HomeMy WebLinkAboutOrdinance 5229 ORDINANCE NO. 5229
AN ORDINANCE AMENDING §97.070 RECREATIONAL ACTIVITIES AT
LAKES FAYETTEVILLE, SEQUOYAH AND WILSON, OF THE
FAYETTEVILLE CODE OF ORDINANCES TO ESTABLISH DAILY AND
SEASON PERMITS FOR NON-MOTORIZED BOATING.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That §97.070 (B)(1) of the Fayetteville Code of Ordinances is hereby amended
by adding the following after subsection 0):
(k) Daily Non-motorized Boating
(canoes, inflatables, kayaks,
paddle boats and sailboats) $ 3.00
(1) Season Non-motorized Boating
(per patron, non-transferable) $20.00
PASSED and APPROVED this 17t` day of March, 2009. `y� Y SSG%,�
APPROVED: ATTEST: - •a FAYETTEVILLE =
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By: By:
O ELD JO AN, Mayor SO&DICkE. SMITH, City Clerk/Treasurer
RECEIVED
APR 0 12009
CITY OF FAYEi-T'EVELLE
NORTHWEST ARKANSAS ': CITY CLERK'S OFFICE
Northwest Arkansas Times
Benton County Daily Record
P. O. BOX 1607
FAYETTEVI LLE, 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 5229
March 25, 2009
Publication Charge : $48.42
Signed: C "Lu
Subscribed and sworn to before me
This 3/day of2009.
Notary Public
My Commission Expires: p �$' � •.!�,
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Do not pay from Affidavit, an Invoice will be sent Pu B
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CITY OF FAYET7VlLLI
Cl ry CLERK'S OFFICE
ORDINANCE.NO.5229
AN ORDINANCE AMENDING §97.070 RECRE-
SEOLJOAEONAL ACTIVITIES AT LAKES FAYETTEVI LETaye
SEOl10YAH AND WILSON,OF THE FAYETTEVILLE C
CODE OF ORDINANCES TO ESTABLISH DAILY
AMID SEASON PERMITS FOR NON-MOTORIZED lie
BOATING. ARKAN5A5
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYt:TTEVFLL$,
ARKANSAS-
Section 1.That§97.070(B)(1)of the Fayettevifle Code of Ordinances is hereby amended by adding
the following after subsection(t):
(k)Daily Non-motorized Boating(canoes,inflatables,kayaks,paddle boats and sailboats)$3.00
(1)Season Non-motorized Boating(per patron,non-transferable)$20.00 -
PASSED and APPROVED this 17th day of March,2009.
APPROVED: - ATTEST:
By. By:
LIONELD JORDAN,Mayor SONDAA E.SMITH,City Cferlg7Yeasurer
L�1C�
City of Fayetteville Staff Review Form
I/ I
City Council Agenda Items
and
Contracts, Leases or Agreements ,/) t?r,
3/17/2009 cX'.
City Council Meeting Date
Agenda Items only /1L-5
Connie Fdmonston Parks & Recreation Operations
Sulimi d y Division Department
Action Required:
To amend Ordainance 97.070 changing the lake recreation fees to include a Non-motorized Boating fee at Lake
Fayetteville and Lake Sequoyah.
nla $ -
Cost of this request Category 1 Project Budget Program Category 1 Project Name
Account Number Funds Used to Date Program 1 Project Category Name
Project Number Remaining Balance Fund Name
Budgeted Item Budget Adjustment Attached
Z`27–('/ Previous Ordinance or Resolution#
ar#ment Director Date —'�"—
Original Contract Date:
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D li/� Original Contract Number:
City Attorney Date
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Finance and Internal Services Director _ Date Received in CityZL r
Cleric's Office 0)1d
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C of t Date
Received in
Mayor's Office
M or
Comments:
Revised January 15,2009
City Council Meeting of March 17, 2009
Agenda Item Number
CITY COUNCIL AGENDA MEMO
To: Mayor Lioneld Jordan and City Council
Thru: Don Marr, Chief of Staff
From: Connie Edmonston, Parks and Recreati rector
Date: February 26, 2009
Subject: Amendment to Ordinance 4707—Lake Recreation
RECOMMENDATION
Parks and Recreation Staff recommends City Council to amend Ordinance 4707,
changing the lake recreation fees to include a Non-motorized Boating fee at Lake
Fayetteville and Lake Sequoyah.
BACKGROUND
The majority of complaints related to lake usage at Lake Fayetteville and Lake Sequoyah
are in relation to the fees charged for boating and fishing. More specifically, the
complaints center on the fact that citizens who wish to boat recreationally on the lake and
do not wish to fish, are charged the same amount of money as those who boat and fish.
The Ordinance was amended in January of 2006 to combine the boating and fishing into
one category. The current fees are$6 for a daily permit or$50 for a season permit to
boat and fish. Parks and Recreation Advisory Board formed a subcommittee to study the
possibility of amending the existing ordinance to provide a reduced fee for patrons who
wish to boat recreationally.
DISCUSSION
The committee recommended for a new category, referred to as non-motorized boating.
This category includes,but is not limited to canoes, kayaks, paddle boats, sailboats and
inflatable boats. Citizens wishing to use Lake Fayetteville and Lake Sequoyah for non-
motorized recreational boating could purchase a daily permit for$3 or a season permit for
$20. This would enable citizens to use the lakes for recreational boating only, not for
fishing. The permit for the Non-motorized Recreational Boat category is issued to an
individual in the event he/she has more than one non-motorized boat. The permits for
Daily and Season Fishing from docks/banks was omitted for simplicity to Daily Fishing
and Season Fishing. Parks and Recreation Advisory Board voted unanimously to amend
the fees in September of 2008.
BUDGET IMPACT
Parks and Recreation Staff anticipates the budget impact to be minimal, as any revenues
loss from a reduction in fees would be offset by increased usage from patrons taking
advantage of the new Non-motorized Boating category. If approved, the amendment to
Ordinance 4707 to add the Non-motorized Boating category would go into affect May 1,
2009.
Attachments:
Ordinance 4707
PRAB Minutes
Lake Fee Changes
ORDINANCE NO.
AN ORDINANCE AMENDING §97.070 RECREATIONAL ACTIVITIES
AT LAKES FAYETTEVILLE, SEQUOYAH AND WILSON, OF THE
FAYETTEVILLE CODE OF ORDINANCES TO ESTABLISH DAILY AND
SEASON PERMITS FOR NON-MOTORIZED BOATING.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That §97.070 (B)(1) of the Fayetteville Code of Ordinances is hereby
amended by adding the following after subsection (j):
(k) Daily Non-motorized Boating
(canoes,inflatables,kayaks,paddle boats and $3.00
sailboats)
(1) Season Non-motorized Boating
(per patron,non-transferable) $20.00
PASSED and APPROVED this 17th day of March, 2009.
APPROVED: ATTEST:
By: By:
LIONELD JORDAN,Mayor SONDRA E. SMITH,City Clerk/Treasurer
FAYETTEVILLE CODE OF ORDINANCES
TITLE IX GENERAL REGULATIONS
control the number and size of fish which restricted nature areas, which are controlled
may be caught, however, the Fayetteville by the city. Overnight camping is allowed
Parks and Recreation Division may provide only by special group permit.
additional requirements necessary to
manage the fish population. All persons (1) Committing nuisances. No person shall
should check with the boat dock operator commit any nuisance while on Lake
before fishing. It shall be unlawful for any Fayetteville, Lake Sequoyah, and Lake
person fishing to use trot lines,set lines, limb Wilson or any of the land surrounding the
lines,cast nets,yo-yo's or jug fishing. lakes belonging to the city, nor shall any
trash or other materials be thrown into the
(E) Boating. A boating permit for each boat 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 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
property at any time.
(1) In the event that motors are used on
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;Ord.5139,5-6-08)
of any boat which in his judgment is Cross reference(s)—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 97,080 Gambling Prohibited;
for any damage or theft of boats, motors
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
CD97:7
FAYETTEVILLE CODE OF ORDINANCES
TITLE IX GENERAL REGULATIONS
Cross reference(s)--Penalty,§97.999. (e) Season fishing/use permit
(65 and older) $20.00
97.068 Camping Prohibited
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) $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)--Penalty,§97.999.
(2) Miscellaneous.
97.069 Horseback Riding
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; Cade however, all occupants of a boat,
1991,§97.069) 16 years of age or older must
Crass references)--Penalty,§97.999. purchase a fishing/use permit.
Daily permits are valid only for use
97.070 Recreational Activities At on the date of purchase.
Lakes Fayetteville, Sequoyah And
Wilson (c) Juveniles and their supervisors
shall be exempt from the boating
(A) Hours. Lake Fayetteville, Lake Sequoyah, and fishing permit fee if they are
and Lake Wilson shall be open to the part of a Washington County
general public throughout the year from government rehabilitation program
sunrise to sunset daily and shall be closed approved by the Director of the
each day from sunset to sunrise; provided, Fayetteville Parks and Recreation
each lake shall be closed Thanksgiving Day. Department for the location, date
The boat docks shall be closed on and time of lake access.
December 24th and shall remain closed
through January 14th. (C) Boat docking. Boat docking shall be
permitted at the boat docks at Lake
(B) Permits for fishing and boating. Sequoyah and Lake Fayetteville on a space
available basis to season boating and fishing
(1) Permits: permit holders for the following per boat
annual fees.-
(a)
ees:(a) Season boating and fishing permit 1
(65 and older) $40.00 O Lake Fayetteville
(b) Season boating and fishing permit (a) City resident $250.00
(16-64) $50.00 (b) Non-resident $325.00
(c) Daily boating and fishing permit (2) Lake Sequoyah $100.00
(65 and older) $5.00
(D) Fishing. All fishing shall be done only from
(d) Daily boating and fishing permit the lake bank or boat. No wading,
(16-64) $6.00 swimming, or belly boats shall be permitted.
Arkansas Game and Fish regulations shall
CD97:6
FAYETTEVILLE
PARKS AND RECREATION ADVISORY BOARD
Meeting Minutes September 8, 2008
Opening:
The regular meeting of the Parks and Recreation Advisory Board was called to order by
Chairman Wade Colwell at 5:33 p.m. on September 8, 2008 in room 326 of the City
Administration Building located at 113 West Mountain Street in Fayetteville, Arkansas.
Present:
Parks and Recreation Advisory Board members Colwell, Biendara, Waite, Hatfield and
P. Jones were present. Mauritson was absent. Parks and Recreation Staff members
Edmonston, Humphry, Wright, Jumper, Martin, and Thomas and the audience were in
attendance.
Lake Recreation Committee Report: Colwell,Hatfield and Waite
Colwell checked with several places in NW Arkansas about their park fees. He
said Beaver Lake has a$4.00 park fee. This fee has greatly reduced trash. The
minimal boat dock fee is $1,500/per year. The Game and Fish Commission does
not have a charge. Hickory Creek has no fee for canoes and kayaks. Lake
Wedington has a$5.00 park fee.
Hatfield said the tour of the Lake Sequoyah boat docks was eye opening. It is a
wooden structure with a metal roof and is deteriorating. It is used more for storage
than active boating. It might be a good idea to have a professional look at it.
Colwell said that fishing was not allowed on the boat dock. Maybe a fishing pier
could be made ADA accessible, and fishing be allowed off it. He would like to
take the new fees to the Council and make them effective January 2009.
Hatfield asked if the non motorized item includes sailboats.
Edmonston commented that sailboats need to be added.
Edmonston then said that if PRAB agrees to the new fees, it will be an
amendment to the existing ordinance.
Colwell motioned to amend the lake fees. Hatfield seconded it. Motion passed 5-
0-0 by voice vote.
September 8, 200811
Proposed Lake Fee Changes
Note: All fees are the same, only adding Daily and Season non-motorized boat fees.
To be implemented May 1, 2009 if approved.
Fee Description Descriptions Current Fees Fees
Daily Fishing Daily Fishing * $3 $3
Daily Fishing- Senior Daily Fishing Sr. Citizen* $2 $2
DailyBoa &Fishing Daily Boating&Fishing $6 $6
Daily Boating&Fishing Sr. Citizen Daily Boating&Fishing Sr. Citizen $5 $5
Season Fishing Season Fishing * $30 $30
Season Fishing- Senior Season Fishing Sr. Citizen* $20 $20
Season Boating&Fishing-permit is with the
Season Boating&Fishing boat $50 $50
Season Boating&Fishing Sr. Citizen-permit
Season Boating&Fishing Sr. Citizen is with the boat $40 $40
MNO MUM
Lake Fayetteville Stall Rental includes$50
Lk Fay. Boat Stall Rental Resident season fishing&boating $300 $300
Lk Fay. Boat Stall Rental Resident-Sr. Lake Fayetteville Stall Rental includes$40
Citizens Sr. Citizen season fishing&boatin $290 $290
Lake Fayetteville Non-Resident Stall Rental
Lk Fay.Boat Stall Rental Non-Resident includes $50 season fishing&boating $375 $375
Lake Fayetteville Non-Resident Stall Rental
Lk Fay. Boat Stall Rental Non-Resident- includes$40 Sr. Citizen season fishing&
Sr. Citizens boating $365 $365
Lake Sequoyah Stall Rental includes 50
Lk Seg. Boat Stall Rental season fishing&boating $150 $150
Lake Sequoyah Stall Rental includes 40 Sr.
Lk Seq. Boat Stall Rental- Sr. Citizens Citizen season fishing& boating $140 1 $140
Da>lyNon motored Boating £or Canoes,
` Kayaks,Paddle
Dail Noi motorized Boatm ;<. .. ' ....,. . . .,., Inflatables NIA' $3
Boats, Sai boats and ,
' l Y ' }Season Non motorized Boatzng ,1?er�ut�s `
Seasgn+Non motorized:;Boatu` , .,.. �. ,,,;; wilhthe, 'erson; �otthe.boat, : } NIA: ' � $20
Season permit included with boat stall rental is for renter only.
All passengers must obtain their own permits.
All State and Ferderal laws must be followed in addition to City Ordinances
* Fishing stated from Dock/Bank removed with new proposal.
