The regulations covered in this article shall apply to the public use of those lands and lake areas within the town limits of the town owned by the U.S. Army Corps of Engineers. The chief of police and the city's police officers are authorized to enforce the provisions of this article, and all other municipal, state and federal laws applicable in the town; and shall have the authority to issue or cause to have issued citations or otherwise enforce this article in accordance with all applicable laws.
(Ordinance 282-10-15 adopted 10/12/2015)
For the purpose of this article the following definitions shall apply unless the context clearly indicates or requires a different meaning.
Chief of police.
The chief of police of the City of Corinth, Texas, or the chiefs designated representative.
District commander.
The district commander of the United States Army Corps of Engineers, or the commander's designated representative.
Posted restrictions.
Any and all restrictions, rules and regulations promulgated by the United States Army Corps of Engineers which govern the use of Lake Lewisville or the project lands.
Project waters or lands.
Lewisville Lake and the area surrounding Lewisville Lake which is owned by the federal government and which lies within the corporate city limits or the ETJ (extraterritorial jurisdiction) of the town.
Town.
The Town of Shady Shores, Texas.
(Ordinance 282-10-15 adopted 10/12/2015)
(a) 
This section pertains to all vehicles, including, but not limited to, automobiles, trucks, motorcycles, mini-bikes, snowmobiles, dune buggies, all-terrain vehicles, and trailers, campers, bicycles, or any other such equipment.
(b) 
Vehicles shall be operated in accordance with municipal ordinances, posted restrictions and regulations.
(c) 
A person commits an offense if the person is parked in violation of posted restrictions and regulations, or in such a manner as to obstruct or impede normal or emergency traffic movement or the parking of other vehicles, create a safety hazard, or endanger any person, property or environmental feature. A vehicle so parked is subject to removal and impoundment at the owner's expense.
(d) 
A person commits an offense if the person:
(1) 
Operates and/or parks a vehicle off a roadway situated within the project except at locations and times designated by the district commander;
(2) 
Takes any vehicle through, around or beyond a restrictive sign, recognizable barricade, fence, or traffic- control barrier;
(3) 
Operates a vehicle in a careless, negligent or reckless manner so as to endanger any person, property or environmental feature; or
(4) 
Disregards a posted sign regulating traffic.
(e) 
At designated recreation areas, vehicles shall be used only to enter or leave the area or individual sites or facilities unless otherwise posted.
(f) 
A person commits an offense if the person operates a motorized vehicle without a proper and effective exhaust muffler as defined by state and local laws, or with an exhaust muffler cutout open, or in any other manner which renders the exhaust muffler ineffective in muffling the sound of engine exhaust; unless authorized by the district commander.
(Ordinance 282-10-15 adopted 10/12/2015)
(a) 
This section pertains to all vessels or watercraft, including, but not limited to, powerboats, cruisers, houseboats, sailboats, rowboats, canoes, kayaks, personal watercraft, and any other such equipment capable of navigation on water or ice, whether in motion or at rest.
(b) 
A person commits an offense if the person places or operates any vessel or watercraft for a fee or profit upon project waters or lands is prohibited except as authorized by permit, lease, license, or concession contract with the Department of the Army.
(c) 
A person shall keep a copy of the permit on the vessel or watercraft at all times while in operation on or at project waters or lands.
(d) 
Vessels or other watercraft may be operated on the project waters, except in prohibited or restricted areas, in accordance with posted regulations and restrictions, including buoys. All vessels or watercraft so required by applicable federal, state and local laws shall display an appropriate registration on board whenever the vessel is on project waters.
(e) 
A person commits an offense if the person operates a vessel or other watercraft in a careless, negligent, or reckless manner so as to endanger any person, property, or environmental feature.
(f) 
A vessel, when on project waters, shall have safety equipment, including personal flotation devices, on board in compliance with U.S. Coast Guard boating safety requirements and in compliance with boating safety laws issued and enforced by the state. The owner or operator of a vessel not in compliance with this section may be requested to remove the vessel immediately from project waters until such time as items of noncompliance are corrected.
(g) 
Unless otherwise permitted by federal, state, or local law, a vessel or other watercraft, while moored in commercial facilities, community or corporate docks, or at any fixed or permanent mooring point, may only be used for overnight occupancy when such use is incidental to recreational boating.
(h) 
A person commits an offense if the person uses a vessel or other watercraft as a place of habitation or residence.
(i) 
Water skis, parasails, ski-kites and similar devices are permitted in nonrestricted areas except that they may not be used in a careless, negligent, or reckless manner so as to endanger any person, property or environmental feature.
(j) 
A person commits an offense if the person attaches or anchors a vessel to a structure such as a lock, dam, buoy or other structure unless authorized by the district commander. All vessels, when not in actual use, shall be removed from project lands and waters unless securely moored or stored at designated areas approved by the district commander.
(k) 
The placing of floating or stationary mooring facilities on, adjacent to, or interfering with a buoy, channel marker or other navigational aid is prohibited.
(l) 
The use at a project of any vessel not constructed or maintained in compliance with the standards and requirements established by the Federal Safe Boating Act of 1971 (Pub. L. 92-75, 85 Stat. 213), or promulgated pursuant to such act, is prohibited.
(m) 
A person commits an offense if the person operates any vessel or watercraft without a proper and effective exhaust muffler as defined by state and local laws, or with an exhaust muffler cutout open, or in any other manner which renders the exhaust muffler ineffective in muffling the sound of engine exhaust, except as authorized by the district commander. It is an affirmative defense to prosecution that the district commander authorizes such.
(Ordinance 282-10-15 adopted 10/12/2015)
(a) 
Swimming, wading, snorkeling or scuba diving at one's own risk is permitted, except at launching sites, designated mooring points and public docks, or other areas so designated by the district commander.
(b) 
An international diver down, or inland diving flag must be displayed during underwater activities.
(c) 
A person commits an offense if the person dives, jumps or swings from trees, bridges or other structures which cross or are adjacent to project waters.
(Ordinance 282-10-15 adopted 10/12/2015)
Camping is not permitted within the Town of Shady Shores on Corp Property without written permission of the district commander.
(Ordinance 282-10-15 adopted 10/12/2015)
(a) 
Hunting is permitted except in those areas and during periods where prohibited by the district commander.
(b) 
Trapping is permitted except in those areas and during periods where prohibited by the district commander.
(c) 
Fishing is permitted except in swimming areas, on boat ramps or other areas designated by the district commander.
(d) 
A person commits an offense if the person engages in hunting, trapping, or fishes in an area where hunting, trapping or fishing is prohibited by this article or by the district commander.
(e) 
The district commander may impose additional restrictions pertaining to hunting, fishing and trapping.
(f) 
All applicable federal, state and local laws regulating these activities apply on project lands and waters, and shall be regulated by authorized enforcement officials.
(Ordinance 282-10-15 adopted 10/12/2015)
(a) 
A person commits an offense if the person fails to remove garbage, trash, rubbish, litter, gray water, or any other waste material or waste liquid generated on the project and incidental to authorized recreational activities or fails to deposit in receptacles provided for that purpose. The improper disposal of such wastes, human and animal waste included, on the project, is prohibited.
(b) 
A person commits an offense if the person brings onto corp property any household or commercial garbage, trash, rubbish, debris, dead animal or litter of any kind for disposal or dumping without the written permission of the district commander. For the purposes of this section, the owner of any garbage, trash, rubbish, debris, dead animal or litter of any kind shall be presumed to be responsible for proper disposal. This presumption will be sufficient to issue a citation for violation.
(c) 
A person commits an offense if the person spills, pumps, discharges or disposes of contaminants, pollutants or other wastes, including, but not limited to, human or animal waste, petroleum, industrial and commercial products and byproducts, on corp property lands or waters.
(d) 
A person commits an offense if the person fails to keep his campsite or picnic site free of trash and litter during the period of occupancy and shall remove all personal equipment and clean their sites upon departure.
(e) 
A person commits an offense if the person discharges or places sewage, galley waste, garbage, refuse, or pollutants into the project waters from any vessel or watercraft.
(Ordinance 282-10-15 adopted 10/12/2015)
(a) 
Gasoline and other fuels, except that which is contained in storage tanks of vehicles, vessels, camping equipment, or hand portable containers designed for such purpose, shall not be carried onto or stored on the project without written permission of the district commander.
(b) 
Fires shall be confined to those areas designated by the district commander, and shall be contained in fireplaces, grills, or other facilities designated for this purpose. Fires shall not be left unattended and must be completely extinguished prior to departure. The burning of materials that produce toxic fumes, including, but not limited to, tires, plastic and other floatation materials or treated wood products is prohibited. The district commander may prohibit open burning of any type for environmental considerations.
(c) 
Improper disposal of lighted smoking materials, matches or other burning material is prohibited.
(Ordinance 282-10-15 adopted 10/12/2015)
(a) 
No person shall bring or allow dogs, cats, or other pets into developed recreation areas or adjacent waters unless penned, caged, on a leash under six feet in length, or otherwise physically restrained.
(b) 
No person shall allow an animal to impede or restrict otherwise full and free use of project lands and waters by the public.
(c) 
No person shall allow animals to bark or emit other noise which unreasonably disturbs other people.
(d) 
A person commits an offense if the person takes an animal into a sanitary facility, playground, or onto a swimming beach or any other areas so designated by the district commander. It is an affirmative defense to prosecution that the animal is an animal trained to assist a person with a disability (such as a seeing-eye dog).
(e) 
Abandonment of any animal on project lands or waters is prohibited. Unclaimed or unattended animals are subject to immediate impoundment and removal in accordance with state and local laws.
(f) 
A person bringing or allowing a pet in a designated public use area shall be responsible for proper removal and disposal of any waste produced by these animals.
(g) 
A person commits an offense if the person brings or allows a horse, cattle, or other livestock in camping, picnicking, swimming or other recreation areas or on trails except in areas designated by the district commander.
(h) 
Ranging, grazing, watering or allowing livestock on project lands and waters is prohibited except when authorized by lease, license or other written agreement with the district commander.
(i) 
Unauthorized livestock are subject to impoundment and removal in accordance with federal, state and local laws.
(j) 
Any animal impounded under the provisions of this section may be confined at a location designated by the district commander, who may assess a reasonable impoundment fee. This fee shall be paid before the impounded animal is returned to its owner(s).
(k) 
Wild or exotic pets and animals (including but not limited to cougars, lions, bears, bobcats, wolves, and snakes), or any pets or animals displaying vicious or aggressive behavior or otherwise posing a threat to public safety or deemed a public nuisance, are prohibited from project lands and waters unless authorized by the district commander, and are subject to removal in accordance with federal, state and local laws.
(Ordinance 282-10-15 adopted 10/12/2015)
(a) 
The district commander may establish and post a schedule of visiting hours and/or restrictions on the public use of a project or portion of a project (corp property). The district commander may close or restrict the use of a project or portion of a project when necessitated by reason of public health, public safety, maintenance, resource protection or other reasons in the public interest. Entering or using a project in a manner which is contrary to the schedule of visiting hours, closures or restrictions is prohibited.
(b) 
Quiet shall be maintained in all public use areas between the hours of 10:00 p.m. and 8:00 a.m., or those hours designated by the district commander. Excessive noise during such times which unreasonably disturbs persons is prohibited.
(c) 
Any act or conduct by any person which interferes with, impedes or disrupts the use of the project or impairs the safety of any person is prohibited. Individuals who are boisterous, rowdy, disorderly, or otherwise disturb the peace on project lands or waters may be requested to leave the project.
(d) 
The operation or use of any sound producing or motorized equipment, including but not limited to generators, vessels or vehicles, in such a manner as to unreasonably annoy or endanger persons at any time or exceed state or local laws governing noise levels from motorized equipment is prohibited.
(e) 
The possession and/or consumption of alcoholic beverages on any portion of the project land or waters, or the entire project, may be prohibited when designated and posted by the district commander.
(f) 
Unless authorized by the district commander, smoking is prohibited in any visitor centers or enclosed park building within the project and in areas posted to restrict smoking.
(Ordinance 282-10-15 adopted 10/12/2015)
(a) 
A person commits an offense if the person possesses a loaded firearm, ammunition, loaded projectile firing devices, bow and arrow, crossbow, or other weapon within the project land or waters.
(b) 
It is an affirmative defense to prosecution for a violation of subsection (a) that the weapon is:
(1) 
In the possession of a federal, state or local law enforcement officer, judge or prosecuting attorney;
(2) 
Being used for hunting or fishing as permitted under state or federal law, with weapons being unloaded when transported to, from or between hunting and fishing sites;
(3) 
Written permission for the use of the weapon has been received from the district commander, or the weapon is possessed by a person lawfully issued a carry permit under state law.
(c) 
Possession of explosives or explosive devices of any kind, including fireworks or other pyrotechnics, is prohibited unless written permission has been received from the district commander.
(Ordinance 282-10-15 adopted 10/12/2015)
(a) 
Destruction, injury, defacement, removal or any alteration of public property including, but not limited to, developed facilities, natural formations, mineral deposits, historical and archaeological features, paleontological resources, boundary monumentation or markers and vegetative growth, is prohibited. It is an affirmative defense that the person has the written permission of the district commander.
(b) 
Gathering of dead wood on the ground for use in designated recreation areas as firewood is permitted, unless prohibited and posted by the district commander.
(Ordinance 282-10-15 adopted 10/12/2015)
(a) 
Personal property of any kind shall not be abandoned, stored or left unattended upon project lands or waters. After a period of 48 hours, or at any time after a posted closure hour in a public use area or for the purpose of providing public safety or resource protection, unattended personal property shall be presumed to be abandoned and may be impounded and stored at a storage point designated by the chief of police, who may assess a reasonable impoundment fee. Such fee shall be paid before the impounded property is returned to its owner.
(b) 
Personal property placed on federal lands or waters adjacent to a private residence, facility and/or developments of any private nature for more than 48 hours without permission of the district commander shall be presumed to have been abandoned and, unless proven otherwise, such presumption will be sufficient to impound the property and/or issue a citation.
(Ordinance 282-10-15 adopted 10/12/2015)
(a) 
Advertising and the distribution of printed matter is allowed within project land and waters provided that a permit to do so has been issued by the district commander and provided that this activity is not solely commercial advertising.
(b) 
An application for such a permit shall set forth the name of the applicant, the name of the organization (if any), the date, time, duration, and location of the proposed advertising or the distribution of printed matter, the number of participants, and any other information required by the permit application form. Permit conditions and procedures are available from the district commander.
(c) 
Vessels and vehicles with semi-permanent or permanent painted or installed signs are exempt as long as they are used for authorized recreational activities and comply with all other rules and regulations pertaining to vessels and vehicles.
(d) 
The permittee shall provide a copy of any permit obtained to the chief of police, or any peace officer requesting same.
(Ordinance 282-10-15 adopted 10/12/2015)
(a) 
The construction, placement, or existence of any structure (including, but not limited to, roads, trails, signs, nonportable hunting stands or blinds, buoys, docks, or landscape features) of any kind under, upon, in or over the project lands or waters is prohibited unless a permit, lease, license or other appropriate written authorization has been issued by the district commander.
(b) 
The design, construction, placement, existence or use of structures in violation of the terms of the permit, lease, license, or other written authorization is prohibited. The federal and state government and the town shall not be liable for the loss of, or damage to, any private structure, whether authorized or not, placed on project lands or waters.
(c) 
An unauthorized structure is subject to summary removal or impoundment by the chief of police or designated representative. Portable hunting stands, climbing devices, steps, or blinds that are not nailed or screwed into trees and are removed at the end of a day's hunt may be used.
(Ordinance 282-10-15 adopted 10/12/2015)
(a) 
A copy of any permit, lease, license or other appropriate written authorization by the district commander when required by the provisions of this article, upon issuance shall be provided to the chief of police.
(b) 
At all times while on project waters or lands, the person to whom a permit, lease, license or other written authorization from the district commander shall carry with him a copy of any such permit, lease, license or other appropriate written authorization by the district commander and shall be made available for inspection by the chief of police.
(Ordinance 282-10-15 adopted 10/12/2015)
Except as otherwise provided in this article or by federal law or regulations, state and local laws and ordinances shall apply on project land and waters, including but not limited to state and local laws and ordinances governing the following:
(1) 
Operation and use of motor vehicles and vessels;
(2) 
Hunting, fishing and trapping;
(3) 
Use or possession of firearms or other weapons;
(4) 
Civil disobedience and criminal acts;
(5) 
Littering, sanitation and pollution;
(6) 
Possession and/or use of alcohol or controlled substances;
(7) 
Fires; and explosives, firearms, other weapons and fireworks.
(Ordinance 282-10-15 adopted 10/12/2015)
Any person, firm or corporation (collectively referred to as "person") violating any of the provisions of this article, shall be subject to the penalty as provided herein, and upon conviction shall be punished by a fine not to exceed the sum of five hundred dollars ($500.00) for each offense. Each and every day such violation shall continue shall be deemed to constitute a separate offense.
(Ordinance 282-10-15 adopted 10/12/2015)