All reservoirs belonging to the city located in Sections 32 and 33, Township 17, Range 22, shall be and hereby are named Osawatomie City Lakes.

(Ord. 3277, Sec. 1)

Osawatomie City Lakes are hereby declared to be dedicated to park and recreational purposes and purposes incidental thereto, as provided by K.S.A. 14-2001, insofar as the uses are not in conflict with the use by the city of the lakes as a municipal water supply system.

(Ord. 3277, Sec. 2)

This article shall be cumulative to and supplemental of and shall not modify or repeal any ordinance of the city. All ordinances of the city shall apply on all city property located in Sections 32 and 33, of Township 17, Range 22.

(Ord. 3277, Sec. 3)

Certain terms used in this article shall be defined as follows and when used therein shall have the following meanings:

(a)   Lake Premises shall include all land owned by the city used in connection with the city’s water impounding system;

(b)   Osawatomie City Lakes shall include the water area described in this article;

(c)   Caretaker shall mean any person in the employ of the city whose duty it is to patrol or care for the lake premises.

(Ord. 3277, Sec. 4)

No person, firm or corporation or their representatives shall engage in or solicit any business on the lake premises without permission in writing from the city manager or in accordance with lease, license or other agreement with the city council.

(Ord. 3277, Sec. 5)

All commercial activities or operations on or within the lake premises under the control of the city council shall be in accordance with lease, license, permit or other agreement with the council or the city manager.

(Ord. 3277, Sec. 6)

The destruction, injury, defacement or removal of property within the lake premises of any kind is unlawful. This includes, but is not restricted to, the peeling of bark, carving and chopping trees, shrubs and plants, picking wild flowers, and the unauthorized removal of dirt or rock.

(Ord. 3277, Sec. 7)

Refuse, garbage, rubbish or waste of any kind shall not be thrown on or along roads, picnicking or camping areas, in the lakes or on the lake premises, but shall be placed in depositories on the lake premises.

(Ord. 3277, Sec. 8)

The committing of any nuisance on the lake premises is prohibited.

(Ord. 3277, Sec. 9)

No refuse, waste or excrement of any kind or character shall be thrown or deposited upon the lake premises, and it is mandatory that toilets and depositories placed upon the premises be used for the disposal of all such refuse, waste and excrement.

(Ord. 3277, Sec. 10)

It shall be unlawful to commit any act or depredation of any kind which will pollute or tend to pollute the water in the lakes.

(Ord. 3277, Sec. 11)

Building or starting fires in the open or in any place, except where firepits, grills or other provisions have been made within the lake premises, is prohibited.

(Ord. 3277, Sec. 12)

Dogs must be tied with a chain, controlled by a leash or otherwise under control. It shall be unlawful for any person to permit a dog to run at large on the lake or golf course premises.

(Ord. 3277, Sec. 13)

The speed limit on lake roads for vehicles is 15 miles per hour, except where otherwise, posted.

(Ord. 3277, Sec. 14)

Persons under 12 years of age must be accompanied by an adult while on lake premises.

(Ord. 3277, Sec. 15)

No vehicle shall be parked or left unattended on any lake road in a manner which will block or impede traffic.

(Ord. 3277, Sec. 16)

Private notices and advertisements shall not be posted, distributed or displayed on the lake premises, except such as the city manager or his or her authorized representative may deem necessary for the convenience and guidance of the public.

(Ord. 3277, Sec. 17)

(a)   Wading, bathing and swimming are prohibited at Osawatomie City Lakes, except as provided in subsections (1) and (2) hereinafter.

(1)   Wading by Fishermen.  Wading with boots during open fishing season is permitted unless the area is posted by the City as a “No Fishing Permitted Area.”

(2)   Swimming is permitted in specific areas of Osawatomie City Lakes that are posted by the City as “Swimming Areas.”  Where a swimming area is posted pursuant to this section use of such area shall be subject to restrictions established by the City Manager or his or her designee and may include among other terms, specific times, locations and conditions for use of such posted area.

(Ord. 3277, Secs. 19:20; Ord. 3692; Code 2018)

Water skiing is not permitted on the lakes, without prior approval of the city council.

(Ord. 3277, Sec. 21)

No boat shall be operated on the Osawatomie City Lakes in such a manner or at a speed fast enough to create a wake of more than 5” in height, or in such a way as to disturb any other boaters or fishermen.

(Ord. 3277, Sec. 21-A)

It shall be unlawful to keep, maintain or operate any boat upon the lakes, unless duly licensed as hereinafter provided, and then only in accordance with the regulations duly established for the operation of boats and motors.

(Ord. 3277, Sec. 22)

Any boat on the lakes which is abandoned, or which become a menace to navigation, or is unseaworthy, or sinks, grounds or becomes disabled, or is in a state of disrepair such as to make the boat unusable, is hereby declared to be a nuisance and the person in charge of the boat, the owner, or the person in whose name the boat is licensed for operation on city lakes shall abate the nuisance within three days after notice in writing by the city manager. Notice provided for herein shall be by registered or certified mail and shall be sufficient, if addressed to the person holding the boat license. If the nuisance provided for herein shall not be abated within the time provided, the director of public safety or any person designated by him or her shall remove the boat causing such nuisance and shall have the right to hold such boat for the payment of the costs incurred in such removal and storage. After 30 days from the date of taking possession of the boat causing nuisance, the boat shall be sold at public auction; provided that prior to sale by public auction, notice by publication once in the official city newspaper, at least 15 days prior to the date of the auction sale, shall be given to the holder of the city boat license on the boat causing nuisance, and the proceeds of the sale shall be applied to the costs of removal and storage with the remainder to be held for the boat license holder for a period of 60 days and, if unclaimed by the boat license holder during the period, the excess receipts from the sale shall be paid into the general fund of the city.

(Ord. 3277, Sec. 23)

All persons keeping, maintaining, operating or riding in boats on the lakes do so entirely at their own risk.

(Ord. 3277, Sec. 24)

Persons desiring to operate any boat upon the lakes shall make application for that privilege to the caretaker or city clerk stating the name of the boat owner the make, size, capacity, condition and general description of the boat and furnish proof that the craft is in a safe condition. The owner or operator of any motor powered boat desiring to obtain a boat license shall provide proof of insurance coverage as required by section 12-225, and this insurance shall be in full force and effect. No boat license for a motor powered boat shall be issued, until such documents are provided. Providing false or misleading documentation shall result in automatic revocation of the boat license.

(Ord. 3277, Sec. 25; Code 2008)

Owners of all motor powered boats shall take out and keep in force at all times during the effective term of their boat license a public liability and property damage insurance policy covering the operation of such boat by such owner or any operator thereof, with amounts of at least $5,000 for injury or death inflicted on any one person; $10,000 for injury or death inflicted on more than one person; and at least $5,000 for damage done to the property of others.

(Ord. 3277, Sec. 26)

No person under 16 years of age shall be allowed to operate a boat, unless accompanied by an adult or until given a certificate of his or her proficiency by the caretaker or the law enforcing officer at the lakes.

(Ord. 3277, Sec. 27)

License fees shall be established annually by the city council.

(Code 2008)

Any person violating the provisions of this article shall, upon conviction thereof, be fined in any sum not exceeding $100.00, or be imprisoned not to exceed 30 days, or be both so fined and imprisoned.

(Code 2008)

Boat licenses shall not be transferable to any other boat than the boat for which issued.

(Ord. 3277, Sec. 31)

The annual licenses provided for herein shall be for a calendar year and shall expire on December 31st of each year.

(Ord. 3277, Sec. 32)

The chief of police or his or her designee shall have the power to immediately revoke any license of any boat operated on the lakes in a hazardous, negligent, careless or unlawful manner. Revocation of such boat license shall be effective for the balance of the year for which such boat license was granted; provided, that the licensee may apply for reinstatement of the boat license to the city manager.

(Ord. 3277, Sec. 33; Code 2008)

It is unlawful to use a boat propelled in whole or in part by an internal combustion engine, unless the same is provided with a stock factory muffler, underwater exhaust or other modern devices capable of adequately muffling the sound of the exhaust of the engine. The phrase adequately muffling shall mean the motor’s exhaust at all times 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 is prohibited, except as provided in K.S.A. 82a-809.

(K.S.A. 82a-809; Ord. 3277, Sec. 34)

Each boat shall carry one life preserver, ring buoy or buoyant cushion for each person on board, and each metal boat shall be equipped with sealed air chambers or other buoyant substance capable of keeping the boat and occupants afloat.

(Ord. 3277, Sec. 35)

Rules and regulations pertaining to safety equipment for motorboats and rules for piloting boats shall be as follows:

(a)   Every motorboat shall have aboard:

(1)   One life preserver, buoyant vest, ring buoy or buoyant cushion of the type approved by the United States Coast Guard in good and serviceable condition for each person on board;

(2)   When in operation during hours of darkness, a light sufficient to make the motorboat’s presence and location known to any and all other vessels within a reasonable distance;

(3)   If carrying or using any flammable or toxic fluid in any enclosure for any purpose, and if not an entirely open motorboat, an efficient natural or mechanical ventilation system which shall be capable of removing resulting gases prior to and during the time such motorboat is occupied by any person;

(4)   Such additional equipment designed to promote the safety of navigation and of persons as the State Forestry, Fish and Game Commission may find to be appropriate and for which it has provided in its rules and regulations, which rules and regulations shall conform insofar as practicable with the provisions of the federal navigation laws of the navigation rules promulgated by the United States Coast Guard;

(5)   No person shall operate or give permission for the operation of a vessel which is not equipped as required by this section.

(b)   State Forestry, Fish and Game Commission may, by its rules and regulations, establish and maintain the operation of vessels as follows:

(1)   The State Forestry, Fish and Game Commission may by rules and regulations establish and maintain for the operation of vessels on the waters of this state pilot rules which shall conform as nearly as practicable with the pilot rules contained in the federal navigation laws or the navigation rules promulgated by the United States Coast Guard.

(2)   No person shall operate a vessel contrary to the pilot rules established by the State Forestry, Fish and Game Commission.

(K.S.A. 82a-805; Ord. 3277, Sec. 36)

Rules and regulations pertaining to the operation of any motorboat or vessel shall be as follows:

(a)   No person shall operate any motorboat or similar device in any area designated as a non-boating area by the city.

(b)   No person shall operate any boat loaded with passengers or cargo beyond its safe-carrying capacity taking into consideration weather and other operating conditions.

(Ord. 3277, Sec. 37)

No person shall operate a boat under the influence of intoxicating liquor, narcotic drugs or opiates.

(K.S.A. 82a-810a; Ord. 3277, Sec. 38)

No person shall operate any motorboat at a rate of speed greater than will permit him or her in the exercise of reasonable care to bring the motorboat to a stop within the assured clear distance ahead.

(Ord. 3277, Sec. 39)

Boats when meeting shall turn to the right, and when overtaking another boat shall turn to the left Boats when approaching each other obliquely or at right angles, will yield the right-of-way to the boat on the right. Sailboats or rowboats shall have the right-of-way at all times. One boat may overtake another on either side, but must grant right-of-way to the over-taken vessel.

(Ord. 3277, Sec. 40)

No persons 12 years of age or less shall be permitted in any boat, unless they are wearing life jackets.

(Ord. 3277, Sec. 41)

Duties of the operator, in the event of a collision or accident, shall be as follows:

(a)   It shall be the duty of the operator of a vessel 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 (if any) 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 danger caused by the collision, accident or other casualty, and also to give his or her name, address and identification of his or her vessel in writing to any person injured and to the owner of any property damaged in the collision, accident or other casualty;

(b)   In the case of collision, accident or other casualty involving a vessel, the operator thereof, if the collision, accident or other casualty results in death or injury to a person or damage to property in excess of $100.00 shall file with the State Forestry, Fish and Game Commission a full description of the collision, accident or other casualty, including such information as the commission may, by regulation, require and a copy of such report shall be filed with the police department within 24 hours of such collision, accident or other casualty.

(K.S.A. 82a-811; Ord. 3277, Sec. 42)

No boat with toilet facilities will be permitted upon the lake unless it has been first inspected and approved by the caretaker or lake enforcement officer, and no boat shall be issued a permit until such inspection has been made. The caretaker or lake enforcement officer shall periodically inspect all boats with toilet facilities, and any boat which has toilet facilities not meeting approval shall be removed from the lake until the toilet facilities are approved by the caretaker or lake enforcement officer.

(Ord. 3277, Sec. 43)

The city manager may prohibit boating any time for safety reasons.

(Ord. 3277, Sec. 44)

Houseboats on the Osawatomie City Lakes are expressly prohibited.

(Ord. 3277, Sec. 45)

Boats shall only be launched from docks or from areas designated for launching by the city manager. Boat trailers shall not be parked in the launching area.

(Ord. 3277, Sec. 46)

No private docks may be installed or maintained on the lake.

(Ord. 3277, Sec. 47)

Camping at the Osawatomie City Lake is permitted on payment of permit fees as established by the annual fee schedule. Residents must obtain a permit prior to camping at City Hall or the Osawatomie Police Department. All campers and camping units shall be subject to the following rules and regulations:

(a)   All campers shall be limited to a stay of not more than seven consecutive days in any city campground unless otherwise established by posted notice or as otherwise authorized by the city.

(b)   Upon completing seven consecutive days in a campground, each person and all property of each person shall be absent from all city campgrounds for at least seven days.

(c)   All campers must camp within only the designated camping areas of the city lake, if available.

(d)   Each overnight camping permit shall be valid only for the city park for which the permit is purchased and shall expire at 12:00 p.m. on the day following its effective date.

(e)   Unless authorized by the city, camping units or personal property shall not be left unoccupied in a campground for more than 24 hours.

(f)   Except as authorized by the city, any property unoccupied or unattended for more than 48 hours, shall be subject to removal by the city and may be reclaimed by the owner upon contacting the city hall.

(Code 2008; Code 2018)

Hunting is prohibited on the premises of the Osawatomie City Lakes.

(Ord. 3277, Sec. 49)

It shall be unlawful for any person to shoot or discharge any firearm or dangerous weapon on the lake premises, except for duly authorized law enforcement officials in the performance of official duty or (b) any discharge that is part of a ceremony, display or demonstration at a community event that is specifically authorized by the city manager or the governing body.

(Code 2008; Code 2018)

It shall be unlawful for any person to fish in the Osawatomie City Lakes without a valid state of Kansas fishing license, except for persons not required to have such under the regulations of the Kansas Department of Wildlife, Parks and Tourism.

(Ord. 3277; Code 2018)

State limits shall apply to all species of fish.

(Ord. 3277, Sec. 53)

It is hereby declared to be unlawful for any person to remove from the Osawatomie City Lakes black bass less than 15 inches in length.

(Ord. 3286, Sec. 1)

It shall be unlawful for the holder of any fishing license to alter, lend or transfer the same.

(Ord. 3277, Sec. 54)

Fishing with a seine, throwline, troutline, bankline, spear, hand fishing or any other method than with a pole and line is prohibited.

(Ord. 3277, Sec. 56)

It shall be unlawful for any person to throw any surplus minnows or bait, trash, dead fish or any garbage in the lakes or upon any of the lake property.

(Ord. 3277, Sec. 57)

All boats shall be operated in accordance with the laws of the State of Kansas and the rules and regulations of the State Department of Wildlife, Parks and Tourism having the effect of law.

(Ord. 3277, Sec. 58)

It shall be unlawful for any person to be upon the lake property between the hours of 12:00 midnight and 6:00 a.m. This provision shall not apply to persons genuinely engaged in fishing or camping.

(Ord. 3277, Sec. 59)

Any person violating any of the provisions of this article shall, upon conviction thereof, be fined in any sum not exceeding $100.00, or be imprisoned not to exceed 30 days, or be both so fined and imprisoned.

(Ord. 3277, Sec. 60)