0828ORDINANCE NO. 828
OYHCI .L RECORD
AN ORDINANCE ADOPTING FEDERAl. RULES AND REGULATIONS FOR PUBLIC USE OF
GRAPEVINE LAKE RESERVOIR AREA WITHIN THE CORPORATE LIMITS OF THE CITY OF
SOUTHLAKE WITH RESPECT 'FO VEHICLES, VESSELS, AND AIRCRAFT; SWIMMING,
PICNICKING, CAMPING, HUNTING, FISHING, AND TRAPPING; SANITATION; FIRES;
CONTROL OF ANIMALS; RESTRICTIONS ON PUBLIC USE OF THE PROPERTY; EXPLOSIVES,
FIREARMS, OTHER WEAPONS, AND FIREWORKS; DESTRUCTION AND ABANDONMENT OF
PUBLIC AND PERSONAL PROPERTY; ADVERTISEMENTS AND COMMERCIAL ACTIVITIES;
PERMITS FOR STRUCTURES AND UNAUTHORIZED STRUCTURES; SPECIAL EVENTS;
UNAUTHORIZED OCCUPATION; RECREATION USE FEES; INTERFERENCE WITH
GOVERNMENT EMPLOYEES; AND APPLICATION OF OTHER FEDERAL AND STATE LAWS
AND CITY ORDINANCES; PROVIDING PENALTIES FOR THE VIOLATION OF ANY PROVISION
OF THE ORDINANCE; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL OTHER
ORDINANCES; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the federal government has declared that Grapevine Lake is open to the general public for limited ose for
~ecreational purposes; and
WHEREAS, the City Council in Southlake, Texas, deems it essential to the public health, safety and welfare of i;s
citizens aod the public generally, as well as necessary to preserve such area as a public park, to enforce roles and regulations for
the use of that portion of the Grapevine Lake Reservoir Area as lies within the corporate limits of the City of Southlake, Texas;
and
WHEREAS, Title 36, Part 327 of the Code of Federal Regulations establishes federal regulations governing the use of
water ~esources development projects such as the Grapevine Lake Reservoir Area; and
WHEREAS, the Army Corps of Engineers and the City desire the City to enforce the regulations, as well as all other
applicable federal, state, and local laws, in the Grapevine Lake Reservoir Area.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE,
TEXAS:
SECTION 1. DEFINITION
In connection with this ordinance, "Reservoir Area" shall mean all properly adjacent to and including Grapevine Lake
that ~s owned by the federal government and managed by the U.S. Army Corps of Engineers, and located within the corporate
limits of the City of Southlake, Texas.
SECTION 2. ADOPTION OF RULES AND REGULATIONS
The City hereby adopts and incorporates by reference the roles and regulations contained in Title 36, Part 327, of the
Code of Federal Regulations, 2000, as amended annually, attached as Exhibit A. The City shall be responsible for enforcing all
xuch applicable roles and regulations in the Reservoir Area, as well as all state and local laws.
SECTION 3. PENALTIES AND ENFORCEMENT
Any person or persons ;vho violate any provisions of this ordinance shall be guilty of a m~sdemeanor and shall be fined
upon conviction not less than One Dollar nor more than Two Thousand Dollars for each offense involving fire safety, zomng, or
pabhc health and sanitation, Jnclnding dumping of refuse, or Five Hundred Dollars for any other offense, and each day any
violation continues shall constitute a separate ofl'ense.
SECTION 4. SAVINGS CLAUSE
Il rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of any
ordinances affecting roles and regulations for public use of the Reservoir Area that have accrued at the time of the effective date of
this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in COtlll or
not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts.
SECTION 5. SEVERABILITY CLAUSE
It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of
this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared
tmconstitutional by the valid .judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect
any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been
enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence,
paragraph or section.
SECTION 6. CUMULATIVE CLAUSE
This ordinance shall be cumulative of all provisions of ordinances of the City of Southlake, Texas, except where the
prowsions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions
of such ordinances are hereby repealed.
SECTION 7. PUBLICATION CLAUSE
The City §ecretary of ihe City of §outhlake is hereby directed to publish the proposed ordinance or its caption and penalty
logether with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of
lhis ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeit~lre for any violation of any of its
ovtsions, then the City Secretary shall additionally publish this ordinance or its caption and penalty in the official (ity
ne;~ spapei one rune within ten clays after final passage of this ordinance, as required by Section 3.13 of the Charter of the City of
S ~
· outhlakc
SECTION 8. EFFECTIVE DATE
This ordinance shall be in full force and eft'ect from and after its passage and publication as required by law, and it is so
ordained.
EFFECTWE: ~.~5~-O ~L.
APPROVED AS TO FORM AND LEGALITY:
ATTEST:
C1T.~ SECRETARY
EXHIBIT A
TITLE 36 PARKS, FORESTS, AND PUBLIC PROPERTY
CHAPTER III- CORPS OF ENGINEERS,
DEPARTMENT OF THE ARMY
PART 327 RULES Dd~D REGULATIONS GOVERNING PUBLIC USE OF WATER RESOURCE
DEVELOPMENT PROJECTS ADMINISTERED BY THE CHIEF OF ENGINEERS--Table of Contents
Sec. 327.0 Applicability.
The regulations covered in this part 327 shall be applicable to
water resources development projects, completed or under constructfon,
administered by the Chief of Engineers, and to those portions of jointly
administered water resources development projects which are under the
administrative jurisdiction of the Chief of Engineers. All other
Federal, state and local laws and regulations remain in full force and
effect where applicable to those water resources development projects.
Sec. 327.1 Policy.
(a) It is the policy of the Secretary of the Army, acting through
the Chief of Engineers, to manage the natural, cultural and developed
resources of each project in the public interest, providing the public
with safe and healthful recreational opportunities while protecting and
enhancing these resources.
(b) Unless otherwise indicated in this part, the term ''District
Commander', shall include the authorized representatives of the District
Commander.
(c) The term ''project', or ''water resources development project',
refers to the water areas of any water resources development project
administered by the Chief of Engineers, without regard to ownership of
underlying land, to all lands owned in fee by the Federal Government and to
all facilities therein or thereon of any such water resources development
project.
(d) All water resources development projects open for public use
shall be available to the publJ, c without regard to sex, race, color,
creed, age, nationality or place of origin. NO lessee, licensee, or
concessionaire providing a service to the public shall discriminate
against any person because of sex, race, creed, color, age, nationality
or place of origin in the conduct of the operations under the lease,
license or concession contract.
(e) [lln addition to the regulations in this part 327, all applicable
Federal, state and local laws and regulations remain in full force and
effect on project lands or waters which are outgranted by the District
Commander by lease, license or other written agreement.
(f) The regulations in this part 327 shall be deemed to apply to
those lands and waters which are subject to treaties and Federal laws
and regulations concerning the rights of Indian Nations and which lands
and waters are incorporated, in whole or in part, within water resources
development projects administered by the Chief of Engineers, to the
e×t~nt that the regulations in this part 327 are not inconsistent with
such treaties and Federal laws and regulations.
(g) Any violation of any section of this part 327 shall constitute a
separate violation for each calendar day in which it occurs.
(h) For the purposes of this part 327, the operator of any vehicle,
vessel or aircraft as described in this part, shall be presumed to be
responsible for its use on project property, tn the event where an
operator cannot be determined, the owner of the vehicle, vessel, or
aircraft, whether attended or unattended, will be presumed responsible.
Page 5
gnless proven otherwise, such presumption will be sufficient to issue a
citation for the violation of regulations applicable to the use of such
vehicle, vessel or aircraft as provided for in Sec. 327.25.
(i) For the purposes of this part 327, the registered user of a
campsite, picnic area, or other facility shall be presumed to be
responsible for its use. Unless proven otherwise, such presumption will
be sufficient to issue a citation for the violation of regulations
applicable to the use of such facilities as provided for in Sec. 327.25.
Sec 32V.2 Vehicles.
(a) This section pertains to all vehicles, including, but not
limited to, automobiles, trucks, motorcycles, mini-bikes, snowmobiles,
dune buggies, all-terrain vehicles, and trailers, campers, bicycles, or
any other such equipment.
(b) Vehicles shall not be parked in violation of posted restrictions and
regulations, or in such a manner as to obstruct or impede normal or emergency
traffic movement or the parking of other vehicles, create a safety hazard, or
endangeI any person, property or environmental feature. Vehicles so parked are
subject to removal and impoundment at the owner's expense.
(c) The operation and/or parking of a vehicle off authorized
roadways is prohibited except at locations and times designated by the
District Commander. Taking any vehicle through, around or beyond a
restrictive sign, recognizable barricade, fence, or traffic control
barrier is prohibited.
(d) Vehicles shall be operated in accordance with posted
restrictions and regulations.
(e) No person shall operate any vehicle in a careless, negligent or
reckless manner so as to endanger any person, property or environmental
feature.
(f) At designated recreation areas, vehicles shall be used only to
enter or leave the area or individual sites or facilities unless
otherwise posted.
(g) Except as authorized by the District Commander, no person shall
operate any motorized vehicle without a proper and effective exhaust
muff]er as defined by state and local laws, or with an exhaust muffler
cutout open, or in any other manner which renders the exhaust muffler
ineffective in muffling the sound of engine exhaust.
(h) Vehicles shall be operated in accordance with applicable
Federal, state and local laws, which shall be regulated by authorized
enforcement officials as prescribed in Sec. 327.26.
Sec. 327 3 Vessels.
(a) This section pertains to all vessels or watercraft, including,
but not limited to, powerboats, cruisers, houseboats, sailboats,
rowboats, canoes, kayaks, personal watercraft, and any other such
equipment capable of navigation on water or ice, whether in motion or at rest.
{b) The placement and/or operation of any vessel or watercraft for a fee
or profit upon project waters or lands is prohibited except as
authorized by permit, lease, license, or concession contract with the
Department of the Army. This paragraph shall not apply to the operation
of commercial tows or passenger carrying vessels not based at a Corps
project which utilize project waters as a link in continuous transit
over navigable waters of the United States.
(C) Vessels or other watercraft may be operated on the project
waters, except in prohibited or restricted areas, in accordance with
posted regulati, ons and restrictions, including buoys. All vessels or
watercraft so required by applicable Federal, state and local laws shall
display an appropriate registration on board whenever the vessel is on project
(d) No person shall operate any vessel or other watercraft in a
care]ess, negligent, or reck]ess manner so as to endanger any person,
Page 6
property, or environmental feature.
(e) Ail vessels, when on project waters, shall have safety
equipment, including personal flotation devices, on board in compliance
with U.S. Coast Guard boating safety requirements and in compliance with
boating safety laws issued and enforced by the state in which the vessel is
located. Owners or operators of vessels not in compliance with this section
may be ]equested to remove the vessel immediately from project waters until
such t~me as items of non compliance are corrected.
(f) Unless otherwise permitted by Federal, state or local law,
vessels or other watercraft, while moored in commercial facilities,
community or corporate docks, or at any fixed or permanent mooring
point, may only be used for overnight occupancy when such use is
incidental to recreational boating. Vessels or other watercraft are not
to be used as a place of habitation or residence.
(g) Water skis, parasails, ski kites and similar devices are
permitted in nonrestricted areas except that they may not be used in a
careless, negligent, or reckless manner so as to endanger any person,
property or environmental feature.
(h} Vessels shall not be attached or anchored to structures such as
locks, dams, buoys or other structures unless authorized by the District
Commander. Ali vessels when not in actual use shall be removed from project
lands and waters unless securely moored or stored at designated areas approved
by the District Commander. The placing of floating or stationary mooring
facilities on, adjacent to, or interfering with a buoy, channel marker or
other navigational aid is prohibited.
{i) The use at a project of any vessel not constructed or maintained in
compliance with the standards and requirements established by the Federal Safe
Boating Act of 1971 (Pub. L. 92-75, 85 Stat. 213), or promulgated pursuant to
such act, is prohibited.
(j) Except as authorized by the District Commander, no person shall
operate any vessel or watercraft without a proper and effective exhaust
muffler as defined by state and local laws, or with an exhaust muffler
cutout open, or in any other manner which renders the exhaust muffler
ineffective in muffling the sound of engine exhaust.
(k) All vessels or other watercraft shall be operated in accordance
with applicable Federal, state and local laws, which shall be regulated
by authorized enforcement officials as prescribed in Sec. 327.26.
Sec. 327.4 Aircraft.
(a) This section pertains to all aircraft including, but not limited to,
airplanes, seaplanes, helicopters, ultra-light aircraft, motorized hang
gliders, hot air balloons, any non-powered flight devices or any other such
equipment.
(b) The operation of aircraft on project lands at locations other
than those designated by the District Commander is prohibited. This
provision sha]l not be applicable to aircraft engaged on official
business of Federal, state or local governments or law enforcement
agencies, aircraft used in emergency rescue in accordance with the
directions of the District Commander or aircraft forced to land due to
circumstances beyond the control of the operator.
(c) No person shall operate any aircraft while on or above project
waters or project lands in a careless, negligent or reckless manner so
as to endanger any person, property or environmental feature.
{d) Nothing in this section bestows authority to deviate from rules
and regulations or prescribed standards of the appropriate State
Aeronautical Agency, or the Federal Aviation Administration, including,
but not [limited to, regulations and standards concerning pilot
certifications or ratings, and airspace requirements.
(e) Except in extreme emergencies threatening human life or serious
property loss, the air delivery or retrieval of any person, material or
equipment by parachute, balloon, helicopter or other means onto or from
project ilands or waters without written permission of the District
Page 7
Commander is prohibited.
(f) In addition to the provisions in paragraphs (a) through (e) of
this section, seaplanes are subject to the following restrictions:
(1) Such use is limited to aircraft utilized for water landings and
takeoff, Jn this part called seaplanes, at the risk of owner, operator
and passenger(s) ~
(2) Seaplane operations contrary to the prohibitions or restrictions
established by Ehe District Commander {pursuanE to part 328 of this title) are
prohibited. The responsibility to ascertain whether seaplane operations are
prohibited or restricted is incumbent upon the person(s) contemplating the use
of, or using, such waters.
(3) All operations of seaplanes
in accordance with U.S. Coast Guard
vessels and Sec. 327.3.
(4) Seaplanes on project waters
shall be securely moored at mooring
permitted by the District Commander
project waters and lands, except in
while upon project waters shall be
navigation rules for powerboats or
and lands in excess of 24 hours
facilities and at locations
· Seaplanes may be temporarily moored on
areas prohibited by the District
Commander, for periods less than 24 hours providing:
(i) The mooring is safe, secure, and accomplished so as not to
damage the rights of the Government or members of the public, and
(ii) The operator remains in the vicinity of the seaplane and
reasonably available to relocate the seaplane if necessary.
(5) Commercial operation of seaplanes from project waters is
prohLbited without written approval of the District Commander following
consultation with and necessary clearance from the Federal Aviation
Administration (FAA) and other appropriate public authorities and
affected interests.
(6) Seaplanes may not be operated at Corps projects between sunset
and sunrise unless approved by the District Commander.
Sec. 327.5 Swimming.
(a) Swimming, wading, snorkeling or scuba diving at one's own risk
is permitted, except at launching sites, designated mooring points and
public docks, or other areas so designated by the District Commander.
(b) An international diver down, or inland diving flag must be
displayed during underwater activities.
(c) Diving, jumping or swinging from trees, bridges or other
structures which cross or are adjacent to project waters is prohibited.
Sec. 327.6 Picnicking.
Picnicking and related day use activities are permitted, except in
those areas where prohibited by the District Commander.
Sec. 327.7 Camping.
(a) Camping is permitted only at sites and/or areas designated by
the District Commander.
(b) Camping at one or more campsites at any one water resource
project for a period longer than 14 days during any 30 consecutive day
period is prohibited without the written permission of the District
C0mmande ~,
(c) The unauthorized placement of camping equipment or other items
on a campsite and/or personal appearance at a campsite without daily
occupancy for the purpose of reserving that campsite for future
occupancy is prohibited.
(d) The digging or leveling of any ground or the construction of any
structure without written permission of the District Commander is
prohibi ted.
(e) Occupying or placement of any camping equipment at a campsite
Page 8
which is posted or otherwise marked or indicated as ''reserved'' without an
authorized reservation for that site is prohibited.
Sec!. 32'7.8 Hunting, fishing, and trapping.
{a) Hunting is permitted except in areas and during periods where
prohibited by the District Commander.
(b) Trapping is permitted except in areas and during periods where
prohibited by the District Commander.
(c) Fishing is permitted except in swimming areas, on boat ramps or
other areas designated by the District Commander.
(d) Additional restrictions pertaining to these activities may be
established by the District Commander.
(e) Ail applicable Federal, State and local laws regulating these
activities apply on project lands and waters, and shall be regulated by
authorized enforcement officials as prescribed in Sec. 327.26.
Sec. 327.9 Sanitation.
(a) Garbage, trash, rubbish, litter, gray water, or any other waste
material or waste liquid generated on the project and incidental to
authorized recreational activities shall be either removed from the
project or deposited in receptacles provided for that purpose. The
improper disposal of such wastes, human and animal waste included, on
the project is prohibited.
(b) It is a violation to bring onto a project any household or
commercial garbage, trash, rubbish, debris, dead animals or litter of
any kind for disposal or dumping without the written permission of the
District Commander. For the purposes of this section, the owner of any
garbage, trash, rubbish, debris, dead animals or litter of any kind
shall be presumed to be responsible for proper disposal. Such
presumption will be sufficient to issue a citation for violation.
(c) The spilling, pumping, discharge or disposal of contaminants,
pollutants or other wastes, including, but not limited to, human or
animal waste, petroleum, industrial and commercial products and by-
products, on project lands or into project waters is prohibited.
(d) Campers, picnickers~ and all other persons using a water
resources development project shall keep their sites free of trash and
litter during the period of occupancy and shall remove all personal
equipment and clean their sites upon departure.
(e) The discharge or placing of sewage, galley waste, garbage,
refuse, or pollutants into the project waters from any vessel or
watercraft is prohibited.
Sec. 32710 Fires.
(a) Gasoline and other fuels, except that which is contained in
storage tanks of vehicles, vessels, camping equipment, or hand portable
containers designed for such purpose, shall not be carried onto or
stored on the project without written permission of the District
Commander.
(b} Fires shall be confined to those areas designated by the
District Commander, and shall be contained in fireplaces, grills, or
other facilities designated for this purpose. Fires shall not be left
unattended and must be completely extinguished prior to departure. The
burning of materials that produce toxic fumes, including, but not
limited to, tires, plastic and other floatation materials or treated
wood products is prohibited. The District Commander may prohibit open
burning of any type for environmental considerations.
(c) Improper disposal of lighted smoking materials, matches or other
burning material is prohibited.
Sec. 327.11 Control of animals.
Page 9
(a) No person shall bring or allow dogs, cats, or other pets into
developed recreation areas or adjacent waters unless penned, caged, on a leash
under s~x feet in length, or otherwise physically restrained. NO person shall
allow animals to impede or restrict otherwise full and free use of project
lands and waters by the public. NO person shall allow animals to bark or emit
other noise which unreasonably disturbs other people. Animals and pets, except
properly trained animals assisting those with disabilities (such as seeing-eye
dogs}, are prohibited in sanitary facilities, playgrounds, swimming beaches
and any other areas so designated by the District Commander. Abandonment of
any animal on project lands or waters is prohibited. Unclaimed or unattended
animals are subject to immediate impoundment and removal in accordance with
state and local laws.
(b) Persons bringing or allowing pets in designated public use areas shall
be responsible for proper removal and disposal of any waste
produced by these animals.
(c) NO person shall bring or allow horses, cattle, or other
livestock in camping, picnicking, swimming or other recreation areas or
on trails except in areas designated by the District Commander.
(d) Ranging, grazing, watering or allowing livestock on project
lands and waters is prohibited except when authorized by lease, license
or other written agreement with the District Commander.
(e) Unauthorized livestock are subject to impoundment and removal in
accordance with Federal, state and local laws.
(f) Any animal impounded under the provisions of this section may be
confined at a location designated by the District Commander, who may
assess a reasonable impoundment fee. This fee shall be paid before the
impounded animal is returned to its owner(s}.
(g) Wild or exotic pets and animals (including but not limited to
cougars, lions, bears, bobcats, wolves, and snakes), or any pets or
animals displaying vicious or aggressive behavior or otherwise posing a
threat to public safety or deemed a public nuisance, are prohibited from
project [ands and waters unless authorized by the District Commander, and are
subject to removal in accordance with Federal, state and local laws.
Sec. 327.11 Control of animals.
(a) No person shall bring or allow dogs, cats, or other pets into
developed recreation areas or adjacent waters unless penned, caqed, on a leash
under six feet in length, or otherwise physically restrained. N~ person shall
allow animals to impede or restrict otherwise full and free use of project
lands and waters by the public. No person shall allow animals to bark or emit
other noise which unreasonably disturbs other people. Animals and pets, except
properly trained animals assisting those with disabilities (such as seeing-eye
dogs), are prohibited in sanitary facilitles, playgrounds, swimming beaches
and any other areas so designated by the District Commander. Abandonment of
any animal on project lands or waters is prohibited. Unclaimed or unattended
animals are subject to immediate impoundment and removal in accordance with
state and loca[ laws.
(b) Persons bringing or allowing pets in designated public use areas shall
be responsible for proper removal and disposal of any waste
produced by these animals.
(c) No person shall bring or allow horses, cattle, or other
livestock in camping, picnicking, swimming or other recreation areas or
on trails except in areas designated by the District Commander.
(d) Ranging, grazing, watering or allowing livestock on project
laeds and waters is prohibited except when authorized by lease, license
or other written agreement with the District Commander.
(e) Unauthorized livestock are subject to impoundment and removal in
accordance with Federal, state and local laws.
(f) Any animal impounded under the provisions of this section may be
confined at a location designated by the District Commander, who may
Page 10
assess a reasonable impoundment fee. This fee shall be paid before the
impounded animal is returned to its owner(s) ~
(g) Wild or exotic pets and animals (including but not limited to
cougars, lions, bears, bobcats, wolves, and snakes), or any pets or
animals displaying vicious or aggressive behavior or otherwise posing a
threat to public safety or deemed a public nuisance, are prohibited from
project ]ands and waters unless authorized by the District Commander, and are
subject to removal in accordance with Federal, state and local laws.
Sec. 32'*.12 NestrJctions.
(a) The District Commander may establish and post a schedule of
visiting hours and/or restrictions on the public use of a project or
portion of a project. The District Commander may close or restrict the
use of a project or portion of a project when necessitated by reason of
public health, public safety, maintenance, resource protection or other
reasons in the public interest. Entering or using a project in a manner
which is contrary to the schedule of visiting hours, closures or
restrictions is prohibited.
(b) Quiet shall be maintained in all public use areas between the
hours of 10 p.m. and 6 a.m., or those hours designated by the District
Commander. Excessive noise during such times which unreasonably disturbs
persons is prohibited.
(c) Any act or conduct by any person which interferes with, impedes
or disrupts the use of the project or impairs the safety of any person
is prohibited. Individuals who are boisterous, rowdy, disorderly, or
otherwise disturb the peace on project lands or waters may be requested
to leave the project.
(d) The operation or use of any sound producing or motorized
equipment, including but not limited to generators, vessels or vehicles, in
such a manner as to unreasonably annoy or endanger persons at any time or
exceed state or local laws governing noise levels from motorized equipment is
prohibited.
{e) The possession and/or consumption of alcoholic beverages on any
portion of the project land or waters, or the entire project, may be
prohibited when designated and posted by the District Commander.
(f} Unless authorized by the District Commander, smoking is
prohibited in Visitor Centers, enclosed park buildings and in areas posted to
restrict
smoking.
Sec. 327 13 Explosives, firearms, other weapons and fireworks.
(a) The possession of loaded firearms, ammunition, loaded projectile
firing devices, bows and arrows, crossbows, or other weapons is prohibited
Il) lln the possession of a Federal, state or local law enforcement
officer;
(2) Being used for hunting or fishing as permitted under Sec. 327.8, with
devices being unloaded when transported to, from or between hunting and
fishing sites;
(3) Being used at authorized shooting ranges; or
(4) Written permission has been received from the District
Commande~.
(b) Possession of explosives or explosive devices of any kind,
including fireworks or other pyrotechnics, is prohibited unless written
permission has been received from the District Commander.
Sec. 327.14 Public property.
(a) Destruction, injury, defacement, removal or any alteration of
public pIoperty including, but not limited to, developed facilities,
natural formations, mineral deposits, historical and archaeological
Page 11
features, paleontological resources, boundary monumentation or markers
and vegetative growth, is prohibited except when in accordance with
written permission of the District Commander.
(b) Cutting or gathering of trees or parts of trees and/or the
removal of wood from project lands is prohibited without written
permission of the District Commander.
(c) Gathering of dead wood on the ground for use in designated
recreation areas as firewood is permitted, unless prohibited and posted
by the ID]strict Commander.
(d) The use of metal detectors is permitted on designated beaches or other
previously disturbed areas unless prohibited by the District
Commander for reasons of protection of archaeological, historical or
paleontological resources. Specific information regarding metal detector
policy and designated use areas is available at the Manager,s Office. Items
found must be handled in accordance with Secs. 327.15 and 327.16 except for
non identifiable items such as coins of value less than $25.
Sec. 327.15 Abandonment and impoundment of personal property.
(a) Personal property of any kind shall not be abandoned, stored or
left unattended upon project lands or waters. After a period of 24
hours, or at any time after a posted closure hour in a public use area
or for the purpose of providing public safety or resource protection,
unattended personal property shall be presumed to be abandoned and may
be impounded and stored at a storage point designated by the District
Commander, who may assess a reasonable impoundment fee. Such fee shall
be paid before the impounded property is returned to its owner.
(b) Personal property placed on Federal lands or waters adjacent to
a private residence, facility and/or developments of any private nature
for more than 24 hours without permission of the District Commander
shall be presumed to have been abandoned and, unless proven otherwise,
such presumption will be sufficient to impound the property and/or issue a
citation as provided for in Sec. 327.25.
(c) The District Commander shall, by public or private sale or
otherwise, dispose of all lost, abandoned or unclaimed personal property that
comes into Government custody or control. However, property may not be
disposed of until diligent effort has been made to find the owner, heirs, next
of kin or legal representative(s). If the owner, heirs, next of kin or legal
representative{s) are determined but not found, the property may not be
disposed of until the expiration of 120 days after the date when notice,
giving the time and place of the intended sale or other disposition, has been
sent by certified or registered mail to that person at the last known address.
When diligent efforts to determine the owner, heirs, next of kin or legal
representative(s) are unsuccessful, the property may be disposed of without
de]ay except that if it has a fair market value of $100 or more the property
may not be disposed of until 90 days after the date it
is received at the storage point designated by the District Commander.
The net proceeds from the sale of property shall be conveyed into the
Treasury of the United States as miscellaneous receipts.
Sec. 327 16 Lost and found articles.
Ail articles found shall be deposited by the finder at the Manager's
office or with a ranger. Ail such articles shall be disposed of in accordance
with the procedures set forth in Sec. 327.15.
Sec. 327 16 Lost and found articles.
Ail articles found shall be deposited by the finder at the Manager's
office or with a ranger. All such articles shall be disposed of in accordance
with the procedures set forth in Sec. 327.15.
Sec. 327 17 Advertisment.
Page 12
(a) Advertising and Ehe distribution of printed matter is allowed
within project land and waters provided that a permit to do so has been
issued by the District Commander and provided that this activity is not
solely commercial advertlslng.
(b) An application for such a permit shall set forth the name of the
applicant, the name of the organization (if any), the date, time,
duration~ and location of the proposed advertising or the distribution
of printed matter, the number of participants, and any other information
required by the permit application form. Permit conditions and procedures are
available from the District Commander.
(c) Vessels and vehicles with semipermanent or permanent painted or
installed signs are exempt as long as they are used for authorized
recreational activities and comply with all other rules and regulations
pertaining to vessels and vehicles.
(d) The District Commander shall, without unreasonable delay, issue
a permit on proper application unless:
(1) A prior application for a permit for the same time and location
has been made that has been or will be granted and the activities
authorized by that permit do not reasonably allow multiple occupancy of
the particular area; or
(2) It reasonably appears that the advertising or the distribution
of printed matter wil] present a clear and present danger to the public
health and safety; or
(3) The number of persons engaged in the advertising or the
distribution of printed matter exceeds the number that can reasonably be
accommodated in the particular location applied for, considering such things
as damage to project resources or facilities, impairment of a protected area's
atmosphere of peace and tranquility, interference with program activities, or
impairment of public use facilities; or
(4} The location applied for has not been designated as available
for the advertising or the distribution of printed matter; or
(5) The activity would constitute a violation of an applicable law
or regulation.
(e) If a permit is denied, the applicant shall be so informed in
writing, with the reason{s) for the denial set forth.
(f) The District Commander shall designate on a map, which shall be
available for inspection in the applicable project office, the locations
within the project that are available for the advertising or the distribution
of printed matter. Locations may be designated as not
available only if the advertising or the distribution of printed matter
would:
(1) Cause injury or damage to project resources; or
(2) Unreasonably impair the atmosphere of the peace and tranquility
maintained in natural, historic, or commemorative zones; or
(3) Unreasonably interfere with interpretive, visitor service, or
other program activities, or with the administrative activities of the
Corps of Engineers; or
{4) Substantially impair the operation of public use facilities or
services of Corps of Engineers concessioners or contractors.
{5) Present a clear and present danger to the public health and
safety.
(g) The permit may contain such conditions as are reasonably
consistent with protection and use of the project area for the purposes
for which it is established.
(h) No permit shall be issued for a period in excess of 14
consecutive days, provided that permits may be extended for like periods, upon
a new application, unless another applicant has
requested use of the same location and multiple occupancy of that
location is not reasonably possible.
(i) It is prohibited for persons engaged in the activity under this
section to obstruct or impede pedestrians or vehicles, harass project
visitors with physical contact or persistent demands, misrepresent the
Page 13
purposes or affiliations of those engaged in the advertising or the
distribution of printed matter, or misrepresent whether the printed
matter ~s available without cost or donation.
(j) A permit may be revoked under any of those conditions, as listed
in paragraph {d) of this section, that constitute grounds for denial of
a permit, or for violation of the terms and conditions of the perm,t.
Such a revocation shall be made in writing, with the reason(s) for
revocation clearly set forth, except under emergency circumstances, when
an immediate verbal revocation or suspension may be made, to be followed
by written confirmation within 72 hours.
(k) Violation of the terms and conditions of a permit issued in
accordance with this section may result in the suspension or revocation
of the permit.
Sec. 327.18 Commercial activities.
(a) The engaging in or solicitation of business on project land or
waters without the express written permission of the District Commander
is prohibited.
(b) It shall be a violation of this part to refuse to or fail to
comply with any terms, clauses or conditions of any lease, license or
agreements issued by the District Commander.
Sec. 327.19 Permits.
(a) It shall be a violation of this part to refuse to or fail to
comply with the fee requirements or other terms or conditions of any
permit issued under the provisions of this part 327.
(b) Permits for floating structures (issued under the authority of
Sec. 327.30) of any kind on/in waters of water resources development
projects, whether or not such waters are deemed navigable waters of the
United States but where such waters are under the management of the
Corps of Engineers, shall be issued at the discretion of the District
Commander under the authority of this section. District Commanders will
delineate those portions of the navigable waters of the United States
where th,s provision is applicable and post notices of this designation
in the vicinity of the appropriate Manager,s office.
(c) Permits for non-floating structures (issued under the authority
of Sec. 327.30) of any kind constructed, placed in or affecting waters
of water resources development projects where such waters are deemed
navigable waters of the U.S. shall be issued under the provisions of
section l0 of the Rivers and Harbors Act approved March 3, 1899 (33
U.S.C. 403). If a discharge of dredged or fill material in these waters
is involved, a permit is required under section 404 of the Clean Water
Act {33 U.S.C. 1344). (See 33 CFR parts 320 through 330.)
(d) Permits for non-floating structures (issued under the authority
of Sec. 327.30) of any kind in waters of water resources development
projects, where such waters are under the management of the Corps of
Engineers and where such waters are not deemed navigable waters of the
United States, shall be issued as set forth in paragraph (b) of this
sect]on. If a discharge of dredged or fill material into any water of
the United States is involved, a permit is required under section 404 of the
Clean Water Act (33 U.S.C. 1344) (See 33 CFR parts 320 through 330). Water
quality certification may be required pursuant to Section 401 of the Clean
Watei Act (33 U.S.C. 1341).
(e) Shoreline Use Permits to authorize private shoreline use
facilities, activities or development (issued under the authority of
Sec. 327.30) may be issued in accordance with the project Shoreline
Management Plan. Failure to comply with the permit conditions issued
under Sec. 327.30 is prohibited.
Sec. 327.20 Unauthorized structures.
Page 14
The construction, placement, or existence of any structure
/including, but not limited to, roads, trails, signs, non-portable hunting
stands or blinds, buoys, docks, or landscape features) of any kind under,
upon, in or over the project lands, or waters is prohibited unless a permit,
lease, ]iceuse or other appropriate written authorization has been issued by
the Ois~r~ct Commander. The design, construction, placement, existence or use
of structures in violation of the terms of the permit, lease, license, or
other written authorization is prohibited. The government shall not be liable
for the loss of, or damage to, any private structures, whether authorized or
not, placed on project lands or waters. Unauthorized structures are subject to
summary removal or impoundment by the District Commander. Portable hunting
stands, climbing devices, steps, or blinds, that are not nailed or screwed
into trees and are removed at the end of a day's hunt may be used.
Sec. 327.21 Special events.
(a) Special events including, but not limited to, water carnivals,
boat regattas, fishing tournaments, music festivals, dramatic
presentations or other special recreation programs are prohibited unless
written permission has been granted by the District Commander. Where
appropriate, District Commanders can provide the state a blanket letter of
permission to permit fishing tournaments while coordinating the scheduling and
details of tournaments with individual projects. An
appropriate fee may be charged under the authority of Sec. 327.23.
(b) The public shall not be charged any fee by the sponsor of such
event unless the District Commander has approved in writing (and the
sponsor has properly posted) the proposed schedule of fees. The District
Commander shall have authority to revoke permission, require removal of any
equipment, and require restoration of an area to pre event condition, upon
failure of the sponsor to comply with terms and
conditions of the permit/permission or the regulations in this part 327.
Sec. 327.22 Unauthorized occupation.
(a) Occupying any lands, buildings, vessels or other facilities
within water resource development projects for the purpose of
maintaining the same as a full-or part-time residence without the
written permission of the District Commander is prohibited. The
provisions of this section shall not apply to the occupation of lands
for the purpose of camping, Jn accordance with the provisions of
Sec. 327.7.
(b) Use of project lands or waters for agricultural purposes is
prohibited except when in compliance with terms and conditions
authorized by ]ease, license or other written agreement issued by the
District Commander.
Sec. 327 23 Recreation use fees.
(a) lin accordance with the Land and Water Conservation Fund Act of
]965 (16 U.S.C. 4601) and the Omnibus Budget Reconciliation Act of 1993, Pub.
L. 103-66, the Corps of Engineers collects day use fees, special recreation
use fees and/or special permit fees for the use of
specialized sites, facilities, equipment or services related to outdoor
recreation furnished at Federal expense.
(b) Where such fees are charged, the District Commander shall insure that
clear notice of fee requirements is prominently posted at each area, and at
appropriate locations therein and that the notice be
included in publications distributed at such areas. Failure to pay
authorized recreation use fees as established pursuant to Pub. L. 88-
578, 78 Stat. 897, as amended (16 U.S.C. 4601 6a) , is prohibited and is
punishable by a fine of not more than $100.
~c) Failure to pay aushor]zed day use fees, and/or properly display
Page 15
applicable receipt, permit or pass is prohibited.
(d) Any Golden Age or Golden Access Passport permittee shall be
entitled, upon presentation of such a permit, to utilize special
recreation facilities at a rate of 50 percent off the established use
fee at Federally operated areas. Fraudulent use of a Golden Age or
Golden Access Passport is prohibited.
Sec. 327.24 Interference with Government employees.
(a) It is a Federal crime pursuant to the provisions of sections 111 and
1114 of Title 18, United States Code, to forcibly assault, resist, oppose,
impede, intimidate, or interfere with, attempt to kill or kill any civilian
official or employee for the U.S. Army Corps of Engineers engaged in the
performance of his or her official duties, or on account of the performance of
his or her official duties. Such actions or interference directed against a
Federal employee while carrying out the regulations in this part are violation
of such regulations and may be a state crime pursuant to the laws of the state
where they occur.
(b) Failure to comply with a lawful order issued by a Federal
employee acting pursuant to the regulations in this part shall be
considered as interference with that employee while engaged in the
performance of their official duties. Such interference with a Federal
employee includes failure to provide a correct name, address or other
information deemed necessary for identification upon request of the
Federal employee, when that employee is authorized by the District
Commander to issue citations in the performance of the employee's
official duties.
Secs. 327.27 -327.29 [ReserYed]
Page 16
INVOICE
Star-Telegram Customer ID: CIT57
400 W.7th Street Invoice Number: 218009861
FORT WORTH,TX 76102
(817)390 7761 Invoice Date: 8/25/02
Federal Tax ID 22-3148254 Terms: Net due in 21 days
Due Date: 8/31/02
Bill To: PO Number:
CITY OF SOUTHLAKE
1400 MAIN ST Order Number: 21800986
STE 440 Sales Rep: 073
SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA
Publication Date: 8/25/02
ig pfi n , La.,. ..... Cal ,: D+, h + ,
CITY OF SOUTHLA SouTl`IaYK TExAs 4 I3580 1 110 110 LINE $7.09 $779.90
ORDINANCE NO.828
AN ORDINANCE
ADOPTING FEDER-
Sales Discount AL RULES AND ($690.80)
REGULATIONS FOR
PUBLIC USE OF
GRAPEVINE LAKE
RESERVOIR AREA
WITHIN THE COR-
PORATE LIMITS OF
THE CITY OF Net Amount: $89.10
SOUTHLAKE WITH
RESPECT TO VEHI-
CLES, VESSELS,
AND AIRCRAFT;
SWIMMING, PIC-
NICKING CAMPING
HUNTING FISHING
AND TRAPPING
SANITATION'FIRES
CONTROL of ANI-
MALS' RESTRIC-
UOE ON
PUB THE
S
PROPERTY; EX-
PLOSIVES, FIRE-
ARMS, OTHER
REWORKS; AND
DE--
STRUCTION ABANDONMENT OF
PUBLIC AND PER-
I SONAL PROPERTY'
ADVERTISEMENTS`
• AND COMMERCIAL
THE STATE OF TE ACTIVITIES; PER-
MITS FOR STRUC-
County of Tarrant TURES AND UNAU-
THORIZED STRUC-
TURES' SPECIAL
EVENTS' UNAU-
Before me,a Notary ' PANONED RECRE-Inty and State,this day personally appeared KAREN WILLIAMS, Bid and Legal Coordinator
for the Star-Telegram, N TTOE R F SE FEE .
E R E N CSt'legram, Inc.at Fort Worth,in Tarrant County,Texas;and who,after being duly sworn,did depose and say
that the attached clipp WITH
NT EMPLOYEES-vas published in the above named paper on the liste dates: BIDS est LEGALS DEPT. STAR TELEGRAM
(B l 7) 390-7182. AND APPHER FEDER- 1\ f /�. / ^
OF OTHER C E S;CATION
,...44()
� / Al—t---
V vIl// J\AL AND STATEl \l `
LAWS AND CITY
PROVIDINGNPENAL-1 Signed
TIES FOR THE VIO-
SUBSCRIBED AND SV CATION PROVISION
ANY I
OF THE THIS Friday,August 2.
ORDINANCE; PRO-
VIDING ; SAVINGS • ���
PROVID-
ING A SEVERAOBILI- Notary Public . LA TY CLAUSE PRO-
VIDING THAT THIS
ORDINANCE SHALL
BE CUMULATIVE OF
ALL OTHER ORDI- ", ---
NANCES' PRONTO- ,,,,O-Y-47.• CHRISTY L. HOLLAND
, ING FOR PUBLICA- 'is-
¢';
Thank You For TION IN THE OFFI-
CIAL F '`' MY COMMISSION EXPIRES
NEWSPAPER' `j��
AND PROVIDING AN
`.
EFFECTIVE DATE. _ 'I: `,__,J,ULy.,34_2{,}g4_
SECTION — — __
---
PENALTIES AND
Any person or persons
who violate any pro-
visions of this ordi-
Remit To: Star onance shall f a misdemeanor and Customer ID: CIT57
shall be fined upon
P.0. 1 than One Dollar nor Customer Name: CITY OF SOUTHLAKE
more than Two
FOR] each offense involving '6101-2051 Invoice Number: 218009861
fire safety, zoning, or
public health and
sanitation, including Invoice Amount: $89.10
dumping of refuse,or
Five Hundred Dollars
for any other offense, PO Number:
and each day. any
violation continues i
shallconstitutea Amount Enclosed: 1$
separate
offense
arate oense.
PASSED AND AP-
PROVED THIS THE
20th DAY OF RU-
DUR-
ING TTHEOR2EGULAR
CITY COUNCIL
MEETING.
MAYOR: Rick Stacy
ATTEST. Kim,/--
Acting City Secr
,
APPROVED
FORM: E. 0
INVOICE
Star-Telegram Customer ID: CIT57
400 W.7th Street Invoice Number: 217508631
FORT WORTH,TX 76102
(817)390 7761 Invoice Date: 8/9/02
Federal Tax ID 22-3148254 Terms: Net due in 21 days
Due Date: 8/31/02
Bill To: PO Number:
CITY OF SOUTHLAKE
1400 MAIN ST Order Number: 21750863
STE 440 Sales Rep: 073
SOUTHLAKE, TX 76092-7604 Description: NOTICE OF PUBLI
Publication Date: 8/9/02
NOTICE GI Pa°mA°aiNa G Notic I3580 1 122 122 LINE $6.63 $808.86
Ice le hereby given
Nbovt he 17v Cobrfcll of
T.City of Southl�lk ,
Sales Disco Theadnn'g thwill bep hold ($710.04)
on *et 20, 2002,
at 6:v0oo p.m. or Im-
mediately following
the Work Session,
during the Regular
City Council Meeting
to be held In the City Net Amount: $98.82
Council Chambers of
Town Hall, 1400 Main
Street, Southlake,
Texas.
Purpose of the public
hearing Is to consider
the second reading of
the following ordl-
nance:
ORDINAANCE NO.
628
AN ORDINANCE
ADOPTING FEDER-
AL
RERATItila Fg
NAME viol FLEA lECEEIVE
PORATE L MIT 94
SOuTH�K. WITH AUG 2 6 2002
RE PE T O VEHI-
CLES, VESSELS,
THE STA" AND AIRCRA
SWIMMING, PIC-
County Of NICKING CAMPIN
FISHIN��GGGG++
AND TRAPPING OFFICE OF CITY SECRETARY
SANITATION FIRES
Before me, CONTROL of ANI- for said County and State,this day personally appeared KAREN WILLIAMS, Bid and-LW-CUM inator
MALE RESTRIC-
for the Stai TIONS ON PUBLIC€y the Star-Telegram, Inc.at Fort Worth, in Tarrant County,Texas;and who,after being duly sworn,did depose and say
that the att pROPERTOV; TEX-vertisement was published in th above named paper on the listed dates: BIDS&LEGALS DEPT. STAR TELEGRAM
(817) 39C ARMSVES, OFIRE- A ,..„...,.‘
WEAPONS ANDFIREWORilS; DE- \V^`J`STRUCTION AND Signed
ABANDONMENT OF g
PUBLIC AND PER-
SONAL PROPERTY•
SUBSCRIB ADVERTISEMENTS;EFORE ME, THIS Thursday,Au st 15,1 �
I002.•
AND COMMERCIAL
ACTIVITIES; PER-
MITS FOR STRUC- ✓k-
TURES AND UNAU-
THORIZED STRUC- Notary Public
TURES SPECIAL - __
EVENT UNAU-
THORIZED OCCU- ^,n VICKI L.WASON
PATION; RECRE-
ATION USE FEES, rs ` MY COMMISSION EXPIRES
INTERFERENCE
Thank YI MENT EMPLOYEES' ment AUGUST 28,2004
AND APPLICATION 1 ,---
OF OTHER FEDER-
AL AND STATE
LAWS AND CITY
ORDINANCES;
PROVIDING PENAL-
TIES FOR THE VIO-
LATION OF ANY
PROVISION OF THE
Remit To VOIDING A SAVINGS Customer ID: CIT57
ING A SEVEROBID ALI-
V DI GATHA•Y PRO-T 51 Customer Name: CITY OF SOUTHLAKE
BE CUMULATIVE OF H,TX 76101-2051 Invoice Number: 217508631
ALL OTHER ORDI-
NFbB° AIG o PROVID-
ING Invoice Amount: $98.82
TION IN THE OFFI-
CIAL NEWSPAPER
AND PROVIDING AN PO Number:
EFFECTIVE DATE.
SECTION 3. P _..-___ ,.., . ..
PENALTIES AND Amount Enclosed:
ENFORCEMENT
Any person or persons
who violate any pro-
visions of this ordi-
nance shall be guilty
of a misdemeanor and
shall be fined upon
conviction not less
than One Dollar nor
more--�than Two