Chapter XII – Public Property

CHAPTER XII.  PUBLIC PROPERTY

Article 1.   City Parks

Article 2.   Management of Public Rights of Way

Article 3.   Jetmore City Lake

Article 4.   Jetmore Municipal Airport

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ARTICLE 1.  CITY PARKS

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

(a)     For purposes of this article, City Parks are listed as the Jetmore City Park, Kenyon Nature Park, and Sunshine Park. (Code 2015)

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 2015)

12-103.                DAMAGING PARK PROPERTY.  It shall be unlawful for any person, except duly authorized city employees or their contracted agents, 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 2015)

12-104.                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, or their contracted agents, 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 2015)

12-105.                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 2015)

12-106.                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 2015)

12-107.                CAMPING PROHIBITED.  Overnight camping is hereby prohibited in city parks except where posted. (Code 2015)

12-108.                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 2015)

12-109.                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 within the city any alcoholic liquor or cereal malt beverage.  If an individual or entity is planning for a special event, they may request a waiver by the City Council for that particular event. (Code 2015)

12-110.                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 2015)

12-111.                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 2015)

ARTICLE 2. MANAGEMENT OF PUBLIC RIGHTS-OF-WAY

12-201.                DEFINITIONS.  Unless the context clearly indicates otherwise, the meanings of words and terms used in this article shall be as follows:

(a)     Public right-of way means only the area of real property in which the city has a dedicated or acquired right-of-way interest in the real property. It shall include the area on, below or above the present and future streets, alleys, avenues, roads, highways, parkways or boulevards dedicated or acquire as right-of-way. The term does not include the airwaves above a right-of-way with regard to wireless telecommunications or other non-wire telecommunications or broadcast service, easements obtained by utilities or private easements in platted subdivisions or tracts.

(b)     Occupant means any person, firm, corporation, association, utility, or entity, which enters upon the right-of-way of the city, or in any manner establishes a physical presence on, upon, in or over the right-of-way of the City, for the purpose of installing, construction, maintaining or operating lines, conduits, wires, fiber optic wires, cables, pipes, pipelines, poles, towers, vaults or appliances, or related facilities or appurtenances thereto.

(c)     Facility and facilities mean lines, conduits, wires, fiber optic wires, cables, pipes, pipelines, poles, towers, vaults or appliances, or related items or appurtenances. (Code 2015)

12-202.                AUTHORIZATION FROM CITY REQUIRED.  (a)  No person, firm, corporation, association, utility, or entity, shall enter upon the right-of-way of the city, or in any manner establish a physical presence on, upon, in or over the right-of-way of the City, for the purpose of installing, construction, maintaining or operating lines, conduits, wires, fiber optic wires, cables, pipes, pipelines, poles, towers, vaults or appliances, or related facilities or appurtenances thereto, without the express written permission of the City. The permission of the City may be granted by a franchise agreement pursuant to the provisions of K.S.A. 12-2001 et seq. or by such other agreement as the governing body determines best protects the public interest in the right-of-way.

(b)     Nothing in this article shall be interpreted as granting any occupant the authority to construct, maintain or operate any facility or related appurtenance on property owned by a city outside of the public right-of-way.

(c)     The city shall process each valid and administratively complete application for use of the right-of-way within 30 days. (Code 2015)

12-203.                HEALTH, SAFETY, AND WELFARE REGULATIONS.  The authority of a provider to use and occupy the public right-of-way shall always be subject and subordinate to the reasonable public health, safety and welfare requirements and regulations of the city. (Code 2015)

12-204.                SPECIFIC PORTIONS OF RIGHT-OF-WAY RESTRICTED.  (a)  The city hereby prohibits the use or occupation of the following specific portions of public right-of-way: (RESERVED)

(b)     If the city denies a request to use or occupy a specific portion of the public right-of-way, the requester shall be served a notice of such denial by first class mail. The notice shall indicate that the requester shall have 10 days from the date of receipt of the notice to request a public hearing by the city governing body concerning the denial. Failure to make a timely request for a hearing shall constitute a waiver of the person’s right to contest the denial before the governing body. The hearing shall be held by the governing body within 30 days after the filing of the request therefore, and the potential occupant shall be advised by the city of the time and place of the hearing. Following the public hearing, if the city governing body denies a potential occupant’s request to use or occupy a specific portion of the public right-of-way, such determination may be appealed to district court. (K.S.A. 17-1902(e); Code 2015)

12-205.                COMPLIANCE WITH MANUAL OF UNIFORM TRAFFIC CONTROL DEVICES.  Any occupant of the public right-of-way shall comply with the provisions of Standards and Guides for Traffic Controls for Street and Highway Construction, Maintenance, Utility, and Incident Management Operations Part VI of the Manual of Uniform Traffic Control Devices (MUTCD), PUBLISHED BY THE U.S. Department of Transportation, Federal Highway Administration, 1988 Edition, Revision 3, dated September 3, 1993, which is incorporated herein by reference as if fully set forth herein. (Code 2015)

12-206.                ADDITIONAL REQUIREMENTS. (RESERVED) (K.S.A. 2003 supp. 17-1902(h); Code 2015)

12-207.                EMERGENCIES.  If there is an emergency necessitating response work or repair, any person, firm, corporation, association, utility, or entity which has been granted permission to occupy the public right-of-way may begin that repair or emergency response work or take any action required under the circumstances, provided that the person, firm, corporation, association, utility, or entity notifies the city promptly after beginning the work and timely thereafter meets any permit or other requirement had there not been such an emergency. (Code 2015)

12-208.                REPAIR.  Any occupant of the public right-of-way is hereby required to repair all damage to a public right-of-way caused by the activities of that occupant, or of any agent affiliate, employee, or subcontractor of that occupant, while occupying, installing, repairing or maintaining facilities in a public right-of-way and to return the right-of-way, to its function equivalence before the damage pursuant to the reasonable requirements and specification of the city. If the occupant fails to make the repairs required by the city, the city may affect those repairs and charge the occupant the cost of those repairs. (Code 2015)

12-209.                RELOCATION.  Whenever requested by the city, in order to accomplish construction and maintenance activities directly related to improvements for the health, safety and welfare of the public, an occupant promptly shall remove its facilities from the public right-of-way or shall relocate or adjust its facilities within the public right-of-way at no cost to the political subdivision. Such relocation or adjustment shall be completed as soon as reasonably possible within the time set forth in any request by the city for such relocation or adjustment. Any damages suffered by the city or its contractors as a result of such occupant’s failure to timely relocate or adjust its facilities shall be borne by such occupant.  (Code 2015)

12-210.                FEES.  The following fees shall be assessed against occupants of the public right-of-way:

(a)     A permit fee of $25.00;

(b)     An excavation fee of $25.00 for each street or pavement cut;

(c)     An inspection fee of $10.00;

(d)     Repair and restoration costs associated with repairing and restoring the public right-of-way because of damage caused by the provider, its assigns, contractors, and/or subcontractors in the right-of-way; and

(e)     A performance bond, in a form acceptable to the city, from a surety licensed to conduct surety business in the state of Kansas, insuring appropriate and timely performance in the construction and maintenance of facilities located in the public right-of-way.  (KSA 17-1902(n); Code 2015)

12-211.                INDEMNITY.  (a)  Occupants shall indemnify and hold the city and its officers and employees harmless against any and all claims, lawsuits, judgments, costs, liens, losses, expenses, fees (including reasonable attorney fees and costs of defense), proceedings, actions, demands, causes of action, liability and suits of any kind and nature, including personal or bodily injury (including death), property damage or other harm for which recovery of damages is sought, to the extent that it is found by a court of competent jurisdiction to be caused by the negligence of the occupant, any agent, officer, director, representative, employee, affiliate or subcontractor of the provider, or their respective officers, agents, employees, directors or representatives, while installing, repairing or maintaining facilities in a public right-of-way.

(b)     The indemnity provided by this subsection does not apply to any liability resulting from the negligence of the city, its officers, employees, contractors or subcontractors. If an occupant and the city are found jointly liable by a court of competent jurisdiction, liability shall be apportioned comparatively in accordance with the laws of this state without, however, waiving any governmental immunity available to the city under state law and without waiving any defenses of the parties under state or federal law.

(c)     This section is solely for the benefit of the city and occupant and does not create or grant any rights, contractual or otherwise, to any other person or entity. (Code 2015)

12-212.                CLAIM NOTIFICATION.  An occupant shall promptly advise the other in writing of any known claim or demand against the provider or the city related to arising out of the occupant’s activities in a public right-of-way.  (Code 2015)

12-213.                PENALTY PROVISION.  Any person, firm, corporation, association, utility, or entity, or agent, contractor or subcontractor thereof, violating any provision of this article, shall be guilty of a municipal offense, and shall upon conviction be subject to a maximum fine of $500.00. Each day of violation shall constitute a separate and distinct offense.  (Code 2015)

ARTICLE 3.  JETMORE CITY LAKE

12-301.                DEFINITIONS. The following terms have the meanings indicated:

(a)     Jetmore City Lake area means that real estate described as follows:

(1)      All of section sixteen (16) and the west half of the west half (W½W½) of section fifteen (15), township twenty-three (23) south, range twenty-four (24) west of the 6th p.m., in Hodgeman County, Kansas.

(b)     Jetmore City Lake means the permanent impoundment of surface water on the Jetmore City Lake area. (Ord. 611, Sec. 1; Code 2015)

12-302.                PROHIBITED ACTIVITES. It shall be unlawful to:

(a)     To remove, destroy, mutilate, modify or deface any structure, water control device, poster, sign, notice or marker, fence, gate, electrical or water connection, traffic barrier, tree, shrub or other plant vegetation;

(b)     To operate any motorized vehicle on any part of the Jetmore City Lake area except upon posted or otherwise authorized roads, trails and parking areas;

(c)     To operate any motor vehicle on any part of the Jetmore City Lake area unless the driver and the vehicle is licensed by state in which the owner of the vehicle resides;

(d)     To camp or park any vehicle, trailer, motor home or camper on Jetmore City Lake area locations or times other than at locations and times designated by the governing body of the City of Jetmore;

(e)     To litter, or to leave on the Jetmore City Lake area any household or commercial garbage or trash, or to use, possess or discard glass bottles or beverage containers, regardless of size or color;

(f)      To empty portable toilets or holding tanks in trash receptacles other than designated sanitation holding devices;

(g)     To operate a boat with unsealed toilet tanks or to discharge any human excrement, garbage, debris, bottles, cans or pollutants in the Jetmore City Lake or in the stream of the Jetmore City Lake area above the lake or below the spillway;

(h)     To build a fire within the Jetmore City Lake area

(1)      Without provision to prevent spreading, or

(2)      In other than fireplaces, fire rings or grills where provided, or

(3)      As an open campfire in other than designated areas; or

(4)      When fire building is prohibited temporarily by a notice posted at the entrance of the Lake. The City’s Mayor, President of the Council, City Administrator or Fire Chief is authorized and empowered to order a temporary posting prohibiting any open fires when, in his or her opinion, high winds, low humidity and/or other conditions warrant such action;

(i)       To leave a fire without extinguishing the same;

(j)       To discharge or to use fireworks of any kind or nature within the Jetmore City Lake area except with specific permission of the governing body of the City of Jetmore;

(k)     To use the Jetmore City Lake area for a commercial purpose without first obtaining written permission from the governing body of the City of Jetmore;

(l)       To advertise by the use of billboard, sign, marker, audio device or by any other means whatsoever unless written permission for the same is granted by the governing body of the City of Jetmore;

(m)    To bring horses, mules, donkeys or burros into or allow the same to be on the Jetmore City Lake area except on roads, trails or other areas designated for such use;

(n)     To allow any dog or other pet on Jetmore City Lake area unless the same shall be under control and on a leash, not to exceed six (6) feet in length;

(o)     To allow any dog or other pet in any portion of the Jetmore City Lake area used as a bathing beach, except for training dogs in the water, when they are under control;

(p)     To display or discharge explosives, firearms, BB guns, pellet guns, bows and slingshots on the Jetmore City Lake area, excepting bow fishing for carp as per state regulations concerning bow fishing, or in areas designated for such activity, or unless otherwise posted;

(1)      This shall exclude proper walk-in hunting as defined by the Kansas Department of Wildlife, Parks and Tourism.  Hunting seasons are from September 1st until March 31st.

(2)      This shall exclude the City Gun Range. The Jetmore City Lake Shooting Range rules and regulations document is hereby adopted.

(q)     To operate any vehicle on the dam or emergency spillway of the Jetmore City Lake area;

(r)      To operate any vessel on the Jetmore City Lake in any area marked by signs or buoys prohibiting such use;

(s)      To use any inflated floating device on the Jetmore City Lake or in the stilling basin except as follows: inner tubes, air mattresses and similar devices may be used in designated swimming areas only. All other air-inflated devices capable of being used as a means of transportation on the water shall be of a separate multi-construction as to prohibit air escaping from one compartment to another.

(t)      To operate any motor boat at speed that may be considered a nuisance or hazard to other boaters.

(u)     To park, moor, anchor, stop or operate any vessel so as to be considered a hazard to other boaters.

(v)     To construct any building, dock, ramp, ditch, canal, shelter or fence without first obtaining written permission from the governing body of the City of Jetmore.

(w)     To use or construct any vehicle entrance or exit from privately-owned property into the Jetmore City Lake area.

(x)     To engage in disorderly conduct by intentionally, knowingly or recklessly:

(1)      Engaging in obscene, defamatory or riotous communication, or

(2)      Being intoxicated, or

(3)      Indecently exposing oneself, or

(4)      Abusing or threatening a person, or

(5)      Making an unreasonable noise, or

(6)      Fighting with another, or

(7)      Operating, between the hours of 10:00 p.m. and 6:00 a.m. a generator, radio, television or other sound producing device at a noise level which may disturb the peace of others;

(y)     To permit any child less than twelve (12) years of age to operate or be a passenger in any vessel unless said child is wearing a Coast Guard approved floatation device in the proper size;

(z)      To hunt or trap for any animal or bird, or seine for any fish, within the Jetmore City Lake area, unless otherwise posted;

(aa)   To interfere with any elected official or employee of the City of Jetmore or any law enforcement officer in the conduct of his or her official business or duties pertaining to the administration of this ordinance;

(bb)   To fail to pay any use fee as established by section 12-303. (Ord. 611, Sec. 2; Code 2015)

12-303.                FEES ESTABLISHED.  The use fees hereinafter set out are hereby established by the governing body of the City of Jetmore for the use of facilities at the Jetmore City Lake area:

(a)     As used in this section, the following terms have the definitions indicated:

(1)      Day means a 24-hour period beginning at 2:00 p.m.

(2)      Camper means any accommodation for sleeping, including but not limited to camping trailers, pick-up campers, self-contained sleeping facilities such as recreational vehicles and motor homes, tents and sleeping bags.

(b)     For driving in the Jetmore City Lake area and sightseeing or for fishing, no charge.

(c)     For picnicking, swimming, and use of non-powered boats: $4.00 per vehicle per day, or $25.00 per vehicle per calendar year.

(d)     For motor-powered boats, additional: $6.00 per boat per day, or $30.00 per boat per calendar year.

(e)     For campers, additional: $7.00 per camper day.

(f)      For water and electrical hook-ups, additional: $8.00 per hook-up per day.

(g)     Long term recreational vehicle/camper parking at the Jetmore city Lake area is permitted on a first come/first serve basis for first register at the Jetmore City Office. Campers must sign a Camper Lease Agreement, place a deposit, and hook up to available utilities on site. Campers are required to abide by all lake rules and regulations, and will be monitored by City and Law Enforcement Authorities.

(h)     Short term campers are not allowed to remain at the Jetmore City Lake area camper lease sites for more than fourteen (14) consecutive days. After said fourteen (14) days, they must remove their recreational vehicle/camper from the site for at least twenty-four (24) hours, and then check to see if the City has a camp site vacancy available. (Ord. 611; Code 2015)

12-304.                PENALTIES.  Any person or persons violating the provisions of section 12-302 or 12-303(g) of this article shall be subject to a fine of not more than $100.00 or imprisonment of not more than thirty (30) days, or by both fine and imprisonment. (Ord. 611; Code 2015)

ARTICLE 4.  JETMORE MUNICIPAL AIRPORT

12-401.                JETMORE MUNICIPAL AIRPORT. (RESERVED) (Code 2015)

12-402.                PROHIBITED STORAGE.  (a) It shall be unlawful to store commercial materials at the Jetmore Municipal Airport. This prohibition shall not apply to persons holding a lease or rental agreement in writing for use of the airport or any part thereof.

(b)  The penalty for a violation of section (a) shall be a misdemeanor, punishable by a fine not to exceed $100.00. Each day the violation occurs shall constitute a separate violation.(Ord. 538, Sec. 1:2; Code 2015)