CHAPTER XII. PUBLIC PROPERTYCHAPTER XII. PUBLIC PROPERTY\ARTICLE 1. CITY PARKS

The laws of the city shall extend to and cover all city parks.

(Code 2014)

The city shall have police regulations governing any public parks belonging to the city and the chief of police and law enforcement officers of the city shall have full power to enforce city laws governing city parks and shall maintain order therein.

(Code 2014)

It shall be unlawful for any person, except duly authorized city employees, to willfully or wantonly remove, injure, tarnish, deface or destroy any building, walk, bench, tree or improvement or property of any kind belonging to any park owned by the city.

(Code 2014)

(Code 2014)

(a)   Motor vehicles, including any vehicle licensed to operate on public streets, roads and highways and motorbikes, go-carts, snowmobiles and other motorized off-the-road vehicles shall be operated in a safe and prudent manner at all times in park areas.

(b)   Except as provided in subsection (d), it shall be unlawful for any person to park any motor vehicle in any area not designated for such purpose.

(c)   Except as provided in subsection (d), it shall be unlawful for any person to operate any motor vehicle within any city park except upon roads, drives and parking areas established by the city.

(d)   Subsections (b) and (c) above shall not apply to authorized city employees while engaged in the maintenance and care of the park.

(e)   It shall be unlawful to operate any such vehicle in any park area at a speed in excess of 10 m.p.h.

(Code 2014)

It shall be unlawful for any person to pursue, catch, trap, maim, kill, shoot or take any wildlife, either bird or animal, in any manner at any time while in any city park.

(Code 2014)

It shall be unlawful for any person to build or kindle any fire in any city park except in the ovens, stoves, or grills provided for that purpose by the city, and such fire must be extinguished by the person, persons or parties starting such fire, immediately after use thereof.

(Code 2014)

Overnight camping is hereby prohibited in city parks except where posted.

(Code 2014)

All waste material, paper, trash, rubbish, tin cans, bottles, containers, garbage and refuse of any kind whatsoever shall be deposited in disposal containers provided for such purposes. No such waste or contaminating material shall be discarded otherwise. No sticks, stones, trash or other objects shall be thrown or discarded in or on any park lands, fountains, pools, drinking fountains, sanitary facilities, or other improvements.

(Code 2014)

It shall be unlawful for any person or persons to use, consume or have on the premises of any park or other city property within the city any alcoholic liquor or cereal malt beverage. The governing body may, from time to time, make temporary exceptions to this section.

(Code 2014)

It shall be unlawful for any person, except duly authorized city employees, to take, injure, or disturb any live or dead tree, plant, shrub, or flower, or otherwise interfere with the natural state of city parks.

(Code 2014)

The city may post such rules and regulations, as are approved by the governing body, pertaining to the use of the city parks in a conspicuous place in each city park. Violations of these posted rules shall constitute a violation of this article.

(Code 2014)

(a)   The purpose of this section is to prohibit littering in the streets, sidewalks, parks, or other public places within Marion, Kansas.

(b)   The following terms, for the purposes of this section, are defined as:

(1)   "Garbage" shall mean putrefying animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.

(2)   "Litter" shall mean garbage, refuse, and rubbish and all other waste material which, if thrown or deposited as prohibited herein, tends to create a danger to public health, safety, and welfare.

(3)   "Person" shall mean any person, firm, partnership, association, corporation, company, or organization of any kind.

(4)   "Public Place" shall mean any and all streets, sidewalks, boulevards, alleys or other public ways and any and all public parks, squares, spaces, schools, grounds and buildings.

(5)   "Refuse" shall mean putrefying and non-putrefying solid wastes including garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles and parts thereof, solid market and industrial wastes, and construction wastes.

(6)   "Rubbish" shall mean non-putrefying solid wastes including, but not limited to: paper wrappings, cigarettes, cardboard, tin cans, yard clippings, leaves, wood, glass, bedding and similar materials.

(7)   "Vehicle " shall mean every device, upon or by which any person or property is or may be transported or drawn upon a highway, road or street.

(8)   "Yard Maintenance" shall mean the mowing, clipping, shredding, raking, and trimming of vegetation and plants including grass and trees.

(c)   No Person shall throw or deposit Litter in any Public Place except in public receptacles for waste collection.

(d)   No Person while a driver or passenger in a Vehicle shall throw or deposit Litter upon any Public Place or private property.

(e)   No Person shall drive or move any Vehicle unless such Vehicle is constructed or loaded so as to prevent any load, contents or Litter from being blown or deposited upon any Public Place or private property.

(f)   It shall be the duty of the owner and the occupant of any private property abutting upon any Public Place to conduct any Yard Maintenance so that all waste from such Yard Maintenance that accumulates in a Public Place adjacent to such private property is removed within 24 hours.

(g)   No Person shall sweep into or deposit waste from Yard Maintenance in any gutter, street or other Public Place.

(h)   No Person shall throw or deposit Litter on private property except that the owner or Person in control of private property may maintain authorized receptacle for collection in such a manner that Litter will be prevented from being carried or deposited by the wind or other elements upon any Public Place or private property.

(i)    The owner or Person in control of any private property shall at all times maintain the premises free of Litter. This Section shall not prohibit the storage of Litter in authorized private receptacles for collection.

(j)    Any person violating the provisions of this section shall, upon conviction, be fined in any sum not more than $100.00.

(k)   If any owner or person in control of any private property shall refuse or neglect to clean or remove from the sidewalk or street abutting the private property, all Litter within the time specified the City may cause such Litter to be removed from the private property and the cost thereof shall be assessed against such adjoining private property. The city clerk shall certify the same to the county clerk for collection as provided by law.

(l)    The City Clerk shall, at the time of certifying other city taxes to the county clerk, certify the unpaid costs for removal of Litter and the county clerk shall extend the same on the tax roll of the county against the lot or parcel of ground. The cost of such work shall be paid from the general fund or other proper fund of the City, and such fund shall be reimbursed when payments therefore are received or when such assessments are collected and received by the City.

(Ord. 1410)