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HomeMy WebLinkAboutOrdinance - 2008-O0070 - Amending Chpt 19: Lake Alan Henry; Penalty For Violation Of Regulations - 07/22/2008First Reading July 22, 2008 Item No. 6.3 ORDINANCE NO. 2008-oo070 Second Reading July 8, 2009 Item No. 5.19 AN ORDINANCE AMENDING CHAPTER 19 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO ADOPTION OF REGULATIONS FOR LAKE ALAN HENRY; PENALTY FOR VIOLATION OF REGULATIONS, LAKE ALAN HENRY; FlUNG COMPLAINTS FOR VIOLATION OF REGULATIONS, LAKE ALAN HENRY; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. WHEREAS, the City Council of the City of Lubbock, Texas deems it in the best interest of the health, safety, and welfare of the citizens of Lubbock to make the following amendments to Chapter 19 of the Code of Ordinances with regard to adoption of regulations for Lake Alan Henry; penalty for violation of regulations, Lake Alan Henry; filing complaints for violation of regulations, Lake Alan Henry; and providing a penalty; NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT Section 19-5 of the Code of Ordinances of the City of Lubbock, Texas, is hereby amended to read as follows: Sec. 19-5. Regulations for Governance of Lake Alan Henry adopted. The 2008 Regulations for Governance of Lake Alan Henry are specifically adopted to replace the previous Regulations for the Governance of Lake Alan Henry, as adopted by the Brazos River Authority, and a copy is attached to the Ordinance from which this section is derived and incorporated herein by reference as though set out completely in detail. A copy of the 2008 Regulations for Governance of Lake Alan Henry shall be filed with the City Secretary and a copy maintained in the office of the City of Lubbock Police Department; all such copies to be opened to public inspection during business hours of the offices where they are maintained. SECTION 2. THAT Section 19-6 of the Code of Ordinances of the City of Lubbock, Texas, is hereby amended to read as follows: Sec. 19·6. Penalty for Violation of Regulations, Lake Alan Henry. A Person who violates or fails to comply with any regulation of the 2008 Regulations for Governance of Lake Alan Henry, as amended, is guilty of a misdemeanor and upon conviction, shall be fined in accordance with the City of Lubbock's Code of Ordinances. Section 3. THAT Section 19-7 of the Code of Ordinances of the City of Lubbock, Texas, is hereby amended to read as follows: Sec. 19-7. Filing Complaints for Violation of Regulations> Lake Alan Henry. A citation or complaint for a violation of any regulation of the 2008 Regulations for Governance of Lake Alan Henry, as amended, may be filed in the Municipal Court for the City of Lubbock. Section 4. THAT violation of any provision of this ordinance shall be deemed a isdemeanor punishable as provided by Section 1-4 of the Code of Ordinances of the 'City of Lubbock, Texas. SECTION 5. THAT should any paragraph, section, clause, phrase or word ofthis rdinance be declared unconstitutional or invalid for any reason, the remainder of the rdinance shall not be affected thereby. SECTION 6. THAT the City Secretary of the City of Lubbock, Texas, is hereby uthorized and directed to cause publication of the descriptive caption of this Ordinance s an alternative means of publication provided by law. SECTION 7. THAT THIS ordinance take effect immediately. AND IT IS SO ORDERED. Passed by the City Council on first reading this 22nd day of July assed by the City Council on second reading this 8th. day of July PPROVED AS TO CONTENT: Lake Alan Henry Regs 2008.0RD .9.09 TOM MARTIN, MAYOR '2008. '2009. Ordinance Ho. 2008-o0070 2008 REGULATIONS FOR GOVERNANCE OF LAKE ALAN HENRY l. APPLICABILITY These regulations supplement the Water Safety Act (Chapter 31, Texas Parks & Wildlife Code), and 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, Texas, including, without limitation, all property situated within the boundaries of the Wildlife Mitigation Area that is owned by the City (collectively, the "Property"), and to all real property encumbered by easements on or above the Lake owned or in favor of the City, excluding the real property encumbered by easements on or above the Lake owned or in favor of the City owned by those persons or parties, and their successors and assigns, that have joined in that certain Compromise Settlement Agreement (the "Settlement Agreement"), in Cause No. 07-03-06178, styled Templeton Mortgage Corporation, Plaintiff v. City of Lubbock, Deftndant and North Ridge Homeowners Association, Inc. et al., Intervenor, or Cause No. 07-05-06194, styled North Ridge Homeowners Association, Inc. et al. v. City of Lubbock, Texas, l 06th District Court of Garza County, Texas (the "Subject Action''), Resolution No. 2008-RO 161, on or before the effective date of this Ordinance No. 2008-0003 8 by executing either (i) the Settlement Agreement; or (ii) an Acceptance of Comprehensive Settlement Agreement (CSA) With City of Lubbock, Texas and Acknowledgment of Becoming a Party to CSA (the "Easements") and to persons and property on the Lake and on the City's lands or lakes that are controlled by the City. 2. AUTHORITY These regulations are adopted and promulgated under authority vested in the City Council by the laws of Texas, including, without limitation, Chapter 341 of the Texas Local Government Code. They shall become effective upon completion of publication as required by law and upon filing with the Texas Parks & Wildlife Commission. 3. HOURS OF OPERATION The City Manager or his or her designee shall establish the hours that the Property, or any part thereof, is open to the public. In cases of emergency, including, but not limited to, hazardous weather, the City's Chief of Police, or his or her designee, may close the Property to the public and order any person then on the premises to immediately vacate the Property. 4. WATERCRAFT The term "watercraft" applies to all types of boats, vessels, personal watercraft, and similar floating craft used or capable of being used for transportation on water. The term "watercraft" does not include crafts primarily used as boat docks, barges, anchored recreational floatation crafts, or facilities as that term is defined in Section 5.A., below. 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 provision of the Water Safety Act and all applicable provisions of the United States Coast Guard ("USCG") Inland Rules, including all future amendments thereto. b. 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 of any kind, 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 reasonably be expected to 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 or locate within the designated restricted areas as designated by the City Manager, or his or her designee, in writing, upstream or downstream of the John T. Montford Darn. (4) The term "motorboat" shall mean any watercraft propelled or designed to be propelled by machinery, whether or not the machinery is permanently or temporarily affixed or is the principal source of propulsion. Motorboats operating on the waters of the Lake must have an exhaust water manifold or a factory-type muffler installed on the engine. Exceptions may be granted for boating events conducted under permits issued by the City Manager or his or her designee. (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. For purposes of this section, an emergency is any situation that is reasonably a danger to the health, safety and welfare of any person or property. Said watercraft may only be unattended while such emergency still exists. If a watercraft must be unattended overnight due to such emergences, then lake law enforcement and/or lake personnel must be notified immediately. 2 (6) The operator of any watercraft involved in an accident shall report any accident involving damage to property owned by a third party or the City or injury to a person to a law enforcement authority as soon as possible. (7) No motorboats or sailboat shall be operated within 1 00 feet of a "diver down" flag (see Subsection 6.c., below). (8) The City Manager or his or her designee is authorized 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 or located 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) Watercrafts 16 feet and longer, excluding canoes and kayaks, are required to be equipped with one Type IV throwable Personal Floatation Devices (PFD's) in addition to the Type I, II, III, or V PFD required for each person on board and one boat paddle. Inflatable PFD' s are authorized only when used in accordance with requirements as presented on U.S. Coast guard approval labels. Inflatable PFD' s are not approved for use on personal watercraft, water skiing, or other high speed activity. (10) All PFD's must be U.S. Coast Guard approved, in serviceable condition, readily accessible, and of the appropriate size for intended user. All children under 13 years of age in watercrafts under 26 feet in length must wear a U.S. Coast Guard approved PFD while underway. Underway means not at anchor, made fast to the shore, or aground. All watercrafts, including canoes and kayaks, must be equipped with one Type I, II, III, or V wearable PFD for each person on board. A Type V PFD is acceptable only if used in accordance with the specific instructions on the label of the device. ( 11) It shall be unlawful for any person to operate or locate a watercraft on the Lake or Property who does not possess a valid permit for said watercraft issued to him or her by the City Manager or his or her designee. Only persons who comply with the provisions of this Section 4. shall be entitled to receive and retain such a permit. c. Water-skiing ( 1) The City Manager or his or her designee is authorized to designate areas in which water-skiing, aquaplaning, tubing, wind sailing, surfboarding, wind surfing, parasailing or other similar activities shall be prohibited. Such 3 areas shall be marked with signs or buoys that clearly indicate that water- skiing, aquaplaning, tubing, wind sailing, surfboarding, wind surfing, parasailing or other similar activities in the area are prohibited. No person shall water-ski, aquaplane, tube, wind sail, surfboard, wind surf, parasail or other similar activities in any area thus marked. (2) All persons participating in water-skiing, aquaplaning, tubing, wind sailing, surfboarding, wind surfing, parasailing or other similar activities shall wear a U.S. Coast guard approved PFD. 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 and/or create a safety hazard. (2) Unoccupied watercraft may be anchored, moored or berthed only in boat dock facilities approved by the City. Boat dock facilities owned by parties other than the City are prohibited by Section 5 .A. below. (3) The tenn "occupied'' shall mean that the owner or operator of the watercraft is on board or within sight or hearing of the watercraft or recreational floating device. 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. A. FACILITIES ON THE LAKE AND PROPERTY The following provisions apply to facilities located or maintained on the Lake or Property and owned by those persons or parties, and their successors and assigns, that have not joined in that certain Compromise Settlement Agreement (the "Settlement Agreement"), in Cause No. 07-03-06178, styled Templeton Mortgage Corporation, Plaintiffv. City of Lubbock, Defendant and North Ridge Homeowners Association, Inc. eta/., Intervenor, or Cause No. 07-05-06194, styled North Ridge Homeowners Association, Inc. eta/. v. City of Lubbock, Texas, 106th District Court of Garza County, Texas (the "Subject Action"), Resolution No. 2008-RO 161, on or before the effective date of this Ordinance No. 2008- 4 00038 by executing either (i) the Settlement Agreement; or (ii) an Acceptance of Comprehensive Settlement Agreement (CSA) With City of Lubbock, Texas and Acknowledgment of Becoming a Party to CSA: a. The term "facilities," as used in this Section 5.A., shall mean anything constructed or erected, of any kind or type, which requires location on the ground or Lake or is attached to something having a location on the surface or on the Lake, including, but not limited to, all buildings, structures of all types, foundations, lumber, concrete, steel or any other building method of any type or kind, advertising signs and billboards, barges, anchored recreational floatation crafts and boat docks. b. Except as otherwise provided herein, .all privately owned facilities are prohibited from being located, placed or maintained on the Lake or the Property. c. Facilities for commercial operations in support of public recreational use of the Lake may be placed and maintained in or on the Lake or on the Property only under specific contractual arrangements with the City, the discretion to allow such use resting solely with the City. B. FACILITIES ON THE EASEMENTS The following apply to structures or facilities located or maintained on the Easements and owned by those persons or parties, and their successors and assigns, that have not joined in that certain Compromise Settlement Agreement (the "Settlement Agreement") , in Cause No. 07-03-06178, styled Templeton Mortgage Corporation, Plaintiff v. City of Lubbock, Deftndant and North Ridge Homeowners Association, Inc. et al., Intervenor, or Cause No. 07-05-06194, styled North Ridge Homeowners Association, Inc. et at. v. City of Lubbock, Texas, l06th District Court of Garza County, Texas (the "Subject Action"), Resolution No. 2008-ROI61, on or before the effective date of this Ordinance No. 2008- 00038 by executing either (i) the Settlement Agreement; or (ii) an Acceptance of Comprehensive Settlement Agreement (CSA) With City of Lubbock, Texas and Acknowledgment of Becoming a Party to CSA: 1. The term ''structures" or "facilities" as used in this 5.B., shall be defined as set forth in that Memorandum of Agreement by and between the City of Lubbock, Texas and Mr. And Mrs. Billy Wayne Williams, et al., dated April 3, 1986 (the "Agreement"). A copy of the Agreement shall be filed with the City Secretary and shall be available for public inspection during the business hours of the City Secretary's Office. 2. Except as otherwise provided, structures or facilities are prohibited from being located placed, or maintained on the Easements. 5 C. ALL OTHER FACILITIES Any and all facilities not otherwise described in Sections 5. A. and 5. B. shall be governed by the provisions of Ordinance Number 2008-00038, as amended. 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. Scuba diving in all 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 rectangular shaped. e. Scuba diving shall not be conducted in areas that will block or interfere with normal boat traffic. 7. PERMITS All persons shall secure from the City Manager or his or her designee and maintain all required permits for activities on the Property and the Lake. It shall be unlawful for any person conducting activities on the Lake or Property requiring a valid permit(s) to not have such permit(s) in possession of and readily accessible by said person. Only persons who comply with all the provisions of this Ordinance shall be entitled to receive and retain such a permit. Such required permits shall include: Daily Entrance Permit Daily Boat Permit Daily Camping Permit Individual Annual Permit Family Armual Permit Boat Annual Permit Boat Slip Rental Permit Hunting Permits which shall include the following types of game: Mourning Dove Deer Archery 6 Deer Rifle Quail Feral Hog Spring Turkey 8. PROHIBITED ACTS AND ACTIVITIES All persons shall fully comply with the following regulations while on the Lake or on the Property: a. No glass beverage containers of any kind shall be possessed, brought upon, thrown onto, broken or disposed of in or on the Lake or on the Property. b. The making, broadcasting, emitting or generating of any unreasonable sounds at or near any camping or picnic site or a leased lot is strictly prohibited, and such sounds or noise include, but are not limited to, those which emanate from voices, the playing of radios, recorders, television sets or musical instruments and the operation of mechanical or electronic equipment. c. The off-road operation of vehicles on the Property is prohibited, except as may be specifically authorized by the City Manager, or his or her designee, in writing. d. The use of all-terrain vehicles, dirt bikes, mountain bicycles or similar vehicles on the Property is prohibited, except as used by the City and its law enforcement. e. No vicious or dangerous animals shall be allowed in or on City public use areas of the Property. f. All pets or domesticated animals within the Property shall be restrained on leashes that do not exceed ten feet in length, at all times when they are not satisfactorily confined, except for hunting dogs during a permitted public hunt. The owner or person in control of such pet or domesticated animal shall clean or remove any waste created or deposited by the pet or domesticated animal. g. No pets or domesticated animals, except guide or law enforcement dogs, shall enter into a public building owned or operated by the City, and no such pets or animals shall enter into the waters of a designated swimming area in the Lake or onto the adjoining beachside land of the City. h. No livestock shall be permitted in or on City public use areas, unless specifically permitted by the City Manager or his or her designee in writing. i. Firewood shall not be gathered, cut or collected on the Property. 7 j. The discharge of fireworks or detonation of explosives on the Lake or on the Property is prohibited. k. The unlicensed possession of fireanns, or any device constructed and/or operated to launch projectiles, is prohibited on the Lake and on the Property, except as (i) permitted in Section IO(b) of this Ordinance; and (ii) those persons carrying a concealed handgun who are properly licensed under the authority of Subchapter H, Chapter 411, of the Texas Government Code, to the extent said person is in compliance with all laws and regulations related to the carrying of the concealed handgun. I. Swimming is prohibited within 100 feet of all public loading or other boat docks, boat ramps or fishing piers that are owned or operated by the City. m. Fishing is prohibited if so designated by the appropriate signs from all public loading or other boat docks that are operated by the City. n. 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 prohibited. o. Diving or jumping into the waters of the Lake from a public highway or roadway bridge, a railroad bridge or a utility tower is prohibited. p. Salvaging of materials or objects from trash receptacles that are situated on the Property is prohibited. q. No person shall damage, deface, alter, tamper with or disturb any improvements on the Property, including fences, signs, and equipment of any kind, windmills, buildings or structures of any kind. r. No person shall take, remove, collect, destroy, tamper with, disturb, pull up, tear up, dig up, cut, mutilate, break or burn any tree, shrub, grass, wildflower, cactus or other plant, or portions of plants, on the Property. s. 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. t. 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 state law. u. Water shall not be pumped or diverted from the Lake except as specifically permitted in writing by the City in the form of a valid and enforceable contract or lease. 8 v. No dredging, filling or otherwise altering or reconfiguring the beds or shoreline of the Lake and no excavating, filling or reshaping of City lands shall be performed. w. A guardian or responsible party over the age of eighteen ( 18) of any child under the age of thirteen (13) shall not permit such child to swim in the Lake without such child properly wearing a U.S. Coast Guard approved Personal Floatation Device. x. No person shall release any fish, unless caught from the waters of the Lake, or plants into the waters of the Lake, except as authorized by the City Manager, or his or her, designee in writing. y. No person shall feed or offer food to any wildlife or exotic wildlife, or leave food unsecured in a manner that makes the food available to wildlife or exotic wildlife, unless specifically authorized by the City Manager, or his or her designee, in writing. z. No person shall use trotlines, drop lines or any other type of unattended fishing devices on the Lake, except in compliance with State laws and Texas Parks and Wildlife regulations. aa. Any child under 16 years of age shall be accompanied by a parent, legal guardian or an adult over the age of eighteen years having custody of such child while on the Lake or the Property; and the custodial adult shall be solely responsible for the conduct of the child. bb. Public nudity or disrobing is prohibited on the Lake and on 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 govenunental 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 plwnbing systems or fixtures shall be discharged upon or under the surface of the ground or into any stock tank, storage tank or other water holding facility, except as may be permitted under Subsection 9.a., above. 9 d. It is unlawful to litter or to dwnp, bury or otherwise dispose of trash or garbage on the Property. All persons shall be solely responsible for gathering and removing from the Property all trash or garbage that they generate unless such trash or garbage is properly disposed of in a designated trash receptacle. 10. FIREARMS AND HUNTING a. Hunting and the discharging of firearms on or across the Lake and on the Property are strictly prohibited, except as may be authorized under Subsection 1 O.b., below. b. At specified times, the hunting of designated species of game may be allowed by the City on the Wildlife Mitigation Area of the Property. Each hunter shall obtain a hunting permit issued by the City and shall fully comply with all terms and conditions of such permit and state and federal law. 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. 11. PUBLIC RECREATIONAL AREA In addition to the other regulations, all users of the Samuel W. Wahl Recreational Area (the .. Recreational Area") shall also comply with the following regulations: a. All users of the Recreational Area shall park only in designated areas. At those times wherein the capacity of the designated areas is full, users of the Recreational Area shall park in areas and in a manner so as not to interfere with traffic, ingress or egress of others to and from the Recreational Area and otherwise create a safety hazard. 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 negligence or carelessness with fires. Campfires are allowed only if the City posts that such fires are permitted and fire pits are properly constructed in full compliance with the posted instructions and all such campfires 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 and otherwise consistent with these Regulations. 10 e. All users shall obtain all required pennits) including) but not limited to) entrance pennits, camping pennits and boat launching pennits. Such pennits shall be carried or displayed in the manner as prescribed. f. Camping is pennitted only in areas so designated for camping or in campsites assigned by the City. 12. WILDLIFE MITIGATION AREA In addition to the regulations otherwise provided herein, the following regulations apply only to the Wildlife Mitigation Area (WMA): a. The undeveloped WMA is accessible and may be occupied only by written pennit issued by the City Manager) or his or her designee; and all overnight camping or overnight parking is prohibited without prior written approval by the City Manager or his or her designee. During any permitted hunting period) all other day-use activities may be suspended by the City Manager) or his or her designee, for safety purposes. b. A fully completed and signed permit shall be carried by each visitor at all times while on the WMA. c. Motorcycles, motor scooters or similar vehicles, other than those used by the City or its designees for the purpose of maintenance and/or law enforcement, are prohibited on the WMA. d. Vehicles shall only be parked immediately adjacent to and parallel with the roads in the WMA and shall not leave the designated roadway for any purpose. e. The consumption or possession of alcoholic beverages on the WMA ts prohibited. f. No person shall drive or park a vehicle upon any designated food plot or tree planting areas or any other posted area on the WMA. g. All fishing in surface water impoundments on the WMA is prohibited. h. The City shall not be responsible for loss or damage to any personal belongings, hunting equipment, vehicles) pets or any other items on the WMA. 13. PROHIBITED AND REGULATED AREAS a. The City Manager, or his or her designee, is authorized to designate areas on the Lake and on the Property from which the public shall be excluded for health and/or safety reasons. Such areas shall be marked by signs or buoys that clearly 11 indicate that the public is excluded from the areas. No person shall go into any such prohibited area without the specific written permission of the City Manager, or his or her designee. b. The City Manager, or his or her designee, 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. 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 regulations. d. Unless otherwise granted prior written permission by the City Manager, or his or her designee, all persons may only enter the Property via designated public entry points as set forth by the City. 14. ADVERTISINGJ COMMERCIAL ACTIVITIES AND EXHIBITIONS a. The posting of private notices, advertisements and signs are prohibited on any portion of the Lake or the Property, except by specific written permission of the City Manager, or his or her designee. 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 Manager, or his or her designee. c. Exhibitions, public demonstrations, water shows, boat races or any other activity may be performed on the Lake or on the Property only by specific written permission of the City Manager, or his or her designee. 15. ABANDONED PROPERTY a. Law enforcement may seize any watercraft, facility (as such is defined in Section 5. above), or other personal property located on the Lake or on the Property which is unauthorized or abandoned, or which is left unattended without conforming with City regulations for mooring or anchoring. The term "abandoned" for this section shall mean any watercraft, facility or other personal property that is left unattended for a period over twenty-four (24) hours or that is otherwise creating a hazard to the public health, safety and welfare. The term "abandoned" does not include watercraft, facility or other personal property that is damaged or disabled in such a manner that the owner, through no fault of his or her own, is unable to remove it within the twenty-four (24) hour time period, so long as the owner 12 promptly notifies Lake law enforcement and/or Lake personnel and clearly flags or otherwise marks the watercraft, facility or other personal property. b. Anything thus seized may be removed from the Lake and/or the Property without liability to the City or anyone acting on its behalf. If same shall remain unclaimed by the owner for a period of sixty (60) days, same may be sold at public or private sale, upon such terms and conditions as the City shall deem to be desirable and in compliance with City Ordinances. 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 for a period of ninety (90) days after the sale of the abandoned property. After ninety (90) days, the remaining balance shall be remitted to the City's Lake Alan Henry law enforcement fund. Any such sale shall pass to the purchaser good title to the item seized. c. Abandoned motor vehicles. Abandoned motor vehicles shall be subject to the provisions of Chapter 683 of the Texas Transportation Code. For purposes of this section, the term "motor vehicle" shall mean a vehicle that is subject to registration pursuant to Chapter 501 of the Texas Transportation Code. 16. PENALTY A person who violates or fails to comply with any provision of these regulations is guilty of a misdemeanor in an amount as set forth by state law and the City of Lubbock Code of Ordinances. 17. NOTICE TO APPEAR a. An enforcement officer who arrests or detains a person for a violation of these regulations may deliver to the alleged violator a written notice to appear within 12 days after the date of the violation, before the City of Lubbock Municipal Court having jurisdiction of the offense. b. The person arrested or detained 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 municipal court constitutes a violation of these regulations. A warrant for the arrest of the person failing to appear may be issued. 18. 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, marker was authorized or that required written permission was unauthorized. Any person charged with a violation of these regulations may 13 prove, as a defense, that installation of any sign> buoy or marker was not authorized. For purposes of violations relating to watercraft in this ordinance, the owner of such watercraft or the person to whose name is registered to such watercraft, shall be presumed to have been the operator of said watercraft at the time the violation occurred, if the actual operator cannot otherwise be determined by a law enforcement officer. 19. VALIDITY If any part of these regulations should be found invalid or unconstitutional, the validity of the remainder hereof shall not be impaired. 14