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HomeMy WebLinkAboutOrdinance 6919Page 1 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6919 File Number: 2025-1828 AN ORDINANCE TO MODIFY THE FEE STRUCTURE FOR LAKE USE AND ACCESS AND ALLOW FOR MORE FLEXIBLE MARINA OPERATIONS BY AMENDING § 97.070 RECREATIONAL ACTIVITIES AT LAKE FAYETTEVILLE, SEQUOYAH, AND WILSON OF THE FAYETTEVILLE CITY CODE WHEREAS, § 97.070 of the City Code establishes regulations for recreational activities at Lake Fayetteville, Lake Sequoyah, and Lake Wilson, including hours of operation, fees, and permitted activities; and WHEREAS, staff recommends allowing the Mayor to establish fees administratively which will increase efficiency by eliminating the need for ordinance amendments each time adjustments are necessary to cover the City's operational costs; and WHEREAS, additionally, staff recommends separating marina office hours from general lake access hours, which will enable the office to operate with flexible or limited schedules based on weather conditions and public demand while ensuring that the lakes remain accessible during established open hours; and WHEREAS, staff recommends consolidating daily and annual permits into a single “lake usage fee” so the City can coordinate more closely with the Arkansas Game and Fish Commission on community fishing programs. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby amends § 97.070 by repealing it in its entirety and enacting a replacement § 97.070 as shown in Exhibit A attached hereto. PASSED and APPROVED on October 21, 2025 Approved: _______________________________ Molly Rawn, Mayor Attest: _______________________________ Kara Paxton, City Clerk Treasurer This publication was paid for by the City Clerk-Treasurer of the City of Fayetteville, Arkansas. Amount Paid: $132.24 Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov CITY COUNCIL MEMO 2025-1828 MEETING OF OCTOBER 21, 2025 TO: Mayor Rawn and City Council THRU: Keith Macedo, Chief of Staff Alison Jumper, Director of Parks, Natural Resources and Cultural Affairs FROM: Lee Farmer, Recreation Superintendent SUBJECT: Amend Recreational Activities at Lake Fayetteville in Section 97.070 of the City Code RECOMMENDATION: Staff recommends approving the proposed ordinance changes to recreational activities in Section 97.070. BACKGROUND: The current ordinance outlines regulations for recreational activities at Lake Fayetteville, Lake Sequoyah, and Lake Wilson, including hours of operation, fees, and permitted activities. Over time, portions of the ordinance have become restrictive and less adaptable to changing conditions. For example, fee amounts are fixed in code, requiring formal amendments for any adjustments, and marina office hours are tied to general lake access, limiting flexibility during periods of low demand or unfavorable weather. In addition, the existing fee structure requires separate permits for fishing and boating, which creates unnecessary complexity and limits opportunities for collaboration with the Arkansas Game and Fish Commission. DISCUSSION: The proposed changes remove specific fee amounts from the City Code, allowing the Mayor to establish fees administratively. This approach increases efficiency by eliminating the need for ordinance amendments each time adjustments are necessary. Additionally, marina office hours are separated from general lake access hours, enabling the office to operate with flexible or limited schedules based on weather conditions and public demand, while ensuring that the lakes remain accessible during established open hours. Finally, daily and annual permits are consolidated into a single “lake access fee.” By moving to lake access fees, the City can more closely coordinate with the Arkansas Game and Fish Commission on community fishing programs. BUDGET/STAFF IMPACT: There is no budget impact associated with these ordinance changes. ATTACHMENTS: 3. Staff Review Form, 4. Exhibit A - Clean, 5. Amend 97.070 - Strikethrough Page 1 City of Fayetteville, Arkansas Legislation Text 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 File #: 2025-1828 AN ORDINANCE TO MODIFY THE FEE STRUCTURE FOR LAKE USE AND ACCESS AND ALLOW FOR MORE FLEXIBLE MARINA OPERATIONS BY AMENDING § 97.070 RECREATIONAL ACTIVITIES AT LAKE FAYETTEVILLE, SEQUOYAH, AND WILSON OF THE FAYETTEVILLE CITY CODE WHEREAS, § 97.070 of the City Code establishes regulations for recreational activities at Lake Fayetteville, Lake Sequoyah, and Lake Wilson, including hours of operation, fees, and permitted activities; and WHEREAS, staff recommends allowing the Mayor to establish fees administratively which will increase efficiency by eliminating the need for ordinance amendments each time adjustments are necessary to cover the City's operational costs; and WHEREAS, additionally, staff recommends separating marina office hours from general lake access hours, which will enable the office to operate with flexible or limited schedules based on weather conditions and public demand while ensuring that the lakes remain accessible during established open hours; and WHEREAS, staff recommends consolidating daily and annual permits into a single “lake usage fee” so the City can coordinate more closely with the Arkansas Game and Fish Commission on community fishing programs. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby amends § 97.070 by repealing it in its entirety and enacting a replacement § 97.070 as shown in Exhibit A attached hereto. City of Fayetteville Staff Review Form 2025-1828 Item ID 10/7/2025 City Council Meeting Date - Agenda Item Only N/A for Non-Agenda Item Lee Farmer 9/10/2025 PARKS & RECREATION (520) Submitted By Submitted Date Division / Department Action Recommendation: Staff recommends approving the proposed ordinance changes to recreational activities in Section 97.070. Budget Impact: Account Number Fund Project Number Project Title Budgeted Item?No Total Amended Budget $- Expenses (Actual+Encum)$- Available Budget $- Does item have a direct cost?No Item Cost $- Is a Budget Adjustment attached?No Budget Adjustment $- Remaining Budget $- V20221130 Purchase Order Number:Previous Ordinance or Resolution # Change Order Number:Approval Date: Original Contract Number: Comments: Created: 2025-08-11 16:07:51 [EST] (Supp. No. 37) Page 1 of 2 97.070 Recreational Activities At Lakes Fayetteville, Sequoyah And Wilson (A) Hours. Lake Fayetteville, Lake Sequoyah, and Lake Wilson shall be open to the general public throughout the year from sunrise to sunset daily and shall be closed each day from sunset to sunrise; provided: (1) Lake Fayetteville shall be closed on Thanksgiving Day and from sunset on December 23rd through January 14th and such other times as determined by the Mayor or the Mayor’s designee. (2) Lake Fayetteville Marina Office shall operate with limited or flexible hours based on weather conditions and public demand. Hours of operation will be posted at the facility and online when applicable. (3) The Director is authorized to extend the operating hours of a lake when reasonable and necessary to accommodate a tournament, special event, or seasonal weather conditions. (B) Lake Access Fees. Lake access fees will be established by the Mayor for access to Lake Fayetteville to defray the City’s operational costs. There is no lake access fee requirement for Lake Wilson, Lake Sequoyah or other park areas containing fishable waters. (C) Boat Docking. Boat docking shall be permitted at Lake Fayetteville on a space available basis and the Mayor shall establish fees to be charged for boat docking to defray the City’s operational costs. (D) Fishing. All fishing shall be done only from the bank, designated docks or boat. No wading, swimming, paddle boards or belly boats shall be permitted in all city lakes. Arkansas Game and Fish regulations shall control the number and size of fish which may be caught; however, the city may establish more restrictive limitations if necessary to manage the fish population. All persons fishing at Lake Fayetteville should check with the boat dock operator before fishing. It shall be unlawful for any person fishing to use trot lines, limb lines, cast nets, yo-yos or jug fishing. (E) Boating. Payment of a lake access fee is required for all boating activities on Lake Fayetteville. All boats must be docked or removed from the lake at closing time. No boats except those used by City employees or other individuals authorized by the City will be docked at any other location on the lake. Boating may be closed to the public by the city during a special event that includes swimming. (F) Place of Entry. All persons boating at Lake Fayetteville shall enter the lake only through the entrance at the lake office. Persons entering the lake property from any other location shall be considered trespassing and subject to prosecution. All persons boating at Lake Sequoyah and Lake Wilson shall enter the lake only at the boat ramp. (G) Use of Motors on Boats. (1) In the event that motors are used on boats, the boats shall be operated in such a manner that they will not endanger other boats or the occupants thereof. All city lakes are no wake lakes. Speeding and boat racing are not permitted and each outboard motor operator is cautioned to operate in a safe and cautious manner. Failure to abide by this requirement will cause loss of boating access. The dock operator shall revoke the boating access of any boat which in his or her judgment is unsafe, overloaded, or operated in a careless manner. (2) No boats shall be permitted within 500 feet of the spillway of any lake. (3) No houseboats, paddle boards, water skiing, or jet skis are permitted. (4) All state laws governing boats must be complied with before using a boat on any city lake. (5) The city will not be responsible for any damage to or theft of boats, motors, or equipment. (H) Picnicking or Other Recreational Activities. Picnicking is permitted on any part of Lake Fayetteville, Lake Sequoyah, or Lake Wilson or land surrounding said lakes, except within restricted nature areas, which are Created: 2025-08-11 16:07:51 [EST] (Supp. No. 37) Page 2 of 2 controlled by the city. No lake access fees shall be required for picnicking or other recreational activities at Lake Fayetteville. (I) Committing Nuisances. No person shall commit any nuisance while on Lake Fayetteville, Lake Sequoyah, and Lake Wilson or any of the land surrounding the lakes belonging to the city, nor shall any trash or other materials be thrown into the lakes or left about the shoreline or on the premises of any lake. (J) Fishing and Boating Prohibited Near Intake Tower. No one shall climb upon, enter, or fish from the intake towers of the lakes. (K) Fishing on Stream Below Dam. State laws governing fishing below dams shall be applicable on city property. Payment of the applicable lake access fee shall be required to fish in the stream on city property below the dam at Lake Fayetteville. (L) Firearms and Hunting. Except as otherwise provided in Section 97.066 of this chapter, no firearms, hunting or trapping will be permitted on city owned property at any time. (M) Revoking Access. The city shall have the right to revoke the access of any person if it is determined that the person willfully violated any of the provisions of this section. When access is revoked, there will be no refunds. Created: 2025-08-11 16:07:51 [EST] (Supp. No. 37) Page 1 of 4 SUMMARY of ORDINANCE AMENDMENT • Changing language to allow Marina Office to have more flexible hours of operation. Lake access will remain the same • Removing Fees from ordinance to streamline future adjustments. • Transitioning to lake access fees Created: 2025-08-11 16:07:51 [EST] (Supp. No. 37) Page 2 of 4 97.070 Recreational Activities At Lakes Fayetteville, Sequoyah And Wilson (A) Hours. Lake Fayetteville, Lake Sequoyah, and Lake Wilson shall be open to the general public throughout the year from sunrise to sunset daily and shall be closed each day from sunset to sunrise; provided: (1) Lake Fayetteville shall be closed on Thanksgiving Day and from sunset on December 23rd through January 14th and such other times as determined by the Mayor or the Mayor’s designee. (2) Lake Fayetteville Marina Office shall operate with limited or flexible hours based on weather conditions and public demand. Hours of operation will be posted at the facility and online when applicable. (32) The Director is authorized to extend the operating hours of a lake when reasonable and necessary to accommodate a tournament, special event, or seasonal weather conditions. (B) Lake Access FeesPermits for Fishing and Boating. Lake access fees will be established by the Mayor for access to Fishing and boating permits are required for Lake Fayetteville to defray the City’s operational costs. There is no lake access feepermit requirement for Lake Wilson, Lake Sequoyah or other park areas containing fishable waters. (1) Permits. (a) Annual boating and fishing permit (age sixty-five (65) and older and veterans)$40.00 (b) Annual boating and fishing permit (sixteen (16)—sixty-four (64))$50.00 (c) Daily boating and fishing permit (sixty-five (65) and older and veterans)$5.00 (d) Daily boating and fishing permit (sixteen (16)—sixty-four (64))$6.00 (e) Annual fishing/use permit (sixty-five (65) and older and veterans)$20.00 (f) Annual fishing/use permit (sixteen (16)—sixty-four (64))$30.00 (g) Daily fishing/use permit (sixty-five (65) and older and veterans)$2.00 (h) Daily fishing/use permit (sixteen (16)—sixty-four (64))$3.00 (i) Daily fishing/use permit (under sixteen (16) with permitted adult)Free (j) Daily non-motorized boating (canoes, inflatables, kayaks, paddle boats and sailboats)$3.00 (k) Annual non-motorized boating (per patron, nontransferable)$20.00 (2) Miscellaneous. (a) Each person sixteen (16) years of age or older is required to purchase a fishing/use permit for fishing on the lake or any stream within the city-owned lake property at Lake Fayetteville. (b) There will be two (2) free fishing weekends each year where city fishing/use permits will not be required. One (1) weekend will coincide with the Arkansas Game and Fish free fishing weekend. The Director will designate the second weekend annually. (c) A boating permit applies to the boat rather than the occupants thereof; however, all occupants of a boat, sixteen (16) years of age or older must purchase a fishing/use permit. Daily permits are valid only for use on the date of purchase. (d) Juveniles and their supervisors shall be exempt from the boating and fishing permit fee if they are part of Washington County government rehabilitation program approved by the Director for the location, date and time of lake access. Created: 2025-08-11 16:07:51 [EST] (Supp. No. 37) Page 3 of 4 (C) Boat Docking. Boat docking shall be permitted at Lake Fayetteville on a space available basis and the Mayor shall establish fees to be charged for boat docking to defray the City’s operational costs. to season boating and fishing permit holders for the following per-boat annual fees: (1) City resident$250.00 (2) Non-resident$325.00 (D) Fishing. All fishing shall be done only from the bank, designated docks or boat. No wading, swimming, paddle boards or belly boats shall be permitted in all city lakes. Arkansas Game and Fish regulations shall control the number and size of fish which may be caught; however, the city may establish more restrictive provide additional limitations necessary to manage the fish population. All persons fishing at Lake Fayetteville should check with the boat dock operator before fishing. It shall be unlawful for any person fishing to use trot lines, limb lines, cast nets, yo-yos or jug fishing. (E) Boating. Payment of a lake access fee is required for all boating activitiesA boating permit for each boat must be purchased before its use on Lake Fayetteville. All boats must be docked or removed from the lake at closing time. No boats except those used by Citylake employees or other individuals authorized by the Citythe Environmental Study Center will be docked at any other location on the lake. Boating may be closed to the public by the city during a special event that includes swimming. (F) Place of Entry. All persons boating at Lake Fayetteville shall enter the lake only through the entrance at the lake office. Persons entering the lake property from any other location shall be considered trespassing and subject to prosecution. All persons boating at Lake Sequoyah and Lake Wilson shall enter the lake only at the boat ramp. (G) Use of Motors on Boats. (1) In the event that motors are used on boats, the boats shall be operated in such a manner that they will not endanger other boats or the occupants thereof. All city lakes are no wake lakes. Speeding and boat racing are not permitted and each outboard motor operator is cautioned to operate his motor in a safe and cautious manner. Failure to abide by this requirement will cause loss of boating accesspermit. The dock operator shall revoke the boating access permit of any boat which in his or her judgment is unsafe, overloaded, or operated in a careless manner. (2) No boats shall be permitted within 500 feet of the spillway of any lake. (3) No houseboats, paddle boards, water skiing, or jet skis are permitted. (4) All state laws governing boats must be complied with before using a boat on any city lake. (5) The city will not be responsible for any damage to or theft of boats, motors, or equipment. (H) Picnicking or Other Recreational Activities. Picnicking is permitted on any part of Lake Fayetteville, Lake Sequoyah, or Lake Wilson or land surrounding said lakes, except within restricted nature areas, which are controlled by the city. No lake access fees shall be required for picnicking or other recreational activities at Lake Fayetteville. (I) Committing Nuisances. No person shall commit any nuisance while on Lake Fayetteville, Lake Sequoyah, and Lake Wilson or any of the land surrounding the lakes belonging to the city, nor shall any trash or other materials be thrown into the lakes or left about the shoreline or on the premises of any lake. (J) Fishing and Boating Prohibited Near Intake Tower. No one shall climb upon, enter, or fish from the intake towers of the lakes. (K) Fishing on Stream Below Dam. State laws governing fishing below dams shall be applicable on city property. Payment of the applicable lake access fee shall be Fishing permits are required to fish in the stream on city property below the dam at Lake Fayetteville. Created: 2025-08-11 16:07:51 [EST] (Supp. No. 37) Page 4 of 4 (L) Firearms and Hunting. Except as otherwise provided in Section 97.066 of this chapter, no firearms, hunting or trapping will be permitted on city owned property at any time. (M) Revoking AccessPermits. The city shall have the right to revoke the access of any person any permit issued under this section if it is determined that the personpermittee willfully violated any of the provisions of this section. When access a permit is revoked, there will be no refunds. (Code 1965, §13-12; Ord. No. 2274, 9-7-76; Ord. No. 2903, 3-1-83; Ord. No. 3164, 1-21-86; Ord. No. 3203, 8-5-86; Ord. No. 3437, 7-5-89; Ord. No. 3533, 2-19-91; Ord. No. 4168, 6-1-99; Code 1991, §97.070; Ord. No. 4707, 06-07- 05; Ord. No. 4811, 12-20-05; Ord. No. 5139, 5-6-08; Ord. No. 5229, 3-17-09; Ord. No. 5285, 11-17-09; Ord. No. 5596, 07-02-13; Ord. No. 5828, §1(Exh. A), 12-15-15; Ord. No. 6597, §1(Exh. A), 9-6-22; Ord. No. 6701, §1(Exh. A), 11-7-23) o NWCL5004205 CITY OF FAYETTEVILLE.CLERKS OFFI 113 W MOUNTAIN FAYETTEVILLE, AR727OI 549554 oRD 6919 RECEIVED ocT 2 7 2025 CITY OF FAtE:1:V CITY CLER( S O'FAccount #: Company: Ad number #: PO #: Matter of: AFFIDAVIT ' STATE OFARKANSAS l, Maria Hernandez-Lopez , do solemnly swear that I am the Legal Clerk ofth€ NwA Democrrt Grzcttc, a daily newspap€r printed and published in WASHINGTON/BENTON county, Statc ofARKANSASi that I was so related to this publicalion at and during the publication ofthe arnexed legal advertisement in the maner of: oRD 6919 Pending in the court, in said County, and at the datcs ofthe sevcral publicalions ofsaid advsnisernent stated bclow. and that during said periods and at said dates, said newspaper was printed and had a bona fide circulation in said County, tirat said newspaper had been regularly printed and published in said county, and had a bona hde circulation therein for the pcriod ofone month before the date ofthe first publication of said advenisementi and that said advcrtisemcnt was publishcd in the regular daily issues olsaid newspap€r as statcd below. And that there is due or has been paid the NWA Democrat Gazette for publicarion the sum of$132.24 (lncludes $0.00 Affidavit Charge). NWA Democrut Gazefle 10/2 25; NWA nv)aonline.com 1026/25 Legal Clerk State of ARKANSAS, County of Sebastian _..-...'s+miy"., _=' -l .1oran'r- -{, .^ i = Aiz -..a " :2 =7Q1. nUsurc ..i ja_== %u*i, Subscribed and swom to before me on this 27th day of Ostober, 2025 N PUBLIC oonmca:6913 Al.lumb..:2025.!!2! AN oAonllcE r0 roolf', TIf FEE SINUCTUAT FO8 UX! usE rio Acctss IID atlorY aoa H6€ tLtltSLE can[a oPtBllrors 8Y lrfxolllc ! 97,070 RtCSlATloxl! ACIM IIES AI L^xE fAYEITEVII.IE, sEouoYlrl. Aio wLs0[ 0F rltc F vm€vu.t cfi c00€ WHIFEIS, I 0r.070 ot lh! Clt Cod. .n.b[.hl' r.0ul.- iona lor racl.aiond acnvrtaarl l.r. 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