Chapter 12.25
GARDNER LAKE RULES AND REGULATIONS
Sections:
12.25.010 Definitions.
12.25.020 Permits or licenses.
12.25.030 Fishing.
12.25.040 Hunting.
12.25.050 Boating.
12.25.060 Docks.
12.25.070 License and permit fees.
12.25.080 Swimming in lake.
12.25.090 Unlawful to scuba dive.
12.25.100 Park below dam.
12.25.110 Unlawful dumping.
12.25.120 Blocking of roads or lanes.
12.25.130 Fencing and personal property.
12.25.140 Public alcoholic beverage consumption prohibited.
12.25.150 Funds.
12.25.160 Penalty.
12.25.010 Definitions.
For the purpose of this chapter, certain terms are herewith defined as follows:
A. “Boat” shall be construed to mean every description of watercraft, other than a seaplane, used or capable of being used as a means of transportation on the water which is either mechanically or propelled by sail and which requires a permit from the State of Kansas Department of Wildlife and Parks.
B. “City” shall be construed to mean the City of Gardner, Kansas, and its authorized employees and elective officials.
C. “Gardner Lake” as used herein shall include such lake and all real property adjacent thereto or thereat owned in fee simple by the City of Gardner, Kansas.
D. “Lake Commissioner” shall be construed to mean the Gardner City Councilmember who has been assigned to the duty of Lake Commissioner by the Governing Body of the City.
E. “Laws of Kansas” shall be construed to mean the Kansas Statutes Annotated or any supplement thereof or the regulations of any department of the State of Kansas authorized to issue the same.
F. “Nonresidents,” for the purpose of obtaining lake permits and licenses, are not resident owners or tenants on Gardner Lake or residents of Gardner, Kansas, mailing address.
G. “Ordinance” shall be construed to mean the ordinances of the City of Gardner, Kansas, as now in effect or hereafter enacted.
H. “Person” shall include all persons, firms, partnerships or corporations; provided, however, any license permit or rights herein granted shall be to an individual and shall not include or be granted to a partnership, firm or corporation.
I. “Residents,” for the purposes of obtaining lake permits and licenses, includes all residents of Gardner, Kansas, mailing address, including all owners, lot owners, or tenants of Gardner Lake residences. (Ord. 1658 § 1. Code 1990 § 12-101)
12.25.020 Permits or licenses.
It shall hereafter by unlawful for any person to fish or to keep, maintain or use any boat, motor or dock upon the Gardner Lake without first having obtained a permit or license to do so, and paying the fee therefor in the amounts and manner hereinafter provided for by this chapter. All permits or licenses granted hereunder shall expire on the thirty-first day of December of each year. No fractional year permits or refunds shall be granted. (Ord. 1658 § 1. Code 1990 § 12-102)
12.25.030 Fishing.
A. Fishing License. Before any person shall fish in the Lake of the City of Gardner, Kansas, they shall first obtain a City fishing license; provided, however, no fishing license or permit shall be issued by the City Clerk or his/her agent, unless the person making the application therefor shall first present the current Kansas State Fishing License; provided, however, that all persons not required to obtain a state permit to fish are likewise exempt from the provisions of this section. The charges or fees required for a fishing license or permit are listed in GMC 12.25.070.
B. Fishing Regulations and Restrictions. All persons granted a permit or license hereunder to fish in the Gardner Lake shall be required to observe the following restrictions on fishing as provided for in the laws of the State of Kansas and the regulations or rules of the State Fish and Game Commission and this chapter. It shall be unlawful for any person to seine, net or trap any minnows from the waters of the Gardner Lake. It shall be unlawful to use trot lines or other unattended lines and no more than two fishing lines per City fishing license in waters of Gardner Lake. There shall be a minimum limit on size of channel catfish taken from the Lake at 14 inches long. There shall be a minimum limit on size of walleye taken from the Gardner Lake at 18 inches long. The catch limit of walleye shall be three and possession limit shall be three. There shall be a minimum limit on the size of largemouth bass at 15 inches long and a catch limit of five per day. (Ord. 1658 § 1. Code 1990 § 12-103)
12.25.040 Hunting.
It shall be unlawful for any person to hunt, shoot, kill, trap, injure, pursue, or molest any bird, water fowl, or any animal within said Park or upon said Lake, and it shall be unlawful for any person to possess or carry or shoot any firearms within said Park or upon said Lake, except as herein otherwise provided; provided, however, the City of Gardner, Kansas, may issue a special permit to an individual to hunt, shoot, kill, or trap any bird, water fowl, or animal within said Park or upon said Lake if it becomes necessary to do so for animal control, protection of the Lake and Park facilities, or in cases of emergency. (Ord. 1658 § 1. Code 1990 § 12-104)
12.25.050 Boating.
A. Boat License. It shall be unlawful for any person to place any boat upon the Gardner Lake without first having obtained a permit or license to do so, and paying the fee as listed in GMC 12.25.070; provided, however, no boat license or permit shall be issued by the City Clerk, or his/her agent, unless the person making application therefor shall first present the current Kansas State boat license. Decals shall be furnished by the City and owner shall place on his/her boat said decals on the left side toward the stern of boat.
B. Operation of Boats. No boat shall be loaded beyond its safe limit; boats shall be operated in a safe and sane manner and no zig-zagging or spinning of boats shall be permitted. Boats shall be operated at a speed of not to exceed 10 miles per hour. All boats shall be equipped, maintained and operated as required by any applicable state and federal laws, rules and regulations. No water skiing or towing of any inner tubes, surfboards or other items is allowed on Gardner Lake except to tow inoperable boats or remove debris.
C. City Motor License. Hereafter, it shall be lawful for holders of authorized permits to operate outboard motors, inboard motors, or inboard/outboard motors upon said Lake upon the payment of an annual license fee as listed in GMC 12.25.070. Decals shall be furnished by the City and owners shall place on the motor on the left side of the motor.
D. Operation of Outboard Motors. Racing of motors and motors without underwater exhausts will not be permitted. It shall be unlawful for any person to operate any outboard motor within 100 feet of any dock and/or any person fishing along said Lake; provided, however, nothing in this chapter shall prohibit the operation of outboard motors within 100 feet of a dock when the same is docking or leaving a dock, and/or a City Employee inspecting the dock for any purpose and/or when a duly licensed boat and motor is operating at slow trolling speed for fishing purposes. The Governing Body of said City may from time to time close up coves and arms to the use of said motor by posting signs. No motors, except electric trolling motors, shall be operated upon said Lake between one-half hour after sundown and one-half hour before sunup. Boats on the lake between one-half hour after sundown and one-half hour before sunup shall be equipped with lights as required by Kansas regulations. (Ord. 1658 § 1. Code 1990 § 12-105)
12.25.060 Docks.
A. Docks. It shall hereafter be unlawful for any person to build a dock on Gardner Lake without first presenting a plan or design, together with the proposed location thereof, to the City Lake Commissioner and receiving a permit therefor, and shall pay an annual lease, license and inspection fee as listed in GMC 12.25.070, per dock, payable in advance. A monthly late charge as listed in GMC 12.25.070 shall be added to the rental unless paid within 30 days after said rental is due, and if not paid within 90 days after becoming due as herein provided, the City may remove said dock from the Lake at owner’s expense, and refuse thereafter to authorize dock at said location. In the event that the water level at Gardner Lake is more than four feet below normal pool elevation on January 1st of any year, the annual rental and fees shall be due on June 1st of said year.
B. Permit Required to Remodel Existing Dock. Hereafter no dock shall be changed or altered as it was originally approved and designed in any manner, including widening, extending, adding to or removing any portion of the dock as previously approved without first submitting a plan and design in writing to the Lake Commissioner for approval, together with a pencil drawing of the proposed alteration. This section shall not be construed to include the maintenance of an existing dock where no alteration or structural change is contemplated.
C. Unsafe and Unsightly Dock Removals. No license shall be granted for a dock determined unsafe or unsightly by the Governing Body of the City of Gardner, Kansas, whose determination shall be final. Any dock designated “unsafe” and/or “unsightly” must have corrective action taken upon request of the City Council within three months. If no action is taken by the owner, the City may remove said dock from the Lake, at owner’s expense, and refuse thereafter to authorize a dock at said location. Any dock as herein authorized and licensed shall display its permit number during the period of time that the license has been paid as herein provided. Such dock shall be to the exclusive use of the licensees and/or their guests.
D. Numbering of Docks. With all permits for docks, the owner will be assigned a permanent number by the City which shall be displayed on the lake side on the dock. If any dock owner fails to comply with this numbering requirement, the City will identify the dock and a numbering fee as stated in GMC 12.25.070 will be added to the dock owner’s fee for that year.
E. Anchor Buoys. Anchor buoys are to be classified as docks and will be considered only for sailboat mooring. All rules applying to docks shall apply to anchor buoys. (Ord. 1706 § 2; Ord. 1658 § 1. Code 1990 § 12-106)
12.25.070 License and permit fees.
Unless otherwise specified, the following license and permits shall expire on the thirty-first day of December of year issued. No fractional year permits or refunds shall be granted.
|
Fishing License – Resident |
$3.00 |
|
Fishing License – Nonresident |
$10.00 |
|
Boat License – Resident – per boat |
$12.00 |
|
Boat License – Nonresident – per boat |
$30.00 |
|
Motor License – Resident – per motor |
$12.00 |
|
Motor License – Nonresident – per motor |
$30.00 |
|
Dock License – per dock |
$15.00 |
|
Late Dock Registration per month |
$1.50 |
|
Dock Numbering Fee if owner fails to number a dock |
$7.50 |
|
Park Deposit (after sundown) |
$20.00 |
|
Park Electric Charge (deducted from deposit) |
$4.00 |
(Ord. 1700 § 1. Code 1990 § 12-107)
12.25.080 Swimming in lake.
It shall be unlawful for a person to swim at Gardner Lake in any area except the designated City Beach House Swimming Area when it is open to the public; provided, however, dock owners and their guests may swim within 50 feet of their dock at their own risk. (Ord. 1658 § 1. Code 1990 § 12-108)
12.25.090 Unlawful to scuba dive.
It shall be unlawful for any person to scuba dive in the waters of the Gardner Lake unless prior permission is given in writing by the Gardner City Council. In an extreme emergency, approval may be obtained from the Mayor, Lake Commissioner, Police Chief, City Administrator or other designated City official. (Ord. 1658 § 1. Code 1990 § 12-109)
12.25.100 Park below dam.
The use of the City Park below the dam on Gardner Lake shall be open to public use from sunup to sundown daily and may be used after sundown only upon the issuance of a permit from the City with a payment of a deposit as listed in GMC 12.25.070. The deposit shall be returned after an inspection by the City has determined that no damage or vandalism has occurred and, if electricity was used, an amount as listed in GMC 12.25.070 shall be deducted from the return of the deposit. The Police Department of the City of Gardner, Kansas, will clear the Park of people and lock the gate at sundown daily unless a permit has been issued as provided herein. (Ord. 1658 § 1. Code 1990 § 12-110)
12.25.110 Unlawful dumping.
It shall be unlawful for any person to dump or dispose of any kind of live bait, garbage or refuse in the waters of the Gardner Lake. (Ord. 1658 § 1. Code 1990 § 12-111)
12.25.120 Blocking of roads or lanes.
It shall be unlawful for any person to in any way block from passage any road or lane belonging to the City. (Ord. 1658 § 1. Code 1990 § 12-112)
12.25.130 Fencing and personal property.
It shall be unlawful for any person to, in any way, install fencing of any type or place personal property, except boats and docks, the annual fee upon which has been paid, on easements or property belonging to the City. (Ord. 1658 § 1. Code 1990 § 12-113)
12.25.140 Public alcoholic beverage consumption prohibited.
As per City ordinance and state law, consumption of alcoholic beverages including cereal malt beverages are prohibited on any public property. (Ord. 1658 § 1. Code 1990 § 12-114)
12.25.150 Funds.
All funds derived from all sources of revenues, licenses and permits shall be placed in the general fund to be used for the development, maintenance, improvement and operation of the Lake facilities and services and enforcement of the Lake rules and regulations as herein provided; provided, however, that in addition to the expenditures authorized herein, the Governing Body of the City of Gardner, Kansas, may charge said fund, and expend therefrom any sums that are necessary for administrative purposes, as provided for herein. Such funds shall be accounted for, publicly disclosed and audited in conjunction with the other funds of the City. (Ord. 1658 § 1. Code 1990 § 12-115)
12.25.160 Penalty.
Any person violating any of the provisions of this chapter shall, on conviction thereof, be deemed guilty of a misdemeanor and shall be punished by a fine not to exceed $500.00 or by imprisonment in the County Jail for a period not to exceed six months or by both such fine and imprisonment, and upon conviction of the violation of any of the provisions of this chapter, the Municipal Judge of said City may in his discretion, and by way of additional punishment, cancel any or all of such licenses or permits issued to the person so convicted. (Ord. 1658 § 1. Code 1990 § 12-116)