed and sworn to by the applicant and shall give the following information: Name, age, and address of the applicant and owner of the boat; name and age of boat; capacity of boat; purposes for which the boat will be operated; loca- tion of dock or wharf to be used as base for the boat; probable route or routes to be followed in the operation of the boat; designated places at which passengers or freight will be re- ceived and discharged; and general description of equipment, including standard safety devices on such boat. In addition, the boat must pass the annual safety inspection and have a permit in force. D. Fees. In order to defray a part of the expenses nec- essary to provide surveillance, supervision, and inspection of boats under the terms of the ordinance, and other ordinances of the City of Wichita Falls, regulatory thereof, there is hereby levied a permit and inspection fee in accordance with the fol- lowing schedules: 1. For every private boat $1.00 2. For every boat hired or rented without outboard or other motor 1.00 3. For every boat hired or rented with outboard or other motor 2 .00 • 4. For every boat used to carry pass- . engers or freight for hire 5.00 5. For every private boat operating temporarily (3 days) . 50 All such fees shall be collected by the Department of Parks and Recreation from every person, firm, association, society, insti- tution, or corporation operating a private or commercial boat, and such fees shall be paid by the applicant before the granting of a license or annual permit. E. Term of License. Licenses for commercial craft granted under the terms of this ordinance shall run for the calendar year and annual renewals shall be made for the new calendar year. . If a license is granted during a current year, the fee shall be collected pro rata for the balance of the calendar year on a basis of the number of quarterly periods and fractions thereof remaining in said calendar year, such pro rata charges to be calculated from the first day of January, April, July and Octo- ber. SECTION 5. Muffling Devices. It shall be unlawful to operate a boat propelled in whole or in part by gas, gasoline or naptha unless the same is provided with a stock factory muffler, underwater exhaust or other modern devices capable of adequately muffling the sound of the exhaust or engine. The phrase "adequately muffling" shall mean that the motor ' s ex- haust at all times be so muffled or suppressed as not to create excessive or unusual noise. The discharge of coaling water through the exhaust of an inboard engine shall be considered an adequate muffling device. SECTION 6. Traffic Rules. A. Passing. When two boats are approaching each other "head-on" or nearly so (so as to involve risk of collision) , it shall be the duty of each boat to bear to the right and pass the other boat on its left side. B. Crossing. When boats approach each other obliquely or at right angles, the boat on the right shall have the right- of-way. C. Overtaking. One boat may overtake another on either side but must grant right-of-way to the overtaken boat. D. Right-of-Way. Power boats shall yield the right-of- way to all boats which are not power propelled. E. Tow Boats. Boats towing water skiers shall circle the course in a counter clockwise direction and make all turns to the left. SECTION 7 . Overloading. No boat shall be loaded with passengers or cargo beyond its safe carrying capacity as recom- mended. by the boat manufacturer. SECTION 8. Riding on Decks and Gunwales. No person op- _ erating a motorboat shall allow any person to ride or sit on either the starboard or port gunwales thereof, or on the decking over the bow of the vessel while underway. Nothing in this section shall be construed to mean that pass- engers or other persons aboard a boat cannot stand on the deck- ing over the bow of the boat to moor the boat to a mooring buoy or to case off from such a buoy, or for any other necessary pur- pose. SECTION 9. Water Intake Stations. It shall be unlawful for any person to anchor, moor, or stop at boat within 1000 feet of any water intake station. SECTION 10 . Water Skiing Regulations. All sections of Texas Water Safety Act pertaining to water skis and aquaplanes shall apply to this section with the following additions. A. It shall be unlawful for any person to drive or op- erate a motor boat towing a person or persons on water skis, aquaplane, or similar device in an area designated "No Skiing" area. B. It shall be unlawful for any person or persons to water ski, ride an aquaplane or similar device while towed by a motor boat unless such person or persons are wearing a life saving device of the design as set out and prescribed in Sec- . tion 7,F, of Texas Water Safety Act. SECTION 11. Boats Must Be Secured. It shall be unlaw- ful for any person to leave a boat unattended on any lake owned or controlled by the City of Wichita Falls unless said craft is secured to a dock, anchor, buoy or a boat house. SECTION 12. Underwater Obstructions. It shall be unlaw- ful for any person or persons, on any waters owned or controlled by the City of Wichita Falls, to drive, place, put or erect any post, stake, pipe, pier, float or obstruction unless the top of the obstruction shall extend at least one foot above the high water mark. SECTION 13. Trot Lines, Nets and Gang Hooks. It shall be unlawful for any person or persons, on any waters owned or controlled by the City of Wichita Falls, to place, set or put trot lines, gang hooks or fish nets in any area except a "No Skiing" area. SECTION 14. Penalty Clause. Any person who shall vio- late any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and on conviction thereof shall be punished by a fine in any sum not to exceed two hundred dol- lars ($200) . SECTION 15. Saving Clause. If any section, subsection, sentence, clause or phrase of this ordinance is for any rea- son held to be unconstitutional or invalid by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance, and the Board of Aldermen hereby declares that it would have passed this ordinance, and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more of the other sections, subsections, sentences, clauses or phrases be declared unconstitutional and invalid. SECTION 16. Repealer. Ordinance No. 1799 of the City of Wichita Falls is hereby repealed. All ordinances or parts thereof which are in conflict herewith are hereby repealed. PASSED AND APPROVED this the / h day of , ' 1966. M A Y O R A T T E S T: City Clerk • • •