(a) Fees.
(1) (a) The following fees for fishing, camping and boating at Polk Daniels Lake shall be set by Council from time to time.
(b) Permits shall be available at the office of the City Clerk and at such other locations in the city as may be designated by the City Council.
(c) Persons convicted of violations of any provision of this city regulating the use of Polk Daniels Lake shall be subject to a fine of $30 per violation.
(2) All children under 16 years of age may fish in said lake without license, providing said child is accompanied by an adult.
(3) All license holders shall carry their said licenses upon their person when upon the lake and shall display them to any officer of said city, or to any state fish and game official upon demand.
(4) It shall be unlawful for any person under 16 years of age to fish or go upon said lake property or go upon or near water edge of said lake unless accompanied by an adult person.
(5) Licenses issued may be used only upon the day for which issued.
(6) It shall be unlawful for the holder of a license to fish to alter, loan or transfer said license, and any person violating this provision shall be subject to having his or her license revoked. Upon the revocation of a license for any of the above causes, a new license shall not be issued until the expiration of one year from the date of the revocation.
(b) Rules for fishing.
(1) It shall be unlawful to fish in said lake except with a pole or rod and line. It shall be unlawful for any person to use, operate or have set at any one time more than two poles or rods and lines or to have more than two hooks on any line. It shall be unlawful to have set, use or operate any trot line, float line, limb line or bank line. Fishing from the dam is prohibited. When fishing from the shore, it shall be unlawful to use a boat, raft, vessel, swimmer or any mechanical device other than a casting rod or fishing pole to propel fishing tackle, bait, lures or other fishing equipment into the lake.
(2) The size limit and creel limit of fish that may be caught and removed from the lake in any one day shall conform to state law or regulations adopted by the Kansas Forestry, Fish and Game Commission.
(3) The dumping of minnows or any other kind of bait in the lake is prohibited.
(4) Fishing is prohibited on said lake except on Tuesday, Thursday, Saturday and Sunday of each week, and on legal holidays, between sunrise and 10:00 p.m.
(5) The governing body of the city shall have power to make other rules and regulations governing the fishing in said lake as may be necessary and proper from time to time. The caretaker of Polk Daniels Lake is hereby vested with full power and authority to enforce all such rules and regulations.
(c) Watercraft licenses and license fees.
(1) A license shall be required for each craft and for each operator of such craft. A license shall be required for each motor used to operate a licensed craft. It shall be unlawful to use any unlicensed motor upon said lake or to use any licensed motor upon any unlicensed craft. It shall be unlawful for any craft to be operated on said lake unless a license holder is an occupant of the craft; provided, however, that members of a boat license holder’s family shall be entitled to the same privileges as the license holder himself or herself.
(2) All applications for licenses shall be made in writing and the application shall state the name, or names of the owner, the make, size and type of boat or motor for which license is requested, which application shall be accompanied by the payment in cash of the license fee hereinafter set forth.
(3) No person under the age of 16 years shall be issued a license under this division (c), and no person under the age of 16 years shall operate a craft on said lake unless accompanied by the holder of a legally issued and legal license.
(4) The license fee for each boat used for fishing and not for hire shall be $3 per year. A boat license good for one day may be issued for fishing only by the City Clerk or caretaker upon the payment of a fee of $0.50. The license fee for each boat used for skiing, surfboard riding or similar activities, and not for hire, is $10 per year. Said boat may be operated by any qualified operator at no additional expense to the boat owner or operator. No motor license fee shall be required to use a motor strictly for fishing.
(5) All licenses issued under this division (c) shall expire on December 31 following the date of issuance of said license, except that the licenses issued for one day may be used only upon the day for which the same was originally issued.
(6) No license issued hereunder shall be transferable. It shall be a violation of the provisions of this section for any operator of a craft to rent, collect fares or take donations for the use of his or her craft.
(d) Watercraft rules and regulations. All license holders shall operate their craft in accordance with the following rules and regulations.
(1) Rowboats shall have the right-of-way at all times except days when skiing shall be permitted. Outboard motorboats may be used on fishing days for fishing purposes. Outboard motorboats, without limitation on size or motor, may be used for pleasure riding, skiing, surfboard riding or similar activities on days designated by the governing body of the city. When overtaking or passing rowboats at a distance of less than 150 feet, the maximum speed shall be five mph.
(2) It shall be unlawful to use any motor to propel any craft unless said motor is equipped with an underwater exhaust.
(3) Owners of craft shall be responsible for any and all damages to the person or property of others.
(4) All metal craft shall be equipped with sufficient air chambers to ensure buoyancy. The caretaker shall inspect and approve all crafts before the same shall be launched or placed upon the lake.
(5) No person shall enter a boat to go upon said lake, or enter into said lake, without being equipped with a life preserver.
(6) The caretaker is hereby empowered and authorized to enforce these rules and regulations, and he or she shall have power to order any craft which he or she considers unsafe or dangerous; and/or any person whom he or she may deem inexperienced in handling a craft; and/or any person operating a craft in a reckless, careless or dangerous manner, from the lake. The caretaker shall have the authority to prohibit boating upon the lake at such times as he or she deems the lake too rough for such purpose.
(7) (A) No person shall operate a vessel on the Howard Lake, towing a person or persons on water skis, surfboard or similar device, nor shall any person engage in water skiing, surfboarding or similar activity at any time between the hours from one hour after sunset to one hour before sunrise.
(B) No person shall operate or manipulate any vessel, tow rope or other device by which the direction or location of water skis, a surfboard or similar device may be affected or controlled in such a way as to cause the water skis, surfboard or similar device, or any person thereon to collide with or strike against any object or person.
(C) No person shall operate a motorboat on the Howard Lake for towing a person or persons on water skis, a surfboard or similar device, unless the boat is equipped with a wide angle rear view mirror properly placed to provide a maximum vision of the person or persons being towed, or there is an observer in the boat in addition to the operator. The observer must be a responsible person of at least 12 years of age.
(e) Penalty. It shall be unlawful for any person to violate any of the provisions of this section, or to fail, neglect or refuse to comply with any of the rules and regulations herein established, and any person who shall violate any of the provisions of this section or shall fail and neglect or refuse to comply with any of the rules and regulations shall be guilty of a misdemeanor and upon conviction thereof, shall be fined a sum not exceeding $3,000 plus restitution for actual damage, or be imprisoned for a period not exceeding 30 days or by both such fine and imprisonment.
(Ord. 459, passed 11-16-1959; Ord. 485-A, passed 4-18-1966; Ord. 577, passed 5-18-1987; Ord. 590, passed 2-3-1992; Ord. 597, passed 4-1-1996)