A person who violates or fails to comply with any provision of this division is guilty of a misdemeanor and on conviction is punishable by a fine in accordance with the general penalty provision set forth in section 1.01.009 of this code.
(Ordinance adopting Code)
(a)
Generally.
The boating regulations contained in title
4, chapter 31, subchapters C and D of the Texas Parks and Wildlife
Code and any amendments thereto subsequently enacted by the state
legislature are hereby made applicable to all boating on the waters
of Lake Coleman, Lake Scarborough or Memory Lake ’76. Enforcement
of this section shall be governed by the provisions of title 4, chapter
31, subchapter E of the Texas Parks and Wildlife Code and any amendments
thereto subsequently enacted by the legislature of the state.
(b)
Life belt, life jacket or ski belt required.
No person
shall use, operate or ride in any boat or other craft upon the waters
of Lake Coleman, Lake Scarborough or the Old City Lake without wearing
a life belt, life jacket or ski belt while using, operating or riding
in such boat or other craft on the said waters. Any peace officer
or game warden may enforce the provisions of this subsection.
(Ordinance 705 adopted 9/17/70; Ordinance 775 adopted 7/21/77)
(a)
No
person may operate a motorboat at such a rate of speed so as to cause
a wake or wash within the water area of Lake Coleman, as now or hereafter
established, which has been clearly marked by buoys or other distinguishing
device as a “no wake” area when such buoys or other devices
have been placed so as to distinctly identify the area or areas. The
following areas are hereby designated as “no wake” areas
on the waters of Lake Coleman:
(1)
All waters north of a line extending from the northwest corner of
Lot No. 7 of Lake Coleman Estates to the southwest corner of the Driftwood
Restaurant and Marina Tract.
(2)
All waters north of a line extending from the southeast corner of
the Quail Creek Recreation Area to the southernmost point of Lot 8-A
of Lake Coleman Estates.
(3)
An area on upper Lake Coleman from Lot 35 to Lot 95 of Ranch Oaks
Subdivision, Block A, Comanche Shores, in G.H. & H. RR Co. Survey
No. 79 and 80, Block 2.
(b)
No
person may operate a vessel towing a person or persons on water skis,
surfboards or similar devices and no person may engage in water skiing,
surfboarding or similar activity within the water area of Lake Coleman
which has been clearly marked by buoys or other distinguishing devices
as a “no skiing” area when such buoys or other devices
have been placed so as to distinctly identify the area or areas. The
following areas are hereby designated as “no skiing” areas
on the waters of Lake Coleman:
(1)
All waters north of a line extending from the northwest corner of
Lot No. 7 of Lake Coleman Estates to the southwest corner of the Driftwood
Restaurant and Marina Tract.
(2)
All waters north of a line extending from the southeast corner of
the Quail Creek Recreation Area to the southernmost point of Lot 8-A
of Lake Coleman Estates.
(c)
All
persons water skiing on the waters of Lake Coleman shall wear a life
jacket, life belt or ski belt; and no boat operator shall tow any
water skier who is not wearing said life jacket, life belt or ski
belt. No person shall use or tow any water skier upon the waters of
Lake Coleman one hour after sunset and one hour before sunrise; nor
shall any such water ski be used or towed by any person or persons
nearer than 150 feet to any boat, raft, warning buoy or boat dock.
Any peace officer or game warden may enforce the provisions of this
subsection.
(d)
It
shall be unlawful for any person, firm or corporation to place upon
the waters of Lake Coleman any rowboat, sailboat, motorboat or houseboat,
vessel or aquaplane without first complying with the rules and regulations
of the state department of parks and wildlife now in force, or which
may hereafter be promulgated. The penalties for violation of any of
the provisions of said rules and regulations shall be those prescribed
and enacted by the state, which penalties shall be enforced in courts
of competent jurisdiction.
(e)
It
shall be unlawful for any person to fish in waters of Lake Coleman
except under the rules and regulations prescribed by the state parks
and wildlife department, and such rules and regulations as may be
hereafter promulgated for Lake Coleman. The penalties for violation
of any of the provisions of said rules and regulations shall be those
prescribed and enacted by the state, which penalties shall be enforced
in courts of competent jurisdiction.
(f)
The city manager shall appoint a lake warden who shall reside upon the lake premises and whose duties shall be to enforce the terms and conditions as set forth in subsections (d) and (e), and for the purpose of enforcing said rules shall have, on the lands owned and controlled by the city in the lake area, all of the duties and authority of a city police officer, but shall not be connected with the city police department.
(g)
It
shall be unlawful for any person or persons to approach within a restricted
area extending a distance of 150 feet from the Morning Glory Spillway
at Lake Coleman or to permit any boat, raft or other water vehicle
used upon the waters of Lake Coleman to enter this restricted area.
Said restricted area is identified by interconnected buoys, and the
entry by any person or persons into the restricted area identified
by these buoys shall constitute a violation of these provisions.
(h)
It
shall be unlawful to water ski or use or set trotlines or throw lines
in that portion of the lake lying north of the soil conservation dam.
(i)
It
shall be unlawful for any person to operate a motorboat upon Lake
Coleman, the operation of which creates or produces such noise that
is offensive to a person of ordinary sensitivities, and any such operation
shall be deemed a public nuisance. It shall be presumed, for the purposes
of this subsection, that the operation of any motorboat upon Lake
Coleman which creates or produces a noise level in excess of 86 decibels,
as measured from said motorboat at a distance of fifty (50) feet or
more, shall be deemed a violation hereunder and a public nuisance.
(j)
It
shall be unlawful for any person to operate a motorboat upon Lake
Coleman if said motorboat has an over-the-transom exhaust system.
All motorboats or other motor-powered watercraft operating on the
waters of Lake Coleman must have an exhaust water manifold or a factory-type
muffler installed on the engine.
(k)
Public
access to Lake Coleman/Press Morris Park property shall be limited
to the times and conditions as follows:
(Ordinance 671 adopted 8/6/66; Ordinance 671-A, adopted 4/4/68; Ordinance
777 adopted 8/17/77; Ordinance 848 adopted 6/7/84; Ordinance 980 adopted 6/26/01; Ordinance 705 adopted 9/17/70; Ordinance 785 adopted 2/2/78; Ordinance
905 adopted 3/4/93)
Lake Scarborough shall be closed to public access until further
notice is given. The city staff shall be directed to post signage
at any entry points to the lake indicating "Closed to the Public."
(Ordinance 675 adopted 4/6/67; Ordinance 979 adopted 6/26/01; Ordinance
983 adopted 7/26/01; Ordinance 1230 adopted 12/15/2022)
Public access to Memory Lake property shall be limited to the
times and conditions as follows:
(1)
During
such periods of access, persons shall not be in possession of any
firearms, guns or explosives, fireworks of any nature, nor any form
of alcoholic beverages.
(2)
Access
shall be only on existing roads and designated parking areas and there
shall be no off-road driving of any motor vehicles.
(3)
Access
shall not include the right for overnight camping or open fires on
the premises and shall not include water skiing nor operation of any
gasoline-powered watercraft. No trotline fishing will be allowed.
(4)
Public
swimming shall be allowed during posted times of public access. Swimming
will be at the risk of the public and the city will be held harmless
in the event of any accidents.
(Ordinance 981 adopted 6/26/01; Ordinance 983 adopted 7/26/01)
