A violation of any provision of this division shall be deemed a class C misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed $500.00.
(1995 Code, sec. 96.99(B); Ordinance 4305 adopted 12/21/2010)
This division applies to all waters impounded by Kurth Lake Dam constituting Kurth Lake and their tributaries and the adjacent lands owned or controlled by the city, herein referred to as “the lake.”
(1995 Code, sec. 96.60; Ordinance 4305 adopted 12/21/2010)
The city shall not be liable to any person on account of the loss or damage of any property that may be placed in or upon the lake, nor shall the city be liable to any person whomsoever on account of personal injuries or loss of life that may be sustained by any person in or upon the lake. Any person entering in or upon the lake shall do so at his or her sole risk and shall not be privileged to enter or remain in or upon such lake save and except under the terms of this division that have been or may be adopted by the city council, nor shall the city be responsible or liable in such instances as set out in this section.
(1995 Code, sec. 96.61; Ordinance 4305 adopted 12/21/2010)
(a) 
The city manager or his or her designee shall be in charge of lake operations and the enforcement of the regulations herein adopted. Any peace officer shall keep the peace and patrol the lake in order to enforce this division and all other laws, ordinances, rules and regulations of the city or state relating to the waters of the lake and [is authorized] to make arrests or write tickets for any violation of this division, other city ordinance, or state law and/or to exclude any person found violating this division or state law from the lake.
(b) 
All boats and other watercraft, before the boats and watercraft are permitted to be placed on the lake, shall be registered with the state and conform to Tex. Parks and Wildlife Code, title 4, Water Safety, and any other applicable state statute and/or city ordinances. If it is concluded the watercraft or boat is unsafe or dangerous to life, such watercraft may be removed from the lake.
(1995 Code, sec. 96.62; Ordinance 4305 adopted 12/21/2010)
The city manager may, upon application and after a hearing, waive for a specified length of time such of the terms, provisions, and conditions of this division that may be deemed appropriate for the accommodation of educational purposes and other special events as may be permitted from time to time, and subject to such safety measures as the city manager may require.
(1995 Code, sec. 96.63; Ordinance 4305 adopted 12/21/2010)
(a) 
It is unlawful for any person to engage in any commercial activity on the lake.
(b) 
No person shall rent or let for hire boats on the lake.
(c) 
The city manager or his or her designee may authorize commercial or organized recreational activities or events upon proper request. Activities or events for which authorization is required include fishing tournaments, bird watching, or other related events. Requirements for authorization include:
(1) 
Assurances of financial responsibility, including appropriate insurance; and
(2) 
Signing an indemnification agreement with the city assuming responsibly for all damages or claims arising out of the activity. The authorization shall specify where and under what conditions the activity may be conducted to prevent the activity from adversely impacting use of the lake by the general public.
(1995 Code, sec. 96.64; Ordinance 4305 adopted 12/21/2010)
All main roads around the lake are maintained by the city or other appropriate entity. Any damage to roadways by private or corporate users shall be repaired by the city and billed to the private or corporate users based on actual cost to the city.
(1995 Code, sec. 96.65; Ordinance 4305 adopted 12/21/2010)
No person will be allowed to camp on the lake or on adjacent city-owned property.
(1995 Code, sec. 96.69; Ordinance 4305 adopted 12/21/2010)
Swimming is not allowed on Kurth Lake or any adjacent waters on or accessed from city-owned property.
(1995 Code, sec. 96.70; Ordinance 4305 adopted 12/21/2010)
It is unlawful for any person to leave unattended any motor vehicle with a boat trailer in tow within 50 feet of the water of the lake unless in an area officially designated for public parking, and it is unlawful to park vehicles in any designated safety or turn-around zone except as necessary while loading or unloading a boat.
(1995 Code, sec. 96.71; Ordinance 4305 adopted 12/21/2010)
(a) 
Placement.
City personnel shall place signs and markers on the lake to mark and specify restricted areas and for informational purposes.
(b) 
Damaging sign or marker.
It is unlawful for any person to deface or otherwise damage any sign or marker placed by the city on the lake.
(1995 Code, sec. 96.72; Ordinance 4305 adopted 12/21/2010)
(a) 
Cutting trees or brush.
It is unlawful for any person to cut any trees or brush on any city-owned property at the lake without the approval of the city engineer.
(b) 
Disturbing sod or removing soil.
Sodding may not be disturbed unnecessarily. Soil may not be removed nor the natural contour disturbed in any way on city-owned property without permission of the city engineer.
(c) 
Dredging.
All dredging will be accomplished in accordance with U.S. Corps of Engineers rules and guidelines, with approval of the Corps as applicable, and with approval of the city engineer.
(d) 
Artificial shelters or baited areas.
No artificial shelters, such as willow tops, etc., or any baited area of any kind shall be placed or allowed in the waters of the lake.
(1995 Code, sec. 96.74; Ordinance 4305 adopted 12/21/2010)
It is unlawful for any person to dump trash, brush, or garbage of any kind except in places designated by the city. Trash receptacles located in parks, on benches, and at boat ramps are for facility users only, and no household garbage may be deposited in these containers.
(1995 Code, sec. 96.75; Ordinance 4305 adopted 12/21/2010)
It is unlawful for any person to place barrels, pontoons, or other such containers upon or in the water of the lake. The city may employ such devices for markers or other similar uses.
(1995 Code, sec. 96.77; Ordinance 4305 adopted 12/21/2010)
Any person who is under the influence of intoxicating liquor, narcotic drugs or barbiturates or any person who is a habitual user of intoxicating liquor, narcotic drugs or barbiturates shall not operate or occupy or be in physical control of any boat or other watercraft on the lake, nor shall the owner of any boat or other watercraft or any person in charge or in control authorize or knowingly permit the boat or watercraft to be operated by any person who is under the influence of intoxicating liquor, narcotic drugs or barbiturates.
(1995 Code, sec. 96.78; Ordinance 4305 adopted 12/21/2010)
If the operator of any boat or watercraft [is] involved in an accident on the lake resulting in injury or death to any person or in damage to property, he or she shall, so far as he or she can do so without danger to his or her own vessel or passengers, if any, render aid to other persons affected by the collision and such assistance as may be practicable and give his or her name, address, full identification of his or her boat and the name and address of the owner of the boat struck or the operator or occupants of the boats collided with and shall report such accident immediately to the city police department or the state parks and wildlife department.
(1995 Code, sec. 96.79; Ordinance 4305 adopted 12/21/2010)
(a) 
Safe operation of boats.
(1) 
Every operator of a boat or other watercraft on the lake shall at all times navigate the boat or watercraft in a careful and prudent manner and at such rate of speed as not to endanger the life, limb, or property of any person. The maximum speed limit on the lake is 35 mph.
(2) 
Boat operators in areas within 100 feet of a public boat ramp, intake or outlet structures, or along the dam, whether designated by marker buoys or not, shall limit their motorboats to a no-wake speed (five mph or less).
(b) 
Anchoring at sign, buoy or other marker; leaving boat unattended.
(1) 
It is unlawful for any boat to anchor or tie up to any posted sign, buoy, or other marker on the water of the lake except in case of emergency.
(2) 
It is unlawful for any person to leave a boat unattended on the waters of the lake unless in cases of emergency.
(c) 
Obstruction of ramp.
(1) 
It is unlawful for any person to block any public boat launch leading to the water of the lake.
(2) 
It is unlawful for any person to anchor a boat or other watercraft for fishing or other purposes on the lake in such a position as to obstruct the entrance or exit to the public boat launch.
(d) 
Removal of unsafe craft from lake.
The city, through the city manager or his or her designee, may require the removal of any boat or other watercraft from the lake if it is deemed a navigational hazard or is in an unsafe operating condition. In the event of noncompliance by the owner to such order, the craft will be removed from the lake by the city and the owner will be assessed all costs.
(e) 
Overloading.
No person owning or operating a boat or other watercraft on the lake may permit it to be occupied by more persons than the rated capacity of such boat or other watercraft, [or] to be loaded with passengers or cargo beyond its safe capacity, taking into consideration weather and other operating conditions.
(f) 
Standing in motorboat; riding on certain places.
(1) 
No person operating a motorboat on the lake may allow any person to ride or sit on the gunwales (side rails) thereof or on the decking over the bow of the craft while underway, nor allow any person to stand in such craft while underway.
(2) 
Passengers or other persons aboard a motorboat may stand on the decking over the bow of the boat to moor the boat or to cast off for any other necessary purpose.
(g) 
Operation of boats at night prohibited.
No boat shall be operated on the lake between sunset and sunrise. A boat may be operated between sunset and sunrise only as a result of mechanical failure or rescue operations, and the lights required by the state Water Safety Act shall be operating and lighted regardless of the size of the boat or motor.
(h) 
Fire extinguishers.
Fire extinguishers are required in all boats as prescribed by the state Water Safety Act, Tex. Parks and Wildlife Code, section 31.067.
(i) 
Abandoned boats and watercraft.
(1) 
Any boat or watercraft which is found upon the waters of the lake or upon any public property immediately adjacent thereto and which is inoperable and left unattended for more than 24 hours, or is unseaworthy and cannot be used as a safe means of transportation on the water, or that has remained on the lake illegally for more than 24 hours, is deemed to be an abandoned watercraft. For purposes of this section, “watercraft” shall include any motorboat, outboard motor, or vessel subject to registration under state law.
(2) 
The city manager or his or her designee may authorize taking into custody any abandoned watercraft found upon the water of, or on any public property immediately adjacent to, the lake. Any watercraft deemed a navigational hazard may be removed from the lake.
(3) 
When any abandoned watercraft is taken into custody under the authority of these rules, the city shall promptly notify by certified mail, return receipt requested, the last known registered owner and all lienholders of record that the watercraft has been taken into custody. The notice shall describe the watercraft by size, color, and general description and shall set forth the location of the facility where the watercraft is being held, and shall further inform the owner and any lienholder of the right to reclaim the watercraft within 30 days after the date of notice upon payment of all towing, preservation and storage charges resulting from placing the watercraft in custody and upon paying the required registration and fees as may be required by these rules. The notice shall further state that the failure of the owner or lienholders to exercise the right to reclaim the watercraft within the time provided shall be deemed a waiver of all right, title and interest in the watercraft and their consent to the sale of the abandoned watercraft at a public auction, or to the removal and destruction of the abandoned watercraft at a public auction.
(4) 
If the identity of the last registered owner cannot be determined, or the registration contains no address for the owner, or if it is impossible to determine with reasonable certainty the identity and addresses of all lienholders, notice by one publication in a newspaper of general circulation within the city shall be sufficient to meet all requirements of notice pursuant to these rules. Such notice by publication may contain a multiple listing of abandoned watercraft. Any such notice shall be within the same time requirements and shall have the same contents required for a notice by certified mail.
(5) 
If an abandoned watercraft has not been reclaimed by the owner or lienholders as provided for herein, the city shall sell the abandoned watercraft at a public auction or remove and destroy the abandoned watercraft if deemed a navigational hazard. Sale of the abandoned watercraft must be preceded by a notice in a newspaper of general circulation within the city or on the internet at least three weeks before the sale takes place. The notice shall include the place and date of sale, a full description of the watercraft to be sold, and the name of the owner, if known. The purchaser of the watercraft shall take title to the watercraft free and clear of all liens and claims of ownership, shall receive a sales receipt from the city and shall be entitled to register the purchased watercraft as provided for herein. From the proceeds of the sale of an abandoned watercraft, the city shall reimburse itself for the expenses of the auction, towing, preserving, watercraft storage, notice and publication costs which resulted from placing the abandoned watercraft in custody. Any remainder from the proceeds of a sale shall be deposited in the city water and sewer fund for lake operations.
(6) 
If there are no purchasers of the watercraft at a public auction held pursuant to these rules, the city can dispose of the watercraft as deemed appropriate.
(1995 Code, sec. 96.80; Ordinance 4305 adopted 12/21/2010)
(a) 
Commercial fishing prohibited.
(1) 
No person may engage in commercial fishing on the lake.
(2) 
No person may use or operate a boat of any kind or description on the waters of the lake for the purpose of catching and taking fish or game for market or sale.
(b) 
Hazardous floats.
It is unlawful for any person to attach any glass, metal, or other solid floating objects hazardous to boats to any trotline or gang hook set out in the waters of the lake. Flexible plastic bottles or foam floats are not deemed to be a hazard to boats.
(c) 
Use of metal line or cable prohibited.
It is unlawful for any person to place or extend any metal line or cable in, over, on, or across the water of the lake.
(d) 
Trotlines and similar apparatus; nets prohibited.
(1) 
It is unlawful for any person to secure a trotline to any sign or buoy, or any part thereof, used for designating a shallow water area or any restricted area of the lake or intake structure.
(2) 
It is unlawful for any person to set out any trotline or other similar apparatus at any time in the lake and leave the same unattended for a period of time in excess of 24 hours.
(3) 
Name and contact information will be on trotlines or other similar apparatus.
(4) 
Any trotline or similar apparatus set out or left on in the waters of the lake in violation of this division is hereby declared to be a nuisance, endangering the health, safety, and welfare of the general public, and may be removed by any law enforcement officer or representative of the city engineer’s office.
(5) 
Nets are not allowed.
(e) 
Permit.
A permit, purchased from the city, is required for fishing on the lake. The permit must be displayed on or in a vehicle at all times while on city property adjacent to the lake. The permit must be readily visible from the outside of the vehicle. Failure to display a permit may lead to penalties as allowed by this article, removal of fishing privileges, and/or towing of the vehicle.
(1995 Code, sec. 96.81; Ordinance 4305 adopted 12/21/2010)
It is unlawful for a person to shoot, discharge, or hunt with a bow, crossbow, slingshot, gun, firearm, or any other of weapon in, on, over, across, or upon the lake, except as it may be authorized by the city manager or his or her designee. Any exception will be in writing from the city manager’s office.
(1995 Code, sec. 96.82; Ordinance 4305 adopted 12/21/2010)
(a) 
Dam and intake structure.
(1) 
No unauthorized person shall be permitted upon the dam for any purpose.
(2) 
No unauthorized person shall be permitted upon the intake structure for any purpose.
(3) 
No unauthorized person shall be permitted upon any pump station or intake structure.
(b) 
Other restricted areas.
No person shall engage in any activity on the lake or around the lake in an area which has been designated by the city as a restricted area and which has been plainly marked with signs that such is a restricted area.
(1995 Code, sec. 96.83; Ordinance 4305 adopted 12/21/2010)
Fees will be set by the council on a yearly basis.
(1995 Code, sec. 96.84; Ordinance 4305 adopted 12/21/2010; Ordinance adopting Code)