Chapter 12 · Public Property

Article 1. Parks, Recreational Areas

Sections 12-101 to 12-123 · 24 sections

12-101 Purpose and intent.

It is hereby declared necessary for the benefit of the public at large to impose certain rules and regulations upon the use of public parks and recreational facilities. It is the intent of this article that all persons may peacefully enjoy the use of the parks and recreational facilities of the city, and to this end, any permits or authorizations required to be obtained from the park board may not be refused except for valid reasons applied uniformly to all persons. Any denial of permits is intended only for the protection of the citizens’ rights to full and peaceful use of the parks and recreational facilities. Permits will be denied where the proposed use will infringe upon the general public’s use of the area involved to such an extent as to deprive the general public the use of the parks and recreational facilities for the purposes intended.

(Ord. 278, Sec. 2)

12-102 Hours, opening and closing, fees for usage.

City park facilities will be closed to the public from 12:00 midnight to 5:00 a.m. daily, except Kirby Park, Old Oak Park and Timberlane North Park will be closed to the public from 10:00 p.m. to 5:00 a.m. daily. The hours of the Skate Park shall be from 15 minutes after sunrise until 15 minutes before sunset, as those times are provided by any local weather service. Hours of operation of any park facility may be temporarily modified for special events by action of the Governing Body.

The fees for use of such park facilities will be those determined from time to time by the Governing Body in consultation with city administrative personnel.

(Ord. 278-B; Code 2003, Ord. 888; Ord. 972; Code 2015)

12-103 Injuring property or removing equipment.

It shall be unlawful for any unauthorized person to break, cut, mutilate or injure, remove or carry away, any stone or stonework, bench, chair, seat, bower, stand, structure, fence or property, or anything whatsoever, in or upon any park, playground, golf course or recreational facility, or upon any other property owned or controlled by the city.

(Ord. 278, Sec. 4)

12-104 Trash, rubbish.

It shall be unlawful for any person to throw stones, sticks or rubbish of any kind into any lake, pond, stream or swimming pool and/or to deposit trash or rubbish of any kind in or upon any park, playground, golf course or recreational facility or upon any other property owned or controlled by the city, except in containers or facilities provided therefore.

(Ord. 278, Sec. 5)

12-105 Chasing game and animals.

It shall be unlawful for any person, other than a city officer or employee in the lawful discharge of his or her duty, to chase, kill, set snares for or catch any birds or wild animals in or upon any of the parks, playgrounds, golf courses or recreational facilities or upon any other property owned or controlled by the city.

(Ord. 278, Sec. 6; Code 2003)

12-106a Hunting.

(a)It shall be unlawful for any person to hunt, or discharge a weapon in an attempt to hunt, in or upon property owned or controlled by the city except in those areas specifically so designated by the governing body. Hunting shall be defined as by state statute and/or regulation.

(b)The taking, catching or killing of bullfrogs is prohibited on all city owned waters.

12-106b Fishing

(a)Fishing shall be in designated areas only, and unless exempt by law, a state issued fishing license is required and must be shown upon request of any law enforcement officer, Kansas Department of Wildlife and Parks Employee, or other state enforcement official.

(b)Fishing is permitted in city owned waters located within the following city parks:

(1)Riggs Park

(2)Old Oak Park

(3)Kirby Park

(4)Timberlane North Park

(5)Randal L Dorner Park

(c)Seining, and use of dip and cast nets, is prohibited on all city owned waters.

(d)Creel limits. A creel limit is the maximum number of a species of fish that can be taken per person in a calendar day.

(e)Length limits. Minimum length limits mean that fish shorter than a certain length cannot be kept.

(f)The following creel and length limits are hereby adopted:

(1)Channel Catfish: 5 per day.

(2)Largemouth Bass: 2 per day creel limit, with an 18 inch minimum length limit.

(3)All other species of fish: 4 per day creel limit.

(Ord. 515; Code 2003, Ord. 888; Ord. 973; Code 2015)

12-107 Permits.

(a)Permits will be required to reserve any Park Shelter House, Senior Center, Dewey Gunzelman Memorial Pool, Haysville Activity Center, Plagens-Carpenter Park, Band Shell, Historic District Gazebo, the Home Town Market facility, or the Haysville Community Building and the fees are as established by Chapter 17. Requests for reservations shall be made in the city clerk’s office, and all reservations are subject to availability.

(b)Three (3) copies of the permit will be issued:

(1)One to the user of the shelter house, band shell or community building;

(2)One to the police department; and

(3)One will be filed at the city building.

(c)To reserve a park site for the use of inflatable playground equipment. This permit requires:

(1)Proof of liability insurance naming City as additional insured in the amount of $1 million dollars;

(2)Proof of business license from the business’ originating City;

(3)All contact and reservation information required by City Clerk.

(Ord. 278, Sec. 8; Code 2003; Code 2007; Ord. 941, Ord. 958)

12-108 Horseback riding.

Horseback riding shall be permitted only in areas that have been so designated.

(Ord. 278, Sec. 9)

12-109 Fires.

Fires may be built only in ovens, stoves, fireplaces, portable grills or other facilities designed for that purpose and all such fires shall be extinguished before leaving the area. Fires may be prohibited entirely as a protective measure when ordered by the chief of police.

Charcoal briquettes, wood or other materials used for fire or cooking purposes shall be extinguished before being deposited in trash containers. No hot or burning coals or materials of any kind shall be dumped or deposited on the grass.

(Ord. 278, Sec. 10)

12-110 Swimming, bathing, wading, skating or use of a vessel.

Swimming, bathing, wading, skating, or the use of vessels in any of the ponds, lakes, rivers or waterways in parks or recreational facilities is prohibited except in designated areas, with city approval. The term vessel used herein means “every description of watercraft used or capable of being used as a means of transportation on water.”

(Ord. 278, Sec. 11)

12-111 Archery.

Archery shall be permitted only in designated areas.

(Ord. 278, Sec. 12)

12-112 Unmanned aircraft systems.

(a)Purpose. The City of Haysville encourages the safe and responsible use of Unmanned Aircraft. This section is designed to empower innovation while protecting and promoting the health, safety, and welfare of its citizens.

(b)Definitions. An “Unmanned Aircraft System” (“UAS”) shall mean an aircraft operated without the possibility of direct human intervention from within or on the aircraft. This definition includes devices commonly referred to as drones, remote controlled aircraft, model aircraft and model rockets.

(c)Prohibited Use.

(1)No person may take off or land an UAS on the private property of another individual or entity without express permission of the owner of such property.

(2)No person may take off or land an UAS on any City owned property except for the following designated areas: All City Parks.

(d)No Reckless Operation. No person may operate an UAS in a reckless manner so as to create: (1) a substantial risk of serious physical injury to another, including but not limited to operating an UAS in the airspace directly above or over any person; or (2) a substantial risk of damage to the property of another.

(e)Penalties. A person found guilty of a reckless operation or operation out of compliance with this section, may be punished by a fine not to exceed $500.

(f)Exceptions. This section does not apply to an UAS that is operated by or on behalf of the City of Haysville, or any other public agency for government related purposes in compliance with all federal laws and regulations and operated in compliance with City of Haysville policies.

(Ord. 1044)

12-113 Motor or engine-driven vehicles other than park maintenance vehicles.

Motor or engine-driven vehicles, including but not limited to go-carts, motorcycles, motor scooters, mini-bikes and motored bicycles, shall be permitted only in designated areas.

(Ord. 278, Sec. 14)

12-114 Fireworks in the park.

The discharging of fireworks in the city park areas will be in compliance with the existing city laws and in designated areas only.

(Ord. 278, Sec. 15)

12-115 Cereal malt or alcoholic beverages within public parks and city owned facilities.

(a)The use or consumption of any cereal malt beverage, or alcoholic liquor is prohibited in any park or City Owned facility, except in conformance with a lawfully issued Special Event Permit.

(b)The following areas are exempt from the provisions of K.S.A. 41-719(d): (i) The Historic District; (ii) Riggs Park - Lions Shelter; (iii) Senior Center - Entire facility except office and storage rooms; (iv) Activity Center – gym, rental room and patio and walkway between the gym and rental room; and (v) Riggs Park – Area just southeast of the Band Shell consisting of a trapezoid with the following parameters: The northern line of the trapezoid shall be 25 feet in length and 15 feet south of the southeast side of the stage and 10 feet from the sidewalk in front of the stage; at the eastern terminus of the northern line, the line shall continue south by southeast 95 feet in length; the southern line shall then run west 48 feet to the southwest corner or the area; then the west line shall travel 95 feet north by northeast to meet with the western edge of the northern line.

(c)Alcoholic liquor or cereal malt beverage consumption in any area described in subsection (b) above is (i) limited to only those occasions associated with an agreement or permit issued by the City in which such consumption is specifically allowed and (ii) exempt from the requirements of Chapter 3 Article 1 Section 109 and Chapter 3 Article 4 Section 402, subsections (a) and (b) of the Code of the City of Haysville, regarding distance restrictions, waiver and public hearing.

(Ord. 278, Sec. 16; Code 2015; Code 2016; Ord. 1066; Code 2022; Ord. 1130)

12-116 Overnight camping or camp-outs.

Overnight camping or camp-outs will be permitted in designated areas only and only by those holding a valid city permit (See also Section 11-205).

(Ord. 278, Sec. 17; Code 2026)

12-117 Respecting other members of the public.

No insulting and/or disrespectful language is allowed on park property. This includes but is not limited to the use of any teasing, name-calling or vulgar language.

(Ord. 1126)

12-118 Damage to park property.

Damaging or destroying any park property is not permitted.

(Ord. 1126)

12-119 No physical violence.

No physical violence, including but not limited to pushing, shoving, or hitting is allowed on park property.

(Ord. 1126)

12-120 Bicycles, roller skates and skateboards.

No bicycles, roller skates or skateboards are permitted on playground equipment.

(Ord. 1126)

12-121 Pets in playgrounds.

No pets are allowed in any playground areas.

(Ord. 1126)

12-122 Glass containers.

No glass or glass containers are allowed in any playground area.

(Ord. 1126)

12-123 Use of gum.

No gum is allowed in any playground area.

(Ord. 1126)