The provisions of this article are applicable to the entire width and length of the City right-of-way constituting Sand Creek, including the banks and flood-control improvements thereto, and all recreational paths, facilities and amenities associated therewith.
No motor vehicle, motorcycle, motor-driven cycle, scooter or other such motor-driven device shall be used, driven or operated within the right-of-way other than over and upon such bridges, streets, vehicular ramps and access points as may be specifically provided and designated by the city for use by motor vehicles, subject to the following exceptions:
(a) Vehicles being operated by employees or agents of the City in the course of authorized activities; and
(b) “Motorized wheelchairs” being operated by a “Person with a Disability,” as such terms are defined in the Standard Traffic Ordinance adopted pursuant to Section 21-101 herein.
The prohibitions against the dumping, leaving or discharging on or into the “Municipal Stormwater Drainage System” of any waste, trash or other materials or substances (“illicit discharges”) as set forth in Chapter XXV (Ordinance No. 4689-09) are hereby made specifically applicable to the Sand Creek right-of-way.
It shall be unlawful for any person, other than the City, or those to whom the City has given specific written authority, to do any of the following:
(a) To plant, maintain, cut, trim or remove any vegetation, bushes or trees in or upon the Sand Creek right-of-way;
(b) To make any excavations in any portion of the Sand Creek right-of-way; or
(c) To construct or install any type of dock or pier facility within the Sand Creek right-of- way.
Except for watercraft operated by authorized City employees or agents in the performance of their duties, the use, operation, launching and docking of boats and all other watercraft in and upon Sand Creek shall be governed by the following rules and regulations:
(a) No motors or engines of any kind shall be used for the propulsion of any boats or watercraft while in or upon Sand Creek.
(b) No boat or other watercraft shall be operated south of First Street.
(c) No boat or watercraft shall be moored to a ramp or to the bank unless an operator is present.
(d) Upon a signal from any uniformed police officer or from any duly appointed representative of the city, a person operating a boat or watercraft shall immediately dock at the nearest bank indicated by such police officer or city representative.
(e) No person shall operate any boat or watercraft in or upon Sand Creek during a period of high-water level, except in emergencies or while engaged in a search or rescue effort. This prohibition shall be in effect at any time when either of the following has occurred:
(1) When water levels in Sand Creek are higher than the highest point of the rock riprap lining the banks of Sand Creek; or
(2) When the City’s director of public works has determined that, due to rain events, inundation or other such conditions, it is not safe for boats or other watercraft to be operated by the general public in Sand Creek.
(f) No person shall use any part of Sand Creek right-of-way in conjunction with any type of commercial endeavor without a permit issued under the authority of the City governing body.
It shall be unlawful for any person, other than authorized employees or agents of the City, to be upon or within 100 feet of the Sand Creek dam located south of First Street.
Swimming or bathing is hereby prohibited in Sand Creek. Ice skating and sledding may be permitted as a public recreational use, at the public’s own risk, at such times as the water therein is frozen to a thickness adequate to support such activities. The chief of police shall have the right, although not the responsibility, to determine the adequacy of the water surface for such activities, and no person shall engage in any such uses or otherwise be upon or about the right-of-way in the absence of such a determination by the chief of police.
Any person found guilty of the violation of any of the terms of this article shall be deemed to have committed a code violation.