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

All areas described and set forth in the plats attached hereto, designated public parks or playgrounds, shall be and herewith constitute the public park system of the city.

(Code 1975, 2-101)

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

(Code 1998)

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 1998, 12-105)

It shall be unlawful for any person, except duly authorized city employees, to willfully or wantonly remove, injure, tarnish, deface or destroy any building, walk, bench, tree or improvement or property of any kind belonging to any park owned by the city.

(Code 1998, 12-106)

(a)   Except as provided in subsection (b), it shall be unlawful for any person to carry or have in his or her possession any firearm or dangerous weapon or to shoot or discharge the same within the limits of any city parks.

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

(Code 1998, 12-107)

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

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

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

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

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

(Code 1998, 12-108)

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 1998, 12-109)

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.

(Ord. 576, Sec. 3; Code 2007)

Overnight camping is hereby prohibited in city parks except where posted.

(Code 1998, 12-111)

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 1998, 12-112)

It shall be unlawful for any person or persons to use, consume or have on the premises of any park or other city property within the city any alcoholic liquor or cereal malt beverage.

(Ord. 576, Sec. 3; Code 2007)

(a)   Udall Residents (inside city limits)  $5.00 single/yr  $20.00/family/yr

(b)   Udall Residents (outside city limits)  $7.00/single/yr  $30.00/family/yr

(c)   Daily Guest Fees -  $5.00/day

Private businesses within the Udall City limits will be allowed to sell permits using the following criteria:

(1)   State fishing guidelines for state fishing license.

(2)   Must provide Kansas driver’s licenses with Udall address or current city bill with name and Udall address provided.

(3)   Private business will collect a $1.00 handling fee.

(Ord. 576, Sec. 1; Code 2007)

(a)   North Point Park will be open to the public: 6:00 a.m. to 9:00 p.m. Sun-Thurs 6:00 a.m. to 11:00 p.m. on Friday and Saturday.

(b)   Udall City Park hours will be Sunday through Thursday 7:00 am to 9:00 pm and Friday and Saturday 7:00 am to 11:00 pm.

(Ord. 576, Sec. 2; Ord. 656, Code 2007)

(a)   No launching of boats from park property; swimming and wading is prohibited on park property.

(b)   Entering private property from park property is prohibited without permission.

(c)   Discarding of rough fish or dead fish in the water or on land is prohibited.

(d)   Persons under the age of 12 are prohibited without parent or guardian.

(e)   Throw nets or seines are not allowed.

(Ord. 656; Code 2007; Ord. 659)

(a)   Fishing is permitted in accordance with the laws of the State of Kansas and the rules and regulations of the Kansas Department of Wildlife & Parks. Daily limit and size are as follows:

Species

Size

Number

Channel Catfish

Over16 inches

2

Flathead Catfish

Over 24 inches

1

Bass

Over16 inches

1

All Other Fish

No Limit

(b)   Rough fish, dead fish or bait shall not be thrown or left in the water or on the land at North Point Lake.

(c)   Violation of this section is a Class C misdemeanor, with a fine not to exceed $500.00.

(Ord. 571, Sec. 1; Code 2007; Ord. 668; Ord. 669)

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 1998, 12-118)

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 1998, 12-119)

(a)   Any and all persons, individuals, groups, businesses or organizations that erect inflatables, sprinklers, slip and slides, and other play equipment on public park property must acquire a play equipment permit and pay the appropriate permit fee. The permit fee shall be set annually in the city's budget ordinance. If no permit fee is established by budget ordinance, a minimum permit fee of $25.00 per event shall be charged. Said permit shall be issued by the City Clerk. The non-permitted use of play equipment on any park shall not be allowed.

(b)   Any and all persons, individuals, groups, businesses or organizations that seek a permit shall carry a minimum of $1,000,000.00 general liability insurance. The city must be listed as an additional insured on a primary and noncontributory basis. Any seeking a permit must provide proof of such insurance to the City Clerk before obtaining such permit.

(c)   All play equipment must only be placed on park grounds in such a manner that the safety of the children is ensured and in compliance with the terms of this article.

(d)   Not more than one (1) inflatable play equipment event shall operate simultaneously at a single park. No play equipment shall operate for more than six (6) hours per event. The individual, group, business, or organization who obtained the permit must provide a trained attendant on site while the play equipment is in use.

(e)   No inflatable play equipment shall be set up within one hundred (100) feet of any private property. No inflatable play equipment shall be set up within fifty (50) feet of any park playground equipment, delineated playground area, or any body of water. No inflatable play equipment may be set up within twenty (20) feet of any public building, portable restrooms, street, right-of-way, or parking area. No inflatable play equipment may be set up on any park trail or recreation facility such as tennis courts, basketball court or area, or picnic shelter or pavilion.

(f)   To the extent available, electricity may be provided at some parks that can be used to operate the play equipment. A service fee shall be charged for such electrical use. A request and payment for electrical use must be made to the parks and recreation department at least forty-eight hours prior to the setup of the inflatable play equipment.

(g)   Any and all persons, individuals, groups, businesses or organizations may provide their own power source in the form of an electrical generator. The use of an electrical generator must conform with all applicable laws, rules, and regulations, including fire code regulations and other local ordinances. This equipment may not be fueled on the park turf areas but may be fueled only on the designated park parking areas. Only the factory fuel tank installed on the generator will be permitted. No external fuel tanks are allowed as a potential power source.

(h)   Play equipment shall be hand carried, or hand trucked onto and out of parks property. In no event shall the use of motor vehicles be permitted for the set up of play equipment in violation of this code.

(i)    Play equipment with water slides is prohibited on any park property. The use of stakes shall be permitted to secure the play equipment. In order to minimize possible damage to the turf, the soil, or any underground equipment, when securing the inflatable play equipment or any other item to the ground, weights, in the form of metal plates, sandbags, or other similarly weighted material may be used.

(j)    The City Clerk may post such rules and regulations, as are approved by the governing body, pertaining to play equipment within city parks as authorized by Section 12-117 of the Udall City Code.

(Ord. 683)

12-119.      Combustible tobacco and e-cigarette use prohibited.

(a)   It shall be unlawful for any person to use any form of combustible tobacco ore-cigarette at or on the Udall City Park sidewalk, pavilion, splash pad, playground, concession are, amphitheater, and gazebo.

(b)   Any person found to be in violation of this section shall be subject to immediate ejection form the Udall City Park.

(c)   Combustible tobacco use shall be defined as ingestion of any product containing, made, or derived from tobacco or containing nicotine, whether synthetically produced or derived from any other source that is designed to be smoke including cigarettes, cigars, cigarillos, little cigars, blunts, bidis, or beedis.

(d)   E-cigarette use shall be defined as the ingestion of nicotine or other substances used in any electronic or battery-powered device/vaporizer that simulates tobacco smoking or vaping by producing an aerosol that resembles smoke, vapor or any component thereof.

(e)   However, the use of any form of combustible tobacco ore-cigarette shall be lawful at the location of an event for which a special event CMB permit was granted by the city clerk pursuant to Chapter 3 Article 8 of the Udall City Code for the duration of the event.

(Ord. 684)