HomeMy WebLinkAboutOrdinance 5139 ORDINANCE NO. 5139
AN ORDINANCE TO AMEND §97.070 OF THE
FAYETTEVILLE CODE TO PROVIDE EXEMPTION OF FEES
FOR USE OF LAKE FAYETTEVILLE, LAKE WILSON AND
LAKE SEQUOYAH FOR JUVENILES WITHIN AN
APPROVED GOVERNMENT REHABILITATION PROGRAM
WHEREAS, it is in the best interest of the citizens of Fayetteville to assist Washington
County juvenile rehabilitation programs by waiving lake use fees.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS:
Section I : That the City Council of the City of Fayetteville, Arkansas hereby amends
§97.070 (B)(2) by enacting a new subsection (c) as shown below:
"(c) Juveniles and their supervisors shall be exempt from the
boating and fishing permit fee if they are part of a Washington
County government rehabilitation program approved by the
Director of the Fayetteville Parks and Recreation Department for
the location, date and time of lake access." ,,,,,,,,i I,,,
TRS°'
PASSED and APPROVED this 6° day of May, 2008 . _c) .
c : FAYETTEVILLE •
APPROVED: ATTEST: %9s '9phAt\SP�J`�
ee 1)f ° . . . ° o
By: By:
DAN COODY, ayor SONDRA E. SMITH, City Clerk/Treasurer
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City of Fayetteville / o
Staff Review Form ,j/ 3
City Council Agenda Items � -/ -
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Contracts NVO, r 97
6-May-08 x-4 ke
City Council Meeting Date
(0 Connie Edmonston Parks & Recreation Operations
Submitted By Division Department
Action Required:
Ordinance to ammend 97.070 of the Fayetteville Code to provide exemption of fees for use of Lake Fayetteville,
Lake Wilson and Lake Sequoyah for juveniles within an approved government rehabilitation program.
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Cost of this request Category/Project Budget Program Category / Project Name
Account Number Funds Used to Date Program / Project CategoryName
Project Number Remaining Balance Fund Name
Budgeted Item Budget Adjustment Attached
(� Previous Ordinance or Resolution #
Department D ecto Date Original Contract Date:
Original Contract Number:
6&
City
City Attorne
Received in City Cie kWW6)
EXA - I9- 6 ? I ' If)
Finance a Internal Service Director Date
Received in Mayor's Office
Mayor Date
Comments:
City Council Meeting of May 6, 2008
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
Date: April 17, 2008
Subject: Ordinance to ammend §97.070 of the Fayetteville Code to provide exemption
of fees for use of Lake Fayetteville, Lake Wilson, and Lake Sequoyah for
juveniles within an approved government rehabilitation program.
RECOMMENDATION To approve an ordinance to ammend §97.070 of the
Fayetteville Code to provide exemption of fees for use of Lake Fayetteville, Lake
Wilson, and Lake Sequoyah for juveniles within an approved government rehabilitation
program.
BACKGROUND Jeff Courtway, an Instructor for the Washington County Juvenile
Detention Center, administers a program called the Outdoor Adventure Club.
Approximately 40 youth, ages 13 to 17 are involved in this program. This program
includes the Hooked on Fishing Not on Drugs program set up by the Arkansas Game and
Fish Commisssion. Canoes and kayaks have been received for this program through a
grant and the program would like to have the opportunity to use local lakes.
The cost for using our City Lakes for youth ages 16 and above, as well as for the
instructors of this program, is $6 per person each time they would go boating and fishing
as a scheduled event. This cost would certainly limit boating and fishing at our City
Lakes. The Washington Coutny Juvenile Justice Center is requesting for the City to
waive the boating and fishing cost for this program at our City Lakes including Lake
Fayetteville, Lake Sequoyah and Lake Wilson. Currently there are not fees required at
Lake Wilson because there is not a Boatdock Manager. Parks and Recreation Staff
believes this is a win-win situation for the City to assist youth in the Juvenile Court
Diversion Program to have an opportunity to experience a healthy, alternative recreation
activity to particiate in our city. These healthy acitivities in turn could help prevent these
youth from crimal activity, thus saving police, court and jail costs as well as becoming
postive citizens of our community.
DISCUSSION The request to waive the Lake Recreation boating and fishing fees for
the Washington County Outdoor Adventure Club was approved by the Parks and
Recreation Advisory Board at the April 7h, 2008 meeting.
BUDGET IMPACT This program is currently expanding their services after receiving
the grant for canoes and kayaks, and therefore has not had an impact on the revenues
received at our City Lakes. Parks and Recreation Staff would work with the
administrators of this program, as well as coordinating the program with the Lake
Boatdock Managers to schedule the lake, date and time for lake access.
Attachments:
1 . Washington County Juvenile Justice Center Letter of Request — Jeff Courtway
2. Lake Recreation Ordinance §97.070
3. Proposed Ordinance Amendment
Washington County Juvenile Justice Center
REGIONAL JUVENILE CENTER
885 CLYDESDALE ROAD
FAYE7TEVILLE, ARKANSAS 72701
Jeff Courtway, Physical Education Teacher Phone: (479) 4441670 ext. 27
Hooked On Fishing Not On Drugs, Coordinator Fax: (479) 4441644
March 7, 2008
To Whom It May Concern:
My name is Jeff Courtway and I am a teacher for the Fayetteville Public Schools. My position is Physical
Education teacher at the Washington County Juvenile Detention Center. We have a program called the Outdoor
Adventure Club (OAC), which serves as one of the diversion programs for Washington County. Our OAC is
part of the Hooked on Fishing Not on Drugs program set up by the Arkansas Game and Fish Commission to
provide our youth with a positive alternative to drug and alcohol use. We have approximately 40 kids ages 13-
17 that we take out on some type of adventure once each month. Some of the activities we do include fishing,
canoeing, kayaking, hiking, caving, rock climbing, archery, ropes courses and conservation projects. Most of
these youth are low level drug and alcohol offenders doing this as part of their probation time. Many of our
activities include a community service project as well. We feel if these young people connect with the outdoors
and have a healthy respect for themselves and the environment they will in tum make healthier choices.
We are trying to add a supplemental fishing and boating element to our program on some of the local
lakes. We would like to provide them with canoes and kayaks, which we have, access to due to grant money
received by Holt Middle School. Our goal is to have an optional fishing and boating afternoon once/week for
those youth interested in spending time on the water. We also would like to provide them with mentors who
would like to pass on their fishing skills to others. One of the drawbacks to accomplishing this is the small craft
fees at Lakes Fayetteville and Sequoyah. It would cost each kid $6.00 plus tax to do this. We would ask if the
City of Fayetteville and the Parks and Recreation to consider waiving the fee for the kids in our program. We
feel like this would help us accomplish our goal of getting more kids out on the water and develop their
paddling and fishing skills which in tum would give them a healthy alternative to drugs and alcohol. Please
make note that we are not a 501 non profit organization since we are a county program.
We are asking you to please consider this issue and see if you could help us out and recommend that the
city waive the fees. Thank you very much for allowing us to talk this over with you. We would like to come to
the Parks Commission meeting on April 7h. Please contact me at 444-1670 x 27 or email me at
jcourtway@co.washington.ar.us.
Thank you for your time and consideration,
Jeff Courtway
OAC/HOFNOD Coordinator
Washington County Juvenile Detention
FAYETTEVILLE
THE CRY OF FAYETTEVILLE, ARKANSAS
KIT WILLIAMS, CITY ATTORNEY
DAVID WHITAKER, ASST. CITY ATTORNEY
DEPARTMENTAL CORRESPONDENCE LEGAL DEPARTMENT
TO : Dan Coody, Mayor
City Council
CC: Connie Edmonston , Parks & Recreation Director
FROM : Kit Williams, City Attorney
DATE : April 17, 2008
RE : Waiver of boating and fishing permit fees for juveniles and supervisors
within an approved Washington County juvenile rehabilitation
program
Connie Edmonston was approached by a Washington County counselor
working in the County' s juvenile rehabilitation program and asked if the City
would waive the lake use permit fees for his program. (Attached is §97 .070 of the
Fayetteville code listing the current schedule of boating/fishing permit fees. )
Connie presented this issue to the Parks and Recreation Advisory Board who
recommended that the City Council allow such a waiver in support of the County
rehabilitation program .
In order to keep some control on the use of Lake Fayetteville, the proposed
code section includes a provision that the Fayetteville Parks and Recreation
Director (now Connie Edmonston) must approve the time, date and location of
such free use. Thus, if a special event like the Solar Splash needs exclusive use of
certain areas of the lake during certain periods of time, the Parks and Recreation
Director can deny free use of the lake during that period or near the Solar Splash
competition area.
This waiver of lake fees would cost the City very little in anticipated
revenues while providing a good learning environment to some of our juveniles
most in need of a healthy, natural experience.
ORDINANCE NO,
AN ORDINANCE TO AMEND §97.070 OF THE FAYETTEVILLE
CODE TO PROVIDE EXEMPTION OF FEES FOR USE OF LAKE
FAYETTEVILLE, LAKE WILSON AND LAKE SEQUOYAH
FOR JUVENILES WITHIN AN APPROVED GOVERNMENT
REHABILITATION PROGRAM
WHEREAS, it is in the best interest of the citizens of Fayetteville to assist Washington
County juvenile rehabilitation programs by waiving lake use fees.
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 (B)(2) by enacting a new subsection (c) as shown below:
"(c) Juveniles and their supervisors shall be exempt from the
boating and fishing permit fee if they are part of a Washington
County government rehabilitation program approved by the
Director of the Fayetteville Parks and Recreation Department
for the location, date and time of lake access."
PASSED and APPROVED this 6'h day of May, 2008.
APPROVED: ATTEST:
By: By:
DAN COODY, Mayor SONDRA E. SMITH, City Clerk/Treasurer
FAYETTEVILLE CODE OF ORDINANCES
TITLE IX GENERAL REGULATIONS
Cross mference(s)—Penalty, §97.999. (e) Season fishing/use permit
97.068 Camping Prohibited (65 and older) $20.00
No person in a park shall set up or use tents, (f) Season fishing/use permit
shacks, or any other temporary shelter for the (16-64) x$30.00
purpose of overnight camping, nor shall any
person bring in or leave in a city park after (g) Daily fishing/use 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) Daily fishing/use permit
like. (16-64) $3.00
(Code 1965, §17A-20; Ord. No. 1594, 4-1-68; Code (i) Daily fishing/use permit
1991 , §97.068) (under 16 with permitted adult) Free
Cross reference(s)-.Penally, §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/use permit for fishing on
broken and properly restrained and ridden with each lake or any stream within the
due care, and shall not be allowed to graze or go city owned lake property.
unattended, nor shall they be hitched to any rock,
tree, or shrub. (b) A boating permit applies to the boat
rather than the occupants thereof;
(Code 1965, §17A-22; Ord. No. 1594, 4-1-68; Code however, all occupants of a boat,
1997 , §97.069) 16 years of age or older must
Cross reference(s).-Penalty. §97.999, purchase a fishing/use permit.i
Daily permits are valid only for use
97.070 Recreational Activities At on the date of purchase.
Lakes Fayetteville, Sequoyah And
Wilson (C) Boat docking. Boat docking shall be
permitted at the boat docks at' Lake
(A) Hours. Lake Fayetteville, Lake Sequoyah, Sequoyah and Lake Fayetteville on a' space
and Lake Wilson shall be open to the available basis to season boating and fishing
general public throughout the year from permit holders for the following per boat
sunrise to sunset daily and shall be closed annual fees:
each day from sunset to sunrise; provided,
each lake shall be closed Thanksgiving Day. (1) Lake Fayetteville
The boat docks shall be closed on
December 24th and shall remain closed (a) City resident $250.00
through January 14th. (b) Non-resident $325.00
(B) Permits for fishing and boating. (2) Lake Sequoyah $100.00
(1 ) Permits: (D) Fishing. All fishing shall be done only from
the lake bank or boat. No wading,
(a) Season boating and fishing permit swimming, or belly boats shall be permitted.
(65 and older) $40.00 Arkansas Game and Fish regulations shall
control the number and size of fish which
(b) Season boating and fishing permit may be caught, however, the Fayetteville
(16£4) $50.00 Parks and Recreation Division may provide
additional requirements necessary to
(c) Daily boating and fishing permit manage the fish population. All persons
(65 and older) $5.00 should check with the boat dock operator
before fishing. It shall be unlawful for any
(d) Daily boating and fishing permit person fishing to use trot lines, set lines, limb
(16-64) $6.00 lines, cast nets, yo-yo's orjug fishing.
CD97:6
'p.
FAYETTEVILLE CODE OF ORDINANCES
TITLE IX GENERAL REGULATIONS
�-" (E) Boating. A boatingpermit for each boat
P lakes or left about the shore line or on the
must be purchased before its use on the premises of any lake.
lake. All boats must be docked at the boat
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 lowers 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 to 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; Ord. No. 4811 , 12-20-05)
of any boat which in his judgment is Cross references)••Penalty, §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 87.080 Gambling Prohibited
for any damage or theft of boats, motors g
or equipment left in boats at docks. Recreational Activities To Take Place
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 references)--Penally, §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
lakes belonging to the city, nor shall any (a) No person in a park shall bring into or
trash or other materials be thrown into the consume alcoholic beverages within a city
CD97:7
^' (5.9.08) Clarice Pearman - Ord. -5139
From: Clarice Pearman
To: Edmonston, Connie
Date: 5.9.08 5:46 PM
Subject: Ord. 5139
Attachments: 5139 Amend 97.070 Lake Fees.pdf
CC: Audit
Connie:
Attached Is a copy of the above ordinance passed by City Council, May 6, 2008 amending Chapter 97. Please let me know
if there is anything else needed for this item. Have a good day.
Thanks.
Clarice
I
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I -
Arkansas Democrat V0a ette
Northwest Arkansas Times
Benton County Daily Record
P. O. BOX 1607
FAYETTEVILLE, AR 72702
PHONE : 479-571 -6421
AFFIDAVIT OF PUBLICATION
I , Cathy Wiles, do solemnly swear that I am Legal Clerk of the Arkansas
Democrat Gazette newspaper. Printed and published in Benton County
Arkansas, (Lowell) and that from my own personal knowledge and
reference to the files of said publication , the advertisement of: City of
Fayetteville —Ordinance 5139
May 14, 2008
Publication Charge : $52 .75
Subscribed and sworn to before me
This /5 day of 2008 .
�N A:�gRlij
Notary PublicG °0 SPRY Q
w ��' . A z
PU
My Commission Expires:
Do not pay from Affidavit, an invoice will be sent
RECEIVED
MAY 19 2008
C'TY OF CIT! CLEWS OFFE
CE
ORDINANCE NO. 5139
AN ORDINANCODE CE TO ;AMEND §97.070 OF THE 77
FFEES FOR USE OF LAKEO ARYETTEVIOVIDE MLAKE WOf
SON AND
PROGRALAKE SEOUOYAH 'FOR JUVENILES
IL-
WITHIN AN APPROVED
TATION PROGRAM GOVERNMENT REHABILI-
s
WHEREAS. it is in the best interest of the citizens J ARKANSAS
of Fayereville 10 assist Washin
gin County lwenile rehaollY.etbn Programs by waiving lake use fees.
NOW, ILLE$THEREFORE, SE IT ORDAINED EY THE CITY COUNCIL OF FAYETTEVILLE. ARKANSAS: . .
THE CITY OF
Section i That the
by enacttinCity Council of the City of FayeRevilk) Arkansas here
a new suosectin (c) as shame below: a- r r ` _ a by enhance §97.070 (8)(2)
-. .11
'(c) Juveniles and their supervisors shell be vel vk '
are Part of a Washington County government rehabilitationrprogboating antl fishin
FayaM YRle Perks and Recreation DB PProvetl 9 Penni: fee if they
PertmnFfoI the location, date and fine f l k e Director of the
PASSED ' me of lake access.' r
AnE APPROVED this filh day of May, 2WB. Ilf
APPROVED: I 1 `
By: ' ATTEST:
DAN GOODY, Nryor ..kL',BY .
ArEONDRq E. SMITH, CH, OlNrk/1yA�>wnr
RECEIVED
J
MAY 19 2008
CITY OF FAYETTEVILLE
CITY CLERK'S OFFICE