HomeMy WebLinkAboutOrdinance 4811 ORDINANCE NO. 4811
AN ORDINANCE AMENDING § 97.070 OF. THE CODE OF
FAYETTEVILLE TO CLARIFY PERMITTING REQUIREMENTS
FOR THE RECREATIONAL USE OF CITY-OWNED LAKES.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1 . That § 97.070 (B), City of Fayetteville Code of Ordinances is
hereby repealed, and Exhibit "A" attached hereto and made a part hereof, is
inserted in its stead.
PASSED and APPROVED this 20th day of December, 2005.
��' APPROVED:
; FAYETTEVILLE ' _ By:
DA COODY, Mayor
ATTEST: ' nunuu Wa
By:
S DRA SMITH, City Clerk
EXHIBIT A
(B) Permits for fishing and boating.
(1) Permits:
(a) Season boating and fishing permit (65 and older) $40.00
(b) Season boating and fishing permit (16-64) $50.00
(c) Daily boating and fishing permit (65 and older) $ 5.00
(d) Daily boating and fishing permit (16-64) $ 6.00
(e) Season fishing/use permit (65 and older) $20.00
(f) Season fishing/use permit (16-64) $30.00
(g) Daily fishing/use permit (65 and older) $ 2.00
(h) Daily fishing/use permit (16-64) $ 3.00
(i) Daily fishing/use permit (under 16 with permitted adult) Free
(2) Miscellaneous.
(a) Each person 16 years of age or older is required to purchase a fishing/use
permit for fishing on each lake or any stream within the city owned lake
property.
(b) A boating permit applies to the boat rather than the occupants thereof;
however, all occupants of a boat, 16 years of age or older must purchase a
fishing/use permit.
(c) Daily permits are valid only for use on the date of purchase.
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.pub.lished .in Lowell, .Arkansas, and that .fro.m .my own .personal .knowledge
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Subscribed and sworn to r&2/
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ORDINANCE NO, 4811
AN ORDINANCE AMENDING § 97,070 OF THE CODETaye
L� `�/ OF FREMEIN S FO TO CLARIFY PERMITTINGVyiNotary Public Sharlene D• illi ms CITY OWN DL FOR HE RECR�ATONAL USEOF l`/CDY-OWNED LAKES.Notary Public a0 R ORDAINED BY THE Cm COUNCIL OF ARSAS
Oi Arkansas THE Com' OF FAYETIEWLLE, AIDGN8A8;
My Commissio�y�ionlcpires Section ,. Thai § 97.070 A. City kaysbeMle Code Oldvlarcesb
M October 18, 2014 attetlNd Isreto hind mme a Pen tenet. Is :sertm h rem
es e . hereby ep�d antl Ewat A
PASSED End APPROVED this 201h day of DeoemDer. M.
" Please do not pay from Affidavit. D
DAx CDODY Meyw .
An invoice will be sent.
By:
BONDM BMRN, Cy
EXHU R A
(B) Peante tar " erkl be".
(1) Pertma:
(e) Season baea0 brie KSNrg Panni '(MIS
55 end alder) $x0.00
G Dee booting an M1 rgrg paM &5( (enO�01:10 00 - $ 5.00
RECEIVED � �ebeea0an K�n9Penm (,�a4, $ 6.00
(e) Season KNNghne Perm (85 aid olden $20.00
JAN 03 200 O) Daflyftslno sgPermt (,Kne S00D
(91 Del§'WwVkws Parra (85 end seal $ 2.00
0,) alyy KIN AW Orrhi[ (1&51) $ 3.00
m Doe es . use Parnll (a,tler 16 xMN Permlltm adult) Free
CIN OF FAYETTEVILLE � Mmceranea,s.
CITY CLERK'S OFFICE � ' FaeOn teyaere a ace a sea b required to Purchase a f s �g/uia pormt,far
KSNng on each lake a eon stream within the dry owned Ieke property,
(b) A boating panty, appNes to Ifo beet ,other than Me aca.PanN Mo eot: howmer. NI
eoggsnts of a beet, 16 yeere of egg a gids muei quNrea9 a KSN
(c) Dae P"ft M ualkl only far use ort Ll a of PurNrase. ngAse Parton.
P.O. BOX 1607 • 212 N. EAST AVENUE • FAYETTEVILLE, ARKANSAS 72701 • 479-571 -6470
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• City of Fayetteville • 4 gr /
Staff Review Form6(1 fft
City Council Agenda Items p 7 D 7�/✓
Contracts
Zo Cf1,� 14 �rMlf3
.tB-Dec-05
City Council Meeting Date
Connie Edmonsto Parks and Recreation Operations
Submit ed By Division Department
Action Required:
Revision ofaGrdienee4,W (Code 97.070 - B 1 , B 2), clarifying lake recreation fees.
n/a n/a n/a
Cost of this request Category/Project Budget Program Category / Project Name
n/a n/a n/a
Account Number Funds Used to Date Program / Project Category Name
n/a n/a n/a
Project Number Remaining Balance Fund Name
Budgeted Item Budget Adjustment Attached
, , Previous Ordinance or Resolution #
� )
Department D' ector Date Original Contract Date: 97.070
Original Contract Number:
loop
fZ � os
City Attorney
Received in City Clerk's Office
AA+ f 'Y
Financ and Internal Service Director D to
Received in Mayor's Office
ayor Date
Comments:
• City Council Meeting of •
Agenda Item Number
CITY COUNCIL AGENDA MEMO
To: Mayor Dan Coody and City Council
Thru: Gary Dumas, Operations Director
From : Connie Edmonston, Parks and Recreation Director (42
Date: December 1 , 2005
Subject: An admendment to Ordiance 4707 - Lake Recreation
RECOMMENDATION
Parks and Recreation Staff recommends City Council to admend Ordinance 4707,
clarifying lake recreation fees at Lake Fayetteville and Lake Sequoyah.
BACKGROUND
On May 17, 2005, City Council approved an increase in the Lake Recreation Fees for
Lake Fayetteville and Lake Sequoyah. The new increase is effective January 1 , 2006;
however, the lakes are closed from December 24 — January 14. When preparing for the
2006 calendar year, Parks and Recreation Staff discovered an inconsistancy in the
wording of the ordiance that presented a major problem to Parks and Recreation Staff and
a unfair price for citizens of Fayetteville. Under the current ordiance, if three (3) family
members were to take a boat onto the lake for an afternoon of fishing, a total fee of $ 18
would be charged.
This excessive fee was created by combining the fishing and boating catagories. These
catagories were combined for a good reason. Having a separate fishing and boating
catagorey presented an opportunity for a citizen to pay only a boating fee, only to decide
to fish once they were on the lake, out of view of the Lake Operators. Combining this fee
cleans up what could become an unfortunate misuse of the lake.
The other problem with the wording of the ordiance is an inconsistency of the wording in
Section B, items 2(a) and 2(b). Section 2(a) states, "Each person 16 years of age or older
is required to purchase a fishing permit for fishing on each lake or any stream within the
city owned lake property." Section 2(b) states, "A boating permit applies to the boat
rather than the occupants thereof." Under 2(a) a person is required to purchase a fishing
permit. However, under 2(b), the occupants are covered under the boating permit.
DISCUSSION
This problem is easily resolved by changing and defining the terminology of the current
ordinance. Parks and Recreation recommends City Council to approve the new proposed
ordinance that replaces the term "fishing" with "fishing/use". In Section 2(a), the
ordinance should read, "Each person 16 years of age or older is required to purchase a
fishing/use permit for fishing on each lake or any stream within the city owned lake
property." Finally, changes in 2(b) should read, "A boating permit applies to the boat
City Council Meeting of •
Agenda Item Number
rather than the occupants thereof, however, all occupants of a boat, 16 years or older
must purchase a ftshing/use permit.
By deleting "bank and dock" fishing and adding "fishing/use", the opportunity for a
person to go onto the lake for free is eliminated. This was one of the primary goals for the
current wording of the ordinance. More importantly, it cleans up the inconsistent wording
of the ordinance that overcharges our citizens for use of the lake. Under the revision, the
owner/driver of the boat must pay a daily boating/fishing permit of $6.00. Every other
occupant of the boat will be required to pay the fishing/use fee of $3 .00 as opposed
charging $6 per boat occupant. This is not a change in the fees, but in the interpretation of
the wording of the ordinance.
Parks and Recreation Staff met with Lake Fayetteville and Sequoyah Boatdock Operators
and they both agree that this new wording provides a fair and consistent ordinance to
govem our lakes.
BUDGETIMPACT
These permit prices are necessary to maintain the cost of maintaining and operating Lake
Fayetteville and Lake Sequoyah. Revising this ordinance should not affect any expenses
of the lake. Instead, having a cost that is reasonable to our citizens will prevent current
permit sales from declining.
Attachments:
Current Ordinance
Proposed Ordinance
ORDINANCE NO,
AN ORDINANCE AMENDING §97.070 OF THE CODE OF
FAYETTEVILLE TO CLARIFY PERMITTING REQUIREMENTS
FOR THE RECREATIONAL USE OF CITY-OWNED LAKES.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1 . That §97.070 (B), City of Fayetteville Code of Ordinances is
hereby repealed, and Exhibit "A" attached hereto and made a part hereof, is
inserted in its stead.
PASSED and APPROVED this 201h day of December, 2005.
APPROVED:
By: ..
D1 GOODY yor
ATTEST:
By:
�ONDRA SMIT , it, •jerk
k id:
• ' n •
EXHIBIT "A"
(B) Permits for fishing and boating.
(1) Permits:
(a) Season boating and fishing permit (65 and older) $40.00
(b) Season boating and fishing permit (16-64) $50.00
(c) Daily boating and fishing permit (65 and older) $ 5.00
(d) Daily boating and fishing permit (16-64) $ 6.00
(e) Season fishing/use permit (65 and older) $20.00
(f) Season fishing/use permit (16-64) $30.00
(g) Daily fishing/use permit (65 and older) $ 2.00
(h) Daily fishing/use permit (16-64) $ 3.00
(i) Daily fishing/use permit (under 16 with permitted adult) Free
(2) Miscellaneous.
(a) Each person 16 years of age or older is required to purchase a fishing/use
permit for fishing on each lake or any stream within the city owned lake
property.
(b) A boating permit applies to the boat rather than the occupants thereof;
however, all occupants of a boat, 16 years of age or older must purchase a
fishing/use permit.
(c) Daily permits are valid only for use on the date of purchase.
FAYETTEVILLE CODE OF ORDINANCES
TITLE IX GENERAL REGULATIONS
Cross references) -Penalty, §97.999. (e) Season bank or dock fishing permit
97.068 Camping Prohibited (65 and older) $20.00
No person in a park shall set up or use tents, (f) Season bank or dock fishing permit
shacks, or any other temporary shelter for the (16-64) $30.00
purpose of overnight camping, nor shall any
person bring in or leave in a city park after (g) Daily bank or dock fishing permit
closing hours any structure or vehicle to be used (65 and older) $ 2.00
or that could be used for such purpose, such as
house trailer, camp trailer, camp wagon or the (h) Dally bank or dock fishing permit
like. (16-64) $3.00
(Code 1965, §17A-20; Ord. No. 1594, 4-1-68; Code (I) Daily Fishing permit (under 16 with
1991, §97.068) permitted adult) Free
Cross reference(s)--Penalty,.§97.999.
97.069 Horseback Riding (2) Miscellaneous.
No person in a park shall ride a horse except in (a) Each person 16 years of age or
Combs Park or on designated bridle trails. older is required to purchase a
Where permitted, horses shall be thoroughly fishing permit for fishing on each
broken and properly restrained and ridden with lake or any stream within the city
due care, and shall not be allowed to graze or go owned lake property.
unattended, nor shall they be hitched to any rock,
tree, or shrub. (b) A boating permit applies to the boat
(Code 1985, §77A-22; Ord. No. 1594, 4-1-68; Code rather than the occupants thereof.
1991, §97.069) (c) All daily permits are only good
Cross refenince(s)—Penalty, §97.999. during the day of purchase.
97.070 Recreational Activities At (C) Boat docking. Boat docking shall be
permitted at the boat docks at Lake
Lakes Fayetteville, Sequoyah And Sequoyah and Lake Fayetteville on a space
Wilson available basis to season boating and fishing
permit holders for the following per boat
(A) Hours. Lake Fayetteville, Lake Sequoyah, annual fees:
and Lake Wilson shall be open to the
general public throughout the year from (1) Lake Fayetteville
sunrise to sunset daily and shall be closed
each day from sunset to sunrise; provided, (a) City resident $250.00
each lake shall be closed Thanksgiving Day. (b) Non-resident $325.00
The boat docks shall be closed on
December 24th and shall remain closed (2) Lake Sequoyah $100.00
through January 14th.
(D) Fishing. All fishing shall be done only from
(B) Permits for fishing and boating, the lake bank or boat. No wading,
swimming, or belly boats shall be permitted.
(1) Permits: Arkansas Game and Fish regulations shall
control the number and size of fish which
(a) Season boating and fishing permit may be caught, however, the Fayetteville
(65 and older) $40.00 Parks and Recreation Division may provide
additional requirements necessary to
(b) Season boating and fishing permit manage the fish population. All persons
(16-64) $50.00 should check with the boat dock operator
before fishing. It shall be unlawful for any
(c) Daily boating and fishing permit person fishing to use trot lines, set lines, limb
(65 and older) $5.00 lines, cast nets, yo-yo's or jug fishing.
(d) Daily boating and fishing permit (E) Boating. A boating permit for each boat
(16.64) $6.00 must be purchased before its use on the
lake. All boats must be docked at the boat
0097:6
FAYETTEVILLE CODE OF ORDINANCES
TITLE IX GENERAL REGULATIONS
landing at lake closing time. No boats (J) Fishing and boating prohibited near intake
except those used by lake employees will be tower. No one shall climb upon, enter, or
docked at any other location on the lake: fish from the intake towers of the lakes.
(F) Place of entry. All persons are warned to (K) Fishing on stream below dam. State laws
enter the lake for boating or fishing only governing fishing below dams shall be
through the entrance at the lake office. applicable on city property. Fishing permits
Persons entering the lake property from any are required to fish in the stream on city
other location shall be considered property below the dams.
trespassing and subject to prosecution.
(L) Firearms and hunting. No firearms, hunting
(G) Use of motors on boats. or trapping will be permitted on city owned
(1) In the event that motors are used on property at any time.
boats, the boats shall be operated in (M) Use of motor vehicles. No person at Lake
such a manner that they will not Fayetteville, Lake Sequoyah, or Lake Wilson
endanger other boats' or the occupants shall drive a motor vehicle or ride a
thereof and shall not be operated in motorcycle, ATV or bicycle on other than a
such a manner as to create heavy paved vehicular road or path designated for
waves causing undue erosion of the that purpose.
shoreline.
(N) Revoking permits. The city shall have the
(2) No boats shall be permitted within 500 right to revoke any permit issued under this
feet of the spillway of Lake Sequoyah. section if it is determined that the permittee
willfully violated any of the provisions of this
(3) No houseboats, water skiing, or jet skis section. When a permit is revoked, there will
allowed. Speeding and boat racing is be no refunds.
not permitted and each outboard motor
operator is cautioned t0 Operate his (Code 1965, §13-12; Ord. No. 2274, 9-7-76; Ord. No.
motor in a safe and cautious manner. 2903, 3-1-83; Ord. No. 3164, 1.21-86; Ord. No. 3203,
Failure to abide by this requirement will 8-5-86; Ord. No. 3437, 7-5-89; Ord. No. 3533, 2-19-91;
cause loss of boating permit. The dock Ord. No. 4168, 6-1-99; Code 1991 , §97.070; Ord. 4707,
operator shall revoke the boating permit 06.07-05)
of any boat which in his judgment is Cross reference(s)—PrAtIty, §97.999.
unsafe, overloaded, or operated in a
careless manner. 97,071 -97.079 Reserved
(4) All state laws governing boats must be
complied with before using a boat on ARTICLE VI
any city lake. Facilities for docking or CONDUCT IN PARKS
landing of boats will be provided,
however, the city will not be responsible 97,080 Gambling Prohibited;
for any damage or theft of boats, motors Recreational Activities To Take Place
or equipment left in boats at docks.
Only In Suitable Areas
(H) Picnicking or other recreational activities. No person in a park shall gamble, or participate
Picnicking is permitted on any part of Lake in, or abet any game of chance. Nor shall any
Fayetteville, Lake Sequoyah, or Lake Wilson person take part in or abet the playing of other
or land surrounding said lakes, except within forms of recreation except in areas set apart for
restricted nature areas, which are controlled or conducive to the particular form of recreation.
by the city. Overnight camping is allowed
only by special group permit. (Code 1965, §17A-21; Ord. No. 1594, 4-1-68; Code
1991 , §97.080)
(1) Committing nuisances. No person shall Cross reference(s) -Penalty, §97.999.
commit any nuisance while on Lake
Fayetteville, Lake Sequoyah, and Lake 97.081 Intoxicating Beverages
Wilson or any of the land surrounding the No person in a park shall bring Into or consume
lakes belonging to the city, nor shall any alcoholic beverages within a city park, nor shall
trash or other materials be thrown into the any person enter a park when under the
lakes or left about the shore line or on the influence of intoxicating beverages.
premises of any lake.
(Code 1965, §17A-23; Ord. No. 1594, 4-1-68; Code
I
CD97:7
Lake Recreation Ordinance Revision Proposal
NOTE: Proposed revisions are marked in bold.
97.070 Recreational Activities At Lakes Fayetteville, Sequoyah And Wilson
(B) Permits for fishing and boating.
(1 ) Permits:
(e) Season fishing/use permit (65 and older) $20.00
(f) Season fishing/use permit (16-64) $30.00
(g) Daily fishing/use permit (65 and older) $ 2.00
(h) Daily fishing/use permit ( 16-64) $ 3 .00
(i) Daily fishing/use permit (under 16 with permitted adult) Free
(2) Miscellaneous.
(a) Each person 16 years of age or older is required to purchase a
fishingluse permit for fishing on each lake or any stream within the city
owned lake property.
(b) A boating permit applies to the boat rather than the occupants
thereof; however, all occupants of a boat, 16 years of age or older must
purchase a fishing/use permit.
=zacomimmmin
Clarice Pearman - Ord. 4811 Page 1
0 low
From: Clarice Pearman
To: Edmonston, Connie
Subject: Ord. 4811
Connie,
Attached is a copy of the ordinance passed by City Council, December 20, 2005 amending 97.070.
CC: Bell, Peggy; Deaton, Vicki