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HomeMy WebLinkAboutOrdinance - 10132-1999 - Amending Chapter 19 Code Of Ordinances Adding Section 19-5 Adopting Rules - 01/14/1999First: Reading It:em No. 19 January 14, 1999 Second Reading It:em No. 11 January 28, 1999 ORDINANCE NO. --=1=0=13=2'------ AN ORDINANCE AMENDING CHAPTER 19 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, PARKS, RECREATION AND RELATED MATTERS, ARTICLE I, IN GENERAL, BY ADDING SECTIONS: 19-5, ADOPTING RULES AND REGULATIONS OF THE BRAZOS RIVER AUTHORITY FOR THE POLICING OF LAKE ALAN HENRY; 19-6, ESTABLISHING A PENALTY FOR VIOLATION OF REGULATIONS; AND, 19-7, PROVIDING FOR THE FILING OF COMPLAINTS IN MUNICIPAL COURT FOR VIOLATION OF REGULATIONS. WHEREAS, the City Council of the City of Lubbock deems it to be in the best interests of the health, safety and welfare of the citizens of the City of Lubbock that the City regulate and police the public use of Lake Alan Henry and the land contiguous thereto owned by the City of Lubbock; NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1: THAT Article I, Chapter 19 of the Code of Ordinances of the City of Lubbock, Texas, is hereby amended by adding sections 19-5, 19-6, and 19-7, to read as follows: Sec. 19-5. Adoption of Rules and regulations of the Brazos River Authority, Lake Alan Henry. The Regulations for the Governance of Lake Alan Henry, adopted by the Brazos River Authority, as amended, and with the additions contained in this chapter, are hereby adopted as regulations of the City for the governance of the premises of Lake Alan Henry. Sec. 19-6. Penalty for violation of regulations, Lake Alan Henry. A person who violates or fails to comply with any regulation of the Regulations for the Governance of Lake Alan Henry, adopted by the Brazos River Authority, as amended, is guilty of a misdemeanor. Upon conviction, the violator is subject to punishment by a fine of not more than $200.00. Sec. 19-7. Filing Complaints for Violation of regulations, Lake Alan Henry. A citation or complaint for violation of a regulation of the Regulations for the Governance of Lake Alan Henry, adopted by the Brazos River Authority, as amended, may be filed in the Municipal Court for the City of Lubbock. SECTION 2. THAT should any section, paragraph, sentence, clause, phrase or word of this Ordinance be declared unconstitutional or invalid for any reason, the remainder ofthis Ordinance shall not be affected thereby. SECTION 3. THAT the City Secretary is hereby authorized and directed to cause publication of the descriptive caption of this Ordinance as an alternative method of publication. AND IT IS SO ORDERED Passed by the City Council on the first reading on this 14th day of __ J_an_ua---'ry~------' 1999. Passed by the City Council on the second reading on this ...2.8.th day of ___ J_an_ua __ ry~:-··---------' 1999 APPROVED AS TO CONTENT: Terry Ellerbrook, Director of Water Utilities APPROVED AS TO FORM: ~72c&tt· Dan T. Sal uri, Assistant City Attorney Brazos River Authority Ms. Diane Locknane City of Lubbock P. 0. Box 2000 Lubbock, Texas 79457 Dear Ms. Locknane: Pursuant to your reques· adoption by the Board c Regulations for Govern Please contact me if yo RK:rh w:laJnlpa\AlanHcnryiLocknanel+99 cc: Mr. Joe Smith 1-08-98 Resolution No. Item No. 19 J~l999 QUALITY • CONSERVATION • SERVICE January 4, 1999 Re: Regulations for Governance of Lake· Alan Henry TO: Ann Hood RE: LAH/BRA ord. adopt· ~ng rigulat· Attached . ~ons f ~s the or· · ? regulations f ~g~nal certified ~n the C. rom BRA t b copy ~ty Sec. file wit~ e maintained the adopted ord. S3J111UO H31VM RECEIVED JAN 8 1999 CITY :Si:~ttt: iAHY' LUBBOCK, TEXAS 4400 Cobbs Drtve • P.O. Box 7555 • Waco, Texas 76714-7555 254-776-1441 • FAX 254-772-5780 11. PUBLIC RECREATIONAL AREA In addition to the other regulations, all users of the Samuel W. Wahl Recreational Area shall also comply with the following regulations: a. All users of the recreational area shall parit only in designated areas. b. No person shall enter a posted area or violate any posted regulations pertaining to a restricted area. c. Users shall be liable for any damages caused by carelessness with fires. camp fires are allowed only if fire pits are properly constructed in full compliance with the posted instructions and all such camp fires are properly extinguished before being left unattended. d. The operation of electricity-producing generators in the recreational area shall be in a manner that does not disturb others using the area. e. No firearms shall be discharged on or across the recreational area. f. All users shall obtain all required permits, including, but not limited to, entrance permits, camping permits and boat launching permits. Such permits shall be carried or displayed in the manner shown thereon. • 12. WILDLIFE HABITAT AREA -4 ln addition to the other regulations. the following regulations apply only to the Wildlife Habitat Area (WHA}: a. The undeveloped WHA is open during specified hours on • designated days for day-use activities, including hiking, nature observation, bird-watching, photography, hunting by permit, etc.; and all overnight camping or overnight pariting is prohibited. DurinQ any permitted hunting period, all other day- use activities may be suspended for safety purposes. b. Each visitor to the WHA shall fill out an access permit located at the self-registration center at the WHA entrance. A fully completed and signed permit shall be carried by each visitor at all times while on the area, or such visitor will be considered a trespasser. c. No person shall enter upon the WHA when it Is closed or remain on the area after closing time. d. Motorcycles, motorscooters or similar vehicles are prohibited on the WHA. e. Vehicles shall be parked immediately adjacent to and parallel with the roads in the WHA and shall not leave the designated roadway. f. The consumption of alcoholic beverages on the WHA is strictly prohibited. g. No person shall enter upon any designated food plot or tree planting areas or any posted area on the WHA. h. All fishing in surface water impoundments on the WHA is prohibited. i. Horseback riding for pleasure on the WHA is prohibited. j. Neither the Authority nor the City shall be responsible for loss or damage to any personal belongings, hunting equipment, vehicles, pets or other items that are left or abandoned on the WHA. 6 13. PROHIBITED AND REGULATED AREAS a. The Authority's General Manager is authorized to designate areas on the Lake and on the Property from which the public shall be excluded for safety reasons. Such areas shall be marited by signs or buoys that clearly indicate that the public is excluded from the areas. No person shall go into any such prohibited area without the specific permission of an authorized representative of the Authority. b. The Authority's General Manager is authorized to designate areas on the Property wherein the speed of motor vehicles operated in such areas shall be restricted for purposes of safety. Such areas shall be marited with signs oo which the maximum speeds at which motor vehicles may be operated shall be posted. No motor vehicle shall be operated in any such area at a speed in excess of the speed thus posted. c. The City requires a permit for access to the Lake and/or to the Property and for specified activities thereon. Entering such areas or engaging in such activities in such areas without a required permit or violation of the terms of any such permit shall constitute a violation of these requlations. 14. ADVERTISING, COMMERCIAL ACTIVITIES AND EXHIBITIONS a. Private notices, advertisements and signs are prohibited on any portion of the Lake or the Property, except by specific written permission of the City or the Project Supervisor. b. No person, firm or corporation shall engage in any business or commercial operation on any portion of ttle Lake or the Property, except by specific written permission of ttle City. c. Exhibitions, public demonstrations, water shows, boat races or any other activity shall be performed on the Lake or on the Property only by specific written permission of the City. 15. ABANDONED PROPERTY a. The Project Supervisor may seize any watercraft, private facility, commercial facility, water diversion facility or other such personal property located on the Lake or on the Property which is unauthorized, or which is abandoned, or which is left unattended without conforming witt! Authority regulations for mooring or anchoring, or witt! respect to which any fee or charge imposed by the City or the Authority is not paid when due. b. Anything thus seized may be removed from the Lake and/or the Property without liability to the Authority or anyone acting on its behalf. Same may be sold at public or private sale, before or after removal, upon such terms and conditions as the City or Project Supervisor shall deem to be desirable. The proceeds of any such sale shall be applied to cover ttle expenses of sale, arrearages in fees and charges due and costs and expenses of seizing and removing things sold. Any balance remaining after paying these expenses, costs and charges shall be held for the benefit of the owner of ttle seized property. Any such sale shall pass to the purchaser good title to the item seized. 7 contractual arrangements with the City. Detailed information may be obtained from the office of ltle City's Director of Water Utilities. c. other Facilities or Structures Other structures such as casting targets. slalom courses, ski jumps, etc., shall not be erected on the Lake except by written permission of the Project Supervisor. 6. SCUBA DIVING a. Scuba diving Is allowed in the Lake only in areas within 150 feet of a shoreline, except for emergency rescue or salvage operations or for special events for which exceptions may be granted by the City or the Authority. Scuba diving in other areas is prohibited. b. Each diver shall be accompanied by at least one other person. c. A warning flag or sign indicating "diver down• shall be displayed on the surface of the water on a buoy or boat in the immediate area where scuba diving Is in progress. The sign must be visible from a distance of 100 feet. Waming flags and signs shall be removed as soon as all divers return to the boat or shore. d. A "diver down• flag shall be red with a diagonal white stripe and shall be at least 16 inches square or, if larger, may be rectangularly shaped. e. Scuba diving shall not be conducted in areas that will block or Interfere with normal boat traffic. 7. DISORDERLY CONDUCT a. No person shall cause, contribute to or be directly responsible for any disruptive, destructive or violent behavior that endangers the health, safety or lives of persons or animals or damages property on the Lake or on the Property. b. Any chHd under 16 years of age shall be accompanied by a parent, legal guardian or an adult having custody of such child white on the Property: and ltle custodial adult shall be solely responsible for ltle conduct of the child. c. Public nudity or disrobing is prohibited on the Lake and on the Property. 8. PROHIBITED ACTS AND ACTIVITIES All persons shall fully comply with the following regulations while on the Lake or on the Property: a. The off-road operation of vehicles on the Property is prohibited, except as may be specifically authorized by the City or the Project Supervisor. b .. The use of all-terrain vehicles, dirt bikes, mountain bicycles or similar vehicles on the Property is prohibited. c. All pets on the Property shall be restrained on a leash at al times, except for hunting dogs during a permitted public hunt. d. Firewood shall not be gathered on the Property. e. The discharge of fireworks or detonation of explosives on the lake or on the Property is prohibited. f. · Any device constrocled and operated to launch projectiles is prohibited on the Lake and on the Property. 4 g. No person shall take, remove, collect, destroy, tamper with, disturb, pull up, tear up, dig up, cut, mutilate, break or bum any tree, shrub, grass, wildflower, cactus or other plant, or portions of plants, on ltle Property. h. No person shall take, remove, destroy, tamper with, dig, excavate or disturb any rock, soil, gem, mineral, fossil or any geological deposit on the Property. i. No person shall damage, deface, alter, tamper with or disturb any improvements on the Property, including fences, signs, equipment of any kind, windmills, buildings or structures of any kind. j. No person shall alter, take, destroy, disturb, tamper with or excavate any archaeological site or historical landmark. All American Indian or aboriginal paintings, hieroglyphics, markings or carvings are protected by law. k. Diving or jumping into the waters of the Lake from a height of 15 feet or more is prohibited. Rappelling on the Property or above the waters of the Lake is also prohibited. I. Water shall not be pumped or diverted from the Lake except as specifically permitted in writing by the City. m. No glass containers of any kind shall be brought upon the Lake or onto the Property. 9. SANITATION a. Sanitation conditions and fadlities used on the Lake and the '-" Property shall be maintained in compliance with standards set by all applicable laws, rules, regulations and orders of any Federal, State or local governmental agency or other regulatory agency having jurisdiction. b. It shall be unlawful to dispose of garbage, trash, beverage containers, sewage or other types of waste in the Lake. c. No wastewater, sewage or effluent from sinks, toilets or other plumbing fixtures shall be discharged upon or under the surface of ltle ground or into any stock tank, storage tank or other water holding fadlity, except as may be permitted under Subsection 9.a., above. d. It is unlawful to litter or to dump, bury or otherwise dispose of trash or garbage on the Property. Normally, trash receptacles will not be furnished, and all persons shall be solely responsible for gathering and removing from the Property all trash or garbage that they generate. 10. FIREARMS AND HUNTING a. Hunting and the discharging of firearms on the Lake and on the Property are strictly prohibited, except as may be authorized under Subsection 10.b .. below. b. At specified times, the hunti~ of designated spedes of game may be allowed by the City on the Wildlife Habitat Area. Each hunter shall obtain a hunting permit issued by the City and shall fully comply with all terms and oonditions of such permit. Except for the permitted public hunting described above, no person shall harm, disturb, harass, trap, confine. catch, possess or remove any wildlife, or portions of wildlife, from the Property. . 16. OFFICIALS OF THE AUTHORITY The General Manager, the Project Supervisor and the Lake Rangers mentioned in these regulations are officials of the Authority. 17. PENALTY A person who violates or fails to comply with any provision of these regulations is guilty of a misdemeanor. Upon conviction, the violator Is subject to punishment by a fine of not more than $200. 18. NOTICE TO APPEAR a. An enforcement officer who arrests a person for a violation of these regulations may deliver to the alleged violator a written notice to appear within 15 days after the date of the violation, before the Justice of the Peace court having jurisdiction of the offense. b. The person arrested shall sign the notice to appear, promising to make an appearance in accordance with the requirements set forth in the notice. After signing the notice, the person may be released. Failure to appear before the court in the county having jurisdiction constitutes a violation of these regulations. A warrant for the arrest of the person failing to appear may be issued. 19. LEGAL PROOF In any prosecution for violation of these regulations, it shall not be necessary for the State to prove that the installation of any sign, buoy or marker was authorized. Any person charged with a violation of these regulations may prove, as a defense, that installation of any sign. buoy or marker was not authorized. 20. VALIDITY If any part of these regulations should be found invalid or unconstitutional, the validity of the remainder hereof shall not be impaired. Lake Alan Henry Project Office (806) 629-4430 In case of emergency call Garza County Sheriffs Office (806) 495-3595 Adopted April1997 by the Board of Directors Brazos River Authority REGULATIONS FOR GOVERNANCE OF LAKE ALAN HENRY 1. APPLICABILITY These regulations supplement the Water Safety Act (Chapter 31, Texas Parks & Wildlife Code). They apply to Lake Alan Henry (the Lake), in Garza and Kent Counties, Texas; to John T. Montford Dam; to all property located adjacent to the Lake that is owned by the City of Lubbock (City). a municipal corporation of Lubbock County, Texas, and that is under the control of Brazos River Authority (Authority), a river authority of the State of Texas, and to all property situated within the boundaries of the Wildlife Habitat Area that is owned by the City and controlled by the Authority (the Property); and to persons and property on the Lake and on the City's lands that are controlled by the Authority. 2. AUTHORITY These regulations are adopted and promulgated under authority vested in the Board of Directors of the Authority by the taws of Texas. They shall become effective upon completion of publication as required by law and upon filing with the Texas Parks & Wildlife Commission. 3. PRIOR REGULATIONS All regulations for the governance of Lake Alan Henry and vicinity adopted by the Board of Directors of the Authority prior to adoption of these regulations are repealed as of the time these regulations become effective. 4. WATERCRAFT The term "watercraft" applies to all types of boats, vessels, personal watercraft, barges and similar Hoaling craft Watercraft may be maintained and operated on the Lake under the following conditions: a. Water Safety Act Watercraft on the Lake shall be equipped and operated in accordance with the provisions of the Water Safety Act and all applicable provisions of the United States Coast Guard Inland Rules, including all future amendments thereto. b. Authority Operating Regulations In addition to the operating regulations prescribed in the Water Safety Act and the USCG Inland Rules, the following regulations shall be effective on the Lake: (1) Watercraft operating within 100 feet of any boathouse, dock or other lakeshore facility, an occupied anchored boat or an area in which people are swimming or diving shall be operated at a slow, no wake speed (a headway speed that does not create a swell or wake). (2) Lights on or in use in any watercraft shall not be used In a manner which would Impair the vision of an operator of another boat, provided .however that the display of lights required by the Water Safety Act on boats subject to the Act and in the manner provided therein shall not constitute a violation of this section. (3) Watercraft shall not operate within the designated restricted areas upstream or downstream of the John T. Montford Dam. (4) Motorboats or other motor-powered watercraft operating on the waters of the lake must have an exhaust water manifold or a factory-type muffler installed on the engine, and the engine must be capable of being operated so as not to exceed the noise level standard of 66 dBa at any speed measured at 50 or more feet from the engine. Motor~ powered watercraft shall not be operated on the waters of the Lake in such a manner as to cause this noise level standard to be exceeded. Exceptions may be granted for boating events conducted under permits issued by the City and administered by the Authority. (5) No watercraft shall be left unatlended on the Lake other than at an approved mooring or berthing site, except in an emergency; any watercraft left so unattended shall be securely moored or anchored and suitably flagged and lighted so as not to create a hazard. (6) The operator of any watercraft involved in an accident shall report the accident to a Lake Ranger or other representative of the Authority as soon as possible. (7) No motor-powered watercraft or sailboat shall be operated within 100 feet of a "diver down" flag (see Subsection 6.c., below). (8) The Authority's General Manager is authorized to designate areas or zones in which the operation of watercraft shall be prohibited or in which the speed or watercraft shall be restricted. Such zones shall be marked by buoys or signs stating the prohibition or restriction. No watercraft shall be operated within a prohibited zone. Watercraft operating in any restricted zone shall be operated in a manner that fully complies with the posted restriction. This section shall not apply to patrol or rescue watercraft. · (9) Each watercraft In excess of 10 feet in length, except sailboats less than 16 feet in length, operating on the waters of the Lake shall be equipped with a throwable flotation device (ring buoy or throwable cushion) and one boat paddle. c. Water-skiing (1) The Authority's General Manager is authorized to designate areas in which water-skiing shall be prohibited for purposes of safety. Such areas shall be marked with signs or buoys that clearly indicate that water-skiing in the area is prohibited. No person shall water-ski in any area thus marked. (2) All persons participating in water-skiing, aquaplaning. tubing, windsaiting, surfboarding, wind surfing, parasailing and other similar activities shall wear a U.S. Coast Guard approved Personal Flotation Device. 2 d. Mooring or Berthing on the Lake Watercraft may be anchored, moored or berthed on the Lake only as follows: (1) Occupied watercraft, while in use for water recreation activities, may be moored temporarily for short periods of time In locations on the Lake which will not interfere unduly with recreational use of the Lake by others. (2) Unoccupied watercraft may be anchored, moored or berthed only In private or commercial facilities or areas of the Lake maintained in accordance with permits or contracts issued by the City and administered by the Authority. e. Watercraft Sanitation All watercraft shall be equipped with appropriate facilities for storage of refuse, Including garbage, rubbish and litter, and watercraft with overnight accommodations shall also be equipped with adequate facilities for the safe and sanitary handling of sewage in accordance with all applicable laws, rules, regulations and orders of any Federal, State or local governmental agency or other regulatory agency having jurisdiction. 5. FACILITIES ON THE LAKE The following provisions apply to facilities other than watercraft maintained on the Lake: a. Facilities for Private Use Facilities for private use may be placed and maintained In or on the Lake under the following conditions: (1) Facilities for private use may be installed and maintained in or on the Lake only as specifiCally permitted in writing by the City. (2) A permit shall be obtained from the office of the City's Director of Water Utilities, P. 0. Box 2000, lubbock, Texas 79457, prior to construction of any structure or facility to be maintained on or in the Lake. Applications for permits shall be made on forms provided by the City. The water level in the Lake will not be constant, and this fact should be taken into consideration by all applicants for permits. The water level will vary, depending on the amount of water used from the lake, evaporation rates, amounts of rainfall and runoff in the watershed upstream and other factors. In any year, the water level in the lake may drop substantially below the full Lake level. (3) Identification furnished by the City must be posted conspicuously on all permitted facilities. (4) Facilities must be so located and maintained as not to obstrud access to the Lake from adjoining properties. (5) Light reHedors must be installed on both sides of all facilities at no greater than 20-foot intervals, as required by the City. b. Facilities for Commercial Use · Facilities for commercial operations in support of public recreational use of the Lake may be placed and maintained in or on the lake and on the Property only under specific 3 . ' . . THESTATEOFTEXAS § COUNTY OF MCLENNAN § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Mike Bukala, who being on oath duly sworn, stated: ul am an Assistant Secretary of Brazos River Authority. At a meeting of the Board of Directors of Brazos River Authority duly called and held on the 28th day of April, 1997, the following resolution was adopted: 'BE IT RESOLVED by the Board of Directors of the Brazos River Authority that the REGULATIONS FOR GOVERNANCE OF LAKE ALAN HENRY be, and they are hereby, amended in the form attached hereto as Exhibit, and that the amended regulations be, and they are hereby, adopted by the Board of Directors of Brazos River Authority.' A copy of the Regulations referred to in the above resolution is attached as Exhibit "U", and the said resolution has never been revoked." ~remry SUBSCRIBED AND SWORN TO BEFORE ME, by MIKE BUKALA, on this the 4th day of January, 1999. ·THESTATEOFTEXAS § COUNTY OF MCLENNAN § otary Public in and for the State of Texas .. This instrument was acknowledged before me on the 4th day of January, 1999, by MIKE BUKALA, and in the capacity therein stated. ......................... 9 ........... , : .. ~;tV~ RICHARD KUSLER : ~-:::£,:~ Notary Public 5 Q;. FJS(_ ::i STATE OF TEXAS :(~ ••. ;:·'.J:/ My Commission 5 ··':!f.t.cr!$~· Expires 1212112001• •••••v••••~•••••~•••~·~••w~·•••••••••' N~~ State of Texas ... .. ,. ' '. REGULATIONS FOR GOVERNANCE . OF LAKE ALAN HENRY;: . . I. AI'I"LICADILITY.: .: r.1.; : :.: These rcgul~tions supplement :-the Water Safcl)l Act (Ch~ptcr ll, T(!x~ P:uks . .t .Wildlife. Code). :They ~pply to l~ke AI~ Henry (lhe lakc);Jn Garz.a.and Kent Counties, TelCas; to John T. Montford O~m: 10 all propeny localcd adj:u:ent to the Lake'.th:ll is owned .l!y: the City of Lubbock (City), a munieipal·corporation or-· Lubbock County, Texas, and thllt is under the control of Or.u.os River Authority (Authorily}. 11 river authority or the State: of Texas, ~nd to all propcny situated within the bound:uics ofthe Wildlire H~bitat Area that is owned by the City and controlled by the Authority (the l"ropcny); ·:-~nd to peNOnt and property on the Lnke ~nd on the City's l~nds th:at are controlled by the Authority. 2. A UTIIORITY Thnc regul:nions arc adopted :1nd promulgated under ~uthoril)' vested in the Doard or Oirecrors of the Authority by the 1:1\V$ or Texas. 11tey shall become drccti\'e upon completion or publie::~tion as required by llw lnd upon riling with the Te.us Parks .t Wildlife commission. l. I"RIOR REGULATIONS ~6.!.! regulations for lhe governance of lake Alan Henry and vicinity have hee11 adopted by the Do:ard or Directors of the Authority prior to adopdon of these rc gubtions are rcpc:~lcd as or the time these regulntions become efTcc:dve. 4. WATERCRAFT The term •w:~tercran· applies to all types or boats, vessels, person~l \V::IIcrcrart, barges :~nd similar no;lting eran. Watcrcran may be maint:~ined and operated on the lake under the following conditions: Note: Deleted items nrc lined !!trough lind added iltms nrc double undc:rlinc:tl. i . : WatcrcrnO.on.rbc lake shall be equipped and operated in nccordnncc ,with the provisions of the Water Safety Act ':ind all· applicable provisions or lhe United. States Co:ast·:,.Ouard;!l:lnland Rules, including all lbture nmend'mcnts·~~~i~;!: w:: · \~'.;. -·._ .· ~H .. it\~;A ~~-;:~·j~l· :.; .. :: " ·- b. ,Aulll~ri,ty Opernhng Regulations .. ··.'i. CJ''N ril'·~~\ : (; ·. · · .. ., :JC In addition to. the ·operating regulations prescribed In the ··Wnter Srifct)'. Aetand the USCG lnl:.nd Rules, the following regulations shall be elrcclivc on·the L;al:e: ... · • (I) Watei'Cran operating within JOQ rcer.or :my boathouse. :.cfoet or !)thcr l:~keshore facility.-. an occupied ancllored boat or an atc11 In which people are swimming or diving shall be operated at a ~low, no wnkc speed (11 hend\YIIY speed that docs not create a swell or \Yill:c). (2) Lights on or in use in any Wlltcrcrafl shall not be used in a manner whieh would impair the vision or nn opemtor or another boat, provided however tbnt the display or lights required by the Water Snfcty Act on boats subject to the Act and in the m:~nncr provided therein shall not constitute a violnliori or this section. (3) Wntercmn shall not opemre within the designated l'l:strictcd are~ upstrctlm or downsttcDm or the John T. Montford Dam. (4) Motorboats or other motor-powered watcrcmn opemtlng on the \Yntcts ·or the L.'lkc must hnvc an ClCh~ust \'IIIIer mnnifold or ll flletOI)'•I)'pe muffier installed on the engine. and the tngine must be c:~pablc.o(bclng opemtcd sons not to exceed the noise level standard or 86 dOll 111 any speed mwurcd 111 SO or more feet from the engine. Motor-powered watcrcmn shnll not be opcmted on the wnters or the Lake In Strch n manner as to cause this noise lcvcf st~ntlnrd to be e.tceedcd. lttecpdont mny be granted ror boating events conducted under permits issued by the City nnd adminiSicrcd by the Authority. (S) No watercraft shall be len un~ltended on the lake other than at nn approved moorin& or berthing site, except in 11n c:mergtncy; any waten:tafl left so un~ttendcd shall be securely moored or anchored and suitably n~ggcd and lighted so as not to· create a hnz.nrd. (6) The operator or any \Yillerc:ran involved in an neeidcnl shall report the accident to a Lake Rnngcr or olher reprcsenlolivc of the Authority as soon ns possible. ·:-"' .. -. ·· :; : m!: .(7) N.o. motor-powered: \y&tereraft ot sailbOlll ; sha'l ,bf; opcratel$,,\o)thln·-I.QO.fctt or~:diycr down~ Oag (see Subsection 6.e., below) • ... . ·.· .· ·: (8) The Authority's General Manager )S .. authoriUd,,\0 d~SiJI\IItC .IIIW, or. !~n~S }11 ~.w~je~.:IJ; .' ~pcf11do"· ~r, \'\'lte~ra~ sbJll: ~ ·P~.~ibi!ed~orjn .':th~ :: lh~ s~ ofJY!II~ft ~h~l}. be·rcstri\t~p. ·SuehZOI"fEE shall be marted by bu~ys or signs stating ttl) ~.prph~bi!lon ; or· restriction. · · No wtlercran shall kJ ;·opcrat~ :within :a ·.prohibited .zone; ~~ •• Watcrcran , opcrati~t in anr,'restcicted,zon~.sball be. op(ratcd.in a 'manner :that fully :compile~ with th~ posted restriclion. :This· 'S«tion.·~sh:~ll·:not. apply;, to·\patrol· .or, .:reicuc \Yillen:tan. . . . , , . (9). • Each \Yiltereral\in c:~eess o( I 0 (eel in ·:.ltn&th. .exeept snilbo~ts lest than ,1 6 :f«t in ltnath, opcnlllnJ on the \Yilters cr the Lake .rliall be equipped with a thro\Yilblc notation . device · (ring buoy or !hrowable cushion) and one bo~t paddle. c. Water-skiing (I) The Authority's General M:~nager is authoritcd 10 desl:nate areas In \vhieh wl!teMkiing shall be prohtbiled (or purposes or safety. Such arcllbl shall be marked with sl1ns or buoys th:.t dcarl)4'll. indicate that Wlltcr·skiingln the area Is prohibited. No-...1 · person thAII \Yiltcr·sl:i In any area thus marked. . (2) All persons ptnlelpatlna in \~ttr•s1:iing, aquaplaning. tubing. winds:alllng, NrlboardinJ, wind surfing. panmilint and other similar activities shall \veslt 11 U.S. Co:ast Guard approved Person~! Ftcit:ttiM Device. d; MoorinJ: or Btrthln& on lhe Lake \Vntettraft may be nnehorcd, moored or b<nhtd on the ute Only at roiJO\ft: (I) Occupied \Wtercran, whilt in use ror \Wier rcc:mttion netividcs, may be moored lcmf10rarily for shon periods or time in IOC:Idons on chc l.ul:c which win not intcrf'ere 11nduly with rcc:rdtlonal u" or the lake by others. (2) Unoccupied witercran m:ay be ru~chortd, moo~ or berthed only in priYilte or commcrci:tl (aCJ11tlcs or lltc11S or the Lake maintained in ii«<rdanee with permits or conll'llcts Issued by the City and administered by the Authoril)l. c. WaCtrcraft Sanitation All Mtcrcran shall be equipped wilh appropriate (ncililies tor storage or n:ruse, including garbnge, Nbbish and litter, and! \v:tlctcraR · wirh overnight m~oinmodations shall :llso be equipped with ndcqulltc facilities for the nfc :md nni1:11y h:andling of SC:\v:tgc in :~c:eotdanec: with all applicable laws, rules, rcgulalions and orders or nny F.edcral, Stale or local governmental agency · or · other regul:llocy agency having jurisdiction. 5. FACILITIES ON THE I..AKE The following provisions apply to facilities other thnn waterenft mnintaincd on the Lake:: .. ' a. F:~cilitlu ror Priv:~t~ Use F:~eilides for private use may be pl~e~d nnd maintnincd in or on the L:~ke under the following conditions: (I) F:.eililies for private use may be installed and maint.:1incd in or on the Lnke only ns speeilic::~lly permiued in writin& by the Cily. (2) A permit shall be obtained from the office or the Ciry's Ditcc:tor of Wnter Utilities, P. 0. Oo:c 2000, Lubbock, Tc:<IIS 79457, prior to constNction or any structure or facility to be m:~int:~ined on or in the Lake. Applications for permits shall be made on forms provided by the Ciry. The water level in the Lnkc will not be const.:1n1, and this r~ct should be t:lkcn into consideration by :~II Dppliccnts (or permits. The W:ttC:t level will V:ll)', dep<:nding on the ~mount or W:llcr used from the: L:~ke, 'evapor:llion r:liCS, ~mounts o( minMI and runoff in the \YIIIershed upstrc:~m and other f:~ctors. In :~ny year, the wnter levd in the L:~l:c: m:~y drop substanti:~lly below the full lake lev(!. (3) ldcntilic:~tion furnished by llu: City must be flO$tcd conspicuously on all rc:nnitted fncilities. (4) racilitic:s must be so located and m:~int:~incd as not to obstruct :~cccss to the Lake from adjoining properties. (.S) Light rc:ncctors must be Installed on both sides of all facilities a.l no greater than 20-foot intcmls, as requited by the Ciry. b. Fuilitirs for Commerci!!l Un F~eilitics for commercial opcnlions in support or public rcerc:11ional usc or the Lnkc may be placed and m3int:~incd in or on the Lake Md on the Property only under specilie contractu:'ll lli'I'Ungemcnts with the City. Detailed information mny be obtained from the office or·· "'ity's Director or Water Utilities. ·.· .t .. e •. OUter Fncllitles or Structures.: .,. , · . . . ·~ :J:.:,··,'.:~ \\I • il Other struerun:s such as ensting targets, slalom courses, . ski jumps, ~tc;, sh~III}O,I b~. etcetcd on the Lake. ~xecpl by writl~n permission.ofthe ~Project Supervisor, 6. SCUDA DrYI~G. · a. . Scubn diying. is -~~~~\~c·J in the Lake only fn ~ within ISO .feet of. a .shotcllnc:, except for emergency rescue or snlvnge operations or for spccial-cvents ror which c:xc:cptions ·may be gnnled b'y the City or the Authority; Scuba diving In other areat is prohibited, . -~ . ,i b. F.aeh diver shall• be nc:compMicd by at least one other rerson.· · ~ · .. · · e. A warning nag or sign indicating •diver down• shall be displnycd on the surface of the water on a buoy or boat In the immcdicte nren where scuba diving It In progress. 11te sign must be visible frttm a distance or 100 feet, Wnming nags and signs shall be removed as soon ns nil divers return to the boat or shore. d. A "diver down" nng shall be red with II diagonal while stripe and shall be 111 least 16 inches square or, If larger, mny be rectangularly shaped. e. Scubll diving shnll not be eonduclcd in nrens thnl will block or intet'fcrc with normal bo:\ltramc:. 7. DISORDERLY CONDUCT :1. No person shnll cnusc, contribute to or be directly responsible for any disruptive, destructive or violent bchnvinr that endangers the henllh, safety or lives or pemns or animnl:r or dnmngc:s property on the Lnkc or on the l'ropcl1y. b. Any child under 16 ycnrs or 11ge shall be nccomranied by a parent. legnl guardian or an adull having cttstody or such child while on the Propcrty; lind the custodial ndult shall be solely responsible (or the conduct of the child. c. Public nudity or disrobing is prohibited on lhe Lake and on the: Property. 8. PROIIIDITED ACTS AND ACTIVITIES All persons shall runy C"-"IY with the rollowing rc:cul:llions while on the ln lhe Property: •,-, .... .. .... . ~~ . a. :the ~tr~ad operation of vehicles on the Propcny is prohibited, except as m:ay be spcdlically authorized by . · th~ City or the Project,Supcrvlsor • ···r' · .... · ·:··,·.,:.:> >''''' ('1\ :·; · 0 ,. b, ·:The. usc o(all·terrain-.vchi~les, dirt bi~es, mountDir:J;\ ·,biey'cles ~r similar.: ~chicles: em tl'ic Propel'!)' ii\i prohibited. · ~ . !. ~ • .;:rcr: . , :. (X) . -. . (0 c. AU pet~ on the Property shall; be restrained on N ':leash at.all .times,~c:ceeptJ'or:ohunting.,dogs during a 'permitted publie hunt.·.:· ••:: ): p.; woo~q :·. :. . d. Firewood sh:~ll not be gathered on the Propel'!)'. e. The discharge of fireworks or deton:uion or explosives on the Lake or on the Property is prohibited. t Any device constructed and operated to l:lunch projectiles is prohibited on the Lake and on 1hc Property. g. No pmon shall take, remove,· collect, destroy, tllmpct' with, disturb, pull up, tear up, di& up, cue. mutnate, break or bum 11ny ltce, shrub, grass.c.n wildflower, cactus or other pl:tnl. or ponlons of plants.~ on the Properry. . · CO h. No person shnll take, remove, destroy, tamper with,· dig, exeavnte or disturb any rock, soil, gem, minml, fossil or nny geological deposit on the Propcny. I. No person shall damage, deface, alter, tamper with or disturb lilly improvements on the Property, including fences. sfgns. equipment or llny kind, windmills, buildings or Slt\lctUtcS or nny kind. j. No person shall alter, toke, destroy, disturb, tamp(r - with Ot CXCIVllle any archaeological Site Or hisloric~J tandmart. All American lndillll or aboriginnl paintings, hieroglyphics, matkfngs or cDrtin&s are protected by law. k. Diving or jumping into tile warers or the Lnkt from a hei&ht or IS feet or more Is prohibited. Rappelling on the Property or 11bove the waters of the Lake is also prohibit~. I. Water shall not be pumped or diverted from the Lake cxeept as sopeclncally pcnnlned In writln~ by the Clcy. m. No 9. SANITATION ~. Sanit~tion conditions ~nd r:~cililies used on the L:~ke and the Property shall be m~intnincd In compliance with st:~ndards set by :~II :~pplh:ablc laws, . rules, · regul~tions and orders or any Fcdcl'lll, State or local governmental agency or other rcgufatory agency havingjurisdietion. ; :"~~ .. ·!{ b. It shall be unl~wrut to dispose ·or gnrbage;tl'llsh, beverage: containers, sewage or other,.types or·waste in · the Lake. c. No wastc:w~ter, sewage or effiuenrtrom sinks, toilets or other plumbing rhctures shall be diseh:~rged upon or under the: surr~r:c: or the ground or into any stor:!c tnnk, stol':lge tank or other w:ucr holdins (:acility, c:ccc:pt as m~y be: permitted under Subsection 9.n., nbove. d. It is unl~wrut to Iiiier or to dump, bury or otherwise dispose or lt:ISh or garbage: on the: Propc:ny. Nonnolly, tt:ISh rc:cc:pt~cles will not be: (urnlshcd, and all persons shall be: solely responsible (or pthering :md removing (rom the Propeny :~II truh or garbage that they genemte. 10. F'IR£ARMS AND HUNTING a. Hunting :~nd the: discharsing or lire:~mlS on the: Lake ~nd on the Propeny are strictly prohibited, c:<cc:pt liS m~y be authorized under Subsection IO.b., below. b. At specified times, the hunting of dcsign:11cd species or g~mc: may be: :lllowc:d by the: City on the Wildli(c H~bit~l Arc:~. E:~ch hunter sh~ll obtain 11 hunting permit issued by the City :~nd shall fully eom(IIY with :Ill terms ~nd conditions or such penni!. Except for the: permiued public: hunting described above, no person sh~ll harm, disturb, hai"::Ss, ll':lp, c:onlinc, c:ntc:b, possc:.ss or remove :IllY wildlire, or ponions or wildlife, (rom the Propcny. II. PUBLIC RECREATIONAL AREA In ~ddition to the: other reguhuions, nil users or the: Samuel W. Wahl Recreational Aren shnll:also comply with the: (ollowing regul:~tions: n. All users or tile rccrcntion:d ore:~ shall p:~rk only in designnted mas. b. No ·pcr,son shalt enter 11 posted area or violate :my ported rcgtilatlons pfttninlng tO II restricted OreL e. Users shnll be liable for any d:~mogcs caused by carelessness, with fires. CamP. lites are allowed OJ'IY If nrc pits-.arc properly, constructed In .run eompll:mce with the posted Instructions and all such nmp lires arc properly extinguished J,cforc being len una II ended, ·:·.·,,, ~~· :tf:.".J;,f~('~(!t f\!. ::(':I ,· "" , d. The·operntiorrorelectrieitY·produelng generators In the recreational ftrea shnll be in a manner thnt does not disturb .others using the area. e. No lirc:trms shall· be disch:~rgcd on or across the recrcntional area. 12. WILDLIFE HABITAT AREA In nddition to the other rcgul:ttions, the following regul:ltions apply only to the Wildlife Habitat Arct (WHA): n. 11tc undeveloped \YHA is open during specified hours on designated days ror day-usc activities, ineluding hiking. nature obscmtion, bird·watchlng, photogrnphy, hunting by permit, etc.: ond nil ovcrnlghi c::~mping or ovc:mlght parking is prohibited. During :til)' pc:rmin.:d l1i1nting period, nil other d:ty•use :.ctivitic:$m:.y 1~~: suspend.:d tor sa(cty purpases. b. f!:tth vbitor to the WI·IA shnll till out :an ac=ccss penni! loc:~rcd nt the sclr·rc:gistmtion center ot the WHA entrance. A tully completed and signed permit sh~JI be carried bY. eneh visitor at all times while on the area, or such visitor will be considered a trcsp:uscr. c. No person shall enter upon the WHA when it is clos(d or remain on the :~ren ancr closing time. d. Motorcyclc:s, motorscooters or similar vc:hleles arc prohibited on the WHA. e. Vehicles shall be plltkcd immediately adjacent to ond parallel with the roads in the \VHA and shall not leave the desfgnatfd ro1dway, r. The consumption or tkoholie bc:vcmges on thi:> WHA is rtrlctly prohibitfd, ~ i\i t. ~le glm GBftfBilltl'!l er ~ hind thall In bf8Ygho:> &!Ita fhe Wtl.'u CD ..... hg. No person shall enter upon MY designated· fo.od pfot Or tree planting lltell$ or MY pO.Steil· 11e:1 ion the \VHA. ih. All·lishlng in surr:~ce Willer Impoundments on the \VHA fs prohibited. jj. Horsebock riding rot pleliSUre on the WHA is prohibittd. kJ. Ncitl11:r the Authority nor the City sh~ll bt responsible (or loss or d11mage to ~ny personal belongings, hunting equipment, vehicles. pets or other ,items that arc len or ab:mdoned on the WHA. 13. I'ROHIBJTED AND REGULA TED AREAS A. The Authority*s General Manager is authorized to designate arcts on the Lake Md on the Property from which the public sh:~IJ be e.xcluded tor s:~tccy reasons. • Such artlls shall be marked by signs or buoys th~t clearly IndiCAte thllt the public Is c:tclvded (rom th~ areas. No person shall go into any such prohibited area without the specific pc:nninion or an authorized rc:prcsent:~tive of the Authority. b. The Authnrity's Cenernl M:~n:~gc:r is :~uthorizc:d 111 dcsi~;n:uc areas on the: rropcny whcrcin the speed nr motor vehicles opernrcd in sueh arc::as sh:sll be restricted ror purposes or r.~rcty. Such III'C~S sh:tll be marl:cd with signs on which the m1:dmum speeds :~t which motor vehicles may be operated shall be posted. No motor vehicle shall be opel'llt~d in any such 11tc:1 at a ~ in excess of the speed thus posted. .. 14. ADV£RTISINC, COMMERCIAL ACTIVITIES AND EX~IDITIONS a. Priv~te nolices, :&dvertiscments :&nd signs are prohibited on any portion o( the Lnke or the Property, except by specific wrinen permission of the City Of the Projcet Supervisor. b, 'No person, firm Of corpo~tion shall cng:tge in any business or.commcrci:~l ope~tion on any portion or the L~c or ihc P.ropeny, c:cc:e'pt . by specific writien permission o(the City. c. Exhibitions, public demonstr:&tions, w:&ter shows, bolt r:&ees or any other activity sh:IIJ be performed on the L:ll:e or on the Pro perry only by, specilic wriuen permission of the City. IS. ADANDON£0 PROPERTY ~. The Project Supervisor m:&y seize any watcrcrnn, priv:1te facility, commercial (:~cility, water diversion f~ciliry or other such person:&! property loc:atc:d on the L~l:c or on the Property which is un:authorized, or which is :&bandoned, or which is len un:~llcnded wi1hou1 conrorming with Authority rcgul:&tions (or mooring or anchoring, or with respect to which any fcc or ch:~tge imposed by the City or the Authority is not p~id when due. b. Anything thus seized may be removed from the L~c and/or the Property without liability to the Authority or anyone acting on its beh:~lr. Same may be sold 3t public or priv:~te s:ale, before or :aRcr removal, up,on such terms :~nd conditions as the City or Project Supervisor shall deem to be desi~ble. The proceeds o( lilY such S3le shall be applied to cover the expenses or ulc, ~rrc:~r.~gcs in fees and charges due and costs nnd expenses o( seizing and removing things sold. Arty bllanee rcm:~ining aRer pa.ying these cxpenscf, costs llld ch~rges sh:lll be held for the bene lit or the owner of the seized properry. Any such s:~lc sh:~ll pass to the purchaser good title to the item seized. !6. OrFlClAL.S OF TH£ AUTHORITY The Gener:&l M:anager, lhe Project Supervisor nnd the l.:ll:e· R!\ngcrs mentioned in these n:gul:~tions are offiei3ls of !he Authority. 17~, PE,NAJ..'f,Y li,H'<' " .·.·:: 'l\,•,,(\,'. ' ' . ·. A person who vlol:~tes or fallf to comply with any provision or . these . regula dons . Is . guilty or a misdcmca~pr: Up~.n.Mn,vl~ii~~· :·.~c vl~I:Uor is. subje~l IO punishment by :t'finc of not more lhlln '$200. . 18. NOTICETOX~'rEAn ' .. ' • •• t ., •• :-• -. ; •. '. l ::~ t . ·.. . . ·r :n~;:-·~····,!.<·:o..~.e-. ~ .. -···~-· :·\; a •. A.n e.n(or~~!"S~l,~{li~er_w~~.nrte;ts,n person.fo~~ violntion of these regul:~lipns may dehver lo the alleged viol:ator a wrluen notice io :lppC:lr \vilft.in I 5 d:~ys aner the d:~tc or the violation, berore the Justice of the Peace court h:~ving jurisdiction or the olTcnse. b •. TI1e person arrcsled shall sign the notice to appear, promising 10 mnke an :1ppc::~~nce in aceord:~ncc with the requirements set (onh in lhe notice. Aner signing the notice, the person m:~y be rclC:lscd. Failure to appear before the court in the eounty having jurisdiction constitutes II violation O( thc~e regulations. A warrnnt (or the arrest o( the person (ailing to appear n;t:I.Y be issued, 19. LECAL PROOF In nny prosecution for viol:llion or these regulations, it sh:1ll not be neeess:~ry for the Sl:~te to prove th:11 the lnftall:~tlon or any ·sign, buoy or marker was authorized. Any pe~on charged with II violllllon of these regulations may prove, as: 11 defense. th:~t inslallalion or any $ign, buoy or m11rl:er was nol authorized. 20. VALIDITY I (any p:1r1 of these regulations should be found inv:~lid · or unconstitutional, the validity or the rem:aindcr hcreor shall not be imp:1ircd. Lnl:e Al:an Henry Project Office (806)629-4430 In emergency call G:~rza Co. Shcricrs Offiee (806)495· 3595 Adopted Oo!rApril 1994'1 by Do:~rd or Directors, Brazos River Aii'ii\Oriry - ...... . .. · ...... ·: "'{ ·c.n CJ'1 0 .. 1-4-3::J i l ti: 11 ; BRAZO~ ~I \Iff( AU'll1 ... IV~ • ·-!! ~ Brazos River Authority Ms. Diane I.ocknane City of J .. ubbock P. 0. Box 2000 Lubbock, Texas794S7 Dear Ms. Locknane: ' QUALITY • CONSERVATION • SERVICE January 4, 1999 Re: Regulatiom for Governance of Lake Alan Henry Pursuant to yuur request, enclosed is a Certified Copy of the resolution that covers the adoption by the Board of Directors of the Brazos River Authority of its current Regulations for Governance of Lake Alan Henry. Please contact me if you have any que~ons regarding this matter. RK:rh ""'-'r"_,...,........_ ...... cc: Mr. Joe Smith Sincerely. __z___. k~~~;.::,.<--._ RICHARD KUSLER Property Administrator i140(J CoiJbi~Drlvc •1'.0. BIJx 7555 • Waco. Tex.as 7fii1·1·7rm5 254· 776·1411 •I'M 2:H ·772-~71:111 !-4-W i li:Pl2 ; BRAZOS RIVER AU'Il't. ... ~ ' ., .THE STATE OF TEXAS § C01l'NTY OF MCLENNAN § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texus. on this day personally app::ared Mike Bukala. who being on oath duly sworn, stated: "J am an Assistant Secretory of Rra:zos River Authority. At a meeting of the Board of Directors of Brazos River Authority d\dy <":allcd and held on the 28111 day of April, 1997. the following ~solution was adopted: 'BH IT RE.~OL VED by the Board of Directors of the Brazos River Authority that the REGULATIONS FOR GOVERNANCE OF LAKJ:: ALAN HENRY be. and they are hereby, amended in the: form attached hereto as Exhibit. and that the amended regulations be, and they are hereby, adopted by the Board ofDirecton of Brazos River Authority.' A copy of the Regulations referred to in the above ~solution is attachtd as Exhibit .. U", and the said re:;olution bas never been ~voked." ~Wcy SUBSCRIBED AND SWORN TO BEFORE ME, by MIKE BlJKALA, on this the 4t~ day of January, 1999 • ......................... ~ .......... ~ ! ~~· RICHARD KUSLER~ =ei)·.:.A:.:.· Not•rv Public : :.~)o STATE OF TEXAS I ,__:. . · .. My Comm1stloft f • ·~~ E~eplres 121211200t. s ••••••••••••••••••••• ,~···-.-~······' THE STA'fE OF TEXAS § COUI'I'TY OF MCLENNAN § otary Public in and for the State of Texas This instrument was acknowledged before me on the 4th day of January. t 999, by MIKE BUKAJ..A, and in the capacity therein stated. r··-;·;; .... RicHARo·;tusteril : ;l:~*· · · ·. Notary PubUc: !•t::'y::t STATE OF TEXAS ; \~.;.; ~:;} Mr Commlulon : ~~~1_9 Expires 12121/2001! ··········~········~·····~···········' Notary Public in an Stale ofTexas . 16. OFFICIALS OF THE AUTHORITY The General Manager, the Project SupeJVisor and the Lake Rangers mentioned In these regulations are officials of the Authority. 17. PENALTY A person who violates or fails to comply with any provision of these regulations Is guilty of a misdemeanor. Upon conviction, the violator is subject to punishment by a fine of not more than $200. 18. NOTICE TO APPEAR a. An enforcement officer who arrests a person for a violation of these regulations may deliver to the alleged violator a written notice to appear within 15 days after the date of the violation, before the Justice of the Peace court having jurisdiction of the offense. b. The person arrested shall sign the notice to appear, promising to make an appearance In accordance with the requirements set forth in the notice. After signing the notice, the person may be released. Failure to appear before the court in the county having jurisdiction constitutes a violation of these regulations. A warrant for the arrest of the person failing to appear may be Issued. 19. LEGAL PROOF In any prosecution for violation of these regulations, it shall not be necessary for the State to prove that the installation of any sign, buoy or marker was authorized. Any person charged with a violation of these regulations may prove, as a defense, that installation of any sign, buoy or marker was not authorized. 20. VALIDITY If any part of these regulations should be found invalid or unconstitutional, the validity of the remainder hereof shall not be impaired. Lake Alan Henry Project Office (606) 629-4430 In case of emergency call Garza County Sheriff's Office (806) 495-3595 Adopted April 1997 by the Board of Directors Brazos River Authority . .. REGULATIONS FOR GOVERNANCE OF LAKE ALAN HENRY 1. APPLICABILITY These regulations supplement the Water Safety Act (Chapter 31, Texas Parks & Wildlife Code). They apply to lake Alan Henry (the Lake), in Garza and Kent Counties, Texas; to John T. Montford Dam; to all property located adjacent to the Lake that is owned by the City of Lubbock (City), a municipal corporation of Lubbock County, Texas. and that is under the control of Brazos River Authority (Authority), a river authority of the State of Texas. and to all property situated within the boundaries of the Wildlife Habitat Area that is owned by the City and controlled by the Authority (the Property); and to persons and property on the Lake and on the City's lands that are controlled by the Authority. 2. AUTHORITY These regulations are adopted and promulgated under authority vested in the Board of Directors of the Authority by the laws of Texas. They shall become effective upon completion of publication as required by law and upon filing with the Texas Parks & Wildlife Commission. 3. PRIOR REGULATIONS All regulations for the governance of lake Alan Henry and vicinity adopted by the Board of Directors of the Authority prior to adoption of these regulations are repealed as of the time these regulations become effective. 4. WATERCRAFT The term "watercraft" applies to all types of boats, vessels. personal watercraft, barges and similar floating craft. Watercraft may be maintained and operated on the Lake under the following conditions: a. Water Safety Act Watercraft on the Lake shall be equipped and operated in accordance with the provisions of the Water Safety Act and all applicable provisions of the United States Coast Guard Inland Rules, induding all future amendments thereto. b. Authority Operating Regulations In addition to the operating regulations prescribed in the Water Safety Act and the USCG Inland Rules. the following regulations shall be effective on the Lake: (1) Watercraft operating within 100 feet of any boathouse, dock or other lakeshore facility. an occupied anchored boat or an area in which people are swimming or diving shall be operated at a slow, no wake speed (a headway speed that does not create a swell or wake). (2) Lights on or in use in any watercraft shall not be used in a manner which would impair the vision of an operator of another boat, provided however that the display of lights required by the Water Safety Act on boats subject to the Act and in the manner provided therein shall not constitute a violation of this section. (3) Watercraft shall not operate within the designated restricted areas upstream or downstream of the John T. Montford Dam. (4) Motorboats or other motor-powered watercraft operating on the waters of the Lake must have an exhaust water manifold or a factory-type muffler installed on the engine, and the engine must be capable of being operated so as ~not to exceed the noise level standard of 86 dBa at any speed measured at 50 or more feet from the engine. Motor- POWered watercraft shall not be operated on the waters of the Lake in such a manner as to cause this noise level standard to 'be exceeded. Exceptions may be granted for boating events ~conducted under permits issued by the City and administered by the Authority. (5) No watercraft shall be left unattended on the Lake other than at an approved mooring or berthing site, except . in an emergency; any watercraft left so unattended shall be securely moored or anchored and suitably flagged and lighted so as not to create a hazard. (6) The operator of any watercraft involved in an accident shall report the accident to a Lake Ranger or other representative of the Authority as soon as possible. (7) No motor-pawered watercraft or sailboat shall be. operated within 100 feet of a "diver down" flag (see Subsection 6.c., below). (8) The Authotity's General Manager is authotized to designate areas or zones in which the operation of watercraft shall be prohibited or in which the speed of waterCraft shall be restricted. Such zones shall be marked by buoys or signs stating the prohibition or restriction. No watercraft shall be operated within a prohibited zone. Watercraft operating in any restricted zone shall be operated in a manner that fully complies with the posted restriction. This section shall not apply to patrol or rescue watercraft. (9) Each watercraft in excess of 10 feet in length, except sailboats less than 16 feet in length, operating on the waters of the lake shall be equipped with a throwable flotation device (ring buoy or throwable cushion) and one boat paddle. c. Water-skiing (1) The Authority's General Manager is authorized to designate areas in which water-skiing shall be prohibited for purposes of safety. Such areas shall be marked with signs or buoys that clearly indicate that water-skiing in the area is prohibited. No person shall water-ski in any area thus marked. (2) All persons participating in water-skiing, aquaplaning, tubing, windsailing, surfboarding. wind surfing, parasailing and other similar activities shaH wear a U.S. Coast Guard approved Personal Flotation Device. 2 d. Mooring or Berthing on the Lake Watercraft may be anchored, moored or berthed on the Lake only as follows: (1) Occupied watercraft, while In use for water recreation activities, may be moored temporarily for short petiods of time in locations on the Lake which will not Interfere unduly with recreational use of the Lake by others. (2) Unoccupied watercraft may be anchored, moored or berthed only in ptivate or commercial facilities or areas of the Lake maintained in accordance with permits or contracts issued by the City and administered by the Authotity. e. Watercraft Sanitation All watercraft shall be equipped with approptiate facilities for storage of refuse, including garbage, rubbish and litter, and watercraft with overnight accommodations shall also be equipped with adequate facilities for the safe and sanitary handling of sewage in accordance with all applicable laws, rules, regulations and orders of any Federal, State or local governmental agency or other regulatory agency haYing jutisdiction. 5. FACILITIES ON THE lAKE The following provisions apply to facilities other than watercraft maintained on the Lake: a. Facilities for Private Use Facilities for ptivate use may be placed and maintained in or on the Lake under the following conditions: (1) Facilities for private use may be installed and maintained in or on the Lake only as specifically permitted in writing by the City. (2) A permit shall be obtained from the offtee of the City's Director of Water Utilities, P. 0. Box 2000, Lubbock, Texas 79457, ptior to construction of any structure or facility to be maintained on or in the Lake. Applications for permits shall be made on forms provided by the City. The water level in the Lake will not be constant, and this fact should be taken into consideration by all applicants for permits. The water level will vary, depending on the amount of water used from the Lake. evaporation rates, amounts of rainfall and runoff in the watershed upstream and other factors. In any year, the water level in the Lake may drop substantially below the run Lake level. (3) Identification furnished by the City must be posted conspicuously on all permitted facilities. (4) Facilities must be so located and maintained as not to obstruct access to the Lake from adjoining properties. (5) Light reflectors must be installed on both sides of all facilities at no greater than 20-foot intervals. as required by the City. b. Facilities for Commercial Use · Facilities for commercial operations in support of public recreational use of the Lake may be placed and maintained in or on the Lake and on the Property only under specific 3 contractual arrangements with the City. Detailed lnfonnation may be obtained from the office of the City's Director of Water utilities. c. Other Facilities or Structures Other structures such as casting targets, slalom courses, ski jumps, etc., shall not be erected on the Lake except by written permission of the Project Supervisor. 6. SCUBA DIVING a. Scuba diving is allowed in the Lake only in areas within 150 feet of a shoreline, except for emergency rescue or salvage operations or for special events for which exceptions may be granted by the City or the Authority. Scuba diving in other areas is prohibited. b. Each diver shall be accompanied by at least one other person. c. A warning flag or sign indicating "diver down" shall be displayed on the surface of the water on a buoy or boat In the immediate area where scuba diving is in progress. The sign must be visible from a distance of 100 feet Warning flags and signs shall be removed as soon as all divers return to the boat or shore. d. A "diver down• flag shall be red with a diagonal white stripe and shall be at least 16 inches square or, if larger, may be rectangularly shaped. e. Scuba diving shall not be conducted in areas that will block or interfere with nonnal boat traffic. 7. DISORDERLYCONDUCT a. No person shall cause. contribute to or be directly responsible for any disruptive, destructive or violent behavior that endangers the health, safety or lives of persons or animals or damages property on the Lake or on the Property. b. Any child under 16 years of age shall be accompanied by a parent, legal guardian or an adult having custody of such child while on the Property; and the custodial adult shall be solely responsible for the conduct of the child. c. Public nudity or disrobing is prohibited on the Lake and on the Property. 8. PROHIBITED ACTS AND ACTIVITIES All persons shall fully comply with the following regulations while on the Lake or on the Property: a. The off-road operation of vehicles on the Property is prohibited, except as may be specifically authorized by the City or the Project Supervisor. b .. The use of all-terrain vehicles, dirt bikes, mountain bicydes or similar vehides on the Property is prohibited. c. All pets on the Property shall be restrained on a leash at an times. except for hunting dogs during a permitted public hunt. d. Firewood shall not be gathered on the Property. e. The discharge of fireworks or detonation of explosives on the Lake or on the Property is prohibited. f. · Any device constructed and operated to launch projectiles is prohibited on the Lake and on the Property. 4 g. No person shall take, remove, collect, destroy, tamper with, disturb, pull up, tear up, dig up. cut, mutilate, break or bum any tree, shrub, grass. wildflower, cactus or other ptant, or portions of plants, on the Property. h. No person shall take, remove, destroy, tamper with, dig, excavate or disturb any rock, soli, gem, mineral, fosSil or any geological deposit on the Property. I. No person shall damage, deface, alter, tamper with or disturb any improvements on the Property, induding fences, signs. equipment of any kind, windmills, buildings or structures of any kind. j. No person shall alter, take, destroy, disturb, tamper with or excavate any archaeological site or historical landmark. All American Indian or aboriginal paintings, hieroglyphics, markings or carvings are protected by law. k. Diving or jumping into the waters of the Lake from a height of 15 feet or more is prohibited. Rappelling on the Property or above the waters of the Lake is also prohibited. I. Water shall not be pumped or diverted from the Lake except as specifically permitted in writing by the City. m. No glass containers of any kind shall be brought upon the Lake or onto the Property. 9. SANITATION a. Sanitation conditions and facilities used on the Lake and the Property shall be maintained in compliance with standards set by all applicable laws, rules, regulations and orders of any Federal, State or local governmental agency or other regulatory agency having jurisdiction. b. It shall be unlawful to dispose of garbage, trash, beverage containers, sewage or other types of waste in the Lake. c. No wastewater, sewage or effluent from sinks, toilets or other plumbing fixtures shall be discharged upon or under the surface of the ground or into any stoek tank, storage tank or other water holding facility, except as may be permitted under Subsection 9.a., above. d. It Is unlawful to litter or to dump, bury or otherwise dispose of trash or garbage on the Property. Normally, trash receptacles will not be furnished, and all persons shall be solely responsible for gathering and removing from the Property all trash or garbage that they generate. 10. FIREARMS AND HUNTING a. Hunting and the discharging of firearms on the Lake and on the Property are strictly prohibited, except as may be authorized under Subsection 10.b., below. b. At specified times, the huntir~ of designated species of game may be allowed by the City on the Wildlife Habitat Area. Each hunter shall obtain a hunting permit issued by the City and shall fully comply with all terms and conditions of such permit. Except for the permitted public hunting described above, no person shall harm, disturb. harass. trap, confine. catch, possess or remove any wildlife. or portions of wildlife, from the Property. 5 11. PUBLIC RECREATIONAL AREA In addition to the other regulations, all users of the Samuel W. Wahl Recreational Area shall also comply with the following regulations: a. All users of the recreational area shan park only in designated areas. b. No person shall enter a posted area or violate any posted regulations pertaining to a restricted area. c. Users shall be liable for any damages caused by carelessness with fires. camp fires are allowed only if fire pits are proper1y constructed in full compliance with the posted instructions and aD such camp fires are proper1y extinguished before being left unattended. d. The operation of electricity-producing generators in the recreational area shall be in a manner that does not distulb others using the area. e. No firearms shall be discharged on or across the recreational area. f. All users shall obtain all required permits, including, but not limited to, entrance permits. camping permits and boat launching permits. Such permits shall be canied or displayed in the manner shown thereon. 12. WILDLIFE HABITAT AREA In addition to the other regulations. the following regulations apply only to the Wildlife Habitat Area (WHA): a. The undeveloped WHA is open during specified hours on designated days for day-use activities, including hiking, nature observation, bird-watching, photography, hunting by permit, etc.; and all overnight camping or overnight parking is prohibited. During any permitted hunting period. all other day- use activities may be suspended for safety purposes. b. Each visitor to the WHA shall fill out an access permit located at the self-registration center at the WHA entrance. A fully completed and signed permit shall be carried by each visitor at all times while on the area, or such visitor will be considered a trespasser. c. No person shall enter upon the WHA when it is dosed or remain on the area after closing time. d. Motorcycles, motorscooters or similar vehicles are prohibited on the WHA. e. Vehicles shall be parked immediately adjacent to and parallel with the roads in the WHA and shall not leave the designated roadway. f. The consumption of alcoholic beverages on the WHA is strictly prohibited. g. No person shall enter Clpon any designated food plot or tree planting areas or any posted area on the WHA. h. All fishing in surface water impoundments on the WHA is prohibited. i. Horseback riding for pleasure on the WHA is prohibited. j. Neither the Authority nor the City shall be responsible for loss or damage to any personal belongings, hunting equipment, vehicles, pets or other items that are left or abandoned on the WHA. 6 13. PROHIBITED AND REGULATED AREAS a. The Authority's General Manager is authorized to designate areas on the lake and on the Property from which the public shall be excluded for safety reasons. Such areas shall be marked by signs or buoys that dearly indicate that the public is excluded from the areas. No person shal• go into any such prohibited area without the specific permission of an authorized representative of the Authority. b. The Authority's General Manager is authorized to designate areas on the Property wherein the speed of motor vehicles operated in such areas shall be restricted for purposes of safety. Such areas shall be marked with signs on which the maximum speeds at which motor vehicles may be operated shall be posted. No motor vehicle shall be operated in any such area at a speed in excess of the speed thus posted. c. The City requires a permit for access to the Lake and/or to the Property and for specified activities thereon. Entering such areas or engaging in such activities in such areas without a required permit or violation of the terms of any such permit shall constiMe a violation of these requlations. 14. ADVERTISING, COMMERCIAL ACTIVITIES AND EXHIBITIONS a. Private notices. advertisements and signs are prohibited on any portion of the lake or the Property, except by specific written permission of the City or the Project Supervisor. b. No person, firm or corporation shall engage in any business or commercial operation on any portion of the Lake or the Property, except by specific written permission of the City. c. Exhibitions, public demonstrations, water shows, boat races or any other activity shall be performed on the Lake or on the Property only by specific written permission of the City. 15. ABANDONED PROPERTY a. The Project Supervisor may seize any watercraft, private facility, commercial facility, water diversion facility or other such personal property located on the Lake or on the Property which is unauthorized, or which is abandoned, or which is left unattended without conforming with Authority regulations for mooring or anchoring, or with respect to which any fee or charge imposed by the City or the Authority is not paid when due. b. Anything thus seized may be removed from the lake and/or the Property without liability to the Authority or anyone acting on its behalf. Same may be sold at public or private sale, before or after removal, upon such terms and conditions as the City or Project Supervisor shall deem to be desirable. . The proceeds of any such sale shall be applied to cover the expenses of sale, arrearages in fees and charges due and costs and eXPenses of seizing and removing things sold. Any balance remaining after paying these expenses. costs and charges shall be held for the benefit of the owner of the seized property. Any such sale shall pass to the purchaser good title to the item seized. 7 THE STATE OF TEXAS COUNTY OF LUBBOCK Before me Phi1lip Hernandez a Notary Public in and for Lubl personally appeared Deanna Gray. Telephone Sales Manager pers Corporation, publishers of the Lubbock Avalanche-Journal -Morning, and~ sworn did depose and say that said newspaper has been published continuously for : or to the first insertion of this I .egaJ NntireL. 'fA! =:!;: _____________ _...,o.jtul.·· S <_f~t~& ed copy of th · · s a true Avalanche-Journal on the following dates:__."-'~~u::...c~'---'"'!F'-''-="-~.-----.~~~...t- ~Manager LUBBOCK AVALANCHE-JOURNAL Morris Communication Corporation ~-~~ NdrARYPUICinan My Commission Expire~ .-~~~~~---~~~::~~ lit R £e~~PeDw1rn to before me thi;:,..S --,-~o'.~o~:4V __ ,day of__,_..L..II!:Jt....III!.'UZ-)l-- FEB 15 1999 \ \ PHIUJPH[ Notary Public, ~ u., Commist . ... , 12.()4../ SECONI) READING ORDINANCE WI TN PENALTY OROINANC:I! NO. 101$4 . day AN ORDINANCE OF THE CITY 3pa- OF LIJ&BOCK RELATING, TO fu} THE I!STABLISHMENT OF A Y PROCEDURE FOR GRANTING • OF FltANCHISES FOR CABLE l)fl- SYSTEMS AND THE REGULA· TION OF SUCH SYSTEMS AND -- AMENDING THE LUBBOCK • t CODE OF ORDINANCES; PRO· tn • VI DING A REPEAL PROVISION; Ck PROVID lNG A $A VI NGS CLAUSE; PROVIDING A PENAL· TY; AND PROVIDING FOR PUB· LICATION.. . SECTION 38. PENALTY THAT VIOLATION OF THIS OR· DINANCE SHALL BE DEEMED A MISDEMEANOR PUNISHABLE AS PROVIDED IN SECTION l-4 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK. . ORDINANCE NO. 10132 AN ORDINANCE AMENDING · CI'IAPTER 19 OF THE CODE OF ORDINANCES OF THE CITY OF ~U&BOCK,PARKS.RECREA· TION AND RELATED MATTERS, ARTICLE 1, IN GENERAL, BY ADDING SECTIONS: 19·5, ADOPTING RULES AND REGU· LATIONS OF THE BRAZOS JUV· ER AUTHORITY FOR THE POLICING OF LAKE ALAN HEN· RY ;19-6, ESTABLISHING A PEN· ALTY FOR VIOLATION OF REG· ULATIONS; AND 19-7, PROVID- ING FOR THE FILING OF COM- PLAINTS IN MUNICIPAL COURT FOR VIOLATION OF REGULA· TIONS. SECTION 19·d PENALTY FOR VIOLATION OF REGULATIONS, LAKE ALAN HENRY. A PERSON WHO VIOLATES OR F'!UI..S TO COMPLY WI'Ol ANY I-----REGULATION Of' THE REGULA· TIONS FOR THE GOVERNANCE OF LAKE ALAN HENRY, ADOPTED BY THE BRAZOS RIV· ER AUTHORITY, AS AMENDED, IS GUILTY OF A MISDEMEAN· OR UPON CONVICTION, THE VIOLATOR IS SUBJECT TO PUN· · ISHMENT BY A FINE OF NOT MORE THII.N $200.00.