Chapter 9_ City Code Appendix.pdf

Chapter 9: City Code Appendix 7-11-7: REGULATIONS OF CITY BOAT RAMPS, BOATING ACTIVITIES: (A) Permit Required: Season permits are required for launching motorized craft from the Church Street boat ramp. Season or daily permits are required for the launching of non motorized craft from the C...

Chapter 9: City Code Appendix 7-11-7: REGULATIONS OF CITY BOAT RAMPS, BOATING ACTIVITIES: (A) Permit Required: Season permits are required for launching motorized craft from the Church Street boat ramp. Season or daily permits are required for the launching of non motorized craft from the Church Street boat ramp. Season or daily permits are required for launching from the Dempster Street boat ramp. (Ord. 53-0-98) (B) Boat Launching and Mooring: 1. Church Street Boat Ramps: Sailboats over fourteen feet (14') long and all motorized watercraft (including personal watercraft) shall launch only from this ramp. Launching shall occur only between five o'clock (5:00) A.M. and eleven o'clock (11:00) P.M. 2. Dempster Street Launch Facility (Carry-In Ramp): Only sailboats fourteen feet (14') long and under, which are not motorized, all carry-in boats, and sailboards shall launch from this ramp only. 3. Non Permit Holders: Permittees shall not provide access in any manner to the boat ramps to non permit holders for the purpose of launching any motorized watercraft, carry-in boat, sailboat, or sailboard for which a permit has not been issued. 4. Mooring of Boats: Boats are prohibited from mooring within three hundred (300) yards of shore except where authorized. (Ord. 12-0-02) (C) Motorized Watercraft Restrictions: 1. Time Limit: Operators of such watercraft shall not tie up for more than fifteen (15) minutes at the Church Street boat ramp. 2. Overnight Docking: No overnight docking is permitted at the Church Street boat ramp. 3. No Wake in Launch Zone: Operators of such watercraft shall not cause a wake when entering or leaving the launching area. 4. Safety Zone: No motorized watercraft are permitted within one hundred fifty feet (150') east of the line of buoys designating the no wake zone, special use zone and the swimming beaches except for launching and retrieving of motorized watercraft. 5. No Wake Zone: Operators of motorized watercraft shall are not permitted to cause a wake within the no wake zone. The no wake zone is designated as eight hundred feet (800') eastward from the shoreline beginning at the midpoint between the Church Street breakwall and the Dempster Street breakwall and stretching northwest to the easternmost point of the Church Street breakwall. 6. Special Use Zone: Eight hundred feet (800') perpendicular eastward from the shoreline beginning at the midpoint between the Church Street breakwall and the Dempster Street breakwall and stretching southwest to the easternmost point of the Dempster Street breakwall. No motorized watercraft is permitted within the special use zone without a special permit. Requirements for special permit: o Event must be planned Monday through Friday, between nine o'clock (9:00) A.M. and five o'clock (5:00) P.M. o Fifteen (15) or more children under the age of sixteen (16) must participate in the event with one adult supervisor for every five (5) children.  o Event must be sponsored by a not for profit entity. o Event sponsor must provide a certificate of insurance for one million dollars ($1,000,000.00) general liability coverage, naming the city of Evanston as an additional insured. o Fee is twenty five dollars ($25.00) per child. o Event cannot conflict with municipally sponsored programs. (Ord. 53-0-98) (D) Windsurfing: Only one person is permitted on a single windsurfing or similar board. (Ord. 12-0-02) (E) Closure: The city manager or a designee may close the launch facilities based on existing conditions or staffing capabilities. (F) Rules and Regulations: The city manager or a designee may promulgate rules and regulations to enforce this section. (G) Penalties: Any person violating subsections (A) and (B) 3 of this section shall be fined five hundred dollars ($500.00) for each offense. (H) Administration and Enforcement: 1. Administration: The director of parks/forestry and recreation ("director") is charged with the administration of this chapter. (Ord. 58-0-98) 2. Suspension or Revocation of Permit: Upon recommendation of staff, the director or his/her designee may suspend or revoke any permit issued under the provisions of this chapter if he/she determines that the permittee has violated subsections (B) 3, (C) 4, (C) 5 and (C) 6 of this section. (Ord. 12-0-02) 3. Fine In Lieu Of Suspension or Revocation: In lieu of suspension or revocation of a permit the director may, instead, levy a fine on the permittee. The fine imposed shall not exceed five hundred dollars ($500.00) for each violation. Each day on which a violation continues shall constitute a separate violation. 4. Hearing; Decision; Fees: a. Notice of Hearing: No such permit shall be suspended or revoked and no permittee shall be fined except after a public hearing by the director with a seven (7) day written notice to the permittee affording the permittee an opportunity to appear and defend against the charges contained in such notice. The seven (7) day notice provisions shall begin the day following delivery by certified mail or by personal service. 5. Director's Decision: The director shall, within seven (7) days after such hearing, if he/she determines after such hearing that the permit should be revoked or suspended, or that the permittee should be fined, state the reason for such determination in a written order and either the amount of the fine, the period of suspension or that the permit has been revoked, and serve a copy of such order within the seven (7) days upon the permittee. Fines shall be paid to the city within thirty (30) days of said decision. (Ord. 53-0-98) 7-11-8: REGULATIONS OF DOG BEACH:  (A)An area south of the Clark Street breakwater and north of the Church Street boat ramp, and the adjacent sandy area are hereby designated as a dog beach. (Ord. No. 12-O-02) (B)Dogs may be released from their leashes only when they enter the fenced area designated as the dog beach. (C)All dogs must have a season pass to use the beach. (D)All owners or their agents must show their dog's season pass to the attendant as they enter the fenced in area leading to the beach. (E)Appropriate fees will be established for both residents and nonresidents. (F)Owners or their agents must be in control of their domesticated dog(s) at all times. (G)Owners or their agents with dogs may enter the water to the knees and no further. (H)Dogs may enter the water only within the designated area. (I)All dogs must have a valid dog license.(J)Dog owners or their agents must pick up all waste from their dogs on the beach and placed in appropriate receptacles. (K)Sunbathing is prohibited. No chairs, beach towels, or blankets are allowed on the dog beach. (L)No glass containers are allowed. (M)The City Manager or a designee may open or close the dog beach pursuant to Subsection 7-11-4(C) of this Chapter. (N)Other reasonable rules and regulations that the City Manager or his/her designee may promulgate from time to time. (Ord. No. 79-0-99; Ord. No. 12-O-02; Ord. No. 8-O-12, (50-O-11(exh. B, § 7-11-8)), 1-23-2012 7-11-9: AUTHORITY TO ENFORCE: The city manager and his/her designees are authorized to enforce the provisions of this chapter. (Ord. 12-0-02) 7-11-9-1: BEACH AND WATER RESCUE SQUAD DESIGNATION: The director of parks/forestry and recreation or his/her designee is hereby appointed a member of the "beach and water rescue squad of the parks/forestry and recreation department", defined as parks/forestry and recreation personnel who provide immediate response to emergencies for first aid and rescue purposes for swimmers, boaters, and the general public using the beaches. (Ord. 12-0-02) 7-11-10: ENFORCEMENT OF CODE PROVISIONS: The director of parks/forestry and recreation or his/her designee, and the park rangers shall have authority to enforce the following various sections: a) All provisions of chapter 9 of this title. b) All provisions of chapter 10 of this title. c) All provisions of this chapter. d) Subsection 8-4-6-3(A) of this code, littering on public way. e) Subsection 8-4-6-3(C) of this code, littering from vehicle. f) Subsection 9-4-7(C) of this code, dogs/cats on beach. g) Subsection 9-4-7(D) of this code, restraint of dogs/cats. h) Section 9-4-12, "Control of Defecation", of this code. i) Section 9-4-13, "Excessive Barking, Actions", of this code. j) Subsection 9-5-12(B) of this code, criminal damage to city property. k) Subsection 9-5-23(G)1 of this code, loud radios prohibited. l) Parking violations in city parks, in or around city recreation facilities, on or near the lakefront, and any parking violations related to lakefront/park activity. (Ord. 12-0-02)