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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 That § 97.070 (B), City of Fayetteville Code of Ordinances is hereby repealed, and Exhibit "A" attached hereto and made a part hereof, is inserted in its stead.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. ansaoDemoc O) azette ARKANSASNORTHWEST . . "Norduvest Arkaasas'Most Wider Read Mea mpaaer" AFFIDAVIT OF PUBLICATIO I , Erin Emisdo solemnly swear that I am the Legal Clerk of the Arkansas Democrat-Gazette/Northwest Arkansas Times newspaper, printed and .pub.lished .in Lowell, .Arkansas, and that .fro.m .my own .personal .knowledge and reference to the files of said publication , that advertisement of: 'Y was inserted in the regular editions on P2 a _ co PO# " Publication Charge : $ Subscribed and sworn to r&2/ re me this day of ), 2005. 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 I 012 L) / L/ zO�GiS • 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