HomeMy WebLinkAboutOrdinance No. 2000-31 • • ..,�-.�.. ._. � . - -
ORDINANCE NO. 2 0 0 0—31
AN ORDINANCE ESTABLISHING WATER 5AFETY REGULATIONS
FOR THE CITY OF FRIENDSWOOD, TEXAS; PROVIDING FOR
DEFINITIONS; REQUIRING CERTAIN VESSEL EQUIPMENT;
ESTABLISHING BOATING REGULATIONS, TO UPDATE IT IN
ACCORDANCE WITH CHANGES EFFECTED BY THE TEXAS
LEGISLATURE; PROVIDING FOR ENFORCEMENT; PROVIDING- FOR
A PENALTY; REPEALING ORDINANCE NO. 90-21 AND ALL
ORDINANCES OR PART'S OF ORDINANCES IN CONFLICT
HEREWITH; AND PROVIDING FOR SEVERABILITY.
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD,
STATE OF TEXA5:
Section 1. A Water Safety Ordinance is hereby adopted by the City Council of the
City of Friendswood, Texas which provides as follows:
Section 1. General Provisions.
A. Title. This Ordinance may be cited as the Water Safety Ordinance.
B. Policy. It is the policv of this Citv to promote recreational water safety for
persons and property in and connected witfi the use of alI recreationa� water facilities in the
City; to promote safety in the operation and equipment of facilities, and to promote uniformity
of laws relating to water safet�
C. Definitions.
1. "Boat" means a vessel not more than sixty-five feet (65') in len t�h
measured from end to end over the deck, excludin sheer.
2. "Vessel" means any watercraft, other than a seaplane on water, used or
capable of bein� used for transportation on water.
3. "Motorboat" means any vessel propelled or designed to be propelled bX
machinerv, whether or not the machinerv is permanently or temporarily
affixed or is the principal source of propulsion.
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4. "Owner" means the person who ri ng tfully claims lawful possession of a
vessel by virtue of the legal title or an equitable interest.
5. "Water of this City" means any public water within the territorial limits
of this Citv.
6. "Operate" means to navigate or otherwise use a motorboat or a vessel.
7. "Dealer" means a person customarily en�a�ed in the business of buyin�,
sellin�, or exchanging at least five vessels or outboard motors durin� a
calendar year at an established or permanent place of business in this
Citv and that at each place of business there is a sign conspicuously
displayed showin�the name of the dealership so that it may be located
bv the public and sufficient space to maintain an office, service area, and
display of products.
8. "Reasonable time" means fifteen (15) davs.
9. "Manufacturer" means a person en�aged in the business of
manufacturing new and unused vessels and outboard motors for the
purpose of sale or trade.
10. "New" means every vessel or outboard motor after its manufacture and
before its sale or other transfer to a person not a manufacturer or dealer.
11. "Outboard motor" means any self-contained internal combustion
propulsion system, excludin� fuel supply, which is used to propel a
vessel and which is detachable as a unit from the vessel.
12. "Personal watercraft" means a motorboat, that is specifically desi_ng ed to
be operated by a person or persons sitting, standing, or kneeling on the
vessel rather than in the conventional manner of sittin� or standin ig nside
the vessel.
D. Application of Ordinance. The provisions of this Ordinance apply to all public
water in this City and to all vessels on public water. Privately owned water is
not subject to the provisions of this Ordinance.
Section 2. Required Equipment•
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A. Operation of Vessels Without Required Equipment Prohibited. No person maX
�erate or �ive permission for the operation of a vessel that is not�rovided with
the equipment required by this Ordinance.
B. Classes of Motorboats. Motorboats subject to the provisions of this Ordinance
are divided into four classes accordin tg o len�th as follows:
Class A. Less than sixteen feet (16') in len t�h.
Class 1. Sixteen feet (16') or over and less than t�ventX-six feet
�26') in length.
Class 2. Twenty-six feet (26') or over and less than forty feet (40")
in len t�h.
Class 3. Fortv feet (40') in len�th or over.
C. Lights. A vessel or motorboat when not at dock must have and exhibit at
least one bright light, lantern, or flashlight from sunset to sunrise in all weather.
A vessel or motorboat when underway between sunset and sunrise in all weather
must have and exhibit the li�prescribed by the Commandant of the Coast
Guard for boats of its class. No other lights that may be mistaken for those
prescribed may be exhibited.
D. Whistles• Bell. A motorboat must have an efficient whistle or other
sound-producing device if one is required by the Commandant of the Coast
Guard
E. Life Preserving Devices.
1. A motorboat must have at least one (1) life preserver, life belt, rin�
buoy, or other device of the sort prescribed by the regulations of the
commandant of the Coast Guard for each person on board, so placed as
to be readily accessible.
2. A motorboat carryin�passengers for hire must have a readily accessible
life preserver of the sort prescribed by the regulations of the
commandant of the Coast Guard for each person on board.
3. The operator of a Class A or Class 1 motorboat, while underway, shall
require everv passenger under 13 years of age to wear a life preserver of
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the sort prescribed by the re�ulations of the commandant of the Coast
Guard. A life belt or rin� buov does not satisfy this requirement.
F. Fire Extinguishers.
1. A motorboat must have the number, size, and type of fire extin ui�
prescribed by the regulations of the commandant of the Coast Guard.
2. The fire extinguishers must be capable of promptly and effectively
extin uishing burning �asoline. They must be kept in condition for
immediate and effective use at all times and must be placed so as to be
readily accessible.
G. Flame Arrestors; Backfire Traps. A motorboat must have the carburetor or
carburetors of everX en�ine usin���asoline as fuel, except outboard motors,
e�c uipped with an efficient flame arrestor, backfire trap, or other similar device
prescribed by the regulations of the commandant of the Coast Guard.
H. Ventilators. Each motorboat and vessel, except an open boat, using as fuel any
liquid of a volatile nature must have the equipment prescribed by the regulations
of the commandant of the Coast Guard designed to ventilate properly and
efficientl y the bilges of the en�ine and fuel tank compartments so as to remove
any explosive or inflammable �ases.
I. Exhaust Water Manifold; Muffler. A motorboat operating on the water in this
City must have an exhaust water manifold or a factor,�-type muffler installed on
the engine•
J. Rearview Mirrors.
1. A vessel used to tow a person or persons on water skis or an aquaplane
or similar device on the water in this City must have a rearview mirror
of a size no less than four inches (4") from bottom to top and across
from one side to the other. The mirror must be mounted firmly so as to
�ive the boat operator a full and complete view beyond the rear of the
boat at all times.
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2. Para.�raph 1 of this Subsection does not apply to vessels used in water ski
tournaments, competitions, or exhibitions, or to a vessel that, in addition
to its operator, has on board a person 13 years of age or older observing
the progress of the person being�towed.
K. Canoes, Punts, Rowboats, Sailboats, and Rubber Rafts; Racin� Shells, Rowing
Sculls, Racing Kayaks, Equipment Exemptions.
1. Canoes, punts, rowboats, sailboats, and rubber rafts when paddled,
poled, oared, or windblown are exempt from all required safety
equipment except the followin�:
a. one (1) Coast Guard approved lifesaving device for each person
aboard; and
b. the lights prescribed by the commandant of the Coast Guard for
Class A vessels and required under Section 31.064 of Texas
Parks and Wildlife Code.
2. Racing shells, rowin� sculls, and racin�yaks while participatin�r
practicin� for an officially sanctioned race are exempt from all safety
equipment requirements except the lights prescribed by the commandant
of the Coast Guard for class A .
3. In this section, "racing shell", "rowin� scull," or "racin�kayak" means
a manuall�propelled boat:
a. recognized by a national or international racing association for
use in competitive racing;
b. not designed or used to carry equipment serving_ any purpose
other than competitive racing; and
c. in which each occupant, except a coxswain, rows, sculls or
adp oles•
Section 3. Boatin�Regulation.
A. Rules of the Road. The United States Coast Guard Inland Rules ap�ly to all
public water of this City to the extent they are ap�licable.
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B. Reckless or Negli eg nt Operation. No person shall operate any motorboat or
vessel or manipulate any water skis, aquaplane, or similar device in a wil1�a11X
or wantonly reckless or ne�i�ent manner that endangers the life, limb or
propert,�y person.
C. Excessive Speed. No person shall operate any boat at a rate of speed rg eater
than is reasonable and prudent, having due re�ard for the conditions and
hazards, actual and potential, then existing, including weather and densit�f
traffic, or greater than will permit him, in the exercise of reasonable care, to
bring the boat to a stop within the assured clear distance ahead.
D. Reckless Operation and Excessive Speed. No person shall operate a vessel or
manipulate water skis, an aquaplane, or a similar device on the water located
within municipal boundaries in willful or wanton disregard of the ri ng ts or
safety of others or without due caution or circumspection, and at a speed or in a
manner that endan�ers, or is likelv to endan er, a person or propert�
E. Hazardous Wake or Wash. No person shall operate a motorboat so as to create
a hazardous wake or wash.
F. Circular Course Around Fisherman or Swimmer.
1. No person shall operate a motorboat in a circular course around any
other boat any occupant of which is enga�ed in fishin� or around any
person swimmin�.
2. No swimmer or diver shall come within two hundred (200) vards of a
si�htseeing or excursion boat except for maintenance purposes or unless
within an enclosed area.
G. Interference with Markers or Ramps.
l. No person shall moor or attach a boat to a buoy, beacon, light marker
stake, flag, or other aid to safe operation placed upon the public water of
this City. No person shall move, remove, displace, tamper with,
damage, or destroy the markers or aids to safe operation.
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2. No person shall moor or attach a vessel to a public boat launchin�mp
except in connection with the launching or retrieving of a boat from the
water.
H. Obstructing Passa�
1. No person shall anchor a boat in the traveled portion of a river or
channel so as to prevent, impede, or interfere with the safe passage of
any other boat through the same area.
2. No person shall anchor a vessel near a state-owned boat ramp so as to
prevent, impede, or interfere with the use of the boat ramp.
I. Operatin� Boats in Restricted Area. No person shall operate a boat
within a water area that has been clearly marked, by buoys or some other
distinguishing device, as a bathing, fishing, swimming, or otherwise restricted
area desi�nated by the State of Texas, the City, or another �olitical subdivision
of this state. This Subsection does not a�ply to a patrol or rescue craft or in any
case of any emergency.
J. Operatin� Vessels in Scuba Diving or Snorkelin� Areas.
1. No person shall operate a vessel within fifty feet (50') of a buoy or of
another vessel displaying a "diver down" flag that marks an area in
which a person is scuba diving or snorkeling,
2. No person may operate a vessel at a speed �reater than the minimum
speed necessary to maintain steerageway and headway while the vessel is
within one hundred fifty feet (150') of a buoy or a vessel displa i�n�a
"diver down" fla� that marks an area in which a person is scuba diving
or snorkelin�.
3. To be entitled to the protections of this Subsection, a scuba diver or
snorkeler shall prominentl�display a "diver down" flag from a buo�r
vessel.
4. This Section does not applv:
a. to a person who is operating a patrol or rescue craft; or
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b. in an emer e�nc�
5. Para�,raph 1 of this Subsection does not ap�lv:
a. to a person who is alreadv operatin� a vessel in an area when
another person displays a "diver down" flag within one hundred
fifty feet (150') of that vessel;
b. to a person who is operating a vessel in a waterway that is less
than three hundred (300') wide; or
c. to a person who has permission to enter the area from the person
who placed the buoy or the person who is operating the vessel
displayin� the "diver down" flag_
6. In this Subsection, "diver down" flag means a square or rectangular red
flag that has a dia�onal white stripe and is at least 15" x 15" in size.
K. Water-Skis, Aquaplanes, Etc.: Time and Manner of Operation.
l. No person shall operate a vessel on any water of this City and tow a
person or persons on water-skis, surfboards, or similar devices and no
person shall engage in water-skiing, surfboarding, or similar activity at
any time between the hours from one half hour after sunset to one half
hour before sunrise. This Subsection does not apply to motorboats or
vessels used in water-ski tournaments, competitions, or exhibitions or
trials therefore is adequate lightin� is provided.
2. All motorboats having in tow or other wise assisting in towing a person on
water-skis, aquaplanes, or similar contrivances shall be operated in a
careful and prudent manner and at a reasonable distance from persons and
property so as not to endanger the life or property of any person.
3. A person being towed on water-skis, aquaplanes, or similar devices by a
vessel is considered an occupant of the vessel.
Section 4. Enforcement and Penalties.
A. Enforcement Officers.
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l. All peace officers of this City that are certified as marine safety
enforcement officers by Texas Parks and Wildlife Department are
enforcement officers for the purpose of this Ordinance.
2. The enforcement officers may enforce the provisions of this Ordinance
by arresting and taking into custod ��an�person who commits any act or
offense prohibited by this Ordinance or who violates an�provision of
this Ordinance.
B. Water Safety Vessels:Lights. Only police water safety vessels and other vessels
authorized under state law may use rotating or flashing blue beacon lights.
C. Required Response to Police Water Safety Vessel. The operator of a vessel
underway, on sighting a rotating or flashing blue beacon light, shall reduce power
immediately and bring the vessel to a no-wake speed and subsequent stop until
the intention of the water safety vessel is understood.
D. Inspection of Vessels.
1. In order to enforce the provisions of this Ordinance, an enforcement
officer ma,�� stop and board any vessel subject to this Ordinance and may
inspect the boat to determine compliance with applicable provisions.
2. An officer boarding a vessel shall first identify himself b�presenting
proper credentials.
3. The operator of a vessel required by this ordinance to hold a certificate
of number aboard the vessel shall show the certificate to the officer on
demand, and failure to do so constitutes a violation of this Ordinance.
4. No person operating a boat on the water of this City shall refuse to obey
the directions of an enforcement officer when the officer is actin�r
the provisions of this Ordin�nce.
5. The safety of the vessel shall always be the paramount consideration of
an arresting officer.
6. If an enforcement officer determines that a vessel and its associated
equipment are being used in violation of this Ordinance so as to create an
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especiall�azardous condition, he shall direct the operator to return to
mooring, and the vessel may not be used until the condition creating the
violation is corrected.
E. Violation; Notice to Appear.
1. An enforcement officer who arrests a person for a violation of this
Ordinance shall deliver to the alle�ed violator a written notice to appear
within fifteen (15) days after the date of violation before the
Friendswood Municipal Court.
2. The person arrested shall si�n the notice to appear promising to make his
appearance in accordance with the reauirements set forth in the notice.
After signin� the notice the person may be released. Failure to appear
before the Friendswood Municipal Court constitutes a violation of this
Ordinance. A warrant for the arrest of the person failing to appear may
be issued.
F. Penalties.
1. A person who violates or fails to comply with any provision of this
Ordinance, commits an offense that is a Class C Parks and Wildlife
misdemeanor, and commits an offense punishable by a fine of not less
than twenty-five dollars or more than five hundred dollars.
2. The operator of a vessel who is involved in a collision, accident, or other
casualty that results in death or serious bodily injury to another person
shall comply with applicable state law requirements.
Section 2. Repealer. Ordinance No. 90-21, of the City of Friendswood, Texas,
originally passed and approved by City Council on September 24, 1990, is hereby repealed in
its entirety. All ordinances or parts of ordinances inconsistent or in conflict herewith are, to
the extent of such inconsistency or conflict, hereby repealed.
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Section 3. Severability. In the event any section, paragraph, subdivision, clause,
phrase, provision, sentence, or part of this Ordinance or the application of the same to any
person or circumstance shall for any reason be adjudged invalid or held unconstitutional by a
court of competent jurisdiction, it shall not affect, impair, or invalidate this Ordinance as a
whole or any part or provision hereof other than the part declared to be invalid or
unconstitutional; and the City Council of the City of Friendswood, Texas, declares that it
would have passed each and every part of the same notwithstanding the omission of any such
part thus declared to be invalid or unconstitutional, or whether there by one or more parts.
PASSED AND APPROVED on first reading this 21st day of August , 2000.
PASSED, APPROVED, and ADOPTED on second and final reading this llth day of
September , 2000.
Harold L. Whitaker
Mayor
ATTEST:
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Deloris McKenzie, T C
City Secretary
MOTION: Councilmember Kim Brizendine
2ND: Councilmember Kitten Brizendine
APPROVED: Unanimously
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