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HomeMy Public PortalAboutOrd 295 Watercraft on Waters (First Published in the Ark Valley News on the ~ day of CDJ ,1997.) THE CITY OF BEL AIRE, KANSAS ORDINANCE NO. :2 95 AN ORDINANCE RELATING TO THE USE OF WATERCRAFT IN OR UPON WATERS WITHIN BEL AIRE, KANSAS; PROVIDING FOR REGULATION THEREOF; AND PROVIDING PENALTIES THEREFORE. BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF BEL AIRE, KANSAS: Section 1. Prohibited Watercraft Activity Except when engaged in maintenance or operation activities upon prior written authorization of the city administrator, it is illegal for any person to place, dock, operate, or attempt to operate any electrically powered boat or power boat in or upon any city, state, or federal waters within the corporate limits of the City of Bel Aire, Kansas. Section 2. Permitted Watercraft Activity "Other Watercraft," as defined herein, may be placed, docked pursuant to a permit issued by the City of Bel Aire, Kansas in compliance with rules and regulations hereinafter adopted, and operated in and upon city, state, or federal waters within the corporate limits of the City of Bel Aire, Kansas. 1 However, all federal and state regulations pertaining to boats, boat equipment, boating activities, safety and safety equipment or any other watercraft or watercraft equipment shall apply to all such watercraft activities and watercraft operating in and upon city, state, or federal waters within the corporate limits of the City of Bel Aire, Kansas and shall be incorporated herein and made a part hereof by reference. Section 3. Definitions For the purpose of this ordinance, the following words and phrases used herein shall have the following meanings: (a) "Other Watercraft" means any of the following with an overall length of less than sixteen (16) feet: commercially constructed inflatable boat with an overall length of at least nine (9) feet, row boat, canoe, paddle boat, sail craft, or other boat of any type which is not powered by electricity or a combustible engine. (b) "Power boat" means any water craft powered by a combustible engine, including pontoon boat, air boat, hover craft, fishing boat, and personal watercraft, but excluding toy or model boats which are not designed to carry humans or cargo. (c) "Sail craft" means any sail board, wind sail, catamaran or other sail boat. (d) "Personal watercraft" means those watercraft commonly referred to as "jet ski" or "water bike." Section 4. Penalty Any person convicted of a violation of any provision of this Ordinance shall be guilty of a misdemeanor and subject to a fine not to exceed five hundred dollars ($500.00). Section 5. Effective Date This Ordinance shall take effect and be in force from and after its publication in the official city newspaper. 2 Passed by the City Council this /;tJ. day of &)~1 ,1997. Approved by the Mayor this 8;t/. day of 0 c;Zi11!4 ,1997. c" G' ,i,ifN,." ~''-.:~' '-~_.:.~"_>,d~, <: C',~. >', -'~'L,..J',;\:"0,. · ..,~ ," I' " ~',Y'" /,' - \ <,? iN \~ "'\'\-" ") \"",,\ '0', I ;':i~ ". I, \o'^~\~~);'i' ~,~' ~ I " '.,.' , ... .. ~(\',,!.;;.~.~ ," \1 '> p', "'"t'., I I,. \ \,,! ",1 ~41; \. \ \, ;";, 'f '\ }\ ~ _~ ' . <:_.". \~\"~.\':," ~.J ~~ 1,\ l, ~ ~\.\\ ,,~...' " 11 \ , St~~ . ~ ^~ gv,-,~It L- ~ N/I-- YOR, HAROLD A. .1 H . ,,\. .\.... ATTEST: ~/~~ CITY CL~K, SHERRYL L. CUTTER 3 WATERCRAFT REGULATIONS The following regulations are hereby adopted pursuant to Bel Aire Ordinance No. 295 to prescribe the granting of permits for and the regulation of "Other Watercraft," as defined and authorized in said ordinance. Section 1. Prohibited Activities No person may place, dock or operate any watercraft as defined in Bel Aire Ordinance No. 295 in or upon any city, state, or federal waters within the corporate limits of the City of Bel Aire, Kansas without a permit issued by the City of Bel Aire, Kansas in compliance with rules and regulations herein. Section 2. Permit Issuance Residents of Bel Aire, Kansas may obtain daily, weekly and monthly City of Bel Aire watercraft permits to place, dock and operate "Other Watercraft" as defined in Bel Aire Ordinance No, 295 in or upon any city, state, or federal waters within the corporate limits of the City of Bel Aire, Kansas. City of Bel Aire watercraft permits may be obtained at the Bel Aire City Hall, 4551 N. Auburn, Bel Aire, Kansas, during the hours of 8:00 a.m. to 5:00 p.m. on weekdays. Section 3. Permit Fees A fee of $1.00 shall be charged for each daily watercraft permit issued by the City of Bel Aire, Kansas. A fee of $3.00 shall be charged for each weekly watercraft permit issued by the City of Bel Aire, Kansas. A fee of $5.00 shall be charged for each monthly watercraft permit issued by the City of Bel Aire, Kansas. A fee of $10.00 shall be charged for each three month watercraft permit issued by the City of Bel Aire, Kansas. Upon receipt of a permit fee, the City of Bel Aire, Kansas shall issue the permit holder a decal which shall be attached to and displayed upon the permitted watercraft. Section 4. Watercraft Dockina Watercraft with a valid City of Bel Aire watercraft permit may be docked in and upon city, state, or federal waters within the corporate limits of the City of Bel Aire, Kansas at the risk of the owner of the watercraft but must be removed from said waters for a minimum of 48 hours upon the expiration of a permit. Section 5. Watercraft Operation Watercraft with a valid City of Bel Aire watercraft permit may be operated in and upon city, state, or federal waters within the corporate limits of the City of Bel Aire, Kansas between sunrise and sunset. Said watercraft shall be operated at all times in a way to minimize inconvenience and nuisance to surrounding persons. The owner of said watercraft shall assume all liability of use and operation of the watercraft and shall hold the City of Bel Aire, Kansas harmless for personal injury and property damage. The operation of watercraft pursuant to these regulations does not exempt persons from existing Bel Aire laws prohibiting entering into and swimming or wading within or upon any city, state, or federal waters within the corporate limits of the City of Bel Aire, Kansas. A II federal and state regulations pertaining to boats, boat equipment, boating activities, safety and safety equipment or any other watercraft or watercraft equipment shall apply to all such watercraft activities and watercraft operating in and upon city, state, or federal waters within the corporate limits of the City of Bel Aire, Kansas and shall be incorporated herein and made a part hereof by reference. Adopted by the City Council this ~!t. day of ~AA~ ,199~. f , ~M!Yo'tHi;ol~ ~~i ATTEST: ~7~ CITY CL K, SHERRYL L. CUTTER