All the land heretofore acquired by and belonging to the city and located in Sections Six, Seven, Eight and 18 in Township 16, Range 16, Range Eight, East of the 6 P.M. in Morris County, Kansas, be in the same is hereby named Council Grove Lake Park, and hereinafter referred to as the park. The city is the owner of the real estate known and designated as the Council Grove Lake Park. The primary purpose for the Council Grove Lake Park is to provide water for the city.

(Ord. 1629, Sec. 2; Ord. 1777, Secs. 1:2)

Any person may use the ground so designated as picnic grounds at any and all reasonable times, subject to all ordinances, rules and regulations of the city and the supervision of the city’s caretaker, or person in charge of the park. Multiple table picnic shelters may be used by any one person or group for a period not to exceed four hours in any one day.

(Ord. 1629, Sec. 3)

The city codes hereby authorize the leasing of a portion of the Council Grove Lake Park for the purpose of providing residences or cabin locations upon the Council Grove Lake Park property and providing for payment of lease rentals. Any person or group of persons may obtain from the city a lease to build and maintain cabins or residences upon the tracts designated as cabin sites upon paying a lease fee, in compliance with the terms and conditions of the written lease which the person or persons enter into or are transferred, assigned or inherited.

(Ord. 1629, Sec. 4; Ord. G-86, Sec. 2; Code 1990; Ord. 1777, Sec. 3; Ord. G-90, Sec. 2; Code 2019)

(a)   No lessee of the Council Grove Lake Park is authorized or permitted to use any property to conduct any type of retail sales.

(b)   Retail Sales Defined. The definition of retail sales as used for this section means all sales at retail. Any person who offers merchandise for sale to the general public, either directly or indirectly invited the general public to visit the premises for the purpose of purchasing merchandise is a retail sale. The term retail sales does not include telephone calls received by persons living and residing at the Council Grove Lake Park requesting services to be performed other than at the Council Grove Lake Park. The term retail sales does not include incidental sales on the Council Grove Lake Park property.

(c)   Any person who violates the terms and conditions of this section shall be subject to having his or her lease at the Council Grove Lake Park canceled. In the event of a cancellation of a lease then notice of the cancellation of the lease and the rights of the lessor and lessee will be as provided by the city ordinance of the city.

(d)   Penalties. In addition to the cancellation of the lease at the Council Grove City Lake park any person who violates the terms and conditions of this section shall be subject to prosecution in the municipal court of the city and for each day of which there is a violation the same shall constitute a separate offense for each and every day the violation occurs. Any person found guilty of the violation of this section shall be fined not less than $50 nor more than $500, or imprisonment in the county jail for not more than 10 days or by both fine and imprisonment.

(Ord. 1777, Secs. 1:7)

After a site is acquired the owner shall have one year to begin construction and shall have the building completed within two years. If this requirement has not been met, the licensee is deemed to have forfeited his or her cabin site license and the city may cancel the license and release the site to any other person or the property located thereon shall revert to the city.

(Ord. 1629, Sec. 5)

(a)   The governing body is hereby authorized to require the cabin sites as the governing body deems advisable to have a sealed septic tank. The governing body has a right to require a septic tank on any and all cabin sites and also have the right to determine the size, location and material to be used in the construction of the septic tank. Any septic tank must meet the requirements of any federal or state laws, rules or regulations, as well as any city regulations.

(b)   Prior to the city approving a transfer of a cabin site at the Council Grove City Lake, the city council does require all waste disposal systems be inspected by the city building inspector. The inspection will require the pumping out the existing tank and a visual inspection of the disposal system by the city building inspector.

(c)   Pumping costs and inspection; fee.

(1)   When the city building inspector inspects the waste disposal system, the system is to be pumped empty and the owner will be responsible for payment of the costs and expenses of the pumping of the waste disposal system. No fee is to be paid when payment is made for a transfer fee.

(2)   When the city building inspector inspects the waste disposal system, when no transfer fee has been paid, the system is to be pumped empty and the owner will be responsible for payment of the cost of pumping the waste disposal system and will pay the city an inspection fee of $25.

(d)   The purpose of the inspection is to determine the condition of the holding tank or disposal system. The inspection by the city building inspector is done for the benefit and assistance for the city and does not and cannot be constituted as any warranty or guarantee to any person that the waste disposal system is operating properly and is not to be relied upon by anyone other than for the city.

(e)   Any waste disposal system that is not working satisfactorily as determined by the city building inspector, then the owner or owners of the waste disposal system will be required to make the necessary improvements, prior to the transfer of the site, or within 90 days form the time the city building inspector sets out in writing the requirements and modifications to be made to the waste disposal system.

(f)   Any person violating any of the terms and provisions of this section may be punished by a fine of not less than $50 nor more than $200 for each offense. Each and every day there is noncompliance of this section shall constitute a separate offense.

(Ord. 1629, Ord. 1776; Code 2019)

(a)   All cabins located on the Council Grove Lake Park must have the cabin site section and lot number on the cabin on both the front and back of the cabin placed in a manner visible to the public. The letters and numbers must be at least three inches high.

(b)   Any house, cabin and other residential facility that is blocked from view from the road by reason of topography, shall post the cabin site section and lot number on their leasehold property in such a fashion that it is visible from the road. If this is not possible, then the site holder may apply for exemption from this article with the governing body of the City of Council Grove, Kansas.

(c)   Any person failing to comply with the terms of this article shall be fined not less than $100.00 nor more than $500.00. Additionally, the City of Council Grove may post such section and lot number in compliance with this article and the cost thereof shall be assessed to the leaseholder as part of the Lake Lot Renewal Fee for any succeeding year.

(Ord. 1629, Sec. 7; Ord. 1988; Code 2019)

(a)   CHEMICALS IN OR UPON WATER. No chemicals are permitted or authorized to be placed in or upon the water at the Council Grove Lake Park, except chemicals placed by the city and its authorized employees.

(b)   NON-RESTRICTED CHEMICALS. Only non-restricted chemicals may be used at the Council Grove Lake Park. All chemicals must be used in accordance with State and Federal regulations and the instructions on the packaging.

(c)   PERMIT REQUIRED. Before any person is authorized or permitted to apply any non-restricted chemicals upon lawns, shrubs or gardens at the Council Grove Lake Park, the person applying is required to have a permit issued by the City of Council Grove.

(d)   REQUIRED COURSE. Prior to the issuance of a pem1it, the individual applying shall be required to attend and pass a 2 hour applicator course offered by a person approved by the governing body of the City of Council Grove.

(e)   TERM OF CHEMICAL USE PERMIT. Any chemical use permit issued by the City of Council Grove shall be good for a period of two years from the date of completion of the required applicator course.

(f)   COST OF PERMIT. The cost of obtaining a permit for applying chemicals, shall be in the amount of $10.00. On-half of each permit fee shall go to the instructor of the city permit chemical course.

(g)   COMMERCIAL APPLICATORS; STATE PERMIT REQUIRED. Any person who applies non-restricted chemicals for someone else, must have a commercial applicators permit issued by the State of Kansas. This permit must include a general permit and a category IIIA ornamental and/or category IIIB turf permit. A business license must also be obtained when required.

(h)   PENALTY. Any person applying chemicals upon yards, grass or in or upon the lake in violation hereof and/or without having fast secured a city permit or a commercial applicator who fails to follow the requirements herein, shall be subject to a fine of not less than $100.00 and not more than $500.00 and may be liable for civil penalties for any damages incurred by reason of such chemicals.

(i)    CIVIL DAMAGES. Any person causing damage by negligent or improper application of chemicals may be liable for civil damages.

(Ord. 1759, Secs. 2:9; Ord. 1993; Code 2019)

No cabin license or permits shall be issued for tracts that do not have a lake frontage.

(Ord. 1629, Sec. 8)

All lake leaseholds have boundaries as have been determined and are marked in a GPS pinned survey.

(Ord. 1629, Sec. 10; Code 2019)

(a)   Whenever an application is made to the city clerk for any new construction or for the exterior addition upon any Council Grove Lake Park property, which includes carports, garages, utilities or boat houses, they shall file with the city clerk a minimum fee of $20 as provided by Chapter 4.

(b)   A minimum fee of $20 as provided by Chapter 4 shall be paid whenever an application is filed with the city clerk concerning the construction or erection of a boat dock, wells or other improvements not specifically provided herein.

(c)   Whenever an application is made to the city clerk for the construction, erection or alterations of the septic tank, a fee of $25 shall be paid when the application is filed with the city clerk. No permit shall be issued by the city clerk until the permit fee has been paid.

(d)   Building permit fees shall be paid as provided in Chapter 4.

(Ord. 1646, Sec. 2; Code 1988; Code 2019)

Any buildings which are moved upon the Council Grove Lake Park area, or trailer houses to be located upon the same, will be considered the same as new construction or improvements.

(Ord. 1629, Sec. 12)

(a)   Definitions.

Building. Building shall mean any dwelling or portion thereof that is used, designed or intended for use of human habitation for living, sleeping, cooking or eating purposes or any combination thereof. Additions to a building, such as a deck, are considered part of a building.

Accessory Structure. A structure, the use of which is customarily accessory to and incidental to that of the dwelling and which is located on the same leasehold. These structures are commonly used as garages, boat houses, picnic shelters, carports, cabanas, storage sheds and tool sheds.

(b)   No leasehold shall have more than one (1) building. No plumbing shall be allowed in any accessory structure.

(c)   All buildings and accessory structures shall be subject to the following:

(1)   Be located on the leasehold.

(2)   Be a minimum of 5 feet within the boundary line of the area designated as the leasehold.

(3)   Be on a permanent foundation.

(4)   Be at least 100 feet from the standard water level of the lake, however this restriction shall not apply to boat houses and picnic shelters.

(Ord. 1629, Sec. 13; Ord. 2109; Code 2019)

(a)   The Lessees of property at the Council Grove Lake Park may build, construct and/or maintain a boat house PROVIDED that said boat house is a single story detached accessory structure not exceeding 16 feet in height above the floor of the structure, designed and used exclusively to house, shelter, store or protect boats, watercraft and related marine equipment, situated on a permanent foundation located on the waterfront of the lot not more than 25 feet from the high water mark, constructed such as to allow boats to be launched into or hauled out of the lake, shall not contain a toilet, sink, bathroom, kitchen or sleeping facilities and must have a door facing the lake of minimum dimensions of 9 feet in width and 7 feet in height.

(b)   The Lessees of property at the Council Grove Lake Park are prohibited from building or constructing a boat dock or any other structure from the high water mark of the Council Grove Lake Park with enclosed sides, ends or gabled roof, except by approval of the City Council.

(c)   Any person violating the provisions of this section shall be deemed guilty of a misdemeanor and shall be fined not less than $50.00 nor more than $500.00 by a court with competent jurisdiction. Such Court shall order immediate removal of any structure found in violation of this section. The City also has the right to consider a violation of any of the provisions of this section as a breach of lease, which would permit the City to terminate the lease. The City shall give any party violating the terms of this section a 30 day written notice of termination of lease. Upon the lease being terminated, Lessee is to remove all property from the premises as provided by city ordinances.

(Ord. 1744, Secs. 1:3; Ord. 1915; Code 2019; Ord. 2250)

It shall be unlawful to use commercial storage containers, either metal or plastic as floatation devises, in dock construction, or otherwise, in the Council Grove City Lake. Commercial storage containers are immediately barred for use in or as a part of any dock construction or their construction placing the containers in contact with the water at the Council Grove City Lake. Commercial storage container is defined as any metal or plastic barrel, drum or similar vessel that is manufactured or designed for the purpose of storing or containing a solid or liquid. This section does not bar use of containers or apparatus manufactured and sold specifically for use as floatation devises.

It shall be a violation of this section to place commercial storage containers in the Council Grove City Lake or to knowingly allow them to remain in the lake. Violation of this section shall subject the offender to a fine of up to $100 per commercial storage container placed or allowed to remain in the Council Grove City Lake.

(Ord. 1720)

Any application for the moving upon a cabin site of any structure which has previously been built or constructed must first be accompanied by a recent photograph of such building, structure or improvement.

(Ord. 1629, Sec. 14)

All applications for buildings or improvements upon the park shall be referred to the building inspector. The building inspector shall then refer the application to the governing body, who shall, without unreasonable delay, investigate the application and either approve or reject the same.

(Ord. 1629, Sec. 15)

It shall be the duty of the building inspector to see that all applications for buildings and improvements are completed in compliance with the application on file with the city clerk.

(Ord. 1629, Sec. 16)

(a)   No roads or ways of access shall be made in, upon or across the Lake Park or any part thereof without the written approval of the governing body.

(b)   Each lessee shall provide his or her own water supply and will be responsible for toilets and other sanitary conditions on his or her site. The toilet must meet the requirements as set forth by the State Board of Health.

(c)   The city will not be responsible for the protection and safety of any persons or property in the park nor upon the Council Grove Lake.

(d)   Each lessee or cabin owner shall take the necessary precautions to prevent grass fires originating on the lessee’s premises to spread to adjacent lots, sites, or grounds.

(Ord. 1629, Sec. 17; Code 2019)

If the lessee of any cabin site, while in or upon the park or Council Grove Lake violates any law of the State of Kansas or ordinances of the city, or if he or she knowingly permits another to violate the laws and ordinances, the governing body may cancel and terminate the cabin site lease. Upon termination of any cabin site leasehold, the lessee shall remove all of his or her property from the cabin site. All property not removed therefrom within 30 days after the termination of the lease shall be ipso facto, forfeited to and shall become the property of the city.

(Ord. 1629, Sec. 18; Code 2019)

Cabin site leases may not be assigned, but all rights under the lease for the remainder of the term thereof may pass by will or the laws of descent and distribution or inheritance under the laws of the State of Kansas.

(Ord. 1629, Sec. 19; Code 2019)

An annual inspection shall be made by the governing body and/or the lake committee of the governing body and they shall be and are vested with authority to make such requirements pertaining to cottages and cabins on lake sites such as general maintenance, painting, general appearance, etc. In the event an owner fails to comply with any rules, regulations or requests made by the committee, the governing body may cancel or refuse to renew the lease. If on the inspection it shall be determined that a construction upon the cabin site did not comply with the original plans, the owner may be directed to meet the specifications of his or her plans as the same were approved or have his or her lease and permit canceled.

(Ord. 1629, Sec. 20; Code 2019)

(Ord. 1629, Sec. 21; Ord. 2220)

(Ord. 1629, Sec. 22; Ord. 2220)

(Ord. 1629, Sec. 23; Ord. 2220)

(Ord. 1629, Sec. 24; Ord. 2220)

(Ord. 1724, Sec. 1; Ord. 1823; Ord. 2049; Ord. 2057; Ord. 2059; Ord. 2156; Code 2019; Ord. 2220)

(Ord. 1724, Sec. 1; Ord. 2220)

(Ord. 1724, Sec. 1; Ord. 2220)

(Ord. 1629, Sec. 28; Ord. 2220)

(Ord. 1629, Sec. 29; Ord. 2002; Code 2019; Ord. 2220)

(Ord. 1629, Sec. 30; Ord. 2001; Code 2019; Ord. 2220)

(Ord. 1629, Sec. 31; Ord. 2220)

(Ord. 1629, Sec. 32; Ord. 2220)

(Ord. 1629, Sec. 33; Ord. 2220)

(Ord. 1629, Sec. 34; Ord. 1991; Code 2019; Ord. 2220)

(Ord. 1629, Sec. 35; Ord. 2220)

(a)   No person shall operate or attempt to operate any vessel within the Council Grove Lake Park while:

(1)   The alcohol concentration in the person’s blood or breath, at the time or within two hours after the person operated or attempted to operate the vessel, is 10 or more;

(2)   Under the influence of alcohol;

(3)   Under the influence of any drug or combination of drugs to a degree that renders the person incapable of safely operating a vessel; or

(4)   Under the influence of a combination of alcohol and any drug or drugs to a degree that renders the person incapable of safely operating a vessel.

(b)   No person shall operate or attempt to operate any vessel within the Council Grove Lake Park if the person is a habitual user of any narcotic, hypnotic, somnifacient or stimulating drug.

(c)   If a person is charged with a violation of this section involving drugs, the fact that the person is or has been entitled to use the drug under the laws of Kansas shall not constitute a defense against the charge.

(d)   Violation of this section is a code violation punishable:

(1)   On the first conviction, by imprisonment of not more than one year or a fine of not less than $100 nor more than $500, or both; and

(2)   On the second or a subsequent conviction, by imprisonment for not less than 90 days nor more than one year and, in the court’s discretion, a fine not exceeding $500.

(K.S.A. Supp. 82a-829; Code 1988; Code 1996, 12-649; Code 2019)

All persons fishing in the Council Grove Lake who are required to have a state license to fish shall also be required to have a city permit and license to fish in the Council Grove Lake.

(Ord. 1629, Sec. 36)

(a)   Persons living in the City or having a current cabin license at the Council Grove Lake Park shall pay $4.00 per year for the City Fishing Permit.” Daily Fishing Permit shall be purchased for the sum of $2.00 per day.

(b)   Persons not living in the City of Council Grove and not having a current cabin license at the Council Grove Lake Park shall pay $8.00 per year for a Fishing Permit. A Daily Fishing Permit for such persons shall be purchased for $4.00 per day.

(c)   Persons living in the City or having a current cabin license at the Council Grove Lake Park may purchase what will be referred to as a “John Doe License” for the sum of $16.00 per year. A “John Doe License” may be purchased by a person having a current cabin license at the Council Grove Lake Park or a resident of the City of Council Grove and such license may be used for a friend or family member of the person having a current cabin license or a resident of the City of Council Grove. This license may be used by different persons but that said person must have in his possession the “John Doe License” if he is not qualified as having a permit as previously set forth herein. Each person must have a fishing license or a “John Doe License”.

(Ord. 1734, Sec. 1; Ord. 1735, Sec. 2; Ord. 1848; Code 2019)

Each person fishing in the Council Grove Lake must, on demand, exhibit his or her state license, his or her city license and his or her catch to any sheriff, police officer, fish and game warden or any person in authority, including the caretaker at the lake.

(Ord. 1629, Sec. 38)

Fishing with trot-lines, throw lines, limb lines and bank lines is forbidden. Unattended fishing lines by licensees and their guests from their private docks is permitted if tagged securely and plainly with the fisherman’s name and address.

(Ord. 1629, Sec. 39)

All rules and regulation of the Wildlife and Parks Commission of the State of Kansas or any and all other subdivisions of the State of Kansas having authority shall be and are hereby made a part of this article the same as if they were set out in full herein. This is to apply to the regulations as may be shown in existence or may hereinafter be established and the violation thereof on the premises covered by this article shall likewise be a violation of this article and Ordinance No. 1820.

(Ord. 1629, Sec. 40; Ord. 1874; Code 2019)

(a)   LENGTH AND CREEL LIMITS. The City of Council Grove hereby adopts the following length limits and creel limits for Crappie, Black Bass, Channel Catfish and Walleye, consistent with Kansas Department and Wildlife laws and regulations, to wit:

(1)   Crappie: No length limit; creel limit of 20.

(2)   Black Bass: Length limit shall be less than 13 inches or more than 18 inches (nothing in between); creel limit - 5.

(3)   Channel Catfish: Length limit - none; creel limit - 5.

(4)   Walleye: Length Limit - 18 inches; creel limit - 5.

(b)   PROHIBITED ACTS. It shall be unlawful for any person, by fishing or other means, to keep, remove or destroy any of the species of fish specified in the preceding section which violate the length limit or the creel limit.

(Ord. 1629; Ord. 1724; Ord. 1735; Ord. 1998; Code 2019)

No hunting or trapping is permitted on the Council Grove Lake and grounds unless permission has been received from the governing body at a regular meeting.

(Ord. 1629, Sec. 45)

There is to be no blasting without a permit by the cabin site lessee. In order to obtain a permit the applicant is to meet all the requirements of the fire protection code. The applicants shall also post a bond with the city clerk in the amount of $2,000 and that the bond or funds therefrom may be utilized to pay any damages to any persons or property by reason of the blasting.

(Ord. 1629, Sec. 46)

A permit must be obtained from the lake caretaker in order to burn yards or limbs on the Council Grove Lake Park.

(Ord. 1629, Sec. 47)

There are to be quiet hours upon the Lake Park from 11:00 p.m. to 7:00 a.m. The term quiet hours is defined as a time when no loud music, loud or boisterous talking, yelling, or indecent or vulgar language is allowed, used or practiced, or any other noise calculated to disturb or annoy any person residing in the vicinity.

(Ord. 1629, Sec. 48)

(a)   The employees and agents of the City of Council Grove, and any person authorized in writing by the City, shall have an easement and right for ingress and egress to the lake and the lake frontage for reasonable use. This easement is to be five feet in width on each side of all cabin leases granted by the City.

(b)   Any person taking any action to block or limit the valid use of this easement shall be punished by assessment of a fine of up to $500.00 and shall have their city lake lease terminated and revoked.

(Ord. 1629, Sec. 56; Ord. 1923; Code 2019)

A resident of the City of Council Grove Lake Park shall have the right to use water from the Council Grove Lake for domestic purposes under rules and regulations set forth in this article.

(Ord. 1800, Sec. 1)

All applications for the use of the water are to be in writing and submitted to the city clerk. The construction and installation shall be examined and approved by the Council Grove building inspector.

(Ord. 1800, Sec. 2)

All water lines must be buried and to meet the present city code and all submergible pumps must be within 50 feet of the high water line, and subject to approval by the city building inspector.

(Ord. 1800, Sec. 3)

No meters will be used to determine the amount of water used. The resident will pay the sum of $6.50 per month for the use of the raw water used for household use. Users of the water will be billed monthly for their water usage and if bills are not paid by the 10th of the month following the receipt of water, the city shall terminate further use of the water. Water users are subject to the same regulations and ordinances for water customers in the city.

(Ord. 1800, Sec. 4)

The residents shall be responsible for payment of the monthly water bills as long as a pump is placed in the water. All requests to remove and install the pumps must be made in writing and submitted to the city clerk.

(Ord. 1800, Sec. 5)

The city is not selling drinking water and any water treatment by the residents is done at the residents’ own expense and responsibility. Any person using such water is using the water at their own risk and the applicant agrees to hold the city harmless from any and all liability, if any, that may result from any person or persons using or consuming water from the Council Grove City Lake.

(Ord. 1800, Sec. 6)

(a)   Purpose. The purpose of this section is to regulate signage on property owned by the City of Council Grove at the Council Grove Lake Park. Only limited signage will be permitted because the lake park is a residential setting.

(b)   Limited Signage Allowed Without Prior Approval. The following signage is allowed at the Council Grove Lake Park without prior approval of the Governing Body of the City of Council Grove:

(1)   Leasehold Identification and Leaseholder Signage - Any signage for the purpose of identifying a leasehold and the name of a leaseholder and placed on the leasehold, shall be permitted without application and approval of the governing body, as long as such signage does not exceed ten square feet.

(2)   “For Sale” Signage - “For Sale” signage is permitted, but limited to one sign placed upon the road side of the leasehold and one sign placed upon the waterfront side of the leasehold.

(c)   Signage Without Approval Prohibited. Unless specifically permitted in subsection (b), no signage shall be place upon property owned by the City of Council Grove in the Council Grove Lake Park, without the approval of the governing body, following the application process set forth herein.

(d)   Application. Any person, firm or corporation desiring to place signage at the Council Grove Lake Park shall make a written application for approval of such signage on a form provided by the City Cleric All signed applications shall contain the proposed location of the sign, the size of the sign, its nature, content and its composition.

(e)   Altering Signs. No signage which has been approved by the City shall be altered, rebuilt, extended, enlarged or relocated without approval from the City.

(f)   Revocation. Should the Governing Body of the City of Council Grove revoke any sign which has been previously approved by the Governing Body, written notice shall be given to the owners of such sign and they shall have 10 days from such notice to remove such signage.

(Ord. 2040; Ord. 2045; Code 2019)

(a)   PURPOSE. The purpose of this section is to clarify depths, widths and boundary determination procedures and repeal ordinances which are inconsistent herewith.

(b)   DEFINITIONS.

(1)   Standard Water Level. Standard water level shall mean the level of water in the lake when it is full, not running over the spillway, but at spillway level.

(2)   Dwelling. A building or portion thereof that is used, designed or intended for use of human habitation for living, sleeping, cooking or eating purposes or any combination thereof. Additions to a dwelling, such as decks, garages and carports, are considered part of a dwelling.

(3)   Accessory Structure. A building, the use of which is customarily accessory to and incidental to that of the dwelling and which is located on the same leasehold. Accessory structure are commonly used as garages, boat houses, picnic shelters, carports, cabanas, storage sheds and tool sheds.

(4)   Portable Accessory Structure. An accessory structure that is designed, built and installed such that it can be moved from one location to another without any disassembly of the structure.

(c)   WIDTHS OF LEASEHOLDS. The standard width of leaseholds shall be seventy-five (75) feet. However, because of the topography around the lake, the width of leaseholds on points may be more than 75 feet at the lake and less than 75 feet at the opposite end of the leasehold and leaseholds in coves may be less than 75 feet at the lake and more than 75 feet at the opposite end of the leasehold. As of the date of this section, all boundaries shared by leaseholders have been determined by boundary agreements, unappealed boundary markings, or decisions by the Boundary Board of Appeals. Once determined, all boundaries shared by leaseholders shall remain as determined.

(d)   DEPTH OF LEASEHOLDS. The standard depth of leaseholds shall be one-hundred-fifty (150) feet measured from the standard water level of the lake frontage at the leasehold. However, in the event that any leasehold, as of August 1, 2011, contained a dwelling or non-portable accessory structure situated above the ground beyond the 150 feet depth, then the leasehold shall extend to the point of the dwelling or non-portable accessory structure furthest from the lake frontage plus 5 feet from the drip line. If any non-portable accessory structure is situated as such to exist beyond any access roads, then such leaseholds shall not include the access road, but will include a separate area beyond the access road, the footage of such to be equivalent to the drip line of such non-portable accessory structure. Once the depth of a leasehold has been determined, the owner of any portable accessory structure that is located outside their leasehold shall remove the accessory structure, relocate it to their determined leasehold or apply for a variance to allow the structure to remain on unleased city property adjacent to the leasehold.

(e)   BOUNDARY DETERMINATION CRITERIA. When making boundary determinations, the City’s designated agent shall take into consideration the criteria listed in this section. This list is non-exclusive, and other criteria may be considered. The weight to be given to any criteria shall be determined by the City’s designated agent. The appeals board shall also consider this list of non-exclusive criteria when hearing appeals, and may weigh the criteria as they deem appropriate. The non-exclusive list of criteria includes:

(1)   prior agreements and understandings of adjoining leaseholders;

(2)   prior usage and expectations of adjoining leaseholders;

(3)   the physical configuration of lots;

(4)   equitable placement of the boundary considering the interest of present as well as future leaseholders;

(5)   equitable division of lake frontage and access;

(6)   ingress and egress to leaseholders;

(7)   location of existing access roads;

(8)   location of existing utilities;

(9)   equitable placement of the boundary considering the previously determined depths of adjoining lots; and

(10) any other factors deemed appropriate.

(f)   NEW DWELLINGS AND ACCESSORY STRUCTURES. When the 150 foot depth of a leasehold and other set-back requirements will not accommodate a proposed new dwelling or accessory structure, a leaseholder or a prospective purchaser of a leasehold may file with the office of the city clerk a request in writing for a boundary line adjustment to the leasehold. The requested boundary line adjustment shall be the minimum reasonable increase that will accommodate the proposed new dwelling or accessory structure. The written request shall include:

(1)   elevation and plan drawings/sketches showing the dimensions of the proposed new dwelling or accessory structure;

(2)   a copy of the plot plan for the leasehold showing the location dimensions of the proposed new dwelling or accessory structure in relation to the existing dwelling;

(3)   signed letters from the adjoining leaseholders with their comments about the proposed boundary line adjustment;

(4)   a non-refundable fee of $ 70 to cover the cost of evaluating the request; and

(5)   a completed leasehold transfer package, if the written request is from a prospective purchaser of the leasehold.

The City’s designated agent shall evaluate the boundary line adjustment request taking into consideration the boundary determination criteria of (e) and mark the proposed boundaries at the leasehold. When the evaluation and marking by the City’s designated agent is completed, the governing body’s lake committee shall evaluate the boundary line adjustment request taking into consideration the boundary determination criteria of (e) and the City’s designated agent’s evaluation results. Thereafter, the boundary line adjustment request will be placed on the next governing body agenda along with the completed leasehold transfer package, if the written request is from a prospective purchaser of the leasehold. The governing body shall evaluate and act on the boundary line adjustment request taking into consideration the boundary determination criteria of (e), the City’s designated agent’s evaluation results and the governing body’s lake committee’s recommendations. If the boundary line adjustment request was submitted by a prospective purchaser of a leasehold, the governing body shall act on the boundary line adjustment request and the leasehold transfer request concurrently. If the transfer request is denied, the boundary line adjustment request shall not be approved. However, the prospective purchaser of a leasehold may request that the governing body approve the transfer even if the boundary line adjustment request is denied. If the boundary line adjustment is approved, the leaseholder shall pay a one-time fee equal to the annual lease fee divided by 11,250, rounded to the nearest penny, multiplied by the square footage of the boundary line adjustment. The leaseholder shall submit a Building Permit Application signed by the building contractor, and a complete set of building plans, within one year of the boundary line adjustment request approval date. If the leasehold is sold prior to the submission of the Building Permit Application, the boundary line adjustment shall lapse and the b01mdary line shall remain at its former placement. The building project shall be started within 180 days and completed within one year following the approval of the building pe1mit. If the building project is not started within 180 days following the approval of the building permit, the building permit and the b01mdary line adjustment shall lapse and the boundary line shall remain at its former placement.

After the platting of Council Grove Lake Park has been completed and the plat has been filed with the Morris County Register of Deeds, when the building project has been completed, the leaseholder shall cause a certified land survey of the boundary line adjustment, showing the increase and the original lot with all comers marked. The survey drawing shall be acknowledged by the City Clerk with the date of the governing body’s approval of the boundary line adjustment. The survey drawing shall be filed for record in the Morris County Register of Deeds by the City Clerk. The leaseholder is responsible for paying the cost of surveying the leasehold and the cost of filing the survey drawing in the Morris County Register of Deeds.

(Ord. 2099; Ord. 2149; Code 2019)

(a)   PURPOSE. The purpose of this section is to set forth the requirements necessary to have a lake lot lease transfer placed on the agenda for a City Council meeting and to establish minimum requirements to have a lake lot lease transfer approved by the governing body of the City of Council Grove, Kansas.

(b)   MINIMUM REQUIREMENTS FOR BEING PLACED ON CITY COUNCIL AGENDA. The following are requirements to be met before any lake lot lease transfer is placed on the agenda for a City Council meeting, and all such requirements must be met.

(1)   Completed cabin lake transfer application.

(2)   Payment of $500.00 transfer fee and all applicable registration fees.

(3)   Septic system must be inspected by City Building Inspector.

(4)   Any septic system corrections must be completed and then approved by the Building Inspector.

(5)   The lease fee for current year must be paid in full.

(6)   Transferees must sign a lake lot lease agreement with the City of Council Grove.

(7)   A notarized Bill of Sale must be included with application for transfer.

(8)   The leasehold must pass an on-site inspection of all structures, to verify compliance with the lease and all applicable City ordinances.

(9)   The leasehold and leaseholders must be in compliance with all applicable City ordinances and all terms and conditions of the lease agreement.

(c)   MINIMUM REQUIREMENTS WHICH MUST BE MET IN ORDER TO HAVE THE LAKE LOT LEASE APPROVED AT A CITY COUNCIL MEETING ARE AS FOLLOWS:

(1)   Completed cabin lake transfer application.

(2)   Payment of $500.00 transfer fee and all applicable registration fees.

(3)   Septic system must be inspected by City Building Inspector.

(4)   Any septic system corrections must be completed and then approved by the Building Inspector.

(5)   The lease fee for current year must be paid in full.

(6)   Transferees must sign a lake lot lease agreement with the City of Council Grove.

(7)   A notarized Bill of Sale must be included with application for transfer.

(8)   The leasehold must pass an on-site inspection of all structures, to verify compliance with the lease and all applicable City ordinances.

(9)   The leasehold and leaseholders must be in compliance with all applicable City ordinances and all terms and conditions of the lease agreement.

Original signatures on all documents above which need to be signed must be in the possession of the city clerk/administrator prior to the transfer being approved. All documents must be on the forms provided by the City.

All transfers are reviewed on a case by case basis. Additional information may be required by the governing body. Should the governing body find cause not to approve any transfer, the governing body shall retain such authority to deny any transfer, even if the foregoing minimum requirements have been met.

(Ord. 1910; Ord. 1970; Ord. 2064; Ord. 2182; Code 2019)

(a)   PURPOSE. The purpose of this section is to prevent the discharge of dredged material and fill material into the water at the Council Grove Lake Park. This promotes the health, safety and general welfare of the citizens of the City of Council Grove and those at the Council Grove Lake Park.

(b)   DEFINITIONS.

(1)   Dredged Material: Material that is excavated or dredged from waters in the United States.

(2)   Fill Material: Material placed in waters of the United States where material has the effect of either replacing any portion of the waters with dry land or changing the bottom elevation of any portion of the waters. Examples include rock, sand, soil, clay, plastics, construction debris, wood chips, overburden from excavation activities and materials used to create any structure or infrastructure.

(3)   Standard Water Level (SWL): The level of water in the City Lake when it is full, not running over the spillway, but at spillway level.

(c)   PROHIBITED DISCHARGES. The following are all prohibited discharges at the Council Grove Lake Park:

(1)   Any discharge, including redeposit other than incidental fall back, of dredged material or fill material into the Council Grove City Lake.

(2)   Any discharge of dredged material or fill material onto areas that drain into the Council Grove City Lake.

(3)   Any discharge of dredged material or fill material below the standard water level of the Council Grove Lake, with the exception of construction materials for boat ramps and sea walls for property protection.

(d)   SAND BEACHES PROHIBITED. Sand beaches which are not contained so as to prevent sand washing into the Lake are prohibited at the Council Grove Lake Park. Any such sand beach that was installed at the Council Grove Lake Park without Corps of Engineer authorization and a City of Council Grove building permit shall be removed before June 1, 2016.

(e)   PENALTIES. Any person violating this section shall be guilty of a code violation and upon conviction thereof shall be punishable by a fine of not less than $100.00 or more than $200.00 per day for each day that the offense occurs. Each day shall constitute a separate offense.

(Ord. 2103; Ord. 2170; Code 2019)

(a)   DREDGING AT THE CITY LAKE. No person may dredge from the Council Grove Lake and no equipment or materials shall be placed within the water without a U.S. Army Corps of Engineers permit and City approval.

(b)   DUMPING OF DREDGED MATERIALS ON CITY PROPERTY. Dumping of dredged materials on any City property, including any portion of the Council Grove Lake Park, may only be done with the approval of the City. Any person dumping such dredge material shall pay to the City the sum of $.25 per cubic yard of materials dumped, based on the measured volume of the haulage equipment and tracked by load count of such haulage equipment. The dumping location shall be identified and approved by the city administrator or the city administrator’s agent.

(c)   CONTAMINATED MATERIALS. Contaminated materials are toxic or potentially harmful substances that may be present m dredged material. No contaminated materials may be dumped on City property.

(d)   PENALTY. Any person who shall dredge in violation of (a) or dump in violation of (b) or (c) shall be subject to a fine of not less than $100.00 nor more than $200.00 per day for each day that such activity occurs. Each day shall constitute a separate offense. Any offender who is guilty of dumping without paying the requisite fee shall also pay restitution to the City.

(Ord. 2103; Code 2019)

(a)   PURPOSE. This section is for the purpose of determining when the City of Council Grove will require replacement of an onsite wastewater treatment system installed on property at the Council Grove Lake Park, and shall be construed in conjunction with this article.

(b)   ONSITE WASTEWATER TREATMENT SYSTEM COMPONENTS. For the purposes of this section, wastewater system components are:

(1)   Septic Tank

(2)   Soil Absorption Field

(3)   Lift Tank

(4)   Sanitary Drain Lines

(5)   Motors and Controls

(c)   ONSITE WASTEWATER TREATMENT SYSTEM REPAIRS. The following types of repairs are permitted to be made to an existing onsite wastewater treatment system:

(1)   Replacement of a sanitary drain line between a dwelling and a septic tank or lift station.

(2)   Replacement of a sanitary drain line between a septic tank and a lift station.

(3)   Replacement of a sanitary drain line between a septic tank or lift station and the Soil Absorption Field.

(4)   Installing inlet and outlet tees provided that they are not replacing failed septic tank baffles.

(5)   Replacement of cracked or damaged septic tank lids.

(6)   Replacement of aeration motors and/or controls.

(7)   Replacement of lift pumps and/or valves.

(d)   ONSITE WASTEWATER TREATMENT SYSTEM REPLACEMENT. If any other component of an onsite wastewater treatment system fails:

(1)   The Septic Tank shall be replaced with an Advanced Wastewater Treatment System.

(2)   The Soil Absorption Field shall be brought up to current codes for an Advanced Wastewater Treatment System or replaced in its entirety.

(3)   An existing septic tank may be converted to a lift tank if it is located more than 100 feet from the lake.

(4)   All onsite wastewater treatment system replacement activity, whether required by the Ordinance or not, shall be coordinated with and approved by the Morris County Sanitarian and the Council Grove City Inspector.

(Ord. 1957; Ord. 2143; Code 2019)

(a)   PURPOSE. The ordinance is for the purpose of regulating the identification, protection and maintenance of water wells and wastewater treatment disposal systems in the Council Grove Lake Park and shall be construed in conjunction with existing ordinances.

(b)   WATER WELL IDENTIFICATION. Each water well in the Council Grove Lake Park shall be identified with the cabin section letter and site number(s) that it serves. The leaseholder(s) shall identify their water wellhead with their cabin section letter and site number. If the wellhead is in a building, the access door to the wellhead shall be identified as such, e.g., “section letter - site number WELL ACCESS DOOR”.

(c)   WATER WELL AREA PROTECTION AND MAINTENANCE. The leaseholder(s) shall protect and maintain their water well area as follows:

(1)   Wellheads shall be secured with a functioning sanitary seal.

(2)   Wellheads shall be protected from damage. (For example, by a barrier or building.)

(3)   The wellhead area within and around a barrier shall be maintained such that weeds and indigenous grasses do not exceed eight (8) inches in height.

(d)   WASTEWATER TREATMENT DISPOSAL SYSTEM IDENTIFICATION.

Each wastewater treatment disposal system in the Council Grove Lake Park shall be identified with the cabin section letter and site number(s) that it serves. A typical wastewater treatment disposal system will have from 1 to 3 manhole and/or inspection covers. The leaseholder(s) shall identify their wastewater treatment disposal system as follows:

(1)   When a wastewater treatment disposal system has covers that are above ground, the manhole cover of the septic tank or the pretreatment tank shall be identified with the cabin section letter and site number.

(2)   When a wastewater treatment disposal system has covers that are below ground, risers that extend to the surface shall be installed over each cover. The cover on the manhole riser shall be identified as in subsection (1) of this section.

(3)   Each comer of the system treatment area (treatment tank and lateral field) shall be identified.

(4)   When the wastewater treatment disposal system utilizes a lift station having a cover that is above the ground, the cover shall be identified as in subsection (1) of this section.

(5)   When the wastewater treatment disposal system utilizes a lift station having a cover that is below the ground, a riser that extends to the surface shall be installed over the cover. The cover on the riser shall be identified as in subsection (1) of this section.

(e)   WASTEWATER SYSTEM TREATMENT AREA PROTECTION AND MAINTENANCE. The leaseholder(s) shall protect and maintain their wastewater treatment disposal system area as follows:

(1)   Vehicles (other than lawnmowers) shall be prevented from driving over the wastewater system treatment area.

(2)   Vehicles, trailers and boats shall be prevented from being parked or stored on the wastewater system treatment area.

(3)   The wastewater system treatment area shall be maintained such that weeds and indigenous grasses do not exceed eight (8) inches in height.

(f)   COMPLIANCE DATE. Water wells and Wastewater Treatment Disposal Systems in the Council Grove Lake Park shall be in compliance with this section prior to transfer but not later than August 12, 2012.

(g)   PENALTY. Any person who violates the provisions of this section shall, upon conviction, be fined $200.00 per day. Each and every day that a violation of this section occurs shall be considered a separate offense.

(Ord. 2095; Code 2019)

(a)   PURPOSE. The section is for the purpose of regulating Advanced Waste Water Treatment Disposal Systems placed on property at the Council Grove Lake Park and shall be construed in conjunction with this article.

(b)   DESCRIPTION. Advanced Wastewater Treatment Disposal Systems are also known as Aerobic Treatment Units (ATUs) and Aeration Systems. A typical three compartment Aerobic Treatment Unit consists of a pretreatment tank, aeration (treatment) tank and a settling tank. Aerobic systems are similar to septic systems in that they both use natural processes to treat wastewater. But unlike septic (anaerobic) treatment, the aerobic treatment process requires oxygen. Therefore, Aerobic Treatment Units contain a mechanism to inject and circulate air inside the treatment tank, which requires electricity to operate. This aeration mechanism, and any associated pumps, requires routine maintenance in order to maintain the effectiveness of the aerobic treatment process.

(c)   PUMP TANK. The contour of cabin sites at Council Grove Lake Park generally requires that a pump tank and lift pump (grinder pump) be installed near the cabin because the wastewater inlet to the Advanced Wastewater Treatment Disposal System is usually higher than the outlet from the cabin. The use of an existing septic tank for this purpose requires the approval of the Rural Lakes Region LEPP or any successor entity.

(d)   MAINTENANCE CONTRACT REQUIRED. All Advanced Wastewater Treatment Disposal Systems installed at the Council Grove Lake Park shall maintain a Maintenance Contract with a licensed service representative approved by the Rural Lakes Region LEPP or any successor entity. The Maintenance Contract shall require a minimum frequency of annual routine inspection. A copy of the Maintenance Contract and all maintenance reports shall be submitted to the City of Council Grove within 30 days of the inspection or servicing of an Advanced Wastewater Treatment Disposal System.

(e)   COMPLIANCE DATE. All Advanced Wastewater Treatment Disposal Systems previously installed at the Council Grove Lake Park shall be in compliance with subsection (d) within 90 days of the effective date of Ordinance No. 2081.

(f)   INSPECTION PRIOR TO TRANSFER. Prior to the City approving a transfer of a cabin site at the Council Grove Lake Park, all Advanced Wastewater Treatment Disposal Systems shall be inspected by a licensed service representative approved by the Rural Lakes Region LEPP or any successor entity. The city building inspector shall witness this inspection. The inspection will require the pumping of the pump tank and pretreatment tank and may require the pumping of the aeration tank and/or the settling tank.

(g)   PENALTY. Any person who violates the provisions of this section shall be fined not less than $200.00 nor more than $1,000.00. Each and every day that a violation of this section occurs shall be considered a separate offense.

(Ord. 2081; Code 2019)

(a)   PROHIBITED PLUMBING. Except as permitted herein, plumbing in any accessory building or yard is hereby prohibited.

(b)   PERMITTED PLUMBING. Following the issuance of a City plumbing permit, plumbing is permitted in accessory buildings and in the yards at the Council Grove Lake Park only as follows:

(1)   Accessory Building--When the accessory building is at least 100 feet from the standard water level and the septic system at the leasehold meets all current KDHE requirements. The accessory building cannot contain a bedroom.

(2)   Yards--Plumbing related only to yard and watering system is allowed only after appropriate permits have been obtained from the City of Council Grove.

(c)   INSPECTION. Any application for a plumbing permit shall trigger an on-site inspection of all structures at the leasehold for which the application is made, to verify compliance with the Lease and all applicable City ordinances.

(d)   PENALTIES. If any plumbing is found at any leasehold in violation of this section, the leaseholder must immediately discontinue use of such plumbing and immediately disconnect and cap such plumbing in accordance with applicable building standards. Any persons found in violation of this section shall be punished by assessment of a fine of up to $500.00 and such violator may have their lease terminated and revoked.

(Ord. 1922; Ord. 2183; Code 2019)

(a)   PURPOSE. The purpose of this section is to protect the water supply of the City of Council Grove from contaminants.

(b)   INSPECTION REQUIRED. Before any water-cooled or hydraulic operated machinery or equipment is operated in the water or within 75 feet of the standard lake level, such machinery or equipment must be inspected by the City Administrator or his designated agent.

(c)   RE-INSPECTION REQUIRED. Following inspection of water cooled or hydraulic-operated machinery or equipment as set forth herein, no re-inspection will be required for a period of 30 days. However, after a period of 30 days, any such equipment must be re-inspected.

(d)   NO USE PERMITTED. Should any person operate any water cooled or hydraulic-operated machinery or equipment in the water or within 75 feet of the standard water level before inspection, or should any person fail to obtain a re-inspection as required herein, the City Administrator or his designated agent is authorized to immediately shut down the use of such machinery or equipment until such inspection is obtained and the machinery or equipment passes inspection. Additionally, if any machinery or equipment fails to pass inspection, such machinery shall not be operated within 75 feet of the standard lake level.

(e)   CLEAN UP. Should any fluids escape machinery or equipment, such shall be cleaned up and removed immediately by the owner or operator of machinery or equipment to avoid water contamination, pursuant to the direction of the City Administrator or his designated agent.

(f)   PENALTY. Any person who violates the provisions of this section shall be punished by not less than $100.00 nor more than $1,000.00. For each and every day that such violation, it shall be construed as a separate offense.

(Ord. 2105; Code 2019)

(a)   PERMIT REQUIRED. No persons shall construct or install any slide, water slide, diving board, or any other similar structure at the Council Grove Lake Park without first having a permit for the approval of such construction and installation from the governing body of the City of Council Grove, Kansas.

(b)   PENALTY. Any person violating this section shall be required to remove any such improvement or structure and shall also be subject to a fine of not less than $100.00 nor more than $1,000.00.

(Ord. 1942; Code 2019)

(a)   STYROFOAM. No new, reconstructed or replacement dock at the Council Grove Lake Park may be constructed from Styrofoam, unless such Styrofoam is encapsulated.

(b)   TREATMENT OF DOCKS. No person shall apply any seal or other treatment to a dock located at the Council Grove Lake Park.

(c)   PENALTY. Any person found guilty of violation of any provision herein shall be fined not less than $100.00 nor more than $1,000.00.

(Ord. 1941; Code 2019)

(a)   Underground Fuel Storage Tanks Prohibited. No underground fuel storage tanks may be maintained on any portion of the Council Grove Lake Park.

(b)   Above-Ground Fuel Storage Tanks. No above-ground fuel storage tanks exceeding 6 gallons shall be possessed or maintained at the Council Grove Lake Park.

(c)   Penalties. Any lake lot leaseholder(s) permitting, maintaining or possessing any underground fuel storage tanks or 6 gallon above-ground fuel storage tanks to be maintained on their lot lease shall be fined not less than $200.00 nor more than $500.00. Additionally, the governing body of the City of Council Grove may revoke the lease of any lake lot leaseholder(s) found in violation of this section.

(Ord. 1916; Code 2019)

(a)   Purpose. The purpose of this section is to require any person, age 18 and over, fishing at the Council Grove Lake Park to obtain a certificate of completion of the aquatic nuisance species (ANS) education course as offered on the Kansas Department of Wildlife and Parks website, in an effort to keep the lake free of aquatic nuisance species.

(b)   Course Completion Certificate Required. Prior to any person, age 18 and over, fishing at the Council Grove Lake Park, such person shall have, within the immediately preceding three years, received a certificate of completion of the aquatic nuisance species education course as made available to the public on the Kansas Department of Wildlife and Parks (KDWP) website. The web address as of January 28, 2010 is www.kdwp.state.ks.us.

(c)   Possession of Certificate. All fishermen, age 18 and over, at the Council Grove Lake Park shall have in their possession the certificate of completion of the aquatic nuisance species (ANS) education course. If not kept in possession, the fisherman must produce such certificate to the Council Grove Municipal Court, within three business days, after being issued a citation, showing that the course had been completed prior to the person fishing at the Council Grove Lake Park.

(d)   Penalty. Any person found to be in violation of this section shall be subject to a fine of $250.00. This fine may not be reduced or suspended by any court.

(Ord. 2058; Code 2019)

(a)   The City of Council Grove hereby creates a Lifetime Fishing License available to the following persons, to-wit:

(1)   Any person who has maintained and at the time of the application for the Lifetime Fishing License maintains a place of permanent abode in the City of Council Grove and has lived and resided in the City of Council Grove for more than sixty (60) days immediately preceding the persons application for a license.

(2)   Resident or persons having a lease on property at the City of Council Grove Lake Park and have had or maintained a lease upon the City of Council Grove Lake Park for more than sixty (60) days immediately preceding the persons application for the license.

(b)   Any person fishing at the Com1cil Grove Lake Park with a Lifetime Fishing License for the City of Council Grove must also have in their possession a valid State Fishing License if one is required of such person.

(c)   A Council Grove Lake Lifetime Fishing License is non-transferable and nonrefundable.

(d)   The fee for a Lifetime Fishing License for the Council Grove Lake Park for residents of the City of Council Grove and persons having a lease upon the Council Grove Lake Park is 15 times the annual fishing license fee when the application fee is requested.

(e)   Any person fishing at the Com1cil Grove Lake Park who is not a resident of the City of Council Grove or does not have a lease at the Council Grove Lake Park, the Lifetime Fishing License is times the annual fishing license fee when the application fee is requested.

(Ord. 1835; Code 2019)

(a)   PURPOSE. The purpose of the section is to adopt rules for operation of personal watercraft at the Council Grove Lake Park, in conformance with state law.

(b)   PERSONAL WATERCRAFT DEFINED. Personal watercraft means a vessel that uses an inboard motor powering a jet pump as its primary source of propulsion and is designed to be operated by a person sitting, standing or kneeling on the vessel rather than the conventional manor of sitting, standing or kneeling inside the vessel.

(c)   APPLICABILITY OF VESSEL LAW. Personal watercraft shall be subject to all applicable laws and regulations that govern the operation, equipment, registration, numbering and all other matters relating to vessels whenever a personal watercraft is operated upon the waters of the Council Grove Lake Park, except as modified below:

(1)   A personal watercraft may not be operated unless each person aboard the personal watercraft is wearing a type I, type II, type III or type V United States coast guard-approved personal flotation device.

(2)   Each person operating a personal watercraft equipped by the manufacturer with a lanyard-type engine cutoff switch shall attach the lanyard to the operator’s person, clothing, or personal flotation device, as appropriate.

(3)   A person shall not operate a personal watercraft between sunset and sunrise.

(4)   Each person shall operate a personal watercraft at no-wake speeds of five miles per hour or less when within 100 feet of any of the following:

(A)  A dock;

(B)  a boat ramp;

(C)  a person swimming;

(D)  a bridge structure;

(E)   a moored or anchored vessel;

(F)   a sewage pump-out facility; or

(G)  a nonmotorized watercraft.

(5)   A person shall operate a personal watercraft in a reasonable and prudent manner. Maneuvers that unreasonably or unnecessarily endanger life, limb, or property shall be prohibited. This prohibition shall include weaving through congested vessel traffic or jumping the wake produced by another vessel at an unsafe distance.

(6)   A person shall not operate a personal watercraft unless the person is facing forward.

(7)   A person shall not operate or use a personal watercraft to tow a person on waterskis, kneeboards, inflatable crafts, or any other device unless the personal watercraft is designed to accommodate more than one person.

(8)   A person under 16 years of age shall not operate a personal watercraft on the waters of this state unless a person 17 years of age or older is aboard the personal watercraft. However, any person under 16 years of age, but not less than 12 years of age, may operate a personal watercraft if the person has successfully completed a boating safety course of study approved by the department and has been issued a valid boating safety certificate.

(9)   No person in possession of a personal watercraft shall permit another person under 16 years of age to operate the personal watercraft, unless a person above 17 years of age is aboard the personal watercraft, or unless the operator is at least 12 years of age and has met the boating safety and certificate requirements of the preceding paragraph.

(d)   LEASE, HIRE AND RENT LIMITATIONS. A boat livery shall not lease, hire or rent a personal watercraft to, or for the operation by, any person who is under 16 years of age unless the person is at least 12 years of age and has met the boating safety and certification requirements of subsection (c)(8) above.

(Ord. 2005; Code 2019)

(Ord. 1873; Ord. 1917; Code 2019; Ord. 2020)

(a)   Requirements of Automated Sprinkler Systems. All persons who maintain an automated sprinkler system at the Council Grove Lake Park shall have it equipped with a device to detect rain so that automated sprinkler systems will not operate during a rain or following a recent rain.

(b)   Use Regulations. All lake lot leaseholders shall comply with any watering regulations that may be instituted by the City of Council Grove in the event that water rationing becomes necessary or other circumstances occur which would require regulation of the use of water from the Council Grove City Lake.

(c)   Penalties. Any person violating any provision of this section shall be fined not less than $100.00 nor more than $500.00. Additionally, the lease may be revoked by the City Council.

(Ord. 1918; Code 2019)

(a)   Pursuant to the City's lake lease, leaseholders were billed by the City for reimbursement of real estate taxes assessed to leasehold properties. The leaseholders thereafter made payments to the City for their pro rata share of such taxes. By reason of a decision of the Board of Tax Appeals, the City has received funds to reimburse the City, as taxpayer, for monies which were found to be inappropriately assessed and collected by Morris County. The purpose of this section is to provide procedures to reimburse appropriate leaseholders for taxes related to their leaseholds for 2012.

(b)   Claim procedure; administrative fee. Any person who paid leasehold taxes to the City for any period for which a refund is issued or any portion thereof, may file a claim with the City Clerk for reimbursement of those taxes. The claim shall be made on a form provided by the City for such purpose and shall be accompanied by a $10.00 administrative fee per leasehold. Only when the administrative fee is paid and the form is completed fully and all necessary information has been provided to the City, will the City consider the claim.

(c)   Claim form. The claim form shall include the following, but shall not be limited to the following: (1) the name of the leaseholder claiming reimbursement; (2) the claimant's current address; (3) identification of the leasehold for which the claim is made; (4) the years, or any portion thereof, for which reimbursement is claimed; (5) whether the leasehold was transferred in any year for which reimbursement was claimed, and the names of other parties involved in the transfer; (6) an indemnification provision; (7) any other or additional information that the City Clerk, City Attorney, or governing body may require.

(d)   Payment. When the City Clerk is satisfied that the information presented and the claim form sufficiently shows that the claimant is entitled to such reimbursement, the City shall issue a reimbursement payment to the leasehold for the appropriate sum.

(e)   Penalty. Should any person file a false claim form, such person shall be subject to a fine of not less than $100.00 nor more than $1,000.00; imprisonment in the County Jail for up to one year, or both such fine and imprisonment. Additionally, the Court shall order restitution to the City for any funds paid as a result of a false claim.

(Ord. 2194; Code 2019)