ORDINANCE NO. 24-03
AN ORDINANCE PERTAINING TO PARKS AND RECREATION, AMENDING SECTIONS 18-1, 18-5, 18-7 AND 18-8; ADOPTING SECTIONS 18-9, 18-10, 18-11, 18-12 AND 18-13; AND REPEALING SECTIONS 18-122, 18-123, 18-125, 18-126, 18-127 AND 18-128 OF THE CODE OF THE CITY OF EMPORIA, KANSAS.
BE IT ORDAINED by the Governing Body of the City of Emporia, Kansas:
Section 1. That Section 18-1 of the Code of the City of Emporia, Kansas, is hereby amended to read as follows:
“
Application of city ordinances. All ordinances of the city shall be in full force and effect in and over all the parks and public grounds of the city, whether such parks and public grounds are situated within the city or are located beyond the boundaries of the city. All persons upon the grounds of any city park shall obey all posted rules.
(Code 1962, § 13-101; Ord. 24-03 § 1, 2-7-2024)”
Section 2. That Section 18-5 of the Code of the City of Emporia, Kansas, is hereby amended to read as follows:
“
Trucks. It shall be unlawful for any person to operate a truck, track tractor or any other vehicle having a gross weight when loaded or unloaded exceeding eight thousand (8,000) pounds in any public park having roadways surfaced with any material other than gravel or dirt without consent of the City.
(Ord. 571, § 1, 10-4-72; Ord. 24-03 § 2, 2-7-2024)”
Section 3. That Section 18-7 of the Code of the City of Emporia, Kansas, is hereby amended to read as follows:
“
Closing hours. All city parks except White Memorial Park shall be closed to the public between the hours of 11:00 p.m. and 6:00 a.m. The city manager or designee may authorize camping or private events to be held in city parks during the hours in which the parks are closed to the public. Any unauthorized person who shall be within any of the foregoing parks and public grounds when the same are closed to the public, shall be guilty of a misdemeanor.
(Code 1962, § 13-106; Ord. 24-03 § 3, 2-7-2024)”
Section 4. That Section 18-8 of the Code of the City of Emporia, Kansas, is hereby amended to read as follows:
“Tobacco And Smoking.
(a) It shall be unlawful for any person to use any form of tobacco product or electronic cigarette in the David Traylor Zoo, in any playground in any city park, or within twenty (20) feet of such playgrounds. The distance of twenty (20) feet shall be measured from any clearly defined perimeter of such area, including but not limited to nets, fencing, play surface edge, and mulch bed edging.
(b) Any person found to be in violation of this section shall be subject to immediate ejection from the city park or zoo.
(c) “Playground” shall be defined as any section of a city park having children's play equipment, sports courts, ball diamonds, pools, or splash pads. Golf courses and disc golf courses are not included within the definition of playground under this section.
(d) “Tobacco product” shall be defined as any product containing, made, or derived from tobacco or containing nicotine.
(e) “Electronic cigarette” shall be defined as any device that produces a smoke, mist, vapor, or aerosol whether or not it is a tobacco product, with the exception of medical devices, such as nebulizers.
(Ord. 18-14, § 1, 3-21-2018; Ord. 24-03 § 4, 2-7-2024)”
Section 5. That Section 18-9 of the Code of the City of Emporia, Kansas, is hereby adopted to read as follows:
“Firearms And Hunting. It shall be unlawful to discharge firearms or to hunt in any city park.
(Ord. 369, § 5, 6-5-1968; Ord. 24-03 § 5, 2-7-2024)”
Section 6. That Section 18-10 of the Code of the City of Emporia, Kansas, is hereby adopted to read as follows:
“Dogs. Owners and handlers of dogs remain subject to all city ordinances while in city parks, including the prohibition against nuisance animals and animals running at large. Owners and handlers of dogs inside dog parks are subject to rules posted at dog parks.
(Ord. 24-03 § 6, 2-7-2024)”
Section 7. That Section 18-11 of the Code of the City of Emporia, Kansas, is hereby adopted to read as follows:
“Boats. It shall be unlawful to keep, have, maintain, or operate any boat or raft upon any body of water in a city park.
(Ord. 369, § 2, 6-5-1968; Ord. 24-03 § 7, 2-7-2024)”
Section 8. That Section 18-12 of the Code of the City of Emporia, Kansas, is hereby adopted to read as follows:
“Swimming. It shall be unlawful for any person to swim in or upon any body of water in a city park.
(Ord. 369, § 3, 6-5-1968; Ord. 24-03 § 8, 2-7-2024)”
Section 9. That Section 18-13 of the Code of the City of Emporia, Kansas, is hereby adopted to read as follows:
(Ord. 369, § 1, 6-5-1968; Ord. 24-03 § 9, 2-7-2024)”
Section 10. That Sections 18-1, 18-5, 18-7 and 18-8 of the Code of the City of Emporia, Kansas as they existed prior to the adoption of this ordinance are hereby repealed.
Section 11. That Section 18-122, 18-123, 18-125, 18-126, 18-127, and 18-128 of the Code of the City of Emporia, Kansas, are hereby repealed.
Section 12. This ordinance shall take effect upon its publication in the official City newspaper.
Section 13. The provisions of this ordinance shall be included and incorporated in the Code of Ordinances of the City of Emporia, Kansas as an addition or amendment thereto and shall be appropriately renumbered to conform to the uniform numbering system of the Code.
PASSED AND APPROVED by the Governing Body of the City of Emporia, Kansas, this 7th day of February 2024.
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Danny Giefer, Mayor
ATTEST:
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Kerry Sull, City Clerk