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City Code CHAPTER XII. PUBLIC PROPERTY

CHAPTER XII. PUBLIC PROPERTY

February 02, 2016

CHAPTER XII. PUBLIC PROPERTY

June 06, 2010

 

Article 1. City Parks

Article 2. Greenwood Cemetery

Article 3. Lake Eureka

Article 4. Library and Library Board Article 5. Joint Recreation Commission Article 6. Eureka Municipal Airport Article 7. Firearm Regulations

 

 

 

ARTICLE 1. CITY PARKS

 

12-101. CITY LAWS EXTENDED TO PARK. The laws of the city shall extend to and cover all city parks. (Code

1993)

 

12-102. POLICE JURISDICTION OVER 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. (Code 1993)

 

12-103. DAMAGING PARK PROPERTY. 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, tree or improvement or property of any kind belonging to any park owned by the city. (Code 1993)

 

12-104. DANGEROUS WEAPONS NOT ALLOWED. (a) Except as provided in subsection (b), it shall be unlawful for any person to carry or have in his or her possession any firearm or dangerous weapon or to shoot or discharge the same within the limits of any city parks.

(b) The provisions of subsection (a) above shall not apply to duly authorized law enforcement officers in the performance of official duty.

(Code 1993)

 

12-105. VEHICLE REGULATIONS. (a) Motor vehicles, including any vehicle licensed to operate on public streets, roads and highways and motorbikes, go-carts, snowmobiles and other motorized off-the-road vehicles shall be operated in a safe and prudent manner at all times in park areas.

(b) Except as provided in subsection (d), it shall be unlawful for any person to park any motor vehicle in any area not designated for such purpose.

(c) Except as provided in subsection (d), it shall be unlawful for any person to operate any motor vehicle within any city park except upon roads, drives and parking areas established by the city.

(d) Subsections (b) and (c) above shall not apply to authorized city employees while engaged in the maintenance and care of the park.

 

(e) It shall be unlawful to operate any such vehicle in any park area at a speed in excess of 20 m.p.h. (Code 1993)

 

12-106. HUNTING. It shall be unlawful for any person to pursue, catch, trap, maim, kill, shoot or take any wildlife, either bird or animal, in any manner at any time while in any city park. (Code 1993)

 

12-107. FIRES. It shall be unlawful for any person to build or kindle any fire in any city park except in the ovens, stoves, or grills provided for that purpose by the city, and such fire must be extinguished by the person, persons or parties starting such fire, immediately after use thereof. (Code 1993)

 

12-108. CAMPING PROHIBITED. Overnight camping is hereby prohibited in city parks except where posted. (Code 1993)

 

12-109. SANITATION. All waste material, paper, trash, rubbish, tin cans, bottles, containers, garbage and refuse of any kind whatsoever shall be deposited in disposal containers provided for such purposes. No such waste or contaminating material shall be discarded otherwise. No sticks, stones, trash or other objects shall be thrown or discarded in or on any park lands, fountains, pools, drinking fountains, sanitary facilities, or other improvements. (Code 1993)

 

12-110. PROHIBITION AGAINST ALCOHOLIC BEVERAGES AND CEREAL MALT BEVERAGES. It shall be unlawful for any person or persons to use, consume or have on the premises of any park or other city property within the city any alcoholic liquor or cereal malt beverage. (Code 1993)

 

12-111. PRESERVATION OF NATURAL STATE. 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 city parks.

(Code 1993)

12-112. GENERAL REGULATIONS. The city may post such rules and regulations, as are approved by the governing body, pertaining to the use of the city parks in a conspicuous place in each city park. Violations of these posted rules shall constitute a violation of this code. (Code 1993)

 

12-113. HOURS. It shall be unlawful for any person to be in or operate a motorized vehicle, bicycle or other means of conveyance upon any property inside the boundaries of those parks designated as Eureka City Park and Lions Club Park between the hours of 12:00 midnight and the following sunrise except as hereinafter provided. (Ord. 2967, Sec. 1)

 

12-114. SAME. Any person desiring to enter into or use the facilities of those parks designated as Eureka City Park and Lions Club Park between the hours of 12:00 midnight and the following sunrise must first receive a permit from the chief of police of the city for such entering or use prior to the entry or use. (Ord. 2967, Sec. 2)

 

12-115. RULES AND REGULATIONS; PERMITS. The chief of police of the city is hereby authorized and directed to establish rules and regulations under which permits will be given for the use of or entry into the

parks between the hours of midnight and the following sunrise. A copy of the rules and regulations shall be filed

in the office of the city clerk and at the Eureka police department and shall be available for public inspection during the hours in which either of the offices shall be open. (Ord. 2967, Sec. 3)

 

ARTICLE 2. GREENWOOD CEMETERY

 

12-201. CEMETERY LOTS; USE. All lots shall be held as burial places for the dead, and for no other purpose. (Code 1965, 9-501)

 

12-202. BURIALS; RESTRICTIONS. The owners of any lots shall not allow interments to be made in their lots for remuneration, nor shall any transfer or assignment of any lot or any interest therein be valid without securing the registration and the endorsement in writing on the back thereof, by the city clerk. (Code 1965, 9

502)

 

12-203. MONUMENTS. The owner of each lot shall have the right to erect any proper stones, monuments and sepulcher structures on that lot, except that no vaults or mausoleum shall be built entirely or partly aboveground unless they are not less than two feet from the edge of the lot upon which they are built. (Code

1965, 9 503)

 

12-204. LOTS; PLANTS AND SHRUBS. The owner of every lot shall have the right to cultivate only such shrubbery and plants in the same as shall be approved by the city council or the sexton, but no trees growing within the lots or on the border thereof shall be cut down or destroyed without having first secured the written permission of the city council or the sexton. (Code 1965, 9 504)

 

12-205. LOTS; CARE. The city council may prohibit or remove any erection, enclosure, or anything which they deem detrimental to the general good appearance of the ground or which shall, in the judgment of the city council prevent the easy or proper care of lot, and may remove or prune trees, shrubbery or flowers within the cemetery. (Code 1965, 9-505)

 

12-206. LOTS; GRADING; CURBS. No mound or any grave shall be raised to such a height that it cannot be mown across with a lawnmower. In no case shall the height exceed four inches above the regular ground line. No curbing shall be built around any lot or grave. (Code 1965, 9-506)

 

12-207. INTERMENTS. All interments and disinterments shall be made by the sexton of the cemetery on presentation of an order from the city clerk which shall be issued on the payment of the proper fee therefor. (Code 1965, 9-507)

 

 

12-208. OPENING GRAVES; CHARGE. (a) The charge for opening and closing graves of a length of four feet (4’) and under in Greenwood Cemetery shall be $100.00 for each grave on week days and $200.00 for each grave on Saturdays, Sundays, and holidays. The charge for opening and closing graves of a length of more than four feet (4’) in Greenwood Cemetery shall be $250.00 for each grave on week days and $400.00 for each grave on Saturdays, Sundays, and holidays.

(b) The charge for purchasing grave sites in those areas designated, as baby row shall be $50.00 per grave site. The charge for purchasing all other grave sites in Greenwood Cemetery shall be $300.00 per grave site to be used for burial of a resident of Greenwood County and $500.00 per grave site for the burial of a nonresident. There will be a 10% discount given to anyone purchasing at one time, a full lot, which consist of eight grave sites. A resident of the Greenwood County is an individual who resided in the Greenwood County at the time of Lot Purchase.

(Ord. 4054, Sec. 1; Ord. 3994, Sec. 1; Code 2007)

 

12-209. INTERMENTS; RESTRICTIONS. No interment shall be made of two or more bodies in one grave, unless the bodies lie side by side, the fees being the same as two interments, except in the case of a mother and infant, or two children buried in one coffin. (Code 1965, 9-509)

 

12-210. INTERMENT; RESTRICTIONS. No interment of any body other than that of a human being shall be permitted in the cemetery. (Code 1965, 9-510)

 

12-211. INTERMENTS; NOTICE; RESTRICTIONS. Whenever interments are to be made, the notice shall be given on the day previous to the sexton and if the interment is to be made in a private lot, the location of the grave in the lot shall be specified. No interment of any body other than that of an immediate relative or heir of the owner of any lot shall be made unless written permission of such lot owner is filed with the city clerk. (Code

1965, 9-511)

 

12-212. MONUMENTS; JOINT OWNERSHIP. Where the lot is owned by two or more parties, and they desire to erect a monument, it is recommended that they unite in erecting a joint memorial. (Code 1965, 9-512)

 

12-213. WOODEN GRAVE MARKERS. Wooden grave markers or monuments are prohibited. (Code 1965, 9-

513)

 

12-214. MONUMENT FOUNDATIONS. (a) The bases of all monuments or markers must be cut so as to set squarely on level foundations.

(b) All monuments and engraved stones must be placed upon foundations built of solid masonry or concrete, which shall not be more than three feet deep nor less than four inches thick and of a size no less than six

inches outside the base of the stone to be placed upon the base. (c) No foundation shall be built less than one foot square.

(Ord. 2422, Sec. 1)

 

12-215. CEMETERY HOURS. No person shall be permitted within the cemetery between the hours of sunset and sunrise. (Code 1965, 9-515)

 

 

12-216. TREES AND SHRUBS. It shall be unlawful for any person to plant in or remove from any lot or portion of a lot any tree or shrub without the prior consent of the governing body. The governing body reserves the right to trim or remove any trees, shrubs, or plants growing on any lot. (Code 1965, 9-516)

 

12-217. DOGS IN CEMETERY. It shall be unlawful for any person to permit a dog to run loose in the cemetery. All persons entering any cemetery with a dog must keep the same on leash or confined within an automobile. (Code 1965, 9-617)

 

12-218. CONDUCT IN CEMETERY. It is to be remembered that the cemetery grounds are sacredly devoted to the interment of the dead and proper decorum within and near the cemetery shall be mandatory of all persons at all times.

(Code 1965, 9 618)

 

12-219. ADVERTISEMENTS. No advertisement shall be permitted within the cemetery at any time. (Code

1965, 9-519)

 

12-220. VEHICLES; ANIMALS. It shall be unlawful for any person to drive any vehicle or any animal upon cemetery grounds except upon the drives provided for that purpose. (Code 1965, 9-520)

 

12-221. OFFENSES AFFECTING GRAVES. It shall be unlawful for any person without authority of the relatives of the deceased or the person in charge of the cemetery willfully to remove or destroy any monuments, or decoration on the premises in the cemetery, or in any way to molest or disturb any grave or the improvements placed on the burial lot where any grave is located. (Code 1965, 9-521)

 

ARTICLE 3. LAKE EUREKA

 

12-301. LAKE EUREKA; PUBLIC USE; WATER SUPPLY. The city-owned lake known as Lake Eureka and all of the city-owned land adjacent to that lake, located in sections 3, 4, and 10, Township 25 South, Range 10

East, Greenwood County, Kansas, are hereby opened to public use as a park and for recreational purposes in areas designated for public use. All leased property shall be considered private property and shall not be open

to public use. No public or private use of the lake shall interfere with the use of the lake as a municipal water supply.

(Ord. 4072, Sec. 1; Code 2007)

 

12-302. ARTICLE SUPPLEMENTAL TO CITY ORDINANCES. This article shall be cumulative to and supplemental to the city ordinances. All city ordinances, to the extent applicable, shall apply to Lake Eureka. Specifically, all buildings and construction at the lake must be in compliance with Articles 2, 3, 4, 5, and 6, Chapter 4 of the Code of the City of Eureka. (Ord. 3906; Code 2007)

 

12-303. POLICE JURISDICTION. The police jurisdiction of the city is hereby extended to Lake Eureka. (Ord

3906; Code 2007)

 

12-304. DEFINITIONS. (a) City. - As used herein, “city” shall refer to the City of Eureka, Kansas, unless the context requires otherwise.

(b) Lake Eureka - The lake and adjacent property set out in Section 12-301 shall be referred to as Lake Eureka

in this article.

(c) Resident / Non-Resident. - As used in this article, “resident” includes only the named Licensee of a lake lot

site or a resident of the city. All other applicants will he considered as non-resident far purposes of permits issued hereunder.

(d) Water craft. - As used herein, water craft shall include any boat, canoe, rowboat, and any other craft or vehicle intended to convey people on the lake, whether powered or not powered. The term “personal water

craft” shall include water bikes, jet skis, and similar craft. (Ord 3906; Code 2007)

 

12-305. LICENSES AND PERMITS REQUIRED; FISHING; WATER CRAFT; LOT SITE AND STRUCTURES. It shall be unlawful for any person to fish in or have any water craft upon Lake Eureka or to maintain or hereafter construct, remodel, replace or repair any structure upon city owned property adjacent to Lake Eureka without a permit or license as hereinafter provided. (Ord 3906; Code 2007)

 

12-306. WADING; SWIMMING; OPERATION OF WATER CRAFT; FISHING.

 

(a) Wading and Swimming - It shall be unlawful for any person to wade or swim in Lake Eureka except for the purpose of dock or shoreline repairs and maintenance; as incidental to the sport of waterskiing; as necessary and incidental to launching, entering or leaving a boat within a leased lot and at a cabin site boat dock as necessary and incidental to the launching of boats from any city dock or boat ramp; and as necessary during emergencies and for maintenance and repair of city property; provided, however, the governing body of the City of Eureka may from time to time designate an area or areas of the lake where swimming is permitted and when so designated with proper signs and markings, swimming will be permitted in the designated area or areas subject to any rules and regulations adopted by the city and made applicable to swimming at Lake Eureka.

(b) Fishing Permits; Rates and Game Laws. - All fishing permits issued under this article shall be subject to all the fish and game laws of the State of Kansas and the rules and regulations of the Kansas Department of Wildlife and Parks. Before any fishing permit shall be issued under this article, the applicant must be in possession of a valid license issued by the State of Kansas.

(c) Fishing Permits; Rates; Regulations. - (1) Except as provided herein, no person shall fish at Lake Eureka without a separate permit issued by the city.

(2) A fishing permit for residents and non-residents shall be obtained from the lake caretaker or other

 

designated persons.

(3) Children under 16 years of age may fish in the lake without a permit, provided the child is accompanied by a person who has a valid permit and fishing license.

(4) All permit holders shall carry their permit upon their person when fishing and shall display them to any officer of the city or any other law enforcement officer upon demand.

(5) Any person age 65 years and older may fish in the lake without a permit.

(6) All yearly fishing permits issued by the city shall expire on the 31st day of December of the year in which it

is issued. Any one day fishing permit shall be valid only on the days for which it is issued. (7) The governing body shall set permit fees by separate resolution.

(d) Fishing Regulations. - (1) It shall be unlawful to fish in the lake except with pole or rod and line and it shall be unlawful for any person to have set at any one time more than two poles or rods and lines or to have more

than two hooks on any one line.

(2) It shall be unlawful to sell or buy any fish caught or taken from Lake Eureka.

(3) It shall be unlawful to fish with limb lines, trot lines, buoy lines, or bottle lines. (4) The dumping of minnows or any other kind of bait in the lake is prohibited.

(e) Keeping; Operating; Riding in Water Craft at Own Risk. - No personal shall maintain or operate any water craft on Lake Eureka without a permit issued by the city under this article. All persons keeping, maintaining,

operating, and riding in water craft on Lake Eureka do so entirely at theft own risk.

(f) Water Craft Permit; Application. - Any resident or non¬resident seeking to keep, operate, and maintain any

water craft upon Lake Eureka shall submit an application in writing for a permit to the caretaker or other designated person. In the event that Kansas by law requires a state license or permit to operate any water craft, no Lake Eureka permit shall be granted to any person who does not have the necessary state license or permit No permit shall be issued for any water craft until the owner shall execute and deliver to the person issuing the permit a statement, in writing under penalty of perjury under Kansas law, that the insurance coverage required in Section 12-306(g) of this article has been obtained and is in full force and effect Upon request, the applicant shall furnish written confirmation or other proof of insurance to the person issuing the permit.

 

(g) Liability Insurance Required. - Owners of all water craft shall keep in force at all times during the effective term of their water craft permit, a public liability and property damage insurance policy covering the operation of such water craft by any operator with liability limits in such amounts as the governing body shall from time to time establish by resolution.

(h) Permit Fees; Water Craft. - The governing body shall by resolution establish permit fees for all water craft that will be used on Lake Eureka. Daily permits will not be issued for the period from two (2) days before to two (2) days following Memorial Day, July 4, and Labor Day.

(i) Persons Under 16 Years not to Operate Water Craft; Exceptions. - No person under the age of 16 shall

operate a powered water craft unless accompanied by an adult.

(j) Water Craft Permit; Nontransferable. - Water craft permits shall not be transferable to any water craft.

(k) Revocation of Water Craft Permit; When; Hearing for Reinstatement. - The caretaker, his or her assistants, or any of the city law enforcement officers may immediately revoke any permit for any water craft operated on Lake Eureka in a hazardous, negligent, careless, or unlawful manner. Revocation of such water craft permit shall be effective for the balance of the year for which such water craft permit was granted; provided that the permit holder may apply for reinstatement of the water craft permit to the governing body which shall appoint an officer or a committee to hold the hearing on reinstating the permit. If a permit is revoked, the permit fee is not refundable.

(l) Equipment Required; All Water Craft. - (1) All water craft shall be equipped with sealed air chambers or other

buoyant devices capable of keeping the water craft and occupants afloat.

(2) All water craft occupants under the age of twelve shall wear a Coast Guard approved personal floatation

device. All occupants of personal water craft shall wear a Coast Guard approved personal floatation device at all times. Occupants in other types of water craft over twelve years of age shall have Coast Guard approved personal floatation devices available within the water craft

(3) Each water craft other than a personal water craft such as a jet ski shall be equipped with one or more oars

or paddles.

(4) Mufflers required. It is unlawful to use a water craft propelled by an internal combustion engine unless the

same is provided with a stock factory muffler, underwater exhaust, or other modem devices capable of adequately muffling the sound or the exhaust of the engine. The phrase “adequately muffling” shall mean that the motor’s exhaust at all time shall be so muffled or suppressed as not to create excessive or unusual noise. The discharge of cooling water through the exhaust of an inboard engine shall be considered an adequate muffling device. The use of cutouts except as provided in Section 82a-809 of the Kansas Statutes Annotated is

 

prohibited.

(m) Certain Prohibited Operations. - (1) No person shall operate any water craft or any water skis, surfboard, or similar device in a reckless or negligent manner so as to endanger the life or property of any person.

(2) No person shall operate any water craft, water skis, surfboard, or similar device while under the influence of alcohol or any narcotic drug, barbiturate, or marijuana.

 

(3) No person shall operate any water craft except for fishing purposes, or pull any water skis, surfboards, or similar device in any area of the lake designated or marked as a non-water craft area by the city.

(4) No person shall operate any water craft loaded with passengers or cargo beyond its safe carrying capacity,

taking into consideration weather and other operating conditions.

(5) No person operating any motorboat, vessel or water craft, including jet skis, shall steer or turn such

motorboat, vessel or water craft in a sharp manner such that the motorboat, vessel or water craft, within a short distance, turns one hundred and eighty (180) degrees or more from its course of direction prior to beginning such turn.

(n) Right-of-Way Regulations; Meeting and Overtaking Other Water Craft. - Water craft, when meeting, shall

pass each other to the right. Water craft, when approaching each other obliquely or at right angles, will yield the right of way to the water craft on the tight. Sailboats, canoes, rowboats, surfboards, and other unpowered craft shall have the right of way at all times. One water craft may overtake another on either side but must grant right of way to the overtaken water craft. All motorized water craft must operate in a counter-clockwise pattern.

(o) Collisions; Accidents; or Casualties. - (1) It shall be the duty of the operator of a water craft involved in a collision, accident, or other casualty so far as he or she can do so without serious danger to his or her own vessel, crew, and passengers, to render to other persons affected by the collision, accident, or other casualty such assistance as may be practicable and as may be necessary in order to save them from or minimize any dangers caused by the collision, accident, or other casualty. The operator shall also give in writing his or her name, address, and the identification number of the water craft to any person injured and to the owner of any property damaged in the collision, accident, or other casualty.

(2) The operator or owner of any water craft involved in a collision, accident or other casualty shall file any

report required by Kansas law with the State Department of Wildlife and Parks (or other state agency) of the collision, accident, or other casualty within twenty-four (24) hours of the collision. The owner or operator shall file a copy of such report with the city police department within twenty-four (24) hours of such collision, accident, or other casualty.

(p) Water Skiing; Hours; Rules. - Water skiing is permitted provided:

(1) Each person water skiing shall wear a Coast Guard approved personal floatation device. (2) All persons water skiing do so at their own risk.

(3) Water skiing, where otherwise permitted herein, is permitted only between sunup and sunset.

(4) No person shall operate or manipulate any vessel, tow rope, or other device by which the direction or

location of water skis, surfboard, or similar device may be affected or controlled in such a way as to cause the water skis, surfboard, or similar device, or any person thereon to collide with or strike against any object or person.

 

(5) No person shall operate any water craft on Lake Eureka for towing a person or persons on water skis, surfboard, or similar device, unless the water craft is equipped with a wide angle rear-view mirror properly placed to provide a maximum vision of the person or persons being towed, or there is an observer in or on the water craft in addition to the operator. The observer must be a responsible person of at least twelve years of age.

(6) The provisions of subsection (1) of this section do not apply to a performer engaged in a professional

exhibition or a person or persons engaged in an activity authorized under K.S.A. 32-1149.

(q) Suspension of Water Craft Activity. - The lake caretaker may suspend all water craft activity on the lake at

any time for safety reasons.

(r) Houseboats Prohibited. - Houseboats are expressly prohibited on Lake Eureka.

(Ord. 3986, Sec. 1; Code 2007)

 

12-307. FIREARMS; DISCHARGE; HUNTERS. It shall be unlawful for any person to shoot or discharge any firearm at Lake Eureka, except by law enforcement personnel in furtherance of their duties. No hunting shall be permitted at Lake Eureka. (Ord. 3985, Sec. 1; Code 2007)

 

12-308. REGULATION OF LOT LICENSES; BUILDING AND SANITATION CODES; CONSTRUCTION AND REMODELING.

(a) Lot Sites; Residence License. - Subject to the provisions of this article, any responsible person may obtain a

 

license to construct and maintain structures upon such parcel of ground surrounding Lake Eureka as has been designated by the governing body. Such license shall be for an indefinite period and shall be conditional upon the applicant/holder complying with all applicable city ordinances and resolutions and payment of fees approved by the city governing body.

(b) License Application. - Any person seeking a lot license shall make a written application and pay a fee to the

City Clerk The application must be approved or rejected by the City Administrator, If approved by the City

Administrator, the governing body shall consider and determine whether to make final approval.

(c) Lot License Fees. - After the lot license application has been approved by the City Administrator and the governing body, the City Clerk shall issue a license upon such form as may be adopted by the governing body to the applicant granting to the applicant a license to construct and maintain structures on the lot conditional upon the Licensee complying with all applicable city ordinances and resolutions and payment of fees approved by the city governing body. All annual license fees shall be payable in advance on or before the first day of July in each year. Commencing with calendar year 2003, an annual trash removal deposit fee shall be payable in advance on or before the first day of July and at the same time as the license fee is paid by each Licensee a sum not to exceed $100.00 per license. The payment of the annual trash removal deposit fee shall be abated

or refunded to Licensee if at the time the Licensee pays its annual license fee or at any time during the calendar year for which an annual trash removal deposit fee was paid, said Licensee provides proof that it has purchased trash service for his/her/its lot and paid for said trash service. In the event the Licensee has failed to apply for a refund of the annual trash removal deposit fee prior to December 31st of the year for which said annual trash removal deposit fee was paid and, in connection therewith, submitted sufficient documentation to support said refund, said annual trash removal deposit fee shall be forfeited to the city.

 

(d) Failure to Pay Lot License Fees; Revocation of License. - If any Licensee shall fail to pay any yearly lot license fee when due, the governing body of the city shall have the right, to cancel the license upon giving the license holder 10 days written notice. If the license fee and late fees assessed by the governing body are not paid within the period of time specified in the notice, the governing body may sell and dispose of the structures on the lot.. Lot license fees and accrued late fees shall constitute a first lien against the license and any structures on the lot and must be paid in full before a defaulted license can be reinstated or transferred.

(e) Lot License Transfers. A lot license may be transferred by a Licensee by assignment or by inheritance.

However, until a transfer is approved by the city, the Licensee of records remains liable for any lot rent and other fees and no transfer is effective until approved by the city. Any person wishing to transfer a lot license shall obtain an application from the City Clerk. The transferee shall pay a fee set by the governing body for the transfer and in addition shall pay any unpaid rent and late fees. Before the transfer can be approved, boundary lines must be established by the lake caretaker and the septic system must meet approved code for Lake Eureka. The lot license transfer must be approved by the City Administrator and the governing body. The city may condition approval of the transfer upon the compliance of the transferee with any existing regulations applicable to the license.

(f) Building and Land Use Regulations. - (1) Each lot licensee shall keep their premises clean and in a sanitary

condition at all times and comply with all applicable rules and regulations of the city code and the State of

Kansas. All structures shall be kept well painted, neat, and in good state of repair.

(2) No person shall conduct any business or perform any services for profit upon any lot.

(3) No cabin, house, or other building shall be used for any unlawful purpose and, for the violation of the city

code, the governing body may revoke any license issued hereunder and require the removal of the building from the premises upon such notice and an opportunity for a hearing as the governing body shall establish by resolution.

(4) No structure shall hereafter be erected at Lake Eureka by any license holder closer than 5 feet from the

boundary line of the lot on which said structure is erected.

(g) Manufactured Housing Regulations. - (1) A manufactured house is defined as a dwelling unit substantially

assembled in an off-site manufacturing facility for installation or assembly at the dwelling site, beating a label certifying that it was built in compliance with National Manufactured Home Construction and Safety Standards (24 CFR 3280, et seq.) promulgated by the U.S. Department of Housing and Urban Development.

(2) No manufactured house shall be hereafter erected, located, maintained, or used for dwelling purposes on

any lot located at Lake Eureka unless said house qualifies as a manufactured house as defined in paragraph

(1).

(3) The lawful use of any lot existing at the time of adoption of this ordinance may be continued although such use does not conform to the provisions hereoe provided however: (i) The cessation of the nonconforming use for a period of thirty (30) days shall terminate the right of the license holder to the continuance of the nonconforming use; and (ii) No manufactured house used for dwelling purposes which has been damaged by fire, explosion, or act of God, to the extent of more than fifty percent (50%) of its fair market value shall be

 

restored except in conformity with the provisions of this article.

 

(h) Lake Eureka Area Sanitation Regulations; Water Pollution. - (1) No human excrement shall be deposited or discharged into Lake Eureka or into any lake tributary and no cesspool, privy, or other receptacle for the deposit of human excrement shall be located, constructed, or maintained within the lake drainage area unless such cesspool, privy, or other receptacle be so constructed that no portion of its contents can escape or be washed into such watercourse.

(2) No human excrement or compost containing human excrement, or contents of any privy, cesspool, sewer,

or other receptacle for the reception or storage of human excrement shall be deposited or discharged within the

lake drainage area or upon or into the ground at a place from which any such excrement, compost, or content or particle thereof may flow to be washed or carried into the lake or into any tributary of the lake.

(3) No house slops, sink water, wash water or cooking water, or any other polluted water shall be discharged into the lake or into any watercourse within the lake drainage area; and no house slops, sink waste, water

which has been used for washing or cooking, or other polluted water shall be discharged into or upon the ground in the lake drainage area except as recommend by the Kansas State Department of Health and

Environment and approved by the city.

(4) No garbage, manure, or putrescible matter whatsoever shall be put into the lake or into any tributary of the

lake; and no garbage, manure, or putrescible matter whatsoever shall be put upon the ground in the lake drainage area.

(5) No stable, dog pen, pigsty, henhouse, barnyard, hog yard, hitching or standing place for horses, cattle, or other animals, or other place where animals manure is deposited or accumulated, shall be located,

constructed, or maintained in the lake drainage area or the high water line of the lake or of any tributary of the lake.

(6) No refuse, industrial wastes, salt water or other waste products or polluting liquids, or other substance of a nature poisonous or injurious, either to human beings or animals or of such nature as would impart an

objectionable taste or odor to any water into which it might be discharged, and no putrescible matter whatsoever shall be discharged directly into or at any place from which it may flow or be washed or carried into

the lake or into any tributary of the lake.

(7) No system of sewers or other works •for the collection, conveyance, disposal, or purification of domestic or

manufacturing sewage, wastes, or drainage, or any other putrescible matters whatsoever shall be constructed or maintained within the Lake Eureka drainage area except in accordance with resolutions adopted by the City of Eureka or regulations as may be applied by the Kansas State Department of Health and Environment and approved by the city. All installations shall be made under the supervision of the City Administrator or his or her designee.

(8) Any camp trailer or other mobile dwelling being occupied for more than fourteen (14) consecutive days shall be hooked to a holding tank or septic system installed in compliance with the provisions of this ordinance.

 

(i) Building Restrictions; Camping Restrictions. - (1) No human habitation, cottage, tent, camp site, or residence of any kind, either temporary or permanent, shall hereafter be built, set up, or constructed upon any lands

within 100 feet of the normal water line of Lake Eureka or of any watercourse in the Lake Eureka drainage area

except upon such or any part of such lands the natural drainage of which is not into the lake or watercourse; provided, however, the city may construct and maintain such structures within such prohibited territory as may be necessary in the furtherance of the protection of such reservoir from contamination and pollution.

(2) Existing structures: Compliance: Written Waiver of Compliance.

(A) The city recognizes that some existing structures, including septic systems, do not comply with the requirements of this ordinance and the resolutions passed hereunder.

(B) To the extent that, upon inspection the caretaker determines that an existing structure presents a health or safety hazard to the safe use of Lake Eureka, the caretaker shall give written notice to the Licensee describing

the hazard and requiring that the hazard be corrected within a reasonable period of time. If the Licensee fails to correct the hazard within the time specified, the city governing body, after further notice, may terminate or

refuse to renew the license.

(C) To the extent that an existing structure does not constitute a health hazard or a threat to safe use of Lake

Eureka, licensees may obtain from the caretaker a written waiver of compliance with the applicable city ordinances and resolutions. All such waivers must be obtained within 180 days of the effective date of this ordinance. Any waiver dated more than 180 days after the effective date is null and void. Any waiver must describe the location and condition of a structure on a lot and must state specifically that the structure does not constitute a health or safety hazard. The licensee will retain a copy of the waiver and the original signed copy will be filed with the City Clerk.

(3) The lawful use of any lot existing at the time of adoption of this ordinance may be continued although such

 

use does not conform to the provisions hereof, provided that an existing structure does not constitute a health hazard or a threat to safe use of Lake Eureka. However: (i) The cessation of the nonconforming use for a period of thirty (30) days shall terminate the right of the Licensee to the continuance of the nonconforming use; and (ii) No nonconforming structure used for dwelling purposes which has been damaged by fire, explosion, or act of God, to the extent of more than fifty percent (50%) of its fair market value shall be restored except in conformity with the provisions of this ordinance.

(Ord. 3986, Sec. 2; Code 2007)

 

12-309. MISCELLANEOUS PROVISIONS. (a) Lake Advisory Board. - The governing body of the city shall appoint an advisory board consisting of five members, four of whom shall be lot licensees under this article and one who may be a householder and a resident of the city. Each member shall be appointed for a term of three years and serve until his or her successor shall have been appointed. In the case of a vacancy on the advisory board, the governing body shall appoint a successor to fill the vacancy for the unexpired term. The members of the advisory board shall serve without compensation. The members of the board shall annually elect one member as chairperson to serve for the following year.

(b) Lake Advisory Board Duties. - It shall be the duty of the lake advisory board to make recommendations

pertaining to rule changes and improvements at Lake Eureka to the governing body of the city. The board shall also provide such advice and assistance as may be required by the Lake Eureka caretaker. The board shall meet at least two times a year after such notice to the members as die majority shall approve.

(c) Pets at Large - It shall be unlawful for any person to permit any pet to run at large at Lake Eureka.

 

(d) Speed Limit. - The speed limit for motor vehicles operated on the roads at Lake Eureka shall be 20 miles per hour.

(e) Off Road Vehicles. - It shall be illegal to operate powered off-road vehicles of any kind on city property at

Lake Eureka.

(f) Appeals to the City Governing Body. - Appeals to the city governing, body may be taken by any person

aggrieved by an officer, department, bureau, or board of the City of Eureka affected by any decision granting or refusing to grant any license, permit, or certification authorized hereunder in accordance with the provisions of this article. Such appeal shall be taken in writing and flied with the City Clerk within 30 days of the decision appealed. The governing body shall thereafter appoint an officer or a committee to hear the appeal and give reasonable written notice to the person appealing of any hearing. The decision of the officer or committee shall, upon ratification by die governing body, be final.

(Ord. 4072, Sec. 2; Ord. 3906; Code 2007)

 

12-310. LAKE EUREKA AREA SANITATION REGULATIONS; WATER POLLUTION. (a) No human excrement shall be deposited or discharged into Lake Eureka or into any lake tributary and no cesspool, privy, or other receptacle for the deposit of human excrement shall be located, constructed, or maintained within the lake drainage area, unless such cesspool, privy, or other receptacle be so constructed that no portion of its contents can escape or be washed into such watercourse.

(b) No human excrement or compost containing human excrement, or contents of any privy, cesspool, sewer,

or other receptacle for the reception of storage of human excrement shall be deposited or discharged within the lake drainage area or upon or into the ground at a place from which any such excrement, compost, or content

or particle thereof, may flow to be washed or carried into the lake or into any tributary of the lake.

(c) No house shops, sink water, wash water or cooking water, or any other polluted water shall be discharged

into the lake, or into any watercourse within the lake drainage area; and no house slops, sink waste, water which has been used for washing or cooking, or other polluted water shall be discharged into or upon the ground in the lake drainage area, except as recommended by the Kansas Sate Department of Health and approved by the city.

(d) No garbage, manure, or putrescible matter whatsoever shall be put into the lake, or into any tributary of the lake; and no garbage, manure, or putrescible matter whatsoever shall be put upon the ground in the lake drainage area.

(e) No stable, pigsty, henhouse, barnyard, hog yard, hitching or standing place for horses, cattle, or other

animals, or other place where animals manure is deposited or accumulated, shall be located, constructed, or maintained in the lake drainage area, or the high water line of the lake or of any tributary of the lake.

(f) No refuse, industrial wastes, salt water or other waste products or polluting liquids, or other substance of a nature poisonous or injurious, either to human beings or animals or of such nature as would impart an

objectionable taste or odor to any water into which it might be discharged, and no putrescible mater whatsoever shall be discharged directly into or at any place from which it may flow or be washed or carried into the lake or

into any tributary of the lake.

 

 

(g) No system of sewers or other works for the collection, conveyance, disposal or purification of domestic or manufacturing sewage, wastes, or drainage, or any other putrescible matters whatsoever shall be constructed or maintained within the Lake Eureka drainage area except in accordance with regulations as may be applied by the Kansas State Department of Health and approved by the city. All installations shall be made under the supervision of the City Administrator.

(Ord. 3873, Sec. 1; Code 2007)

 

12-311. LICENSE APPLICATIONS. Any person seeking to erect a cabin, house or other building upon the lake premises shall make a written application to the planning board therefor, stating the name and addresses of the applicant or applicants, the purpose for which to be used, together with a sketch or blueprint showing the construction plan and estimated costs thereof, and the planning board shall within 10 days after receipt of the application and report the same to the City Administrator who must approve or reject the application within 10 days. After approval by the City Administrator, the governing body must make formal approval.

(Ord. 3873, Sec. 2; Code 2007)

 

12-312. CABIN LICENSE FEES. After the application has been approved by the planning board, City Administrator and the governing body, the city clerk shall issue a license upon such form as may be adopted by the governing body therefor, to the applicant, granting unto the applicant the privilege and right to erect and maintain according to the rules and regulations, a cabin, house, or other building upon the payment of the annual license fees following:

The license fee for permission to erect and maintain a cabin, house or other approved building shall be a sum established from time to time by resolution of the governing body and shall be payable in advance and on the

1st day of July in each year. The governing body shall have the right to limit the number of nonresident licenses granted under this section.

(Ord. 3873, Sec. 3; Code 2007)

 

ARTICLE 4. LIBRARY AND LIBRARY BOARD

 

12-401. LIBRARY BOARD; MEMBERS. The library board shall consist of seven members appointed in the manner set out in the K.S.A. 12 1222. The mayor shall be ex officio member of the board in addition to the seven appointed members.

(Code 1965, 1-901)

 

12-402. LIBRARY BOARD; COMPENSATION. The members of the board shall serve without compensation. (Code 1965, 1-902)

 

12-403. LIBRARY BOARD; MEMBERS; ELIGIBILITY. No person holding any office with the city shall be a member of the board. All members of the board shall be residents of the city. (Code 1965, 1-903)

 

12-404. LIBRARY BOARD; ORGANIZATION; MEETINGS. The members of the library board shall, immediately after their appointment and annually thereafter, meet and organize by the election of a chairperson, a secretary and a treasurer and such other officers as they may deem necessary. The board shall fix the date and place of its regular meetings and special meetings may be called by the chairperson or upon written request of a majority of the members. Written notice, stating the time and place of any special meeting and the purposes for which called, shall, unless waived, be given each member of the board at least two days in advance of such meeting, and no business other than that stated in the notice shall be transacted at such meeting. (K.S.A. 12-1224; Code 1965, 1-904)

 

12-405. LIBRARY BOARD; DUTIES. The board shall make and adopt rules and regulations for the administration of the library. The board shall have the duties and powers set out in K.S.A. 12 1225. (Code

1965, 1 905)

 

12-406. LIBRARY BOARD; TREASURER; BOND; DUTIES. (a) The treasurer of the library board shall give bond, in an amount set by the board and approved by the governing body, for the safekeeping and due disbursement of funds that come into the hands of the treasurer. The bond shall be filed with the city clerk.

(b) The treasurer shall keep an accurate record of all moneys received and disbursed by the treasurer and shall

make a monthly report of such to the board. (K.S.A. 12 1226; Code 1965, 1-906)

 

12-407. LIBRARY BOARD; ANNUAL REPORT TO GOVERNING BODY. The board of directors shall, on or before the 15th day of January of each year, make an annual report to the governing body, stating the condition of their trust on the 31st day of December of the year next preceding, and the various sums of money received from the library fund, and from other sources, and how such moneys have been expended, and for what purposes; the number of books and periodicals on hand; the number added by purchase, gift or otherwise during the year; the number lost or missing; the number of visitors attending; the number of books loaned out, and the general character and kind of such books, with such other statistics, information and suggestions as they may deem of interest. Such report shall be verified by affidavit of the president and secretary of the board. (Code 1965, 1 907)

 

12-408. LIBRARY BOARD; ANNUAL REPORT TO KANSAS TRAVELING LIBRARY COMMISSION. The board shall make an annual report to the Kansas Traveling Library Commission on or before the 31st day of January of each year for the preceding calendar year, showing receipts and disbursements from all funds under its control and showing statistical information in the library materials acquired and on hand, number of library users and library services available.

(K.S.A. 12 1225(is); Code 1965, 1-908)

 

12-409. USE OF THE LIBRARY; REGULATIONS. The library shall be free to the use of the inhabitants of the city, subject to the rules and regulations adopted by the board. The board may exclude from the use of the library any and all persons who willfully violate the rules and regulations of the board. The board may extend the privileges and use of the library to persons residing outside of the city but within the State of Kansas upon the terms and conditions prescribed by the board.

(K.S.A. 12 1227; Code 1965, 1-909)

 

12-410. DONATIONS TO LIBRARY. Any person desiring to make donations of money, personal property or real estate for the benefit of such library, shall have the right to vest the title to the money or real estate donated in the board of directors, to be held and controlled by such board, according to the terms of the deed, gift, devise or bequest of such property; and as to such property, the board shall be held and considered to be the special trustee. (Code 1965, 1-910)

 

12-411. LIBRARY PROPERTY; DAMAGING. It shall be unlawful for any person to injure, damage or destroy any book, map, chart, magazine, or any other property belonging to the city library. Any person violating any provision of this section shall, upon conviction thereof, be fined in any amount not to exceed $100.00.

(Code 1965, 8-213)

 

12-412. LIBRARY PROPERTY; FAILURE TO RETURN PROPERTY; TAKING PROPERTY WITHOUT PERMISSION. It shall be unlawful for any person to take any book, magazine or any other property belonging to the city library from that library except in accordance with rules established by the library board, or to fail to return property when requested to do so by the librarian. Any person violating any provision of this section shall, upon conviction thereof, be fined in an amount not to exceed $100.00. (Code 1965, 8-214)

 

ARTICLE 5. JOINT RECREATION COMMISSION

 

12-501. JOINT RECREATION COMMISSION. There shall be a joint recreation commission of the city and school district which shall consist of five members. (K.S.A. 12 1925:1926; Code 1965, 1-1001)

 

12-502. COMMISSION; DUTIES; AUTHORITY. The commission may operate a system of playgrounds and public recreation facilities, and may purchase and own equipment and hire such personnel as they deem necessary and have provided for in their budget. (K.S.A. 12-1928; Code 1965, 1-1002)

 

12-503. COMMISSION MEMBERS; APPOINTMENT. The governing body shall appoint two members in the manner set out in the Kansas Statutes Annotated.

(Code 1965, 1-1003)

 

12-504. COMMISSION; ORGANIZATION. The commission shall organize by electing a chairperson and a secretary from among the members. The city treasurer or treasurer of the school district shall be ex officio treasurer of the commission.

(Code 1965, 1-1004)

 

12-505. DISBURSEMENTS; CLAIMS; FUNDS. All disbursements made by the recreation commission shall be paid by voucher. All claims paid by the commission shall be duly verified. Amounts received from taxes shall be set over to the commission and used for recreation purposes. (Code 1965, 1 1005)

 

ARTICLE 6. EUREKA MUNICIPAL AIRPORT

 

12-601. ESTABLISHED. There is hereby established the Eureka Municipal Airport on land acquired for the purpose of an airport and described as follows:

A tract of land located in the east half of Section 27, Township 25, Range 10, County of Greenwood, State of

Kansas, described as follows:

Beginning at the northeast corner of Section 27, then west along the north line of the section a distance of

2671.00 feet on a bearing of south 88 degrees 53 feet 00 inches west to the northwest corner of the half

section a distance of 664.00 feet on a bearing of south 0 degrees 120 feet 13 inches east, then east a distance

of 999.68 feet on a bearing of north 88 degrees 49 feet 30 inches east, thence south a distance of 2650.40 feet on a bearing of south 0 degrees 10 feet and 8 inches each, thence east a distance of 1659.754 feet on a bearing of north 88 degrees 39 feet 5 inches east to the east line of the half section, then due north along the east line of the half section a distance of 3306.87 feet to the point of beginning, containing 141.73 acres, including the right of way for the county road.

(Ord. 2395, Sec. 1)

 

12-602. POLICE POWERS EXTENDED TO AIRPORT. The city does hereby extend all its police powers and ordinances pertaining thereto and over the Eureka municipal airport property and grounds to the same degree and with the same force and effect as if the airport was situated within the corporate limits of the city.

(Ord. 2395, Sec. 2)

 

12-603. PERMIT REQUIRED. No person shall use the Eureka municipal airport as a base or terminal for the carrying on of commercial aviation, nor shall any person engage in the sale or delivery of oil, gasoline or any other commodity or service within the confines of the Eureka municipal airport without having previously secured a permit from the governing body of the city and paying such fees or charges as may be prescribed by the governing body. (Ord. 2395, Sec. 3)

 

12-604. RENTAL FEE. An annual rental of $250.00 shall be charged by the commission for the leasing of a tract of land 40 feet by 60 feet located at the municipal airport, and more specifically designated as lots as shown by the plat of the hangar area of the airport now on file in the office of the city clerk. The rental shall be for the purposes in accordance with the terms established by the city as stated in the lease agreement executed between the city and the renter.

(Ord. 2860, Sec. 1)

 

12-605. ADVISORY BOARD. There shall be and is hereby established an airport advisory board consisting of six members. The members shall be appointed by the mayor with the approval of the council. (Ord. 2395, Sec.

5)

 

12-606. SAME; QUALIFICATIONS. The members of the airport advisory board shall be qualified electors of the city and the council shall serve as a board of advisors for airport operations, maintenance and development. (Ord. 2395, Sec. 6)

 

ARTICLE 7. FIREARM REGULATIONS

 

12-701. DEFINITION. As used in this article, the term “firearm” shall mean any handgun, pistol, or revolver. (Code 2007)

 

12-702. CARRY RESTRICTIONS. Pursuant to the Personal and Family Protection Act, Chapter 32 of the 2006

Session Laws of Kansas, as amended by Chapter 210 of the 2006 Session Laws of Kansas, it shall be unlawful to carry a concealed firearm into:

(1) Any place where an activity declared a common nuisance by K.S.A. 22-3901, and amendments thereto, is maintained;

(2) any police, sheriff or highway patrol station; (3) any detention facility, prison or jail;

 

(4) any courthouse;

(5) any courtroom, except that nothing in this section would preclude a judge from carrying a concealed weapon or determining who will carry a concealed weapon in the judge’s courtroom;

(6) any polling place on the day an election is held;

(7) any meeting of the governing body of a county, city or other political or taxing subdivision of the state, or

any committee or subcommittee thereof; (8) on the state fairgrounds;

(9) any state office building;

(10) any athletic event not related to or involving firearms which is sponsored by a private or public elementary

or secondary school or any private or public institution of post-secondary education; (11) any professional athletic event not related to or involving firearms;

(12) any portion of a drinking establishment as defined by K.S.A. 41-2601, and amendments thereto, except that this provision shall not apply to a restaurant as defined by K.S.A. 41-2601, and amendments thereto;

(13) any elementary or secondary school building or structure used for student instruction or attendance, attendance center, administrative office, services center or other facility;

(14) any community college, college or university facility;

(15) any place where the carrying of firearms is prohibited by federal or state law;

(16) any child exchange and visitation center provided for in K.S.A. 75-720, and amendments thereto;

(17) any community mental health center organized pursuant to K.S.A. 19-4001 et seq., and amendments

thereto; mental health clinic organized pursuant to K.S.A. 65-211 et seq., and amendments thereto; psychiatric hospital licensed under K.S.A. 75-3307b, and amendments thereto; or state psychiatric hospital, as follows: Larned state hospital, Osawatomie state hospital or Rainbow mental health facility;

(18) any city hall;

(19) any public library operated by the state or by a political subdivision of the state;

(20) any day care home or group day care home, as defined in Kansas administrative regulation 28-4-113, or

any preschool or childcare center, as defined in Kansas administrative regulation 28-4-420; or

 

(21) any church or temple; or

(22) any place in violation of K.S.A. 21-4218, and amendments thereto.

(Code 2007)

 

12-703. PENALTY. Violation of Section 12-202 is a Class A violation. (Code 2007)

 

12-704. LOCATION; RESTRICTIONS. Pursuant to the authority granted to property owners and to the owners or operators of businesses under the Personal and Family Protection Act, Chapter 32 of the 2006 Session Laws of Kansas, as amended by Chapter 210 of the 2006 Session Laws of Kansas, the governing body of the City of Eureka, Kansas, hereby prohibits the carrying of any concealed firearm by any person other than those identified in Section 4 below while in or upon the premises of any of the following properties which are owned by the City of Eureka, Kansas, and/or on which the City is operating as a public employer:

(1) The                  Recreation Center;

(2) The                  Fire and EMS Stations;

(3) The                 Wastewater Treatment Plant;

(4) The                  Water Plant; (Code 2007)

 

12-705. SAME; PENALTY. Violation of section 12-204 is a Class B violation. (Code 2007)

 

12-706. EXCEPTIONS. (a) The prohibitions set for in Sections 12-202 and 12-204 above shall apply both to the interiors of the structures on all such properties and to the exterior areas; provided, however, that the prohibitions shall not apply to persons who are otherwise lawfully in possession of any such firearm while in a motor vehicle which is located in an area designated for public vehicular traffic or for public vehicular parking.

(b) The prohibitions set forth in Sections 12-202 and 12-204 above shall not apply to any person identified under the exclusions set forth in subsections (b) or (c) of K.S.A. 21-4201 regarding the criminal use of weapons, as said provisions now apply or may hereafter be amended.

(Code 2007)

 

 
 

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