Ordinance 2002-45
ORDINANCENO.~-~~
AN ORDINANCE OF THE CITY OF ~'YLIE, TEXAS ESTABLISHING
WATER ZONING RULES AND REGULATIONS FOR ALL PORTIONS OF
LAKE LA VON LOCATED WITHIN THE CORPORATE LIMITS OF THE
CITY OF WYLIE, TEXAS; PROVIDING FOR A PENALTY FOR THE
VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING,
SAVINGS AND SEVERABILITY CLAUSE~, PROVIDING FOR AN
EFFECTIVE DATE OF THIS ORDINANCl:; AND PROVIDING FOR THE
PUBLICATION OF THE CAPTION THEREOF.
WHEREAS, the City Council of the City of Wylie, Texas ("City Council ") has investigated
and determined that it will be advantageous and beneficial to the City of Wylie, Texas ("Wylie") and
its inhabitants to establish water zoning rules and regulations for all portions of Lake Lavon located
within the corporate limits of the Wylie; and
WHEREAS, the City Council finds that it is necessary for the protection and safety of the
citizens of Wylie to establish water zoning rules an(1 regulations for all portions of Lake Lavon
located within the corporate limits of Wylie.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS:
SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the
body of this Ordinance as if fully set forth herein.
SECTION 2: Public Launching Sites. Each of the public launching sites including, but not
limited to, East Fork Park, East Fork Marina, Avalon Park, Lavonia Park, Mallard Park, Little Ridge
Park and Pebble Beach Park, on Lake Lavon, City of Wylie, Collin County, are zoned "No Wake
Areas" and will be properly identified as such, by placement of at least two (2) "can" type buoys
displaying "No Wake" encircled, two hundred (200) feet out from the launching ramps and two
hundred (200) feet apart.
All public launching sites are zoned "No Swimming Areas" and will be identified as such by
placement of a sign which reads "Swimming and Bathing Prohibited in Approaches to or on the Boat
Ramps" or equivalent at each launching site.
SECTION 3: Watercraft Prohibited. Each ofthe swimming areas on Lake Lavon, City of
Wylie, Collin County, including, but not limited to Little Ridge, East Fork, Avalon, Mallard and
Pebble Beach Parks are zoned "No Boating Area" and will be identified as such by placement of
"can" type buoys marked "Swimming Area - Keep Out" two hundred (200) feet out and along the
perimeter of the swimming area which will be further identified by placement ofa "capsule" buoy line
outlining the perimeter of the designated swimming area.
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In any area zoned a "No Boating Area", all watercraft are prohibited, including, but not
limited to, power boats, motor boats, personal watercraft, any motor-driven craft and any wind- or
man-powered crafts.
SECTION 4: Water Intake Structures.
A. Two North Texas Municipal Water Utilities intake structures. The water area three
hundred (300) feet in front of both water intake structures owned and operated by
North Texas Municipal Water Utilities, is zoned as "Danger Areas" will be identified
as such by placement of a sign on the face of the structures which reads "Dangerous
Current - Stay 300 Feet Away," and/or buoys displaying the universal markings of
a diamond with inner cross and the words "Dp.nger - Keep Out."
B. Garland Power Plant. inlet and outlet channels. The water area three hundred feet in
front of the Garland Electric Power Plant intake structure and three hundred feet
below the end of the outlet structure are zoned "Danger Areas" and will be identified
by placement of "can" type buoys displaying the universal markings of a diamond with
inner cross and words "Danger - Keep Out" on a perimeter of three hundred feet on
the water side of both structures.
C. East Fork and Avalon intake structures. The water area three hundred (300) feet in
front of the water intake structures known as East Fork and Avalon are zoned as
"Danger Areas" will be identified as such by placement of a sign on the face of the
structures which reads "Dangerous Current - Stay 300 Feet Away," and/or buoys
displaying the universal markings of a diamond with inner cross and the words
"Danger - Keep Out."
SECTION 5: Lavon Dam Inlet and Outlet Stru:::ture. The water area three hundred (300)
feet upstream on the Lavon Dam gate facilities is zoned a "Danger Area" and will be identified as
such by placement of "can" type buoys displaying the universal markings of a diamond with inner
cross and the words "Danger - Keep Out" on a perimeter of three hundred (300) feet upstream from
the face of the gate facilities.
Also, due to the slippery surfaces and strong water current and undertow, the immediate
shoreline adjacent to the gate facilities is zoned a "Danger Area" and will be so marked by signs
reading "Restricted Area - Keep Out."
The water area below the dam to the railroad bridge approximately four hundred (400) feet
downstream, is zoned a "Danger Area" and will be so identified by signs reading "Danger No Floats,
Boats or Wading Beyond This Point" located to face downstream and adjacent bank fishing areas.
SECTION 6: Commercial Marinas and/or Floating Concession Facilities. The water areas
of marinas and/or concession areas under License agreement with the U.S. Army Corps of Engineers
on Lavon Lake are zoned "No Wake Areas" and will be so identified by placement of "can" type
buoys displaying "No Wake" encircled, as prescribed by the Universal State Waterways marking
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system, on the perimeter of the controlled area and/or upca approaches to the controlled area,
whichever is more practical.
SECTION 7: Endangering Life or Property Prohibited. It shall be unlawful for any person
to operate any boat or other watercraft on any portion of Lake Lavon lying within the corporate limits
of Wylie in such a manner as to endanger life or property.
SECTION 8: Other Areas. Other areas where Wylie identifies a hazard to life or property
may be designated as "No Boating Area" or "No Wake Area" with installation of appropriate
markings. These areas may include future marina sites, barge areas, shoals, shoreline abutments, and
other water hazards.
SECTION 9: Penalty Provision. Any person, firm, corporation or business entity violating
this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined
a sum not exceeding FIVE HUNDRED AND NO/lOO DOLLARS ($500.00). Each continuing day's
violation under this Ordinance shall constitute a separate offense. The penal provisions imposed
under this Ordinance shall not preclude Wylie from filins suit to enjoin the violation. Wylie retains
all legal rights and remedies available to it pursuant to local, state and federal law.
SECTION 10: Savings/Repealing Clause. All provisions of any ordinance in conflict with
this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate
any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a
prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance.
Any remaining portions of said ordinances shall remain in full force and effect.
SECTION 11: Severability. Should any section, subsection, sentence, clause or phrase of
this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is
expressly provided that any and all remaining portions of this Ordinance shall remain in full force and
effect. Wylie hereby dec~ares that it would have passed tins Ordinance, and each section, subsection,
clause or phrase thereof irrespective of the fact that anyone or more sections, subsections, sentences,
clauses and phrases be declared unconstitutional or invalid.
SECTION 12: Effective Date. This Ordinance shall become effective from and after its
adoption and publication as required by the City Charter and by law.
DULY PASSED AND AP~ THE CITY COUNCIL OF THE CITY OF WYLIE,
TEXAS on this Pfr day of ,2002.
JO
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ATTESTED TO AND
CORRECTLY RECORDED BY:
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DATE(S) OF PUBLICATION:
ORDINANCE ESTABLISHING WATER ZONING RULES AND REGULATIONS FOR LAKE LA YON - Page 4
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THE WYLIE NEWS
lovermg Wylie, Sachse, Murphy and the surrounding area
110 N. Ballard
P.O. Box 369
Wylie, Texas 75098
(972) 442-5515
Fax (972) 442-4318
STATE OF TEXAS
COUNTY OF COLLIN
Before me, the undersigned authority, on this day personally appeared
Chad Engbrock, of THE WYLIE NEWS, a newspaper regularly
published in Collin County, Texas and having general circulation in Collin County,
Texas, who being by me duly sworn deposed and says that the foregoing
attached_~_~_~_~~~_~~~____~~iS__~~~____________________-------
was published in said newspaper on the following date(s), to-wit:
______~--L---------------,2003, and __________________________________. 2003.
~~~---------------------
Chad Engbrock, owner and publisher
Subscribed and sworn to before me this the U
witness my hand and seal of office.
day of #
,2003 to certify which
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My Commission expires tJ (-- 0 2. - 0 7
ORDINANCE 2002-4:
AN ORDINANCE C
THE CITY OF WYLI
TEXAS ESTABLISHIl\
WATER ZONING RULl
AND REGULATlm
FOR ALL PORTIONS (
LAKE LAVON LOCATI
WITHIN THE CORP<
RATE LIMITS OF T}
CITY OF WYLI
TEXAS; PROVIDE'
FOR A PENALTY PC
THE VIOLATION OF
THIS ORDINANCE; PRO-
VIDING FOR REPEAL-
ING, SAVINGS AND
SEVERABILITY CLAUS-
ES; PROVIDING FOR AN
EFFECTIVE DATE OF
THIS ORDINANCE; AND
PROVIDING FOR THE
PUBLICATION OF THE
CAPTION THEREOF.
PASSED
APPROVED THE 22ND
DAY OF OCTOBER, 2002.
MAYOR, JOHN MONDY
ATTEST:
BARBARA A.SALINAS
32-lt-339
