Section
Regulations for Jaycee Lake and Miller Lake
93.01 Definitions
93.02 Regulations
93.03 Regulations for Jaycee Lake only
93.04 Regulations specific for Lake Miller
93.05 Permits
93.06 Steering rules for water craft
93.07 Nuisances
93.08 Right to inspect
93.09 Declaration of emergency
93.10 Enforcement
93.99 Penalty
REGULATIONS FOR JAYCEE LAKE AND MILLER LAKE
CITY. Shall mean City of Mt. Vernon, Illinois.
CUSTODIAN. Refers to any lease from the City of any marginal land for cottage or other purpose.
DRAINAGE AREA. The entire area of land and water that drains into the reservoir.
INTAKE. The place where the water supply for the City is taken from the reservoir.
MARGINAL LAND. The land owned or controlled by the City adjacent to the shore line and not flooded by the waters of the reservoir.
RESERVOIR. The artificial lake and water impounded therein by means of a public water supply dam, known as Jaycee Lake generally situated over parts of Sections Five and Eight of Township Two South, Range Three East of the Third Principal Meridian, Jefferson County, Illinois, and/or the artificial lake and water impounded therein by means of a public water supply dam, known as Lake Miller situated over parts of Sections Twenty-eight, Twenty-nine, Thirty-two, and Thirty-three of Township One South, Range Three East of the Third Principal Meridian, Jefferson County, Illinois, and any structure or structures heretofore or hereafter constructed within the limits of the herein defined drainage area which is used, or for use as water supply for the City.
SHORE LINE. The extended point where the plane of the surface of the reservoir touches the land.
WATER COURSE. Any stream, natural or artificial, channel, spring, or depression of any kind in which water flows continually or intermittently over any part of the drainage area directly or indirectly into any part of the reservoir.
WATER LINE FOR JAYCEE LAKE. The contour known as 491.00 feet above sea level according to United States Government elevation as obtained from the bench mark established in Mt. Vernon, Illinois in the Post Office therein.
WATER LINE FOR LAKE MILLER. The contour known as 520.00 feet above sea level according to United States Government elevation as obtained from the bench mark established in Mt. Vernon, Illinois in the Post Office therein.
(Prior Code, Art. 33, § 33a)
(A) All provisions of this Section, except where expressly otherwise provided, shall apply to Jaycee Lake reservoir and Lake Miller reservoir and the marginal lands adjacent thereto.
(1) No building or structure, whether for habitation or otherwise, including but not limited to any dock, shall be constructed, altered or maintained within the waterline of the reservoir, unless a permit in writing therefor based upon a written application setting forth the location, specifications and intended use thereof, shall be granted by the City of Mt. Vernon.
(2) No person not an authorized employee of the City shall make any connection with, uncover, alter or disturb any raw water pipe or main, or any filtered water line or main, conduit, electric wire or line, sewer or other utility constructed or maintained by the City and between the reservoir dam and said City limits, or open any manhole, intercepting chamber of any appurtenance thereof without first obtaining a written permit from the City based upon a written application setting forth the location and nature of the work to be done, together with a description thereof or copy of plans or specifications therefore of the contemplated connection or alteration and a depositing with the City such a sum of money as the City shall estimate will fully cover all damage of any kind which may be caused by the connection or alteration or filing an appropriate bond, guaranteeing restoration, in form, amount and with surety, as approved by the City, if requested by the City to do so.
(B) After said alteration or connection has been completed, the City Engineer shall be notified in writing and allowed to inspect the work done and thereafter the sewer, water pipe or main, conduit, electric wire or line, manhole or intercepting chamber shall be immediately restored to as good a state or condition as prior to the doing of said work, to the satisfaction of the City or by the City, as the City may elect. If the completion of the restoration be without expense to the City and to its satisfaction, the sum deposited shall be refunded but if any of the work be done by it, the City shall certify the actual expense incurred and shall refund to the holder of the permit the difference, if any, between the amount deposited and the amount certified; in the event the amount so certified shall be in excess of said deposit, the holder of the permit shall immediately pay said excess to the City.
(C) No person shall place, throw, discharge or cause to be discharged, any sewage, garbage, waste, saltwater, oil, oil and gas well products, or other polluting substance into the reservoir or into any natural or artificial watercourse or open or covered sewer, ditch, tile or drain flowing directly or indirectly, continuously or intermittently, into the reservoir; no person shall construct any open or covered sewer ditch, tile or drain or make any change therein or connected therewith so as to cause any pollution or polluting substance to flow into or reach more quickly, the reservoir.
(D) No person shall cause or permit any domestic livestock or poultry to run at large upon the reservoir or marginal lands of another. Any livestock or poultry found at large may be taken up by the City and sold to pay the expense of taking, keeping, advertising and selling such livestock or poultry, and to pay all damage incurred by the City of its property by such livestock or poultry. No livestock, animal or poultry shall be allowed to stand, wallow, wade, or swim or be washed or watered in the reservoir.
(E) No person shall upon the reservoir or upon any marginal land by violent or tumultuous or obstreperous conduct or by loud and unusual noises disturb the peace nor shall any person upon the reservoir or any marginal land use profane, obscene or offensive language calculated to provoke a breach of the peace, nor shall any person assault, strike or fight with another, with or without his consent, or permit any such condition in or upon any premises upon the marginal land leased, possessed or controlled by him.
(F) No clothing, bedding, carpet, vehicle, receptacle, utensil or article that tends to pollute the water shall be washed in the reservoir.
(G) No person shall willfully, maliciously or negligently break, deface, injure, or destroy any property upon the reservoir or the marginal land, whether such property is owned by the State, County, City, or other governmental body or owned by any private person firm, or other association. No person upon the reservoir or upon the marginal lands shall throw or cast any stone or missile upon any public property or upon private property of another or at any other person.
(H) (1) No person shall enter into or upon any lot or parcel of ground which has situated thereon any building or structure or which is occupied for residential purposes, and while on such lot or parcel of ground look into any door, window or aperture in such building or structure without the consent of the owner, lessee or occupant thereof. No person shall intrude or enter upon the enclosed premises of another or willfully or needlessly walk, ride, or drive upon any lawn, grass plot, flower garden or other property of another without the consent of the owner, lessee or occupant.
(2) No person shall enter into or upon any lot or parcel of ground nor upon any marginal land without the permission of the owner, lessee, or person in control of said land. No person shall intrude or enter upon any dock, boathouse, or boat of another without the consent of the owner thereof. No person shall fasten any trot line, any boat or other item to any dock, structure, post, tree or other item owned or leased by another or upon the property owned or leased by another without the consent of the owner or lessee. No person shall place any trot line, throw line or similar device within 25 feet of the shoreline of the reservoir; provided nothing herein shall prohibit an owner or lessee and their permitted guests from fishing with a pole or poles from a dock or from land adjacent to the shoreline owned or leased by him.
(I) No person shall knowingly or intentionally appear nude or in a state of nudity in a public place, all as defined within § 130.05 of the Revised Code of Ordinances.
(J) No person shall place or maintain upon the reservoir any houseboat or water craft with sleeping accommodations or water craft constructed, occupied or intended for use as a temporary or permanent residence. No person shall permit or allow or use any boat, vessel, or other floating device, except for a water craft as defined and licensed by the State of Illinois; in addition, paddle boats are permitted; inner tubes, air mattresses, and similar devices are prohibited. No person shall permit or allow or engage in the use of or racing of model boats or similar devices of any type upon any portion of the reservoir. Boating of any kind or character is prohibited in the reservoir at the spillway and within 50 feet thereof.
(K) No person shall stock or place any fish or other aquatic life and within the reservoir, except commercially purchased minnows for fishing and except fish first caught from said reservoir which are being returned to the reservoir and except as permitted by resolution of the City Council or as permitted within any license or lease granted by the City Council.
(L) No person shall use the marginal land, except pursuant to a lease or license authorized by the City Council; use of marginal land shall be in strict conformance with any applicable lease or license.
(M) No person shall allow or engage in the racing of water craft or in the careless or reckless operation of any boat or water craft upon the reservoir.
(N) No person shall permit or allow or engage in any ice skating, ice cutting, ice fishing, or other ice activities upon the reservoir, except as permitted within a license or lease granted by City Council; nor shall any person allow or operate any snowmobile, off-road vehicle or any vehicle or device upon any iced over portion of the reservoir.
(O) No person shall permit or allow or engage in any hunting; nor shall any person, except a law enforcement officer in the performance of his duties, discharge any rifle, shotgun, pistol or other firearm, unless permitted by resolution of the City Council or unless otherwise permitted in writing by the City Council.
(P) No person shall use or permit or allow use of the reservoir or of any marginal land for any business, commercial, industrial, agricultural, or irrigation purpose. Watering of lawns and gardens, use of the reservoir as a private domestic water source, and similar restricted residential use of the reservoir is permissible pursuant to a duly authorized lease or license, unless otherwise restricted or prohibited by City. Nothing herein shall prohibit the current licensee, Mt. Vernon Gun and Sportsmens Club, from leasing boats not to exceed ten (10) in number to its members nor from charging its members a fee for use of its camping facilities or from charging its members a membership fee.
(Q) No person under 10-years of age may operate any boat or craft. Persons at least 10-years of age and less than 12-years of age may operate a boat or craft only if they are accompanied on the boat or craft and under the direct control of a parent or guardian or person at least 18-years of age designated by a parent or guardian. Persons at least 12-years of age and less than 18-years of age may operate a boat or craft only if they are accompanied on the boat or craft and under the direct control of a parent or guardian or a person at least 18-years of age designated by a parent or guardian or if such person between the ages of 12 and 18 is in possession of a boating safety certificate issued by the Department of Natural Resources, Division of Law Enforcement, authorizing the holder to operate motorboats. Violations of this subparagraph done with the knowledge of a parent or guardian shall be deemed a violation by the parent or guardian.
(R) No person shall operate or place upon the reservoir any boat or craft larger than 20-feet in centerline length, except a pontoon boat may be 24-feet in length; provided that any lessee of marginal land or owner of real estate immediately adjacent to the waterline of the reservoir may place upon the reservoir a pontoon boat not to exceed 28-feet in length if the certificate of title for said pontoon boat evidences that said lessee or owner owned the pontoon boat prior to the effective date of this Ordinance.
(S) No person shall operate, or cause to be operated, any boat or craft equipped with a motor or internal combustion engine, regardless of whether such motor or engine be temporarily or permanently attached to said boat or craft, on any of the waters of the reservoir, unless such motor or engine is equipped with an efficient muffler, in good working order and constant operation so as to prevent excessive noise and annoying smoke. No outboard motor or internal combustion engine shall be deemed equipped with an efficient muffler, unless the exhaust gases are discharged under water or are muffled as to be not noisier or more annoying than an internal combustion engine of like power equipped with an underwater exhaust.
(T) No person shall use on any boat or craft on the waters of the reservoir with a muffler cut-out or any device whatsoever that operate to discharge exhaust gases or any motor or engine without such gases passing through an efficient muffler.
(U) No person shall operate any boat or craft at a speed greater than thirty-five (35) miles per hour between the hours of sunrise and sunset upon Jaycee Lake reservoir nor greater than twenty-five miles per hour between the hours of sunrise and sunset upon Lake Miller Reservoir. No person shall operate any boat or craft at a speed greater than five miles per hour between the hour of sunset and sunrise. The speed limit at the spillway and boat ramp and within 100 feet of each shall be 5 mph at all times. No boat or craft shall be operated at a speed that creates a wake within any area marked with a buoy and designated as a no-wake area. Any cove marked with a buoy at its entrance shall be a no wake area; other no wake areas may be designated and marked by the City Manager.
(V) No boat or craft of any kind or character shall be operated on the reservoir unless it carries for each occupant an adequate life preserver (personal flotation device) for each person especially designed for that purpose; each person under the age of 13-years shall wear a life preserver when an occupant of a boat or craft when said boat or craft is underway. No person shall participate or engage in water skiing (if otherwise permitted) except when wearing an adequate life preserver, provided, however, that the City Council may from time to time upon Jaycee Lake authorize water skiing exhibitions or performances without the use of life preservers. All boats or crafts shall be equipped with all safety equipment as required by the Illinois Boating Act and approved by the U.S. Coast Guard.
(W) No person shall engage in the business of renting boats for hire or carrying passengers for hire on the reservoir, except as may be authorized by special concession granted by the City.
(X) No persons required to be licensed by the laws of Illinois now and hereafter, shall take, catch, or attempt to take or catch any species of fish, frogs or turtles without a State of Illinois Fishing License in full force and effect, issued to said person and in his possession; all persons shall strictly adhere to the Game and Fish Code of the State of Illinois and the amendments thereto; in addition, all persons shall observe and adhere to all valid fishing restrictions and regulations enacted or authorized by the City Council within this Ordinance. The privilege of fishing the reservoir or any part thereof may be suspended by the City at any time whenever such suspension shall be deemed proper to conserve aquatic life or to prevent any tendency to pollute the waters of the reservoir, or to promote the improvement or convenient maintenance, or control of said reservoir, or any part thereof. The posting of any authorized sign shall suspend the privilege of fishing at such location. All persons using the waters of the reservoir for fishing purposes shall so use the same as not to create any unsanitary condition in or about said water or so as to pollute or make any part of the waters unwholesome or unfit for use. No person shall conduct, sponsor or permit or participate in any fishing tournament or contest upon the reservoir except as authorized by resolution or ordinance of the City Council.
(Y) Any person picnicking or making other use of the reservoir shall keep the reservoir and premises clean and neat, and shall pick up and remove in a sanitary manner all paper, garbage, rubbish and debris, and before leaving the premises and shall put out any fire by him made. No person shall deposit or place any paper, can, garbage or litter into the reservoir.
(Z) No person shall upon the reservoir or the marginal lands permit any dog owned, kept or controlled by such person to be or run at large within any street, sidewalk or other public place unless such animal shall wear a good and substantial muzzle; nor shall any person permit any cat or other animal be or run at large within any street, sidewalk or public place. No person shall allow or permit any dog, cat or any other animal owned, kept or controlled by such person to be at large and to go upon the private premises of another person. Any dog or cat found or other animal running at large may be taken up by the City and if not promptly called for may be destroyed or otherwise disposed of, all without liability on the part of any officer performing such duty, or the City. No person shall permit or allow any dangerous, fierce or ferocious dog owned, kept or controlled by such person to annoy or endanger any other person. Any dog which shall bite or injure any person or shall destroy or injure any other animal is hereby declared to be nuisance and shall be taken up and impounded. Any person who shall be the owner, keeper or in control of the dog and shall know or be notified that such dog has bitten or injured any other person so as to cause an abrasion of the skin shall deliver such dog for impoundment shall cause such dog to be chained and confined not less than two weeks. If any such dangerous, fierce or vicious dog cannot be safely taken up and impounded it shall be slain by any law enforcement or rabies control officer of the City and if any such dog having been slain shall have bitten or caused an abrasion on any person, the carcass of such dog shall be delivered to the rabies control officer.
(AA) No person shall ride, park or use any 3-wheeler, 4-wheeler, motorcycle, dirt bike, motor bike, off-road vehicle, snowmobile, or other similar motor vehicle upon any marginal land, except mowing and maintenance equipment operated by City personnel or persons specifically authorized by resolution or ordinance of the City Council; provided, however, that a motorized device (such as a wheelchair or golf cart) which is actually used solely to accommodate a physically impaired person is not prohibited. Nothing herein shall prevent use of a private drive improved as a roadway for access to marginal land or for parking, but said private drive shall not be used as a riding track or for repetitious recreational riding.
(BB) No fireworks or balloons shall be lighted or set off upon the reservoir or upon any marginal land, except as may be permitted in writing by the City Council. No fire shall be lighted or used except at such places as may be designated by the City for such purpose and except by any lessee, his family and guests on the parcel of marginal land leased to such lessee by the City.
(CC) No person shall willfully, maliciously, or negligently cut, break, climb on, carry away, conceal, transfer, tamper with, mark upon, or in any way injure, damage, or deface the reservoir dam or any tree, shrub, plant, or any hydrant, regulating device, transformer, meter, wire, wiring, pole, or any fence, wall, bridge, railing, bench, building, or other structure of any kind or property, or take down, alter, mar, move, injure, destroy any sign, trail marker, placard, notice, post, pile or buoy posted or placed by the City or authorized to be posted or placed by the City or drive any motor car, vehicle, boat or craft in such a manner as to cause the same to collide with, run against, strike or cause to strike, injure or deface or damage any such property, but custodians of the marginal land surrounding said reservoir may make changes and improvements as permitted in their leases from the City.
(DD) No person shall solicit alms or do anything pertaining to soliciting, peddling or hawking. The erection or maintenance of any sign or bill, poster, the posting or placing of any advertising poster, placard, or card, or the distributing of any advertising matter by handbills, or otherwise, except regulatory signs posted by City, is prohibited.
(EE) No person shall make an ascent in any balloon, aeroplane, hydroplane or any other device or any descent in any aeroplane, balloon, hydroplane or any flying device or parachute without a written permit from the City, except in a declared emergency. No person shall go upon any portion of the reservoir or marginal land where a sign or notice, posted or authorized to be posted by the City, prohibit same.
(FF) (1) No building or structure or anything erected or constructed on the face thereof or in any way connected therewith, shall extend into, upon or over any boulevard, road or parkway unless a written application setting forth the location and specifications of the encroachment shall have been made. No person shall move any building on, along or across, or obstruct or excavate in any road unless a permit in writing therefor shall have been procured from the City, based upon a written application setting forth the dimensions of the building to be moved and its contemplated route. or the location or nature and specifications of the proposed excavations or obstructions and upon depositing with the City such a sum of money as the City shall estimate will cover all damages to the roadway, trees, shrubs, grass, lamp posts and other property and improvements upon said road, or upon filing appropriate bond to guarantee such complete restoration as requested by the City.
(2) After said work shall have been completed, the road, grass, trees, shrubs, lamp posts and other property and improvements shall be immediately restored to their former condition by the holder of the permit to the satisfaction of the City or by the City, as the City may elect. If restoration be made without expense to the City, and to its satisfaction, the sum deposited shall be refunded, but if any of the work be done by it, the City shall certify the actual expense incurred and shall refund to the holder of the permit the difference, if any, between the amount deposited and the amount so certified by the City; in the event the amount so certified should be in excess of said amount deposited, the holder of the permit shall immediately pay such excess amount to the City.
(GG) Any walk, opening, excavation, projection or obstruction which shall be constructed, erected, placed or maintained in or upon any road, contrary to any of the provisions of any Ordinance of the City, may be filled up, removed or abated by the City at the expense and risk of the person constructing, erecting, placing or maintaining the same.
(HH) All persons shall obey all official signs and traffic signals and police officers of the City. The display of unauthorized traffic signs and signals is prohibited.
(II) No vehicle shall be driven except upon roadways and parking places constructed or designated by the City for such use and except by any lessee or permittee of lessee upon lands leased to said lessee.
(JJ) No vehicle shall be permitted to stand in any of the following places except when necessary to avoid conflict with other traffic or to comply with the directions of any police officer.
(1) Where parking or standing is indicated to be prohibited by an authorized sign.
(2) In any intersection or crosswalk.
(3) Upon the roadway of, or approaches to, any bridge or the impounding dam forming the reservoir.
(4) At any place where the standing and parking of a vehicle shall block the use of any walk or driveway.
(5) At any place where the standing and parking of a vehicle will tend to obstruct the flow of a single line of traffic in each direction or cause either of such lines of traffic to veer from its course in the center of the roadway.
(6) Upon any marginal land, except that a lessee or licensee or permittee of same may park upon the premises subject of his lease or license.
(KK) No person shall drive a motor vehicle upon any road or driveway at a speed greater than is reasonable and proper, having regard for the traffic and the use of the way and so as not to endanger the life, limb, or injure the property of any person. The City from time to time may designate the maximum rate of speed on all roads, based on the location, nature and amount of traffic on the same and shall erect suitable signs indicating such maximum rates of speed. If the rate of speed of any motor vehicle operating on any road shall exceed the rate of speed designated for said location, said rate of speed shall be prima facie evidence that the person operating such motor vehicle was running at a rate greater than is reasonable and proper, having regard for the traffic and the use of the highway.
(LL) No person shall make, aid or countenance or assist in making any improper noise, racket, disturbance, breach of peace, or anything tending to a breach of the peace or be guilty of any disorderly or offensive conduct or collect or assemble any body or group of persons for any unlawful purpose or for the annoyance or disturbance of any other person or persons or the damage or destruction of property of the City or of any other person.
(MM) No person intoxicated by alcohol nor any person under the influence of any unlawful drug shall appear or remain be present upon the reservoir or upon any other public place or upon the private premises of another without the owner’s consent.
(NN) No person shall interfere with or in any manner hinder any employee or agent of the City while engaged in any work or the improvement, care or supervision of the reservoir.
(Prior Code, Art. 33, § 33b)
(A) (1) All facilities including without limitation the trailer parking lot, boat ramp, and land used and adjacent to the boat launching area, and the pavilion and picnic area on the south and east sides of Lake Jaycee and all marginal land not subject to a lease, shall be closed and the use thereof prohibited after 10:00 o’clock p.m. or prior to 5:00 a.m. of each day; and it shall be unlawful for any person to go upon or use any of such facilities or land after 10:00 o’clock p.m. or prior to 5:00 a.m. each day.
(2) Lessees of marginal land adjacent to the reservoir may use the reservoir for any permitted use during each hour of any day.
(B) Swimming, skin diving, bathing, wading, or any similar water activity (except skiing) in the reservoir is prohibited, except in such areas and at such times as may be determined from time to time by resolution of the City Council.
(C) (1) Water skiing shall be permitted upon Jaycee Lake reservoir unless otherwise prohibited by the City Council by resolution or ordinance. Each boat towing any person or persons on water skis, aquaplane, or any other object shall have a minimum of two persons aboard and one of said persons shall act as an observer at all times.
(2) Water craft engaged in skiing shall travel in a clockwise direction when towing a skier. No person shall ski nor shall any person operate a boat having a skier in tow, except during the hours from sunrise to sunset. Skiing shall mean use of any water ski, aquaplane, or other similar object or contrivance intended, constructed or actually used in tow behind any boat.
(D) No person shall enter or remain at the boat launching ramp or at the trailer parking lot adjacent thereto or within fifty-feet of the boat launching ramp or trailer parking lot except for the purpose of and during the launching or trailering of a boat. No person shall fish within fifty-feet of any part of the boat launching ramp.
(E) No person shall place any fishing jug or similar device upon Jaycee Lake nor shall any person place any trot line, throw line, or similar device upon Jaycee Lake, except within a cove designated as a no wake area.
(F) (1) No person shall place or operate a boat or water craft of any kind upon Jaycee Lake unless said person has secured and shall have in his or her possession a license as hereinafter provided.
(2) (a) No boat or craft of any kind may be propelled, kept or used on Jaycee Lake reservoir until the owner thereof shall have secured a written license from the City based upon a written application, setting forth the length of such boat or craft, its means of locomotion, and if propelled by an internal combustion motor engine, the piston displacement thereof, the maximum number of passengers said boat or craft may safely carry, its contemplated use, and other and further information as the City may from time to time require.
(b) Such license when granted shall be in writing and may be further evidenced by an official number sticker or marker to be yearly furnished by the City to the licensee and such sticker or marker shall be placed on the outside upper right hand corner of the rear transom, and such license shall be exhibited on request to any agent of the City. In addition, a second sticker or marker shall be furnished by the City and affixed to the trailer for said boat.
(3) Such license shall be effective from May 1 of the year of issue through and including April 30 of the next ensuing year and may be annually renewed by filing a like application before said boat or craft may be lawfully propelled, kept, or used in the reservoir. Each application or renewal must be accompanied by the payment of an annual license fee as follows:
(a) Boat or craft propelled by oars, or sail or electric trolling motor | $5.00 |
(b) Boat or craft propelled by internal combustion engine owned by any resident of Jefferson County, Illinois or any person who is a Lessee of marginal land | $50.00 |
(c) Boat or craft propelled by internal combustion engine owned by a non-resident of Jefferson County, Illinois and non-lessee of marginal land from City or operated for testing by a boat retailer, boat dealer, boat mechanic or other commercial entity | $100.00 |
(4) (a) All applications for permit shall state the kind and type of public liability insurance carried by the applicant, the name of his insurer and limits of coverage. No permit shall be issued hereunder unless the applicant shall present to the City Clerk proof of public liability insurance coverage in an approved company and in an amount not less than $300,000 per person and per occurrence or in such other amounts as shall be determined by the City Manager, in his discretion.
(b) The within provisions requiring a license shall also specifically apply to boat retailers, boat dealers, boat mechanics, and other persons operating a boat or craft upon the reservoir for test driving, provided the license sticker for the boat shall be in the possession of the boat operator and the license sticker for the trailer shall be displayed within the motor vehicle pulling the boat trailer in the front window on the driver’s side. No testing shall occur except on Monday through Friday 7:00 a.m. to 5:00 p.m. and on Saturday 7:00 a.m. to 11:00 a.m.
(G) Mountain Bike Park:
(1) The riding of mountain bikes and other non-motorized bicycles shall be permitted within the area designated within Ordinance 2017-9 as a Mountain Bike Park at such locations as may be designated by the City Manager within said Mountain Bike Park; picnic activities shall also be permitted within said Mountain Bike Park at such locations as designated by the City Manager.
(2) The Mountain Bike Park and bicycle trails within the Park shall be subject to regulations as provided within this Chapter 93 (formerly Article 33) of the Revised Code of Ordinances. In addition, the Mountain Bike Park and trails shall be subject to the following regulations:
(a) No person shall possess or consume any alcoholic beverage within the Mountain Bike Park, including without limitation, upon any bike trail or at any picnic or parking area of said Park.
(b) No person shall operate any motorized bike or motorized vehicle upon a bike trail or upon any property within the Park (except authorized maintenance equipment or a wheel chair or similar device which is operated solely to accommodate a physically impaired person) except within areas designed for such use (such as parking).
(c) No person shall ride or operate any mountain bike or bicycle within the Park except at the specific locations designated as a mountain bike trail or designated for vehicle use.
(d) No person shall ride or operate a mountain bike or other bicycle upon a bike trail unless wearing a safety helmet manufactured for such purposes.
(e) No person shall ride upon a mountain bike trail if said trail is covered, in whole or in part, by snow nor during wet conditions where use of the mountain bike trail creates an indention from use of a bike upon the trail of one quarter inch or greater.
(f) The Mountain Bike Park and trails shall be open for use only during the period from sunrise to sunset each day, except as may be permitted in writing by the City Manager or Park Director; and it shall be unlawful for any person to go upon or to use the Park or any trail during any period of time after sunset or prior to sunrise, except by written permission as described above.
(g) The City Manager is authorized to erect signs identifying the bike trails and regulating their use; and the City Manager is also authorized to establish additional regulations as may be needed for the safe and efficient operation and use of the Park. Such regulations shall be posted at conspicuous places within or adjacent to or near the Park or bike trails.
(H) Any person who shall violate this Ordinance or other applicable Ordinance of the City or any regulation posted upon an authorized sign shall be subject to such penalties as provided within the Revised Code of Ordinances; in addition, such person shall be subject to injunctive relief prohibiting use of the Park and trails by such person.
(Prior Code, Art. 33, § 33c)
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