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HomeMy Public PortalAboutOrd 330 Use of Parks Waters (First Published in the Ark Valley News on the Ja. day of ~ I 2000.) THE CITY OF BEL AIRE, KANSAS ORDINANCE NO, 33D AN ORDINANCE RELATING TO THE USE OF PARKS AND WATERS WITHIN BEL AIRE, KANSAS; PROVIDING FOR REGULATION THEREOF; PROVIDING PENALTIES THEREFORE AND REPEALING ORDINANCES NUMBER 170, 183, 186, 206, 210 AND 295. BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF BEL AIRE, KANSAS: Section 1. Definitions For the purpose of this ordinance, the following words and phrases used herein shall have the following meanings: (a) "Other Watercraft" means any of the following with an overall length of less than sixteen (16) feet: commercially constructed inflatable boat with an overall length of at least nine (9) feet, row boat, canoe, paddle boat, sail craft, or other boat of any type which is not powered by electricity or a combustible engine. (b) "Park" means the following public lands located within the corporate limits of the City of Bel Aire, Kansas, to-wit: Alley Park, generally located North of 48th Street North and East of Oliver Street; Bel Aire Park, generally located North of Gunnison Street and West of Woodlawn Street; 1 Bel Aire Recreation Complex, generally located South of 48th Street North and East of Battin Street; Denise Park, generally located South of the intersection of Denise Avenue and Danbury Street; Eagle Lake Park, generally located South of 45th Street North and West of Eagle Lake Drive; Quail Ridge Park, generally located North of Quail Ridge Drive and West of Woodlawn Street; and Wi 1I0wcreek Park, generally located North of 44th Street North and West of Rushwood Street. (c) "Power boat" means any water craft powered by a combustible engine, including pontoon boat, air boat, hover craft, fishing boat, and personal watercraft, but excluding toy or model boats which are not designed to carry humans or cargo. (d) "Sail craft" means any sail board, wind sail, catamaran or other sail boat. (e) "Personal watercraft" means those watercraft commonly referred to as "jet ski" or "water bike." Section 2. Park Hours It is unlawful for any person, without prior written authorization by the City Administrator, to enter or remain in any park within Bel Aire, Kansas daily between the hours of 10:30 p.m. and 6:00 a.m. The City Administrator of Bel Aire, Kansas may authorize activity duly organized by a recognized organization in any park within Bel Aire, Kansas between the hours of 10:30 p.m. and 6:00 a.m. Section 3. Vehicle Operation It is unlawful for any person to operate or park a vehicle in any park within Bel Aire, Kansas except on designated roadways I in designated parking areas, or for park construction or maintenance. For the purpose of this section, vehicle is defined as every 2 device in, upon, or by which any person or property is or may be transported or drawn upon a highway, except devices moved by human power. Section 4. Alcohol Consumption It is unlawful for any person within any park within Bel Aire, Kansas to drink or otherwise consume alcoholic liquor as defined by K.S,A. 41-102 and amendments thereto, beer as defined by K.S.A, 41-102 and amendments thereto, or cereal malt beverages as defined by K.S.A. 41-2701 and amendments thereto. Section 5. Swimmina Activity Except when engaged in maintenance or operation activities upon prior written authorization of the city administrator, it is illegal for any person to swim, bathe or wade in any city, state, or federal waters within any park within the corporate limits of the City of Bel Aire, Kansas. Section 6. Prohibited Watercraft Activity Except when engaged in maintenance or operation activities upon prior written authorization of the city administrator, it is illegal for any person to place, dock, operate, or attempt to operate any electrically powered boat or power boat in or upon any city, state, or federal waters within the corporate limits of the City of Bel Aire, Kansas. Section 7. Permitted Watercraft Activity "Other Watercraft," as defined herein, may be placed, docked pursuant to a permit issued by the City of Bel Aire, Kansas in compliance with rules and regulations hereinafter adopted I and operated in and upon city, state I or federal waters within the corporate limits of the City of Bel Aire, Kansas. However, all federal and state regulations pertaining to boats, boat equipment, boating activities, safety and safety equipment or any other watercraft or watercraft equipment shall apply to all such watercraft activities and watercraft operating in and upon city, state I or federal waters within the corporate limits of the City of Bel Aire, Kansas and shall be incorporated herein and made a part hereof by reference. 3 Section 8. IlIeaal Fishina It is illegal for any person sixteen (16) to sixty-five (65) years of age to take or attempt to take fish from any city, state, or federal waters within the corporate limits of the City of Bel Aire, Kansas without a valid fishing license from the Kansas Department of Wildlife and Parks. It is further illegal for any person over fifteen (15) years of age to take or attempt to take fish from any city, state, or federal waters within the corporate limits of the City of Bel Aire, Kansas without a valid fishing permit from the City of Bel Aire, Kansas in his/her possession. The permit shall be displayed in a visible place on his/her person while fishing. Section 9. Dailv Creel And Minimum Size Limits It is unlawful for any person to take fish from any city, state, or federal waters within the corporate limits of the City of Bel Aire, Kansas in violation of the following daily creel and minimum size limits. Further, no person may exceed a combined total of five (5) black bass, channel catfish, walleye, and wipers. SPECIES CREEL LIMIT MINIMUM SIZE LIMITS Black bass Channel catfish Hybrid stripers (Wipers) Walleye Crappie Rainbow trout 3 5 2 2 10 5 15" none 20" 20" 9" none Section 10. Fishina Permit Issuance Residents of Bel Aire, Kansas may obtain an annual City of Bel Aire fishing permit, valid for one (1) year from the date of issue. Non-residents of Bel Aire, Kansas may obtain single day City of Bel Aire fishing permits, valid for the authorized date of use. Non- residents of Bel Aire, Kansas may only obtain one (1) single day fishing permit every five (5) days. Single day City of Bel Aire fishing permits may be obtained no earlier than five (5) days prior to the authorized date of use. City of Bel Aire fishing permits may be obtained at the Bel Aire City Hall, 4551 N. Auburn, Bel Aire, Kansas, during the hours of 8:00 a.m. to 5:00 p.m. on weekdays. 4 Section 11. Fishina Permit Fee A fee of $10.00 shall be charged for each annual fishing permit issued by the City of Bel Aire, Kansas. A fee of $2.00 shall be charged for each single day fishing permit issued by the City of Bel Aire, Kansas. However, these fees shall be waived for those persons under the age of 16 years old and over the age of 65 years old and for employees of the City of Bel Aire, Kansas. Section 12. Penalty Any person convicted of a violation of any provision of this Ordinance shall be guilty of a misdemeanor and subject to a fine not to exceed five hundred dollars ($500.00). Section 13. Repeal Ordinances Number 170, 183, 186, 206, 210 and 295 are hereby repealed. Section 14. Effective Date This Ordinance shall take effect and be in force from and after its publication in the official city newspaper. Passed by the City Council this 3rd day of October, 2000. Approved by the Mayor this 3rd day of October, 2000. > "l~ UEt.. , .1 V_._ "'~I '~'\~ ........ r, ,/' ,,'Gr'''~(rr 0;:;.~:~5~~ , " "" "1 \.' \-' ,.... .. "... ( ~,hlt:r~:'D. '" S~L ~~ \ ~~ i llII, r t \, : to!'\ i -< ;,~_ _, ~ I r Y J r ; <'J. S~[""-' r I tV, JlH' ; ~:' -";, , I : I C S.'f: r ; 3 f ,/ .:;,:. ArieST:' r; ~l$r ",J~~; 'I IV ~\,\1. I ~", \ )(t~_ ~/~ CITY CLE K, SHERRYL L. CUTTER 5