Chapter 12 · Public Property

Article 2. Miola Lake

Sections 12-201 to 12-232 · 32 sections

12-201 Park and Lake Recreational Purposes; Conflicting With Water System.

Miola Park and Miola Lake are hereby declared to be dedicated to park and recreational purposes incidental thereto, as provided by Section 14-2001, Kansas Statutes Annotated, insofar as the said uses are not in conflict with the use by said City of said lake as a municipal water supply system.

(Prior Code 2016 §220.070; Code 2021)

12-202 City Reserves Right To Close Lake or To Block Entrances.

The lake may be closed at any time for any reason deemed advisable by the Governing Body of the City and the boat licenses herein authorized are conditioned thereon. The Governing Body of the City reserves the right to block all entrances into Miola Park or any part thereof for the purpose of collecting admissions for any events staged at said Miola Park or Lake by the City or any organizations having the approval of said City to charge admission.

(Prior Code 2016 §220.080; Code 2021)

12-203 Lake and Park For Public Use; Personal Risk.

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

(Prior Code 2016 §220.090; Code 2021)

12-204 Lake Miola Fee Schedule.

All fee schedules referenced in this article shall be posted at the Lake Miola caretaker’s house and kept on file with the City Clerk where they shall be available for public inspection during regular business hours. The Lake Miola fee schedule may, from time to time, be revised by a motion of the City Council without publication of such schedules.

(Prior Code 2016 §220.095; Code 2021)

12-205 Camping Regulations.

Any persons, or groups of persons, may use the designated public camping grounds in a manner specified by the lake Caretaker provided said person, persons, or groups observe all general rules and regulations concerning Lake Miola and said public lands. The Lake Miola Campground will close November 1 until April 1, no camping will be allowed during this time.

(a)Any camping unit occupying a designated electrical or full hook-up site shall pay a daily electrical fee whether connected to electricity or not.

(b)Fees shall cover any camping device or vehicle that in the opinion of the lake caretaker shall be classified as a “camper, camper trailer, camping truck or tent.”

(1)From Memorial Day until Labor Day, all campers and camping devices are limited to a stay of not more than fourteen (14) consecutive days. A five (5) day absence is required before returning to the park to camp.

(2)Camping reservations outside of the Memorial Day to Labor Day timeframe are subject to the fourteen (14) consecutive day stay, but may move to another site in the campground. Campers cannot return to the original campsite for a minimum of five (5) days.

(3)The penalty imposed for violation of these stay restrictions shall be $50.00 dollars per day of violation in addition to the camping fees.

(c)Camping Fees shall be charged for each camping device. No more than two (2) camping devices, only one of which can be wheeled, are allowed at each camp site.

(d)Campsite reservations are assigned on a first come, first serve basis.

(e)Camping is not allowed anywhere in Miola Park that is outside of the designated camping grounds on the west side of Miola Lake. The lower area of the campgrounds will be reserved for RV and camper trailers only, tents will be allowed only when they are accompanied by a RV or camper trailer. Tents are not permitted to reserve RV and camper trailer sites. The upper area of the campgrounds will be reserved for tent-only camping, no RV or camper trailer will be allowed in that area.

(f)All campsites must be kept well maintained to not cause a nuisance to the neighboring campers, or the campgrounds. All trash/animal waste/personal items, etc. must be removed from the campsite by the guest during their departure. A $50.00 cleaning fee may be imposed for campsite cleanup.

(g)Any camp site, camping device, or personal property that is left unattended after the reservation has ended for 48 hours will be considered “abandoned”. Any “abandoned” camping device or personal property will be relocated and held for 72 hours then disposed of. The person of said property will be notified within 24 hours of abandonment and will have 24 hours from that notification to get said property until it is relocated. A $50.00 penalty will be assessed to the reservation holder for cleaning up the “abandoned” property, and guests will not be allowed to utilize the campsite for the rest of the camping season.

(h)With prior approval by the City Clerk, recognized non-profit organizations may use such camping grounds without paying the camping fee or may camp in an area outside of the camping grounds provided that they observe the general rules and regulations of Lake Miola.

(i)It shall be unlawful for any person to keep or harbor, within the corporate limits of this City any dog or dogs which are in the habit of barking, howling by day or night, and disturbing the peace and quiet of any person or family. Valid complaints will result in requesting the guest remove the animal from the campgrounds, or the guest may be issued a citation by the Paola Police Department.

(j)Animals may not be secured to any permanent park fixtures i.e. trees, picnic tables, utility structures etc. Campers may utilize a ground stake to secure their animals on their campsite.

(Prior Code 2016 §220.100; Ord. 3093; Ord. 3111; Ord. 3170; Code 2021; Ord. 3219; Ord. 3227)

12-206 Migratory Waterfowl.

(a)Definition. Any species of birds commonly known as swans, geese, brants, river and sea ducks and any other waterfowl falling under the jurisdiction of the Kansas Department of Wildlife and Parks or otherwise defined by the City Council as migratory waterfowl.

(b)Feeding Prohibited. No person shall feed any migratory waterfowl, create any conditions or allow any condition to exist, which results in a congregation or congestion of waterfowl which:

(1)Results in an accumulation of waterfowl feces or droppings;

(2)Results in damage to flora, fauna, public or private property;

(3)Results in a threat to the public health, safety or welfare; or

(4)Results in a threat to the health, safety or welfare of migratory waterfowl.

(Prior Code 2016 §220.105; Code 2021)

12-207 Soliciting Prohibited.

No person, firm or corporation or their representative shall engage in or solicit any business in Miola Park without permission from the Governing Body of said City.

(Prior Code 2016 §220.110; Code 2021)

12-208 Rubbish Containers.

Rubbish of any kind shall be placed in cans provided by the City.

(Prior Code 2016 §220.110; Code 2021)

12-209 Pollution of Water Prohibited.

Any act which will pollute the water in Lake Miola is prohibited. Any recreational vehicles manufactured with a “holding tank” shall retain all waste water including water from sink and shower drains in said holding tanks and dispose of same only in proper dumping stations provided for that purpose.

(Prior Code 2016 §220.130; Code 2021)

12-210 Swimming.

(a)Swimming or wading is restricted to the area designated as the swimming area on the Official Map and within twenty-five (25) feet of an anchored watercraft in a no wake area. Swimming shall be limited to daylight hours. The swimming areas shall be vacated when the light next to the boat ramp closest to the caretaker’s house is on. The use of the lake for swimming in any other area is prohibited.

(b)Pets are not allowed in the sand beach area, all pets must be kept in the grass area above sand beach and kept on a leash at all times.

(c)Glass containers of any kind are not allowed in beach area.

(Prior Code 2016 §220.140; Code 2021)

12-211 Alcoholic and Cereal Malt Beverages.

(a)Sections 3-104 and 3-219 prohibiting the possession and consumption of alcoholic beverages and cereal malt beverages in public shall not apply to the public areas of Miola Park and Miola Lake. Excepting that no one shall possess or consume alcoholic beverages or cereal malt beverages in the sand beach area(s) and designated swimming area(s) at Miola Park and Miola Lake.

(b)Any person violating any of the provisions of this Section 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 §220.145; Ord. 3016; Code 2021)

12-212 Annual Fees, Permits and Licenses.

All annual fees, permits and licenses shall be effective from January first (1st) to December thirty-first (31st) of each year. The cost of all annual fees, permits and licenses shall be the full annual amount whether purchased for the full year or a fraction thereof. The payment of an annual fee, permit or license does not entitle the payor to any preferential use of Lake Miola’s facilities since all use is on a first come first serve basis.

(Prior Code 2016 §220.150; Code 2021)

12-213 License Fees To Be Placed in The General Fund.

All license fees collected under any provisions of this Article shall be placed in the General Fund of the City.

(Prior Code 2016 §220.160; Code 2021)

12-214 Boat (Vessel) Licenses Are Required.

It shall be unlawful to keep, have or maintain any boat upon Miola Lake unless duly licensed. All boats must be registered with the caretaker’s office. Boats shall include any craft suitable for use on the lake including personal watercraft. “Personal watercraft” means a vessel which uses an inboard motor powering a jet pump as its primary source of propulsion and which is designed to be operated by a person sitting, standing or kneeling on the vessel rather than the conventional manner of sitting, standing or kneeling inside the vessel.

(Prior Code 2016 §220.170; Code 2021)

12-215 Persons Using Lake Do So At Their Own Risk.

All persons using the lake for recreational purposes do so entirely at their own risk and are warned that there are many shoals, rocks, stumps and logs, both floating and submerged, and other refuse in the lake and that the City does not maintain it for boating purposes nor represent that it is safe to use boats thereon.

(Prior Code 2016 §220.180; Code 2021)

12-216 Permit.

Persons desiring to keep, have and maintain any boat upon the lake shall make application for that privilege to the caretaker upon the premises in writing stating: The name of the boat owner, the type, size, capacity, condition, a general description of the boat and accompany the application with proof that the boat complies with the requirements of this Article. The City shall issue such boat license to any person showing himself/herself entitled thereto and assign to him/her an annual boat sticker. This sticker will be of contrasting colors one (1) color for fishing and one (1) for general boating, (fishing, skiing, tubing or wake boarding or pleasure boating). All motorboats requiring numbering by State law shall be registered with the Kansas Forestry, Fish and Game Commission prior to their operation on the lake and the number awarded to such registered motorboat or granted reciprocity by the said Commission. The annual City sticker shall be placed on both sides of the boat in front of the KA number issued by the State.

(Prior Code 2016 §220.190; Code 2021)

12-217 License Fee.

Licenses and fees at Lake Miola are identified on the Lake Miola fee schedule and licenses will expire on December thirty-first (31st) of each year, with the exception of lease fees for water space for private boat docks which expire on May thirty-first (31st) of each year. License fees shall be the same amount whether for a full year or fraction thereof.

(Prior Code 2016 §220.200; Code 2021)

12-218 Licenses Not Transferable.

The boat licenses shall not be transferable or refundable. No fractional year licenses are authorized.

(Prior Code 2016 §220.210; Code 2021)

12-219 Equipment Shall Be Operated in A Safe Manner.

(a)The license holders shall operate their equipment in a safe manner at a reasonable speed considering the conditions. Each person shall operate any boat or personal watercraft at no wake speeds of five (5) miles per hour or less when within one hundred (100) feet of:

(1)A no wake zone;

(2)A dock;

(3)A boat ramp;

(4)A person swimming;

(5)A moored or anchored vessel;

(6)A non-motorized watercraft;

(7)A skier.

(8)A fisherman or fishing boat.

(b)Each person shall operate a personal watercraft in a reasonable and prudent manner. Maneuvers which unreasonable or unnecessarily endanger life, limb or property shall be prohibited. This includes weaving through congested vessel traffic or jumping the wake produced by another vessel at an unsafe distance or circling another vessel. No boat shall be loaded with passengers beyond its safe carrying capacity.

(Prior Code 2016 §220.230; Code 2021)

12-220 Life Preservers.

Each boat when in use shall carry as many adequate and sufficient life preservers as there are persons in the boat. Provided that no child twelve (12) years of age or under shall ride in a boat without wearing a life preserver. Provided further that each person operating or riding upon a personal watercraft shall wear an adequate life preserver regardless of age. All skiers, surf boarders or disc riders shall wear U.S. Coast Guard approved life preservers.

(Prior Code 2016 §220.240; Code 2021)

12-221 Lighting of Boats.

When in use on the lake between dusk and dawn, each motorboat over ten (10) horsepower shall display one (1) white light and a red light on the left and a green light on the right at the bow. Other boats shall display a white light. All lights must be plainly visible for a distance of three hundred (300) feet. Personal watercraft are prohibited from operating on the lake between sunset and sunrise.

(Prior Code 2016 §220.250; Code 2021)

12-222 Operation of Boats.

Boats operation on the lake shall not cross buoy lines or come within one hundred (100) feet of shore in excess of ten (10) miles per hour. Boat operators shall not annoy fishermen. The speed of boats shall be reduced to ten (10) miles per hour or less when the pole light next to the boat ramp closest to the caretaker’s house is on. All watercraft will move in a counter-clockwise pattern from the boat ramp.

(Prior Code 2016 §220.260; Code 2021)

12-223 Storage of Boats, Boat Parts, and Boat Trailers Prohibited.

(a)It shall be unlawful to store boats, boat parts, or boat trailers in any undesignated area at Miola Park. For the purpose of this section, boats shall include all watercraft. Boat trailers attached and unattached are allowed in designated trailer parking areas only as shown on the official map.

(b)No person shall store more than two (2) devices in the designated areas. Allowed devices include boats, boat trailers, wheeled camping devices, enclosed trailers, utility trailers, and vehicles. A vehicle with an attached trailer is to be considered one device.

(c)A limit of forty-eight (48) hours shall be imposed on storage of boats\trailers in the boat ramp trailer parking area.

(d)Only campground residents with a valid camping permit are allowed to park devices in the trailer parking area adjacent to the campgrounds. Upon completion of a permitted stay, campground residents must remove all personal property from the trailer parking area.

(e)The penalty imposed for violation of this section shall be fifty dollars ($50) per day.

(Prior Code 2016 §220.270; Ord. 3096; Code 2021; Ord. 3227; Ord. 3245)

12-224 Loading and Unloading of Boats.

All trailered watercraft shall be unloaded and loaded at the boat ramp east of the caretaker’s house. The ramp shall be kept clear of obstructions except when loading and unloading boats. All loading and unloading shall be at the operator’s own risk.

(Prior Code 2016 §220.280; Code 2021)

12-225 Obstructions.

No person shall anchor a boat in such a position as to obstruct a passageway ordinarily used by other boats. No boat shall be moored or tied to the no wake or marker buoy at any time. Boat trailers attached and unattached are allowed only in designated trailer parking areas.

(Prior Code 2016 §220.290; Code 2021)

12-226 Influence of Intoxicating Liquor, Etc., Prohibited By Operator of Boat.

It shall be unlawful for any person who is under the influence of intoxicating liquor or controlled substance as defined in K.S.A. Chapter 65 Article 41 or any person who is an habitual user of same to operate a boat on the lake. It shall be unlawful for any person having charge of a boat to authorize or knowingly permit the same to be operated by any person who is under the influence of intoxicating liquor, narcotic drugs or barbital or any person who is an habitual user of same.

(Prior Code 2016 §220.300; Code 2021)

12-227 Types of Boats and Flotation Devices and Equipment Prohibited.

(a)Houseboats are expressly prohibited. “Houseboats” shall include any boats with toilet facilities.

(b)The use of barrels, drums and any other device not originally manufactured for use as a flotation device is expressly prohibited.

(Prior Code 2016 §220.310; Code 2021)

12-228 Private Boat Docks Construction Standard For Docks At Lake Miola

(a)Private boat docks are to be of the floating type only. There shall be a lease fee for water space for a private boat dock as established in the Lake Miola fee schedule. All private boat dock permits shall expire on May thirty-first (31st) in the following year of issuance. Private boat docks may be constructed by lease holders and permits shall be issued upon request for construction, alterations or removal of existing docks upon approval of the Building Inspector and the City. Upon termination of any water space lease, the lease holder shall remove his/her boat dock from the lake and if not removed within ten (10) days after termination, the dock shall become City property. The City reserves the right to revoke any water space lease and to remove the associated dock from the lake when said dock becomes unsafe and detrimental to Lake Miola. If a private dock does not meet City standards, a new lease will not be issued. No dock may be transferred or sold unless all steps in the Lake Miola Dock Ownership Policy have been followed.

Construction Standard For Docks At Lake Miola

(1)Any plans to construct, alter, modify or remove a private boat dock shall be approved by the Building Inspector and a permit shall be issued for such work, repair or improvement. All plans or slip areas shall be confined to the area specified in the Lake Miola water space lease agreement.

(2)All private boat docks are to be of the flotation type only. All dock flotation devices shall be approved by the Building Inspector. Flotation shall be encapsulated foam, a flotation device encased in plastic. All docks shall meet this requirement by June 1, 2010.

(3)All wood materials or dock components shall be pressure treated.

(4)All boat docks shall be anchored at base and at the end of the dock.

(5)No dock shall extend more than sixty-five (65) feet from shore line.

(6)Dock entry (catwalk), tees (fore and bow stop) and slip walks shall be no less than thirty-six (36) inches wide. All docks shall have a handrail and guard system on one (1) side of the entry (catwalk). The handrail shall be of substantial design and plans must be approved by the Building Inspector before construction.

(7)Any dock wider than forty-two (42) inches shall have an entry or catwalk handrail on both sides.

(8)Any tire used as a bumper cannot be a whole tire and should not touch the water.

(9)All shore line areas adjacent to the water space described in the lease agreement shall be kept clear of all brush, weeds, rubbish and grass overgrowth by the lessee named in the Lake Miola water space lease agreement.

(10)All docks must be kept in good repair or otherwise maintained in compliance with the provisions of this Section and the terms set forth in the Lake Miola water space lease agreement.

(Prior Code 2016 §220.320; Code 2021)

12-229 Fishing Licenses Required.

A valid fishing license issued by the State of Kansas shall be required of any person who is fishing at Miola Lake.

(Prior Code 2016 §220.330; Code 2021)

12-230 State of Kansas Fishing License Not Required; When.

A valid fishing license issued by the State of Kansas is not required for any person exempted under Kansas Wildlife, Parks and Tourism license/permit regulations.

(Prior Code 2016 §220.350; Ord. 3093; Code 2021)

12-231 Fish With Pole or Rod Only and Removal of Certain Fish From Miola Lake.

(a)It shall be unlawful to fish in the lake except with pole or rod and line and it shall be unlawful for any person to use, operate or have set at any one time more than two (2) poles or rods and lines, unless they obtain a third (3rd) pole license from State of Kansas Wildlife and Parks. No trot lines, throw nets or limb lines allowed.

(b)Species length limits and creel limits shall be as posted.

(c)It shall be unlawful to exceed the creel limit and possession limit of all species of fish as set forth in the Kansas fishing regulations.

(Prior Code 2016 §220.360; Code 2021)

12-232 Penalty.

Any person, firm, partnership or corporation violating any of the provisions of this Article may, upon conviction thereof, be fined in any sum not exceeding three hundred dollars ($300.00) and, in addition thereto, any license herein authorized by the aforesaid Sections of this Article may be suspended without refund for the balance of the term of said license and may be denied the right to use or apply for a license upon said lake for a period not exceeding two (2) years, or by both such fine, loss of license and privilege.

(Prior Code 2016 §220.370; Code 2021)