(a) Boat means every description of watercraft, used or capable of being used as a means of transportation on water.
(b) Motorboat means any vessel propelled by machinery, whether or not such machinery is the principal source of propulsion.
(c) Owner means a person, other than a lien holder, having the property in or title to a boat. The term included a person entitled to the use or possession of a boat.
(d) Person means an individual, partnership, firm, corporation, association or other entity.
(e) Operate means to navigate or otherwise use a boat or a vessel.
(Ord. 569)
That all of the land theretofore acquired by and belonging to the City of Mound City, Kansas, and located in Section 16, and Section 21, of Township 22 South, Range 23 East, in Linn County, Kansas, on which a dam has been erected and a water storage reservoir has been created, shall be referred to as “the Lake”.
(Ord. 569)
The police jurisdiction and the authority of the City of Mound City, Kansas, is hereby extended to include such lake and the appurtenances thereto and all ordinances of the City of Mound City, Kansas shall hereafter apply to acts and conducts of any person on said premises.
(Ord. 569)
It shall be unlawful for any person, except duly authorized city employees, to willfully or wantonly remove, injure, tarnish, deface or destroy any building, walk, bench, table, dock, tree, or improvement or property of any kind belonging to the lake owned by the city.
(Ord. 569)
(a) Motor vehicles, including any vehicle licensed to operate on public streets, roads and highways shall be operated in a safe and prudent manner at all times on the lake property.
(b) Except as provided in subsection (d), it shall be unlawful for any person to park any motor vehicle within the city lake except upon roads, drives and parking areas established by the city.
(c) Except as provided in subsection (d), it shall be unlawful for any person to operate any motor vehicle within the city lake except upon roads, drives and parking areas established by the city.
(d) Subsection (b) and (c) above shall not apply to authorized city employees while engaged in the maintenance and care of the lake and shall not apply to city sponsored and approved events occurring at the city lake and on city property.
(e) It shall be unlawful to operate any such vehicle in the lake area at a speed in excess of 10 m.p.h.
(Ord. 569)
It shall be unlawful for any person, except duly authorized city employees, to take, injure or disturb any live or dead tree, plant, shrub or flower, or otherwise interfere with the natural state of the city lake property.
(Ord. 569)
The city may post such rules and regulations, as are approved by the governing body, pertaining to the use of the city lake in a conspicuous place at the lake. Violations of these posted rules shall constitute a violation of this code.
(Ord. 569)
The public shall be permitted the lawful, sanitary and orderly use of said lake for boating as herein provided. All persons maintaining, operating or riding in boats do so entirely at their own risk so far as the City of Mound City, Kansas, is concerned, and such persons are warned that said City does not maintain said lake for boating purposes nor represent that it is safe to use boats thereon.
(Ord. 569)
When the City has a contract with the Dept. of Wildlife and Parks CFAP program the CFAP rules apply. If the city does not have a CFAP contract the following will apply: Persons desiring to operate any boat upon said lake shall make application to the City Clerk of Mound City, Kansas, or such other persons as may be designated by them for a license, which said applications shall include a statement that he has been given a printed copy of this article; that he is familiar with the contents of same and that his boat in all respects complies with all applicable provisions of Article 8, Chapter 82a, Kansas Statute Annotated, and with all applicable rules and regulations established by the Kansas Wildlife and Parks Department pursuant to the provisions of said Statute.
(a) The license fee for a vessel shall be:
Residents of Mound City: $7.50
All Others: $15.00
(b) No license shall be granted to any person, and no one shall operate a motor boat, who does not then possess a valid motor operator’s license.
(c) All licenses shall be for the calendar year, regardless of the time of issuance and shall expire on the 31st day of December of the year issued.
The license authorized herein shall authorize the use of the boat only by the licensee or member of his immediate family and shall not be transferable or refundable. The City Clerk shall prepare all necessary application form and licenses to comply with the provisions of this article and such application forms shall show the name of the owner, make and serial number of the boat, if any, and the make, serial number and horsepower of the motor.
(Ord. 569)
It shall be unlawful for any person to operate a boat on said lake without a license as aforesaid or in violation of an of the applicable provisions of Article 8, Chapter 82a, K.S.A. or in violation of any of the applicable rules and regulations adopted by the Kansas Wildlife and Parks Department pursuant to the provisions of said statute, and said boat shall be operated in such a fashion as not to produce a wake.
(Ord. 569)
Each boat shall have aboard one life preserver, buoyant vest, ring buoy or buoyant cushion of the type approved by the United States Coast Guard, in good and serviceable condition for each person on board.
(Ord. 569)
Each motor boat shall be effectively muffled by equipment so constructed and used as to muffle the noise of the exhaust in a reasonable manner. The use of cutouts is prohibited except for boats competing in a regatta or boat race which has been approved by the City of Mound City and the Kansas Wildlife and Parks Department.
(Ord. 569)
Water skiing, jet skiing and surfboarding are hereby prohibited.
(Ord. 569)
No boat with toilet facilities will be permitted upon the lake unless said toilet is sealed in such a manner that it cannot be used.
(Ord. 569)
No boat shall be loaded with passengers beyond its safe carrying capacity.
(Ord. 569)
No person twelve (12) years of age or less shall be permitted in any boat unless wearing a life jacket.
(Ord. 569)
The lake may be closed to boating at any time and for any period of time for any reason deemed advisable by the Governing Body of the City of Mound City, and the licenses herein authorized are conditioned thereon, and no refund will be made to licenses in the event of said closure.
(Ord. 569)
The City of Mound City reserves the right to make additional rules and regulations concerning boating on said lake shall be binding upon licenses upon the posting of printed copies of said rules and regulations at the lake.
(Ord. 569)
All license fees collected under the authority of this article shall be paid in to the parks and recreation fund of the City of Mound City, Kansas.
(Ord. 569)
No person shall empty or throw refuse, garbage, rubbish or wastewater of any kind in or on the “municipal reservoir” and no human excrement shall be deposited or discharged into the lake or the municipal reservoir. No persons shall start or have a fire at the lake except in a self contained, portable charcoal grill.
(Ord. 569)
Swimming in said lake is prohibited, except in areas designated by the City. Any swimming in said lake shall be at the sole risk of such party, with no responsibility to the City of Mound City; the city not representing that said lake, even designated areas, is fit, safe or property for swimming.
(Ord. 569)
Camping shall be allowed in the municipal reservoir designated areas at any time provided that the camper has a valid fishing or hunting permit issued by the City of Mound City.
(Ord. 569)
Persons desiring to fish in or on the lake of the city shall have and be in actual personal possession of a current, valid State of Kansas fishing license, if the individual is required by the State of Kansas to have a fishing license to fish within the state. Individuals fishing or appearing to fish or appearing to have been fishing in or on the lake of the city shall present their state fishing permit and identification to any city, county or state law enforcement official who shall enquire.
(Ord. 569)
The creel limits for fish taken from the municipal reservoir of the City of Mound City shall be identical to those creel limits promulgated and disseminated by the State of Kansas, either by statute or through regulations of the Kansas Wildlife and Parks Department.
(Ord. 569)
No fish may be taken from the lake or municipal reservoir by means of a “trotline” or “setline” is defined by the regulations promulgated by the Kansas Wildlife and Parks Department.
(Ord. 569)
Any individual under the age of sixteen (16) years need not have a permit to fish at the lake or municipal reservoir.
(Ord. 569)
No hunting with firearms, and the discharge of firearms, are not permitted on or around the lake, EXCEPT for shotguns, rim fire firearms, and bow hunting as the same are defined by the regulations promulgated by the Kansas Wildlife and Parks Department.
(Ord. 569)
Any person desiring to fish or hunt in the municipal reservoir area shall first obtain a permit for such. Permits shall be obtained by making application to the City Clerk of Mound City, Kansas or such person or persons as may be designated by the City Clerk of Mound City, Kansas, for a fishing or hunting permit. Whereupon, the City Clerk shall issue said permit. The fees shall be:
Residents of Mound City: $5.00
All Others: $10.00
In the event that the governing Body of the City of Mound City should designate private vendors to issue and collect fees for said permits, the vendor may charge an administrative fee in an amount not to exceed $3.00 for each permit sold, said administrative fee to be in addition to the above listed fees. The exact amount of said administrative fee shall be determined annually by the governing body.
(Ord. 569)
(a) It is unlawful for any person, except for City Employees, City Contractors, or State Officers on official business, to approach within fifty feet of any fish feeding mechanism on any lake owned by the City of Mound City.
(b) It is unlawful for any person to climb upon, move, collide with, or in any way damage or deface any fish feeding mechanism on the city lake and owned by the City of Mound City.
(Ord. 569)
Each separate violation of this article shall be deemed a misdemeanor and upon conviction shall be punishable by a fine of not less than Fifty Dollars ($50.00) and not more than Five Hundred dollars ($500.00). In addition to any fines assessed hereunder, violators, upon conviction, shall pay restitution to the City the cost of repairing any damages done to barriers, signage or grounds resulting from said violation.
(Ord. 569)