DIRECTOR — The City of Paola Public Works Director acting directly or through his authorized agent.

MOTORIZED VEHICLE — Any motorized conveyance including but not limited to: cars, trucks, motorcycles, tractors, farm machinery, four-by-fours, golf carts, minibikes, dune buggies, all-terrain vehicles (ATVs), or snowmobiles. This shall not include motorized wheelchairs.

NON-MOTORIZED VEHICLE — Any non-motorized conveyance including: bicycles, roller blades, roller skis, skate boards, strollers, tricycles, unicycles, wagons, wheelchairs, and motorized wheelchairs.

PERSON — Any individual, partnership, corporation or association.

PAOLA PATHWAYS RECREATION TRAIL; RECREATION TRAIL; TRAIL — Any City of Paola trail so designated by separate resolution of the Governing Body.

(Prior Code 2016 §220.380; Ord. 3080; Code 2021)

(a)   Recreation trails shall be open year round. Recreational trails located within the boundaries of any City Park shall be closed between the hours of 12:00 midnight to 5:00 a.m. daily.

(b)   Exceptions. Trails may be closed at any time for any reason deemed advisable by order of the Director, by order of the Governing Body, or to accommodate an approved community event pursuant to Chapter 12, Article 7 of this code.

(Prior Code 2016 §220.390; Ord. 3080; Code 2021)

The public, at its own risk, shall be permitted the lawful, sanitary, safe, and orderly use of the Paola Pathways Recreational Trail for various activities of a recreational nature as herein provided.

(Prior Code 2016 §220.400; Ord. 3080; Code 2021)

(a)   In general, and subject to the limitations imposed by this Article and other duly enacted statutes, rules and ordinances, or unless specifically prohibited by the Director, trails may be used for the following forms of non-motorized recreation: walking, hiking, jogging, running, cycling, roller blading, skate boarding, cross country skiing and snow shoeing.

(b)   Motorized vehicles may not be driven on, over, or across the trails at any time.

(c)   Trail signs shall be obeyed at all times.

(Prior Code 2016 §220.410; Ord. 3080; Code 2021)

(a)   Pets will be allowed on trails. All pets shall be attended and effectively restrained by a leash not exceeding eight (8) feet in length. Such pets shall not be permitted to deprive or disrupt the enjoyment or use of any area by another person. Pet owners are responsible for cleaning up any droppings left by their pet.

(b)   Horses, mules, or other similar animals, are not permitted on trails.

(Prior Code 2016 §220.420; Ord. 3080; Code 2021)

(a)   No firearm, bow and arrow, nor any weapon, shall be discharged within, into, over or across the trail at any time.

(b)   No manner of animal trap shall be set within the trail.

(Prior Code 2016 §220.430; Ord. 3080; Code 2021)

(a)   No person shall disturb, destroy, injure, damage, or remove any property within trails including but not limited to vegetation, ruins, wildlife, geological formations, signs, or facilities, except edible fruit, fungi, and wild animals legally taken under Section 12-304 of this Article, and vegetation unavoidably damaged or destroyed by the ordinary use of the trail specifically permitted by this Article. Collections for scientific and educational purposes may be taken after obtaining a permit from the Director.

(b)   Refuse. No person shall burn or dispose of garbage, refuse, litter, or trash within a trail. If an appropriate receptacle has not been provided, the person who brought the item into the trail must haul it away for proper disposal.

(Prior Code 2016 §220.440; Ord. 3080; Code 2021)

(a)   It shall be unlawful for any person to engage in or solicit business of any nature whatsoever within a recreation trail.

(b)   The placing of advertising, decoration, or other device on the trail is prohibited without authorization from the Director.

(Prior Code 2016 §220.450; Ord. 3080; Code 2021)

(a)   The recreational trails may be used for community events by permit pursuant to Chapter 605 of the Municipal Code.

(b)   A person to whom a permit is issued shall be liable for any loss or damage to trail property.

(c)   The Director shall have the authority to revoke any permit or reservation upon his finding a violation of any rule or ordinance, or upon good cause shown.

(d)   The Director may refuse any permit, when in the Director’s judgment, it is in the best interest of the trail system.

(Prior Code 2016 §220.460; Ord. 3080; Code 2021)

(a)   Penalty. Any person who violates any of the provisions of this Article, or who fails or refuses to comply with the provisions of this Article shall be guilty of a misdemeanor, and upon conviction thereof, shall be fined any sum not exceeding seven hundred dollars ($700.00) or imprisonment not to exceed ninety (90) days, or both so fined and imprisoned.

(b)   It shall be the duty of the Director, and other such employees as the City may designate, and the Paola Police Department, to enforce the provisions of this Article.

(c)   Nothing in this Article shall prevent employees of the City, County, State or Federal Governments, emergency service providers, approved contractors, or agents of the City of Paola from performing their assigned duties.

(Prior Code 2016 §220.470; Ord. 3080; Code 2021)

Where no other penalty is specified, any person violating any of the provisions of this article shall upon conviction thereof be fined any sum not exceeding three hundred dollars ($300.00) or imprisoned not to exceed thirty (30) days, or be both so fined and imprisoned.

(Prior Code 2016 §220.480; Ord. 3080; Code 2021)