CHAPTER XII. PUBLIC PROPERTYCHAPTER XII. PUBLIC PROPERTY\ARTICLE 1. CITY PARKS

The laws of the city shall extend to and cover all city parks.

The city shall have police regulations governing any public parks belonging to the city and the chief of police and law enforcement officers of the city shall have full power to enforce city laws governing city parks and shall maintain order therein.

(a)   To provide quality park facilities and leisure opportunities to the citizens of Louisburg, Kansas, and

(b)   To prescribe rules, regulations, and enforcement procedures for public safety and awareness, to conserve park resources, to emphasize the highest standards for services and programs, and to insure that the future recreational needs of the City of Louisburg citizens are addressed.

This article shall be applicable to all Louisburg, Kansas, park facilities (hereinafter collectively referred to as “facilities”) that are under the jurisdiction of the City of Louisburg, Kansas, Park Board (hereinafter referred to as “Board”), and to all persons who enter upon such facilities. The facilities shall include the following:

LOUISBURG CITY PARK

LEWIS/YOUNG PARK

CITY LAKE/RON WEERS PARK

LOUISBURG AQUATIC CENTER

If any clause, sentence, paragraph, section or subsection of this article shall be judged invalid by a court of competent jurisdiction, such judgment shall not affect, repeal or invalidate the remainder of the provision or any other section or subsection, and shall be confined to the specific clause, sentence, paragraph, section, or subsection which was found invalid.

(a)   This article shall not be construed nor interpreted as imposing upon either the City of Louisburg, the board, or any of their officials, officers, agents, or employees

(1)   any liability or responsibility for damages to any property; or

(2)   any liability or responsibility for any personal injury.

(b)   In addition, neither the Board nor any individual duly authorized to enforce this article, who acts in good faith and without malice in the performance of official duties, shall assume or have imposed upon them any personal liability, and they are hereby relieved from personal liability or damage that may occur to any person or property as a result of any act required by this article in the discharge of official duties.

This article may be supplemental, or its provisions may be amended by ordinance duly adopted by the Louisburg City Council (hereinafter referred to as City Council), and any such amendments or additions shall be incorporated within and codified as part of this article.

(a)   ADULT means any person who is 18 years of age or older.

(b)   ALCOHOL means the product of distillation of any fermented liquid whether rectified or diluted, whatever its origin, and includes synthetic ethyl alcohol, but does not include denatured alcohol or wood alcohol.

(c)   ALCOHOL LIQUOR means alcohol, spirits, wine, beer and every liquid or solid, patented or not, containing alcohol, spirits, wine, or beer and capable of being consumed as a beverage by a human being, but shall not include any cereal malt beverage.

(d)   BEER means a beverage containing more than 3.2% alcohol by weight, obtained by alcoholic fermentation of an infusion or concoction of barley, or other grain, malt and hops in water and includes beer, ale, stout, lager beer, porter, and similar beverages having such alcoholic content.

(e)   BICYCLE means every device propelled by human power upon which any person may ride, having two (2) tandem wheels, either of which is more than fourteen (14) inches in diameter.

(f)   CEREAL MALT BEVERAGE means any fermented but undistilled liquor brewed or made from malt or from a mixture or malt or malt substitute, but does not include any such liquor which is more than 3.2% alcohol by weight.

(g)   EXOTIC BIRDS OR ANIMALS means birds or animals not commonly kept domestically, including, but not limited to, lions, tigers, bears, falcons, and ostriches.

(h)   FIREWORKS means any combustible or explosive composition, or any substance or combination of substances, or device prepared for the purpose of producing a visible or all audible effect by combustion, explosion, deflagration, or detonation and shall include blank cartridges, toy pistols, toy cannons, toy canes, or toy guns in which explosives arc used, firecrackers, torpedoes, sky-rockets, Roman candles, Daygo bombs, sparklers or other devices of like construction and any device containing an explosive substance. The term “fireworks” shall not include the following:

(1)   Toy caps which do not contain more than one quarter (1/4) grain of explosive compound per cap or devices in which such caps are used;

(2)   Highway flares, railway flares or fuses, ship distress signals, smoke candles or other emergency signal devices; or

(3)   Firearm ammunitions.

(i)    MOTOR VEHICLE means every vehicle, other than a motorized bicycle, which is self- propelled.

(j)    PARK RANGER means any full-time, part-time or volunteer police officer employed or appointed by the City Council.

(k)   PARKING AREA means all parking lots, and the shoulder area of any paved or graveled roadway lip to ten feet from the paved or graveled edge of said roadway, unless otherwise posted.

(l)    PEDESTRIAN means any person walking on foot.

(m)  REFUSE shall include any and all garbage, trash, food wastes, paper, cartons, boxes, barrels, lumber, wood trimmings, tree branches, cut grass and shrubbery, yard trimmings, metals, cans, dirt, rock, cinder, ashes, glass, and dead animals.

(n)   SPIRITS means any beverage which contains alcohol obtained by distillation, mixed with water or other substances in solution, and includes, brandy, rum, whiskey, gin, or other rectified, blended, or otherwise mixed with alcohol or other substances.

(o)   WATERCRAFT means every vessel designed to be propelled by machinery, oars, paddles, or wind action upon sail for navigation on the water.

(p)   WINE means any alcoholic beverage obtained by the normal alcoholic fermentation of the juice of sound, ripe grapes, fruits, berries, or other agricultural products, including such beverages containing added alcohol or spirits or containing sugar added for the purpose of correcting natural deficiencies.

Any paved trails designated as hiking and biking trails, shall only be used by pedestrians, bicyclists, and persons on roller skates. Persons who operate bicycles or who skate or skateboard on designated paved trails shall yield right-of-way to pedestrians. Pedestrians shall move to the right and allow room for oncoming traffic and for faster same direction traffic to pass.

No person shall operate a bicycle on any trail designated for horseback riding. Pedestrians who hike on horseback riding trails shall yield the right-of-way to horses by standing quietly at the side of the trail until the horses have passed.

(a)   All dogs, cats, and other like domesticated animals shall be leashed and kept under control while within park facilities, except that when within the designated boundaries of “OFF LEASH AREAS” dogs may be allowed to run/or swim off leash.

(b)   No exotic birds or animals shall be permitted within the boundaries of any Park Facility, except in accord with provisions of a special use permit.

Except as provided in subsections (a) and (b) below, swimming, bathing and wading shall be prohibited in board facility waters.

(a)   Persons who are fishing and are equipped with wading gear.

(b)   Persons who hold valid scuba certification, and then only in conformity with the provisions of said certificate.

12-113.     ARCHERY

The use of bows and arrows are prohibited in park facilities except by special use permit obtain and have in their possession.

No person shall possess consume, or drink any beverage containing any alcoholic content within the boundaries of any park facility, provided that the Governing Body may by a resolution passed by a majority of the Governing Body approve an exception to this section. The specific terms of such exception shall be set forth in said resolution.

Except as provided in subsections (a), (b) and (c) below, no person shall discharge, use or carry, within the boundaries of Park Facilities, any firearm, air gun, spring gun, blank gun, slingshot, or any other weapon in which force is used to propel projectiles.

(a)   This section shall not apply to law enforcement officers who are authorized by law to carry a firearm.

(b)   This section shall not apply to other persons who are authorized by law to carry a firearm for the performance of their official duties, when said persons are performing their official duties.

(c)   This section shall not apply to persons using bows and arrows in conformity with the provisions of Section 12-114.

Except as provided in subsections (a) and (b) below, horses shall not be ridden or led upon any paved roadway, or upon or adjacent to any paved trail or any trail designated for hiking only, with the exception, however, of designated horse crossing.

(a)   This section shall not apply to any law enforcement officer who is engaged in the discharge of official duties.

(b)   This section does not apply to persons who have previously entered into board special events contracts when such persons are acting in conformity with the provisions of said permit or contract.

Ice skating, ice boating, and snowmobiling shall be prohibited within the boundaries of park facilities.

Except as provided in subsection (a) below overnight camping shall be prohibited.

(a)   This section does not apply to overnight camping conducted or sponsored by organized groups which have made reservations approved by the board for designated campsites.

Aeronauts licensed by the Federal Aviation Administration (FAA) who hold a valid board special use permit for hot air ballooning may only take off from designated areas within park facilities. Landing of hot air balloons shall be prohibited, except for emergency landings as provided by the FAA.

Hobby rockets and remote control planes, boats, cars or other like devices shall be operated only in designated areas of the park facilities by persons who hold valid board special use permits.

No person shall enter or remain within the boundaries of any facility at any time other than the posted hours of operation for that facility.

(a)   This section shall not apply to persons acting in accord with the provisions of any special use permit or special event contract.

(b)   This section shall not apply to any board or city employee or contractor while performing work on behalf of the board.

(c)   This section shall not apply to any law enforcement officer while in the performance of official duties.

(d)   Use of the City Park located at 104 S. 5th Street from the hours of midnight to 5:00 a.m. shall be prohibited.

(Ord. 1007; Code 2016)

Except as provided in subsections (a) and (b), below, no person shall in any manner pursue, catch, kill, trap, or molest any wildlife within the boundaries of park facilities. Furthermore, except as also provided in subsections (a) and (b) below no person shall remove or take any wildlife from the boundaries of park facilities.

(a)   This section shall not apply to law enforcement officers, board, or city employees who are acting within the scope of their official duties.

(b)   This section shall not apply to hunting, trapping, or relocation of wildlife conducted in accordance with official duties and responsibilities of the Kansas State Department of Wildlife and Parks.

(c)   This section shall not apply to lawful fishing.

Except as provided in subsection (a) below, no person shall destroy, alter, damage, injure, or remove any real or personal property which belongs to the city, or any vegetation, ruins, relics, or geographical formations found within the boundaries of any park facility.

(a)   This section shall not apply to persons who are engaged in scientific or educational collection and who possess and are in compliance with specific prior written permission obtained from the board for such activity.

The use of metal detectors shall be restricted to persons who hold a valid board special use permit and who operate the detector in conformity with the provisions of said permit.

Glass beverage containers of any type are prohibited within the boundaries of park facilities.

No person shall use, explode, discharge, display, or possess any fireworks within the boundaries of park facilities, except for persons who have previously obtained and who are operating and acting in accordance with the terms and conditions of a valid board special event contract.

Building of fires shall be restricted to privately owned ovens, grills, stoves, and ring pits and grills which are provided by the board. No fire shall be left unattended. Building of fires may be prohibited by authority of the board by the posting of signs.

The riding of bicycles shall be restricted to paved or graveled roads and to areas and trails specifically designed for such purpose.

No person shall transport any refuse into any park facility for the purpose of disposal within.

Only those persons who hold valid board special use permits or special event contracts and who are acting in conformity with the terms and conditions of said permits or contracts shall be allowed to emit amplified sound within the boundaries of the park facilities.

Posting of signs shall be prohibited except in accordance with the provisions of any valid board special use permit, special event contract, or area reservation.

No person shall solicit or advertise for sale within the boundaries of the park facilities, any product, item, or service except as provided under the terms and conditions of valid board special use permits or special events contracts.

Demonstrations, exhibitions, and special events must first be approved by the park board, pursuant to policies duly adopted by said board prior to their occurrence. Written application must be made to the board at least 45 days in advance of the proposed demonstration, exhibition, or special event.

Subject to the limits and methods designated in subsection

(a)   below, and unless otherwise posted, Kansas law shall govern the taking of fish and frogs from Park Facilities. For the purpose of interpretation of this article, the words “fishing” and “frogging” shall be deemed synonymous, wherever used.

(a)   The following methods of fishing within the boundaries of park facilities shall be prohibited: trotlines, limb lines, bank lines, throw lines, jug lines, throw nets, block lines, gigging, seining, snaring, snagging, and bow fishing. Furthermore, restrictions on length and daily creel limits shall apply where posted.

State of Kansas licensing shall be required for all residents and non-residents of the City of Louisburg, Kansas, who are 16 years of age or older, but younger than 65 years of age. Persons who are required to have said license shall have it in their possession while engaged in fishing or in possession of fish while within the boundaries of any park facility.

Subject to the additional restrictions contained within this article, Kansas law shall govern the use and operation of watercraft on park facility waters.

Privately owned watercraft shall be restricted to Lewis-Young Lake. The use of gasoline motors other than for emergency or official board business shall be prohibited. Watercraft, where permitted, shall be limited upon park facility waters to between the hours of sunrise to one hour prior to the applicable park facility closing.

All metal, fiberglass, plastic, and inflatable watercraft shall be equipped with a flotation system of sealed air chambers or polystyrene plastic air cells. All inflatable watercraft shall be constructed of puncture resistant-material.

No watercraft of any kind shall be stored, kept, or left unattended in park facility waters, at shoreline, or on marginal land. However, the board shall have the right, power, and authority to establish and issue rules and regulations pursuant to which persons may, by permission of, or by contract with the board, maintain watercraft upon the park facility waters.

Any watercraft or other property of value (hereinafter collectively referred to in this section as “Personal Property”) found abandoned, adrift, or left unattended in Park Facility Waters may be taken by the Board and the Board shall have a lien thereon for all expenses of taking, towing, keeping, advertising, and selling of the same and for all damages caused by such personal property to property of the board. The board may enforce such lien by advertisement and sale of such personal property in like manner as security agreements may be foreclosed under the laws of this state annually, or at such other periods of the board may select. A public sale shall be held to dispose of such personal property. Nothing herein shall be construed as exonerating the owner or operator of any such personal property from personal liability to the board or any other person, for any damage or injury caused by the personal property.

Motor Vehicles, when within the boundaries of park facilities, shall be subject to all applicable Kansas State Laws.

Except as provided in subsections (1) and (2), below, all motor vehicles shall be restricted to paved or graveled roads and parking areas. No motor vehicle shall be parked other than in a designated parking area.

(a)   This section shall not apply to authorized emergency vehicles.

(b)   This section shall not apply to city or board vehicles when conducting official business.

The use of skateboards, roller skates, and in-line skates shall be prohibited on all park facility roadways, sidewalks, athletic courts, and structures (i.e., bandstand, playground equipment, etc.).

This article shall apply uniformly to all park facilities which now exist and those which are later developed, and shall supersede any prior City of Louisburg park codes.

No person shall use any park property equipment, or service for which permits and/or fees are required without first obtaining such permit and/or paying such fee. The board hereby reserves the right to restrict or close park facilities temporarily should weather, safety, or incompatible resource and/or program use so require.

From and after the effective date of this article, no person shall violate any of the provisions of this article, or fail to comply with any of its requirements, including, but not limited to, any conditions or terms established in connection with granted permits or use of board property, and any act, conduct, or use which fails to comply with the provisions of this article and any rules or standards adopted as a part of this article, shall be and hereby is declared to be unlawful as a violation of this article.

The failure of any person to comply with, or who violates any provision, requirement standard, or condition contained within or as a part of these regulations, shall be a Class C violation punishable upon conviction, as follows:

(a)   A fine in a sum not exceeding $500.

(b)   Sentence shall be a definite term of confinement in the city or county jail which shall be fixed by the court and shall not exceed one month.

(c)   Both such fine and imprisonment not to exceed (a) and (b) above.

(d)   In addition to or in lieu of any other sentence authorized by law, whenever there is evidence that the act constituting the violation was substantially related to the possession, use or ingestion of cereal malt beverage or alcoholic liquor by such person, the court may order such person to attend and satisfactorily complete an alcohol or drug education or training program certified by the administrative judge of the judicial district or licensed by the secretary of social and rehabilitation services.

The city attorney of the City of Louisburg, Kansas, or such person’s designee, shall have the duty of prosecuting all actions for the enforcement of this article.

The provisions for enforcement of this article shall be cumulative and in addition to all other procedures provided by law for the enforcement of this article.