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Ord 1799 3/10/1958` y < -1 ORDINANCE NO. 1.799 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 TERNS USED HEREIN; PROVID- ING FOR ZONING THE LAKES; PROVIDING FOR CLASSIFICATION OF CRAFT; PROVIDING FOR ANNUAL INSPECTION AND REGISTRATION OF CRAFT; SETTING INSPECTION FEES; PRESCRIBING SAFETY EQUIPMENT REQUIREMENTS; RE- QUIRING EMERGENCY LIGHTS; REQUIRING BOATS TO BE PROPERLY MARKED FOR IDENTIFICATION; REQUIRING MUFFLING DEVICES; PRESCRIBING NAVIGATION RULES; PROVIDING FOR PROCEDURE IN CASE OF ACCIDENT; PROVIDING WATER SKIING REGULATIONS; CONTROLLING UNDER WATER OBSTRUCTIONS; REQUIRING BOATS TO BE SECURED; PROVIDING PENALTIES FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING A SAVING CLAUSE AND DECLARING AN EMERGENCY. it Be it ordained by the Board of Aldermen of the City of Wichita Falls; SECTION 1. Purpose. The following rules and regulations are established for the government and protection of the public while engaged in aquatic sports and boating on the lakes owned or controlled 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 meanings respectively ascribed to them in this section. 1. 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. 2. Motor Boat. - Any boat or craft propelled by machinery. 3. Water Intake Station. - The points on the lake where the water department collects lake water for the municipal water supply. SECTION 3. 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 Re- creation for supervision and control. The Director of Parks and Re- creation, his Rangers or Officers shall have full power to revoke any registration certificate 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 re- gulations. If for any reason a persons certificate or license is revoked, he may appeal to the Board of Aldermen. SECTION 4. Zoning the Lakes. The Department of Parks and Rec- reation shall have the authority to zone the lakes into fishing area ski area, speed area and anchorage area. Appropriate markers shall be placed to designate these areas and define the limits of the zones. SECTION 5. Classification of Craft. Boats operated on waters owned or controlled by the City of Wichita Falls shall be classified in the following manner. -1- :machinery. 1. Motor Boat - Any craft, vessel or boat propelled by 2. Outboard Motorboat - Any vessel, craft, or boat that is terriporarily equipped with a detachable motor or motors that are clamped or otherwise temporarily fastened to the boat as distinguished from outboard motors bolted or permanently secured to the craft. 3. Sail Boat - Any sailing vessel not equipped with aux- illa.ry motor. 4. Row Boat - Any skiff, dinghie, canoe or any vessel, craft, or boat not powered by machinery or equipped with sails. t,ZOTORBOATS shall be further classified in the following manner: Class "A" -- Any vessel less than 16' in length. Class 11111 -- Any vessel 161 in length and not more than 261 in length. Class 112" -- Any vessel more than 261 and not more than 401 in length. Class "3" -- Any vessel more than 40t and not more than 65' in length. SECTION 6. Inspection and Registration of 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 `Viiohita Falls unless such boat has passed the prescribed annual safety inspection and unless there has been obtained for such boat and existing_; in full force and effect a registration certificate, duly issued by the Department of Parks and Recreation of the City of Wichita as provided in this ordinance. A registration certificate shall be required for every boat whether used and operated for commercial or private purposes. A. Annual Safety Inspection. A safety inspection shall be conducted annually by the Department of Parks and Recreation. To pass such inspection the craft must comply with the hereinafter pry, scribed safety requirements, set out in Section 7 hereof. B. Registration of Private Craft. Application for the registration and inspection of a boat for private purposes shall be made on a form provided by the Department of Parks and recreation of the City of "ichita Falls, and under the rules and regulations provided for an application to license a commercial boat, wherever such rules f3.nz regulations are applicable. C. Temporary Permit. A temporary permit to operate a beat for private purposes, not to exceed three days, may be issued. Exten- sions of such temporary permit may be granted not to exceed an aggregate of thirty days for such temporary operation. Any boat being so one.rated tem=porarily shall be identified by an appropriate insignia. D. 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 4ichita Falls. Every application 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; locatioa 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: received and discharged; and _z,>n.ral description of equipment, including standard safety devices -2- E OFFICE MEMO To Kr. Priberg, City AttorneV Date 195 EAMIPT FROM MMMS OF � sk;A -Z "'F BOARD OF ALDIRIEN Hh U 4- -28—,%: Moved by Alderman; Hale that Section 7, A, 1; B and C, 1 of Ordinance tdo. 1799 be amended to reads "Lifesaving Devices — One coast guard— approved life preserver,, band vest, ring buoy, buoyand cushion and /or Stpeofoam, or foam rubber ski belt in good and serviceable condition for each parson on board." Notion seconded by Ajdci--= Bonner and carried by the following votes Yeas; Aldermen Hale, Bonner, Vaughan, "eissner aad Thacker. Mays: None. Goo, T. Benderson, City Cl rk on such boat. In addition the boat must pass the annual safety in- spection and have a registration certificate in force. E. Fees. In order to defray a part of the expenses necessary 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 registration certificate and inspection fee in accordance with the following 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 50 For every private boat operating temporarily (3 days) .50 All such fees shall be collected by the Department. of Parks and Re- creation from every person, firm, association, society, institution, or corporation operating a private or commercial boat, and such fees shall be paid by the applicant before the granting of a license, re- gistration or annual safety inspection certificate. F. Tent► 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, i April, July and October. SECTION 7. _Safety Equipment Requirements. All boats operating on waters owned or controlled by the City of lVichita Falls, shall be subject to the following equipment requirements. A. Motor Boats of Class "A" 1. Lifesaving Devices - One coast guard- approved life pre- server, buoyant vest, ring buoy, or buoyant cushion in good and service- r able condition for each person on board. 2. Lights - (When operating between sundown and sunrise) A combination light in the forepart of the boat, showing red to port, and green to starboard, from right ahead to two points abaft the beam, visible for 1 mile. A white light aft showing all around the horizon, visible for 2 miles. 3. Ventilation. Two or more ventilators with cowls or equivalent capable of removing gases from the bilges in engine and fuel - tank comBartments on boats, using gasoline or fuel of a flashpoint less than 110 F. Motorboats so constructed as to have the greater portion of the bilges under the engine and fuel tanks open and exposed to the natural atmosphere at all times are not required to be fitted with such ventilators. 4. Fire Extinguishers. One (1) U. S. C. G. Type B -1 Fire extinguisher. Not required on outboard) 5. Flame Arrestor. Carburetors on all engines on motorboats other than outboard engines, shall be fitted with an approved device for arresting backfire. -3- w -- B. Motor Boats of Class "1" The same equipment as required by a Class "A" motorboat is required on this class boat. The only addition is a hand, mouth, or power - operated whistle or horn capable of producing a blast of at least 2 seconds' duration and be audible for a distance of at least 2 mile. C. Motor Boats of Class 112" 1. LIFESAVING DEVICES. Same as for a Class 111" Motorboat. 2. LIGHTS. A bright white light in the forepart of the vessel as near the stem as practicable, so constructed as to show an unbroken light over an arc of the horizon of 20 points on each side of the vessel; namely, from right ahead to 2 points abaft the beam on either side. A bright white light aft to show all around the horizon and higher then the white light forward. On the starboard side a green light so con- structed as to show an unbroken light over an are of the horizon of 10 points of the compass, so fixed as to throw the light from right ahead of 2 points abaft the beam on the port side. The said side lights shall be fitted with inboard screens of sufficient length and height or shall be mounted on cabin sides and so set as to prevent these lights from being seen across the bow. The white lights prescribed shall be of such character as to be visible at the distance of at least 2 miles. The colored side lights prescribed shall be of such character as to be visible at a distance of at least 1 mile. 3. BELL. One which when struck, produces a clear, bell - like tone of full round characteristics. 4. HORN OR WHISTLE. One hand or power - operated whistle or horn capable of producing a blast of at least 2 seconds► duration and audible for a distance of 1 mile. 5. VENTILATION. Same as for a Class "1" Motorboat. 6. FLAME ARRESTOR. Same as for a Class 111" Motorboat. 7. FIRE EXTINGUISHERS. 2 (two) U. S. C. G. Type B -1 or one (1) Type B -1 if fixed CO2 system is located in the machinery space. D. Motorboats of Class 11311. 1. LIFESAVING DEVICES. One Coast Guard - Approved life preserver or ring buoy for each person on board (buoyant cushions or buoyant vests will not meet the requirements on this class boat.) 2. LIGHTS. Same as for a Class 112" Motorboat. 3. BELL. Same as for a Class 112" Motorboat. 4. HORN OR WHISTLE. Must be power operated, capable of producing a blast of at least 2 seconds' duration and audible for a distance of at least 1 mile. 5. VENTILATION. Same as for a Class 112" Motorboat. 6. FLAME ARRESTOR. Same as for a Class 112" Motorboat. 7. FIRE EXTINGUISHER. Three (3) U. S. C. G. Type B -1 or two (2) Type B -1 if fixed system is in machinery space. y E. Emergency Lights. All boats operating between sunset and sunrise shall exhibit the lights specified in this section. In addition, all sail boats operating under sail, all row boats, and all outboard motor boats less than 16' long operating between sunset and sunrise shall carry and have ready at hand a lantern or flash- light showing a white light which can be exhibited in sufficient time to avert collision. -4- SECTION 8. Boats Properly Marked. Every boat used or operated on a municipally owned or controlled lake whether for commercial or private purposes, shall be properly marked on the hull above the water line so that such boat may be readily identified. A. U. S. Coast Guard Numbers. Any craft possessing a U. S. Coast Guard Certificate of Award of Number shall be subject to registration and annual inspection. However, no number in addition to the number assigned by the coast guard will be required or allowed on the craft. B. All Other Craft. Every other boat shall have the registration number awarded or assigned painted on or attached to each side of the bow so that the number reads from left to right. The number shall be located as high above the water line as practicable, but in no case will the bottom of the letters be less than 3 inches from the water line. C. Style of Numbers. The number shall be in block characters of good proportion, not less than 3 inches in height, and parallel with the water line as near the forward end of the bow as legibility of the entire number for surface and aerial indentification permits. D. Color of Numbers. The numbers shall be of a color which will contrast with the color of the hull so as to be distinctly visible and legible; i.e., if the hull is light, the color of the numbers shall be dark, or if the hull is dark, the color of the numbers shall be light. SECTION 9. 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 of the engine. The phrase "adequately muffling" shall mean that the motor's exhaust at all times be so muffled or suppressed as not to create excessive or unusual noise. The discharge of cooling water through the exhaust of an inboard engine shall be considered an adequate muffling device. A. Exception. The foregoing muffler rule shall not apply for reasonable testing of racing engines nor their operation in a sanctioned motor boat race for which permission of the board of aldermen had been obtained. SECTION 10. RECKLESS DRIVING AND SPEEDING A. Speeding. Every operator of a motorboat shall at all times navigate the same in a careful and prudent manner and at such rate of speed as not to endanger the life, limb, or property of any person. B. Visible Wake. No person shall operate a motorboat within 200 feet of a pier or bank or within a designated No Skiing area in such a manner as to create a visible wake. C. Reckless Driving. Reckless navigation of a motorboat shall include operating the same in a manner which unnecessarily interfers with t',e free and proper use of the navigable waters or unnecessarily endangers other boats therein, or the life, limb or property of any person. D. Boat Must Be Controlled. No person shall operate any totorboat at a rate of speed greater than will permit him, in the exercise of reasonable care, to bring the motorboat to a stop within the assured clear distance ahead. -5- SECTION II. TRAFFIC RULES A. Passin . When two boats are approaching each other "head -one" 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 clock wise direction and make all turns to the left. SECTION 12. TRAFFIC LANES No person shall anchor a boat for fishing or other purposes on any body of water owned or controlled by the City of Wichita Falls in such a position as to obstruct a passageway or channel ordinarily used by other boats. SECTION 13. OVERLOADING No boat shall be loaded with passengers or cargo beyond its safe carrying capacity taking into consideration weather and other normal operating conditions. SECTION 14. RIDING ON DECKS AND GUN! ^'ALFS No person operating 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 passengers or other persons aboard a boat cannot stand on the decking over the bow of the boat to moor the boat to a mooring buoy or to cast off from such a buoy, or for any other necessary purpose. SECTION 15. MOORING TO BUOYS AND MARKERS It shall be unlawful for any person to moor any boat to any safety buoy or channel marker or in any manner to hang on to such buoy or marker with a boat. SECTION 16. WATER INTAKE STATIONS It shall be unlawful for any person to =anchor, moor, or stop a boat within 1000 feet of any water intake station. SECTION 17. ACCIDENTS The operator of any boat involved in an accident resulting in injury or death of any person or in damage to property shall immediately stop such boat at the scene of such accident and shall give his name, address, full identification of his boat and the name and address of the owner, to the person struck or the operator or occupants of the boat collided with, and shall render to any person injured in such an accident reasonable assistance and shall report such accident to the nearest or most convenient law enforcement agency or office. SECTION 18. 14siTER SKIING REGULATIONS It shall be unlawful for any person to drive or operate a motor boat, towing a person, or persons on water skis in an area that is designated "No Skiing' Area. A. It shall be unlawful for any person or persons to water ski while towed by a motor boat unless such person or persons be wearing a Coast Guard approved life preserver. SECTION 19. BOATS MUST BE SECURED It shall be unlawful 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 20. UNDERWATER OBSTRUCTIONS It shall be unlawful 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 (elev. 9801). SECTION 21. TROT LINES, NETS AND GkNG HOOKS It shall be unlawful for any person or persons, on any water owned and controlled by the City of Wichita Falls, to place, set or put trotlines, gang hooks or fish nets in any area except a "No Skiing" Area. SECTION 22. PENALTY CLAUSE Any person who shall violate 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 dollars. SECTION 23. SAVING CLAUSE If any section, subsection, sentence, clause or phrase of this ordinance is for any reason 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, end 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 24. EMERGENCY CLAUSE The fact that the City of Wichita Falls does not have rules and regulations for the governing and protection of the public while engaged in aquatic sports and boating on the lakes owned or controlled by the City of Wichita F als, creates an emergency and it is hereby declared to be an emergency measure, and this ordinance shall become effective immediately after its passage. .7 PASSED AND APPROVED this rday of l// ,/1953. CITY OF WICHITA FALLS By i1 Mayor -7-