Chapter 12.25
GARDNER LAKE RULES AND REGULATIONS
Sections:
12.25.020 Permits or licenses.
12.25.070 License and permit fees.
12.25.090 Unlawful to scuba dive.
12.25.110 Blocking of roads, lanes, or accessways.
12.25.120 Fencing and personal property.
12.25.130 Public alcoholic beverage consumption prohibited.
Prior legislation: Code 1990 § 12-110.
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. “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.
E. “Ordinance” shall be construed to mean the ordinances of the City of Gardner, Kansas, as now in effect or hereafter enacted.
F. “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.
G. “Tier 1 residents” includes only those lot owners in the Gardner Lake subdivision with property adjacent to and contiguous with the City property comprising the actual lake shore. It does not include other lot owners in the Gardner Lake subdivision.
H. “Tier 2 residents” includes all lot owners in the Gardner Lake subdivision with property that is neither adjacent to nor contiguous with the City property comprising the actual lake shore.
I. “Park,” for purposes of this chapter, shall mean the City owned park below the dam for “Gardner Lake.”
J. “Permanent improvements” shall include any manmade structure or construction, including, but not limited to, storage sheds, retaining walls, and grading.
K. “Retaining wall” for the purposes of “Gardner Lake,” as defined herein, shall include any construction that retains earth.
L. “Grading” shall include any activity that disturbs the vegetation of “Gardner Lake,” as defined herein. (Ord. 2400 § 1; Ord. 1658 § 1. Code 1990 § 12-101)
12.25.020 Permits or licenses.
It shall hereafter be unlawful for any person to keep, maintain or use any 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. 2400 § 1; 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 fishing license from the State of Kansas Department of Wildlife and Parks; provided, however, that all persons not required to obtain a state permit to fish are likewise exempt from the provisions of this section.
B. Fishing Regulations and Restrictions. All persons granted a permit or license to fish in the Gardner Lake shall be required to observe the restrictions on fishing as provided for in the laws of the State of Kansas and the regulations or rules of the State of Kansas Department of Wildlife and Parks. (Ord. 2400 § 1; 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. 2400 § 1; 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 from the State of Kansas Department of Wildlife and Parks.
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 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. Operation of Outboard Motors. It shall be unlawful for any person to operate any motorized boat in such a manner as to leave a wake within 100 feet of any dock and/or any person fishing along said lake.
D. It shall be unlawful for any boat to anchor or otherwise attach to any of the no-wake buoys located on the lake. (Ord. 2400 § 1; 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 Public Works Director 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. The plan or design shall include the proposed location, and any proposed concrete slab or deck. Design standards for docks shall be provided by the City. 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. Any concrete slab or deck permitted with the dock shall be removed when the dock permit expires. Permits to install a new dock will not be issued to Tier 2 residents.
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 Public Works Director for approval, together with a pencil drawing of the proposed alteration. Permits to remodel an existing dock will not be issued to Tier 2 residents. 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 Public Works Director. Any dock designated “unsafe” and/or “unsightly” must have corrective action taken upon request of the Public Works Director 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 dock, 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 notify the owner in writing that unless the owner complies with the numbering requirement within 30 days of the date of the notice, 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.
F. Any dock permitted in 2011, prior to adoption of these revisions to the code, shall be allowed to remain in place, as long as it is kept in good repair and the dock permit fees are kept current. Should a dock permitted for Tier 2 resident property require major work, remodeling, or be removed from the lake, the permit shall be revoked, the dock shall be removed from the lake by the dock owner, and a new permit will not be issued.
G. Persons may appeal decisions of the Public Works Director through the City Administrator. The appeal must be submitted to the City Administrator within 30 days. The City Administrator shall hear and decide appeals and requests for variances from the requirements of this section by submitting a letter to the City Administrator stating the reasons for the appeal. The City Administrator shall hear and decide appeals, within 10 days of receipt of the appeal. (Ord. 2400 § 1; Ord. 1706 § 2; Ord. 1658 § 1. Code 1990 § 12-106)
12.25.070 License and permit fees.
Unless otherwise specified, the license and permits shall expire on the thirty-first day of December of year issued. Permit fees, late fees, and dock numbering fees shall be determined by the Governing Body through resolution. No fractional year permits or refunds shall be granted. (Ord. 2400 § 1; 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; provided, however, dock owners and their guests may swim within 50 feet of their dock at their own risk. (Ord. 2400 § 1; 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 Public Works Director. (Ord. 2400 § 1; Ord. 1658 § 1. Code 1990 § 12-109)
12.25.100 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. 2400 § 1; Ord. 1658 § 1. Code 1990 § 12-111. Formerly 12.25.110)
12.25.110 Blocking of roads, lanes, or accessways.
It shall be unlawful for any person to in any way block from passage any road, lane, or accessway belonging to the City. (Ord. 2400 § 1; Ord. 1658 § 1. Code 1990 § 12-112. Formerly 12.25.120)
12.25.120 Fencing and personal property.
It shall be unlawful for any person to, in any way, install fencing of any type; install permanent improvements, including grading, of any type; or place personal property on easements or property belonging to the City. However, boats and docks, the annual fee upon which has been paid, may be placed at the location designated on the dock permit. Each dock permit on lots adjacent to the Lake may install a concrete slab or deck (less than two inches above ground level, and no larger than 10 feet by 10 feet) attendant to their dock. (Ord. 2400 § 1; Ord. 1658 § 1. Code 1990 § 12-113. Formerly 12.25.130)
12.25.130 Public alcoholic beverage consumption prohibited.
As per City ordinance and state law, consumption of alcoholic beverages including cereal malt beverages are prohibited on Gardner Lake except at the Gardner Lake Park when properly leased for an event. (Ord. 2400 § 1; Ord. 1658 § 1. Code 1990 § 12-114. Formerly 12.25.140)
12.25.140 Funds.
All funds derived from all sources of revenues, licenses and permits, except those funds derived from parks and shelter rentals, 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. 2400 § 1; Ord. 1658 § 1. Code 1990 § 12-115. Formerly 12.25.150)
12.25.150 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. 2400 § 1; Ord. 1658 § 1. Code 1990 § 12-116. Formerly 12.25.160)