HomeMy WebLinkAboutOrdinance No. 90-21 �� .. . ' � ' .
ORDINANCE N0. _90-21
AN ORDINANCE ESTABLISHING WATER SAFETY REGULATIONS FOR �
THE CITY OF FRIENDSWOOD, TEXAS ; PROVIDING FOR
DEFINITIONS ; REQUIRING CERTAIN VESSEL EQUIPMENT;
ESTABLISHING BOATING REGULATIONS ; . PROVIDING FOR
ENFORCEMENT; PROVIDING A PENALTY BY A FINE OF NOT LESS
THAN TWENTY-FIVE DOLLARS ($25. 00) NOR MORE THAN FIVE
HUNDRED DOLLAR.S ($500. 00) ; REPEALING ALL ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND
PROVIDING FOR SEV�ABILITY.
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD,
STATE OF TEXAS :
Section 1 . General Provisions .
A. Title. This Ordinance may be cited as the Water
Safety Ordinance.
B. Policy. It is the policy of this City to promote
recreational water safety for persons and property in and
connected with the use of all recreational water facilities in
the City, to promote safety in the operation and equipment of
facilities , and to promote uniformity of laws relating to water
safety. , X `
C. Definitions .
� 1. "Boat" means a vessel not more than sixty-five
feet (65' ) in length, measured from end to end over the deck,
excluding sheer, and manufactured or used primarily for
. noncqmmercial use,
2. "Vessel" means any watercraft , other than a
seaplane on water, used or capable of being used for
transportation on water.
3. "Motorboat" means any vessel 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.
4. "Owner" means the person who rightfully claims
lawful possession of a vessel by virtue of the legal title or
an' �equitable interest.
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' S. "Water of this City" means any public wate ,�2425�52�
within the territorial limits of this City. ��`L'l'2 ��`'�,
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6. "Operate" means to navigate or otherwise use a
motorboat or a vessel.
7. "Dealer" means a person customarily engaged � in
the business of buyin� , sellin�, or exchanging motorboats or
outboard motors at an established or permanent place of
business in this City and that at each place of business there
is a sign conspicuously displayed showing the name of the
dealership so that it may be located by the public and with
sufficient Space to maintain an officer, service area, and
display of products .
$. � "Boat livery" means a business establishment
engaged in renting or hiring out motorboats for profit.
9. "Undocumented motorboat" means a vessel that is
not required to have, and does not have, a valid marine
document issued by the Bureau of Customs of the United States
government or its successor.
� 10. "Reasonable time" means fifteen.. (15) days .
11. "Manufacturer" means a person engaged in the
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business of manufacturing new and unused motorboats and
outboard motors for the purpose of sale or trade.
12. "New" means every motorboat or outboard motor
after its manufacture and before its sale or other transfer to
a person not a manufacturer or dealer.
� 13. "Outboard motor" means any self-contained
internal combustion propulsion system, excluding fuel supply,
which is used to propel a vessel and which is detachable as a
unit from the vessel.
14. "Personal watercraft" means a motorboat up to ten
feet (10' ) in length, which is designed to be operated by a
person or persons sitting, standing, or kneeling on the vessel
rather than in the conventional manner of sitting or standing
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inside the vessel .
D. Application of Ordinance. The provisions of this
Qrdinance apply to all public water in this City and to all
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watercraft navigated or moving on the public water. Privately
owned water is not subject to the provisions of this Ordinance.
Section 2. Required Equipment.
A. Operation o£ Vessels Without Required Equipment
Prohibited. No person may operate or give permission for the
operation of a vessel that is not provided with the equipment
�required by this Ordinance.
B. Classes of Motorboats . Motorboats sub�ect to the
provisions of this Ordinance are divided into four classes
according to length as follows :
Class A. Less than sixteen feet (16' ) in length.
Class 1. Sixteen feet (16' ) or over and less than
' twenty-six feet (26' ) in lenp,th.
Class 2. Twenty-six feet (26' ) or over and less than forty
feet (40' ) in length.
Class 3. Forty feet (40' ) in length or over.
C. Lights .
1. 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 lights prescribed below for boats of its
class. No other lights that may be mistaken for those
• prescribed may be exhibited.
2. Each Class A and Class 1 motorboa� must have the
following lights :
(a) a bright white ligh� aft to show all around
the horizon; and
(b) a combined lantern in the fore part of the
vessel and lower than the white light aft, showing green to
starboard and red to port , so fixed as to throw the light from
right ahead to two (2) points abaft the beam on their
respective sides .
3. Each Class 2 and Class 3 motorboat must have the
following lights and light screens :
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(a) a bright white light in the fare part of the
vesael as near the stern as practicable, so constructed as to
show an unbroken light over an arc of the horizon of twenty
(20) points of the compass and so fixed as to throw the light
ten (10) points on each side of the vessel , namely fram right
ahead to two (2) points abaft the beam on either side ;
(b) a bright white light aft to show all around
the horizon and higher than the white light forwar� ;
(c) a green light on the starboard side so
constructed as to show an unbroken light over an arc of the
horizon of ten (10) points of the compass and so fixed as to
throw the light from right ahead to two (2) points abaft the
beam on the starboard side ;
(d) a red light on the port side so constructed
as to show an unbroken light over an arc of the hori.zon of ten
(10) points of the compass and so fixed as to throw the light
from right ahead to two (2) points abaft the beam on the port
side ; and
(e) inboard screens fitted on the starboard and
port side lights of sufficient length and so set as to prevent
the side lights from being seen across the bow.
4. Each Class A and Class 1 motorboat when propelled
by sail alone must have the combined lantern but not the white
• light a£t prescribed in paragraph 2(b) of Subsection C above.
5. Each Class 2 and Class 3 motorboat when propelled
by sail alone must have the colored side lights , suitably
screened, but not the white lights prescribed in paragraph 3 of
Subsection C above.
6. Motorboats of all classes when propelled by sail
alone must have ready at hand a lantern or £lashlight showing a
• white light which sha11 be exhibited in sufficient time to
avert a collision.
7. A white light required by this Section musC be
vi.sible at a distance of at least two (2) miles . A colored
light required by this Section must be visible at a distance of
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at l�ast one (l� mile. In this Section, "visible" means
visible on dark nights with clear atmosphere.
8. A motorboat propelled by sail and machinery must
have the lights required by this Section for motorboats
propelled by machinery alone.
9. A motorboat may have and exhibit the lights
re�uired by the Regulations for Preventing Collisions at Sea,
1948, Act of October 11 , 1951 , as amended , instead of the
lights specified by this Ordinance.
D. Whistles ; Bells .
1. A motorboat of Classes 1, 2, or 3 must have an
efficient whistle or other sound-producing mechanical appliance .
2. A motorboat of Classes 2 or 3 must have an
efficient bell.
E. Life Preserving Devices .
1 . A motorboat must have at least one (1) life
preserver, li£e belt , ring buoy, or other device of the sort
prescribed by the regulations of the commandant of �he Coast
Guard for each person on board, so placed as to be readily
accessible.
� 2. A motorboat carrying 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,
wh�le underway, shall require every passenger under 13 years of
age to wear a life preserver of the sort prescribed by the
regulations of the commandant of the Coast Guard. A life belt
or ring buoy does not satisfy this requirement.
F. : Fire Extinguishers .
1. A motorboat must have the number, size, and type
of fire extinguishers prescribed by the regulations of the
commandant of the Coast Guard.
2. The fire extinguishers must be capable of
promptly and effectively extinguishing burning gasoline. They
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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 every engine using
gasoline as fuel, except outboard motors , equipped with an
efficienC flame arrestor, backfire trap, or other similar
device prescribed by the regulations of the commandant of Che
CoasC Guard.
H. Ventilators . Each motarboat 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 efficiently the bilges of the engine and fuel tank
compartments so as to remove any explosive or inflammable gases .
I. Exhaust Water Manifold ; Muffler. A motorboat
operating on the water in this City must have an exhaust water
manifold or a factory-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 ful]. and complete view beyond the rear of the
boat a� all times.
2. Paragraph 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 ;
Equipment Exemptions . All canoes , punts , rowboats , sailboats ,
and rubber rafts when paddled , poled, oared, or windblown are
exempt from all required safety equipment except the following :
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1 . one (1) Coast Guard approved lifesaving device
for each person aboard ; and
2. the lights prescribed for Class A vesselsJ in
paragraph 2 of Subsection C above.
Section 3. Boating Regulations .
A. Rules o£ the Road. The United States Coast Guard
Inland Rules apply to all public water of this City to the
extent they are applicable.
B. Excessive Speed.
1. No person may operate any boat at a rate of speed
greater than is reasonable and prudent, having due regard for
the conditions and hazards , actual and potential , then
existing, including weather and density of traffic , or greater
than will permiC him, in the exercise of reasonable care, to
bring the boat to a stop within the assured clear distance
ahead.
C. Hazardous Wake or Wash. No person may operate a
motorboaC so as to create a hazardous wake or wash.
D. Circular Course Around Fisherman or Swimmer.
1 . No person may operate a motorboat in a circular
course around any other boat any occupant of which is engaged
in fishing or around any person swimming.
2. No swimmer or diver may come within two hundred
� (200) yards of a sightseeing or excursion boat except for
maintenance purposes or unless within an enclosed area.
, E. Interference with Markers or Ramps .
1. No person may 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
may move, remove, displace, tamper with, damage, or destroy the
markers or aids to safe operation.
2. No person may moor or attach a vessel to a public
boat launching ramp except in connection with the launching or
retrieving of a boat fram the water.
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F. Obstructing Passage.
1. No person may 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 may anchor a vessel near a public boat
ramp so as to prevent, impede, or interfere with the use of the
boat ramp.
G. Operating Boats in Restricted Area. No person may
operate a boat within a water area that has been clearly
marked, by buoys or some other distinguishing device, as a
bathin�, fishing, swimming, or otherwise restricted area by the
City. This Subsection does not apply to a patrol or rescue
craft or in any case of an emergency.
H. Operating Vessels in Scuba Diving or Snorkeling Areas .
1 . No person may 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 greater
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 displaying a "diver down" flag
• that marks an area in which a person is scuba diving or
snorkeling.
3'. To be entitled to the protections of this
Subsection, a scuba diver or snorkeler must prominently display
a "diver down" flag from a buoy or vessel .
4. This Section does not apply:
(a) to a person who is operating a patrol or
rescue craft ; or
(b) in an emergency.
S. Paragraph 1 of this Subsection does not apply:
(a) to a person who is already operating a
vessel in an area when another person displays a "diver down"
flag within one hundred fifty feet (150' ) of that vessel ;
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� (b) to a person who is operating a vessel in a
waterway that is less than three hundred feet (300' ) wide ; or
(c) to a person who has permission to enter �the
area fram the person who placed the buoy or the person who is
operating the vessel displaying the "diver down" flag.
6. Tn this Subsection, " ' diver down' flag" means a
square or rectangular red flag that has a diagonal white stripe
and is at least twenty-four inches by twenty-four inches (24" x
24") in size.
I. Water-Skis , Aquapl.anes , Etc. : Time and Manner of
Operation.
1. No person may operate a vessel on any water of
this City towing a person or persons on water-skis , surfboards ,
or similar devices and no person may engage in water-skiing ,
surfboarding , or similar activity at any time between the hours
from one (1) hour after sunset to one (1) before sunrise. This
Subsection does not apply to motorboats or vessels used in
water-ski tournaments , competitions , or exhibitions or trials
therefor if adequate lighting is provided.
2. All motorboats having in tow or otherwise
. assis�ing in towing a person on water-skis , aquaplanes , or
similar contrivancas shall be operated in a careful and prudent
manner and at a reasonable distance £rom 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. En£orcement and Penalties .
A. Enforcement Of£icers .
1. All peace officers of this City are enforcement
officers for the purposes of this Ordinance.
2. The enforcement officers may enforce the
provisions of this Ordinance by arresting and taking into
custody any person who commits any act or offense prohibited by
this Ordinance or who violates any provision o� this Ordinance.
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B. Water Safety Vessels : Lights . Only police water
safety vessels 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 may 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 by presenting proper credentials .
3. No person operating a boat on the water of this
City may re£use to obey the directions of an enforcement
officer when the officer is acting under the provisions of this
Ordinance.
4. The safety of the vessel shall always be the
paramount consideration of an arresting officer.
� 5. If an enforcement officer determines that a
vessel and its associated equipment is being used in violation
of this Ordinance so as to create an especially hazardous
• condition, he may direct the operator to return to mooring , and
Che 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 may deliver to the alleged violator
a written notice to appear within fifteen (15) days after the
date of violation before the court having jurisdiction of the
offense.
2. The person arrested shall sign the notice to
appear promising to make his appearance in accordance with the
requirements set £orth in the notice. After signing the notice
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the person may be released. Failure to appear before the court
havin� �urisdiction constitutes a violation of this Ordinance.
A warrant £or the arrest o£ 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,, for which no other penalty is
applicable, commits an offense that is a Class C Parks and
Wildlife Code misdemeanor punishable by a fine of not less than
twenty-five dollars ($25. 00) nor more than five hundred dollars
($500. 00) . ,
Section 5. Repealer. All ordinances or parts of
ordinances inconsistent or in conflict herewith are, to the
extent of such inconsistency or conflict, hereby repealed.
Section 6. 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 courC of competent jurisdiction,
it shall not affect, impair, or inval.idate 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 be one or more parts .
PASSED AND APPROVED on first reading this lOth day
of September , 1990.
PASSED, APPROVED, AND AD4PTED on second and final reading
Ch�s 24th day of September , 1990.
au . c ra er
Mayor
AT S s
D LOR S ARCHER, CMC
CITY SECRETARX
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