CHAPTER XIII. PUBLIC PROPERTYCHAPTER XIII. PUBLIC PROPERTY\ARTICLE 5. ANTHONY MUNICIPAL LAKE

There is hereby created an Anthony Municipal Lake Board which 3hall consist of up to seven members, five of which must be citizens and residents of the City, one of which may be a citizen and resident of Harper County, and one of which may be a cabin owner however not a resident of either the City or Harper County provided that he/she maintains ownership of a cabin at the Lake while he/she is serving on the Board. All seven members shall be appointed by the Mayor with approval of the Commission.

(Ord. 2810; Code 2016)

The initial appointments to the board shall be two members for two years, two members for three years, and three members for four years with all the terms on the initial board to commence August 5th, 2014, and expire accordingly, regardless of the day of appointment. As the initial terms expire all subsequent appointments shall be for a term of four years each. In the event that a vacancy shall occur during the term of any member, his or her successor shall be appointed for the unexpired portion of the term.

(Ord. 2810; Code 2016)

The chairperson of the board shall be elected by the board members annually in August of each year and the board shall meet for this purpose during August of each year.

(Ord. 2810; Code 2016)

The board shall elect its own officers, make its own rules and regulations and keep a journal of its proceedings and provide copy thereof, to the governing body. A majority of the members shall be a quorum for the transaction of business.

(Code 1990)

The board shall meet at least once a month at a public location and shall furnish the governing body a written report of all meetings and it shall furnish an annual report as soon as possible after the conclusion of each year.

(Ord. 2810; Code 2016)

Members of the board shall serve without compensation.

(Code 1990)

It shall be the duty of the board to advise the governing body of matters concerning the care, maintenance, use, promotion, and marketing of the Anthony Municipal Lake. The board shall further recommend to the governing body the location of any additions, modifications, construction, repair, replacements, placements, and landscaping of any and all facilities, equipment, buildings, camps, docks, piers, tables, picnic areas, recreational vehicle facilities, or any items dealing with the public areas of the City lake or fundraising for the City lake, except for the public areas described in Section 13-509.

(Ord. 2810; Code 2016)

The governing body shall have the right to review the conduct, acts and decisions of the Anthony Municipal Lake Board. Any person may appear from any ruling or order from the Anthony Municipal Lake Board to the governing body which may hear the matter and make final decision.

(Code 1990)

The duties and jurisdiction of the board shall not be applicable to the Anthony Municipal Golf Club, the Anthony Gun Club, the Southern Kansas Bow hunters, or the lake leases of the cabin owners, or their properties and operations or any other property leased by the City.

(Ord. 2561, Sec. 6; Ord. 2810; Code 2016)

The following definitions shall apply when the words and phrases defined are used in this article, except when a particular context clearly requires a different meaning.

(1)   Annual - means January 1 to December 31 of the existing year.

(2)   Boat - means every description of water craft on the water, used or capable of being used as a means of transportation on water, but excepting therefore all non-wind or machinery propelled water craft that are under eight feet in length.

(3)   Boat Launching Area - shall mean an area or areas designated by the commission when boats may be launched and recovered and marked by boat launching area signs.

(4)   Boating Regulations - shall mean the regulations as set forth by resolution of the commission.

(5)   City - shall mean the City of Anthony, Harper County, Kansas.

(6)   Commission - shall mean the governing body of the City of Anthony, Harper County, Kansas.

(7)   Fire Designated Area - shall mean those areas at the lake that are posted by the city and in which fires for camping, cooking, heating and other recreational use may be started and maintained and shall be marked by signs stating “Fire Area.”

(8)   Fishing Regulations - shall mean those regulations as set forth by resolution of the commission.

(9)   Lake - means the Municipal Lake of the City of Anthony, Kansas, in Sections 11 and 14 in Township 33 South, Range 7 West of the 6th P.M. in Harper County, Kansas, and shall include such roads, buildings, structures and camp grounds thereon.

(10)            Law Enforcement Officer - means any person who by virtue of his or her office or public employment is vested by law with a duty to enforce the laws of the State of Kansas and/or the ordinances of the city of Anthony, Kansas.

(11)            License - means a permit, license or grant issued by the State of Kansas and/or the City of Anthony, Kansas.

(12)            Lessee - shall mean a person or group of persons having legal status under the laws of Kansas, that lease real estate from the city at the said lake.

(13)            Lessor - shall mean the City of Anthony, Kansas.

(14)            Mobile Camping Area - shall mean an area or areas designated by the city as camping areas for self-propelled or towed wheeled camping equipment and such areas shall be marked by signs stating “Mobile Camping Area.”

(15)            Motor Vehicle - shall mean a wheeled or tracked means of transportation of persons or property by an internal combustion engine and/or electrical power.

(16)            Non-Boating Area - shall mean an area or areas designated by the city upon or in the water of the lake where boats shall not be operated and marked by buoys and/or signs stating “No Boats.”

(17)            Non-Resident - shall mean all persons not meeting the requirement of paragraph 22 of this section.

(18)            Penalty - shall mean the sentence that may be adjusted upon conviction of a Class “C” misdemeanor as defined by K.S.A. 21-4502 and 21-4506a and amendments thereto or as set out by K.S.A. Chapter 32 and amendments thereto or the then effective traffic ordinance of the City of Anthony, Kansas, and/or those set forth in K.S.A. Chapter 8 and amendments thereto.

(19)            Person - shall mean an individual, public or private corporation, group of persons, partnership or unincorporated association.

(20)            Permanent Lake Resident - shall mean a person, family or part of a family or a person as defined in paragraph 19 of this section who shall occupy and reside in or on any lake property for the continuous period of 31 calendar days. The City of Anthony, the Anthony Golf Course and the Anthony Gun Club are hereby excepted from this definition.

(21)            Picnic Area - shall mean an area or areas designated by the city for use by persons for picnics; camping therein shall not be allowed. Such areas shall be marked by signs stating “Picnic Area.”

(22)            Resident - shall mean a person qualified to become an elector of the City of Anthony, Kansas and the minor’s residing with such persons.

(23)            Resolution - shall mean a resolution adopted by the governing body.

(24)            Wilderness Camping Area - shall mean an area or areas designated by the city for use of persons using back-pack or individual transported camping equipment and capable of being transported without mechanical methods. Such areas shall be marked by signs stating “Wilderness Camping Area.”

(Ord. 2559, Sec. 1; Ord. 2707; Code 2007)

The Anthony Municipal Lake is located approximately two miles northwest of the City of Anthony, Kansas, in sections 11 and 14 in Township 33 South Range 7 West of the 6th P.M., in Harper County, Kansas.

(Ord. 2559, Sec. 2)

All permits required by this article shall be secured from the city clerk during regular business hours. However, the city clerk may authorize an employee of the city to sell fishing licenses, boating and camping permits.

(Ord. 2559, Secs. 3,9:11; Code 2007)

Upon failure or refusal of the city clerk to issue a permit, an appeal may be made to the governing body. If the governing body decides the party or meeting will not be detrimental to the public interest, a permit shall be issued.

(Ord. 2559, Sec. 3)

(a)   Quiet Time: A period of general non-activity with minimum amount of noise of any kind between the hours of 11:00 p.m. and 6:00 a.m. of each day and night in areas of Anthony Municipal Lake open to the general public.

(b)   No parties or meeting of any kind shall be held or conducted between the hours of 11 p.m. and 6 a.m. in areas of Anthony Municipal Lake open to the general public unless a permit first shall have been obtained from the city. No charge shall be made for such permit. The permit shall be automatically issued for meetings or parties which will be adequately supervised.

(c)   A party or meeting is defined as a gathering of five or more persons for any purpose whatsoever in the area affected by this article. Proper usage of the roads in the lake area by moving traffic during the prohibited hours shall not constitute a party or meeting.

(d)   Not withstanding restrictions of section 13-102. Without parent or legal guardian supervision, all persons under the age of 18 shall have a camping permit during curfew.

(Ord. 2707; Code 2007)

Roads at or by the Anthony Municipal Lake or Anthony Municipal Lake area are defined as roads in said area located in Sections 11 and 14, in Township 33 South Range 7 West in Harper County, Kansas, as to which the city has ownership or jurisdiction.

(Ord. 2559, Sec. 4)

(a)   It shall be unlawful for any person to operate a motor vehicle at speed exceeding 5 m.p.h. in the camp area and beach area, 30 m.p.h. on the main entrance roads, and 20 m.p.h. on all other roads.

(b)   No person shall operate a motor vehicle at or on lake property except upon the public roadways, excepting therefrom the parking of motor vehicles in camping areas.

(Ord. 2559, Sec. 5; Ord. G-2602, Sec. 1)

(a)   It shall be unlawful to place trash and/or rubbish of any kind upon lake property except in designated containers.

(b)   Open fires shall be unlawful except in designated areas. No person shall burn any trash and/or rubbish on lake property, except as stated in Sections 17-513., 17-513.1 and 17-513.2. Leased cabin sites are exempted from the part of this provision relating to burning yard waste, as defined in Section 17-501.

(c)   It shall be unlawful to pollute the water of the lake or perform any act reasonably known to be likely to cause pollution of said lake, including but not limited to the dumping of cans, trash, bait, bottles on or in the lake water.

(Code 2007)

(a)   All concessions operating on the lake property shall first obtain a license and pay such fee for the same as may be established by the city.

(b)   City may refuse to issue, revoke or rescind any and all licenses issued herein.

(Ord. 2559, Sec. 7)

(a)   No hunting or trapping shall be allowed on the lake property and/or water. Fishing by bow and arrow shall be allowed subject to resolution adopted by the city commission, posted in the city office.

(b)   Firearms, air pistols, compressed air rifles and other weapons shall not be discharged or used on the lake property and/or water except for firearms on the leased lake property of the Anthony Gun Club under the regulations of the gun club.

(c)   All firearms transported on the lake property and/or water shall be transported in accordance with K.S.A. Chapter 32 and amendments thereto.

(d)   This section shall not apply to an authorized project of the city and/or the State of Kansas, for wildlife control or protection of lake property, or any law enforcement officer.

(e)   The following is adopted as an authorized project of the City for wildlife control and protection of property of the Anthony Municipal Golf Club (hereinafter “Club”): The discharge of firearms shall be allowed for the dispatch of varmints as defined by the State of Kansas which are causing damage to the property or grounds proper of the Club under the following conditions:

(1)   The only person authorized to discharge a firearm for the dispatch of varmints is the Club’s designated head groundskeeper who must:

(A)  be at least 21 years of age;

(B)   be legally qualified to possess a firearm;

(C)   have successfully passed a Kansas firearms safety program and can exhibit proof thereof unless exempted because of age;

(D)  wear a blaze orange vest or jacket while in possession of a firearm on Club grounds;

(E)   comply with all firearm safety rules of the State of Kansas.

(2)   The only firearm authorized to be discharged on Club grounds is a .410 shotgun with pellet loads. No slug loads are allowed to be discharged from the .410 shotgun.

(3)   No firearm shall be discharged:

(A)  except thirty minutes before sunrise to thirty minutes after sunset;

(B)   in a northerly or westerly direction from an area within 300 feet of the northerly and westerly boundaries of the Club grounds boundaries;

(C)   when within 200 feet of another person;

(4)   No loaded fire arm shall be transported in a golf cart or other vehicle on Club property.

(5)   Any varmints dispatched will be disposed of in a sanitary and appropriate manner. No dispatched varmint may be utilized for display, commercial or personal interests or gain.

(6)   Any person who violates any of the provisions of this article is guilty of an ordinance violation, and upon conviction, shall be punished by a fine not to exceed $500.00 or by imprisonment of not more than six months, or by both such find and imprisonment. Each day any violation thereof is found to exist or continues to exist shall be a separate offense and punishable as such hereunder.

(Code 2007; Ord. 2787; Ord. 2789; Code 2016)

Fishing regulations shall be established by resolution of the commission and said resolution shall be posted in the city office.

(a)   This section shall not apply to an approved management program of the State of Kansas and/or the city and their agents and employees.

(b)   Conviction of the violation of this section may result in revocation of the offender’s license to so fish.

(Ord. 2559, Sec. 9; Code 2007)

Boating regulations, fees, permits shall be established by resolution of the commission and said resolution shall be posted in the office of the city clerk.

(a)   The city shall have the right to waive any regulations upon approval by the commission.

(b)   This section shall not apply to boats of the State of Kansas or city or boats under the control of their agents and/or employees.

(c)   Boating permits shall be secured from the city clerk. The clerk may authorize an employee of the city to sell said permits.

(Ord. 2559, Sec. 10; Code 2007)

Camping regulations, permits, fees shall be established by resolution of the commission and said resolution shall be posted in the office of the city clerk. Payment is due in full at the self-pay station at the lake within hour after occupying and camping site.

(a)   All camping shall be in designated areas only. Only legally tagged operational vehicles, camper tents and tent campers can occupy camping stalls in Campsites A, B, C, and D. Mobile camping areas will be available to all campers. Wilderness camping areas shall be used only for tents, lean-to type or no shelter camping. Vehicles shall not be allowed closer than the parking provided for users of such camping area.

(b)   Use of generators to produce electricity is prohibited 11:00 p.m. to 6:00 a.m. at Campsites A, B, C, and D.

(c)   Camping permits shall be secured from the city clerk. The clerk may authorize an employee of the city to sell the permits.

(Ord. 2707; Code 2007)

(a)   The city may lease real estate at the lake on such terms and conditions as the city may determine and include the same in said lease or leases subject to the conditions and fees established by resolution of the commission and said resolution shall be posted in the office of the city clerk.

(b)   No lease shall be assigned, sold or transferred without the approval by majority vote of the commissioners.

(c)   The city shall have the right to revoke, cancel or rescind any and all leases upon violation of any terms of said lease or at the termination of said lease may refuse to renew said lease to said lessee.

(d)   Any person occupying any property of the city shall, upon request of any law enforcement officer, give evidence of such right or lease or permit to so use the said property.

(e)   All leases, agreements and permits shall be subject to this article.

(f)    The outside storage of items or vehicles not compatible with a recreational area is prohibited.

(g)   Construction or maintenance of a building on lake lease sites shall conform to all of the provisions of Chapter IV, Articles two through 10.

(h)   Construction or maintenance on lake lease sites shall conform to all provisions of Sanitary Sewage Disposal Rules and Regulations Anthony City Lake as adopted by resolution by the city. The resolution and Sanitary Sewage Disposal Rules and Regulations Anthony City Lake will be on file at the city offices.

(Ord. 2559, Secs. 12,19; Ord. G-2602, Sec. 1; Code 1985; Ord. 2642, Sec. 1)

No life guard is on duty at the lake. Any persons swimming in the lake shall do so at their own risk.

(Ord. 2584, Sec. 1)

(a)   All persons using the land and/or water or roadways of said lake shall obey all laws of the State of Kansas, the ordinances, resolutions, and city code. Violation of the same may result upon conviction, in sentence as set out in paragraph 18 of section 13-510 of this article and revoking of said lease, permit or license or any combination thereof. A $50.00 fine and court costs will be imposed if Anthony City Lake permit information is not completed as regarded herein.

(b)   The code of procedure for municipal courts as set forth in K.S.A. 12-4101 et seq. and amendments thereto, shall be in effect for violation of this article.

(c)   All violations of the provisions of this article or code, which occur at Municipal Lake shall be prosecuted through municipal court.

(Ord. 2707; Code 2007)

(a)   An appeal from the municipal court of the city, may be taken to the district court in Harper County, Kansas, by the following:

(1)   the accused person in all cases, and

(2)   the city upon question of law.

(b)   An appeal to the district court may be taken as provided in K.S.A. 1977 Supp. 22-3609 and amendments thereto. The appearance bond may continue in effect throughout the appeal, however, the municipal judge may require a separate appeal bond. Hearing an appeal shall be as provided in K.S.A. 22-3610 and 22-3611 and amendments thereto.

(Code 2007)

(a)   Whenever the governing body of the city finds that an emergency exists by reason of a potential health or safety risk to persons in or on Anthony Municipal Lake, it shall be empowered to declare by resolution that a health and safety emergency exists and that the use of vessels on and personal contact with the water of Anthony Municipal Lake during the period of the emergency be prohibited. Such an emergency shall be deemed to continue until it is declared by resolution of the governing body-to have ended. The· resolutions declaring the existence and end of a health and safety emergency shall be effective upon their publication in the official city newspaper.

(b)   Uses prohibited. The following are prohibited when there is a declaration of a health and safety emergency:

(1)   Upon the declaration of a health and safety emergency as provided in Section 13-527(a), it shall be unlawful for any person to use any type of vessel as defined by K.S.A. 32-1102(a) on the waters of Anthony Municipal Lake.

(2)   Upon the declaration of a health and safety emergency as provided in Section 13-527(a), it shall be unlawful for any person to have contact with the water of Anthony Municipal Lake by swimming, wading, bathing or other such activity.

(c)   Notices. During the effective period of any health and safety emergency as provided for in Section 13-527(a), City’s Safety Officer shall conspicuously post notices of such emergency and acts prohibited during such emergency at all public entrances to Anthony Municipal Lake.

(d)   Violations and penalties. Violation of this section shall be a municipal offense and may be prosecuted in municipal court. Any person so charged and found guilty in municipal court of violating the provisions of this section shall be guilty of a municipal offense. The penalty for an initial violation shall be a mandatory fine of not less than $100. The penalty for a second or subsequent conviction shall be a mandatory fine of not less than $200. In addition, the violator shall be ordered to pay the court costs in each case.

(e)   During the effective period of any health and safety emergency as provided for in Section 13-527 (a), the provisions hereof shall take precedence over and supersede all other provisions of the Anthony City Code pertaining to the Anthony Municipal Lake.

(Ord. 2797; Code 2016)