(A) Texas Water Safety Act adopted by reference. The Texas Water Safety Act (and any amendment thereto) is hereby adopted by reference and shall be followed as if set out verbatim in this chapter. Any acts not specifically mentioned herein are governed by the Texas Water Safety Act.
(B) Permit required. It shall be unlawful for any person to operate or cause to be operated, any boat upon the waters owned or controlled by the city unless such boat has first met all requirements of the Texas Water Safety Act and there has been obtained a City of Canton launch permit. Such permits shall be issued by the Canton Police Department at a cost of $25 for a one year period or $3 for a one day launch permit; however, launch permits shall be free to the citizens of Canton, Texas.
(C) Speed. The speed of every boat or other craft around and near docks or other landing places and in channels shall be reduced so as to avoid disturbing such docks and landing places and boats and to prevent the washing of channel banks. In no event shall any craft be operated at a speed greater than is reasonable and prudent under the circumstances then existing When such craft is within 150 feet of swimming areas, public launching ramp, dock, boat house, fishing pier or other structures, or person engaged in fishing or within 100 feet of any shoreline, the craft should leave no visible wake except in case of an emergency.
(D) Tow boats. It shall be unlawful for any person engaged in towing of any type boat, barge or other device to come within 100 feet of any other boat or craft, with the exception of passage through a connecting channel.
(E) Muffling devices. It shall be unlawful to operate a boat propelled in whole or in part by gas, gasoline or naphtha unless the same is provided with a Coast Guard approved muffler. The discharge of cooling water through the exhaust of an inboard engine shall be considered an adequate muffling device.
(F) Traffic rules. The channel of Mill Creek Reservoir will be used in a manner that is reasonable and prudent to the conditions. All coves, docks and launch areas are no-wake, idle only zones.
(G) Water intake stations. It shall be unlawful for any person to anchor, moor, or stop a boat within 200 feet of any water intake station.
(H) Life preservers. All children 12 years of age or younger shall be required to wear a U.S. Coast Guard approved life preserver at all times.
(I) Anchoring at piers, buoys, and the like. It shall be unlawful for any boat or barge to anchor or tie up at any posted sign, buoy or barrel of the waters of Mill Creek Reservoir or its tributaries except in case of emergency.
(J) Unattended boats. Except in cases of emergency, it shall be unlawful for any person to leave a boat unattended on the waters of Mill Creek Reservoir or any of its tributaries.
(K) Obstruction of ramps. It shall be unlawful for any person to block or swim in any public boat loading ramp leading to the waters of Mill Creek Reservoir or its tributaries except while loading or unloading a boat.
(L) Removal from lake. The City of Canton, acting by and through authorized personnel, may require the removal of any boat or other craft from Milk Creek Reservoir if such boat or other craft is in an unsafe operating condition. In the event of non-compliance by the owner to such order, the craft will be removed from the lake by the City of Canton and the owner will be assessed all costs.
(M) Barges.
(1) It shall be unlawful for any person, firm or corporation to place any barge-type craft on Mill creek Reservoir which is not supported by polyester foam flotation units, unsinkable drums, metal pontoons, or fiberglass pontoons permanently attached to the vessel by a mechanical device.
(2) It shall be unlawful for any person to place barrels, pontoons or other such containers upon or in the waters of Mill Creek Reservoir except of the use described above. The City of Canton may employ such devices for markers or other similar uses.
(N) Abandoned Barges or boats.
(1) Any barge or boat subject to registration and inspection under the provisions of these rules which shall be found upon the waters of Mill Creek Reservoir or upon any public property immediateEy adjacent thereto and which shall not have affixed thereto a currently valid registration sticker issued pursuant to this chapter shall be deemed to be an abandoned barge or boat.
(2) Authorized personnel of the City of Canton may take into custody any abandoned barge or boat found upon the water or any public property immediately adjacent to Mill Creek Reservoir.
(3) When any abandoned barge or boat shall be taken into custody under the authority of these rules, the authorized personnel shall notify within ten days thereof, by registered or certified mail, return receipt requested, the last known registered owner and all lienholders of record that the barge or boat has been taken into custody. The notice shall describe the barge or boat by size, color and general description and shall set forth the location of the facility where the barge or boat is being held, and shall further inform the owner and any lienholder of their right to reclaim the barge or boat within 30 days after the date of the notice upon payment of all towing, preservation and storage charges resulting from placing the barge or boat in custody and upon paying the required registration and inspection fees as may be required by these rules. The notice shall further state that the failure of the owner or lienholders to exercise their right to reclaim the barge or boat within the time provided shalE be deemed a waiver by the owner and all lienholders of all right, title and interest in the barge or boat and their consent to the sale of the abandoned barge or boat at a public auction.
(4) If the identity of the last registered owner cannot be determined, or the registration contains no address for the owner, or if it is impossible to determine with reasonable certainty the identity and addresses of all fienholders, notice by one publication in a newspaper of general circulation in Van Zandt County, shall be sufficient to meet all requirements of notice pursuant to these rules. Such notice by publication may contain multiple listings of abandoned barges or boats. Any such notice shall be within the time requirements prescribed for notice by registered or certified mail and shall have the same contents required for a notice by registered or certified mail.
(5) If any abandoned barge or boat has not been reclaimed by the owner or lienholders as provided for herein, the City of Canton shall sell the abandoned barge or boat by advertised bids. The purchaser of the barge or boat shall take title to the barge or boat free and clear of all liens and claims of ownership, shall receive a sales receipt from the City of Canton and shall be entitled to register the purchased barge or boat as provided for herein. From the proceeds of the sale of an abandoned barge or boat, the City of Canton shafl reimburse itself for the expenses of the sale, the cost of towing, preserving and storing the barge or boat which resulted from placing the abandoned barge or boat in
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custody and all notice of publication incurred pursuant to these rules. Any remainder from the proceeds of a sale shall be held for the owner of the barge or boat or entitled lienholder for 90 days, and then shall be deposited in a special fund which shall remain available for payment of auction, towing, preserving, storage and alt notice and publication costs which result from placing other abandoned barges or boats in custody whenever the proceeds from a sale of such other abandoned barges or boats are insufficient to meet these expenses and costs.
(6) In the event there are no purchasers of the barge or boat at a public auction held pursuant to these rules; the City of Canton shall purchase same for its accrued costs of conducting the auction, towing, preservino storage and all notice and publication costs incurred, and any disposal of same, including the destruction thereof, as may be proper under the circumstances.
(O) Miscellaneous.
(1) It shall be unlawful for any person, firm or corporation to place or maintain a toilet on any boat or barge except unattached portable chemical toilets. Such toilet must be approved by authorized personnel before being taken aboard the craft.
(2) It shall be the responsibility of the owner to keep all barges and boats properly moored. There shall be a fee levied by the City of Canton of $100 for reclaiming a derelict boat and $150 for reclaiming a derelict barge.
(3) Operation of all craft shall be subject to all provisions of the Texas Water Safety Act as it now exists or hereafter may be amended, and to all state acts, statutes and regulations applicable to the operation and control of water craft.
(Ord. 94-13, passed 9-29-1998; Am. Ord. 2009-18, passed 6-16-2009; Ord. 2017-05, passed 2-21-2017)