(a) Hours. The Superintendent of the Water Production Division shall have the authority to establish the hours during which the Willard Upground Raw Water Storage Reservoir shall be open to the public. However, bank fishing shall be permitted on a twenty-four hour basis, but may be restricted to designated areas by the City.
(b) Closed Areas. Any section or part of any Reservoir grounds may be declared closed to the public by the Superintendent at times and for any interval of time, either temporarily or at regular and stated intervals (daily or otherwise) and either entirely or merely to certain uses, as the Superintendent finds reasonably necessary.
(c) Lost and Found Articles. The finding of lost articles by attendants shall be reported to the Superintendent who shall make every reasonable effort to find articles reported as lost.
(d) Uses for which a Special Permit is Required. A special permit shall be obtained from the Superintendent before participating in the following activities:
(1) Use of the Reservoir and/or Reservoir property during the closed season;
(2) Use of the Reservoir and/or Reservoir property during closed hours of the day;
(3) Use of the Reservoir and/or Reservoir property for group gatherings;
(4) Use of the restricted areas of the Reservoir and/or Reservoir property;
(5) Operating boats and other facilities for hire on Reservoir property; and
(6) Alteration or erection of duck blinds in season or other structures on the Reservoir and/or Reservoir property.
(e) Application for a Special Permit.
(1) Application. A person seeking issuance of a special permit hereunder shall file an application with the Superintendent. The application shall state:
A. The name and address of the applicant;
B. The name and address of the person sponsoring the activity, if any;
C. The day and hours for which the permit is desired;
D. The Reservoir or portion thereof for which such permit is desired;
E. An estimate of the anticipated attendance; and
F. Any other information which the Superintendent finds reasonably necessary to a fair determination as to whether a special permit should be issued hereunder.
(2) Standards for issuance. The Superintendent shall issue a special permit hereunder when he finds that:
A. The proposed activity or use of the Reservoir will not unreasonably interfere with or detract from the general public enjoyment of the Reservoir grounds;
B. The proposed activity and use will not unreasonably interfere with or detract from the promotion of public health, welfare, safety and recreation;
C. The proposed activity or use is not reasonably anticipated to incite violence, crime or disorderly conduct;
D. The proposed activity will not entail unusual, extraordinary or burdensome expense or police operation by the City;
E. The facilities desired have not been reserved for other use at the date and hour required in the application;
F. A proposed duck blind is at least 200 feet from the nearest existing duck blind and does not exceed five feet by six feet in size;
G. The proposed duck blind shall be removed and the area restored within two weeks from the end of duck hunting season. If the duck blind is not removed and the area restored accordingly, the permit holder and/or other responsible parties shall be fined and/or imprisoned pursuant to this chapter or any other ordinance that specifically applies.
(3) Appeal. Within ten days after receipt of an application the Superintendent shall apprise an applicant in writing of his reasons for refusing a special permit and any aggrieved person shall have the right to appeal in writing within ten days to Council, which will consider the application under the standards set forth in subparagraph (e)(2) hereof and sustain or overrule the Superintendent's decision within ten days. The decision of Council shall be final.
(4) Effect of special permit. A special permittee shall be bound by all Reservoir rules and regulations and all applicable ordinances fully as though the same were inserted in the special permit.
(5) Liability of special permittee. The person to whom a special permit is issued shall be liable for any loss, damage or injury sustained by any other person by reason of the negligence of the person to whom such special permit has been issued.
(6) Revocation. The Superintendent shall have the authority to revoke a special permit upon a finding of violation of any rule or ordinance, or upon good cause shown.
(Ord. 3033. Passed 11-21-88.)