CHAPTER 12. PUBLIC PROPERTYCHAPTER 12. PUBLIC PROPERTY\Article 3. Lake Augusta-Garvin Park

The area known as Garvin Park-Lake Augusta and all surrounding lands owned by the city are hereby declared to be a part of the park system of the city.

(Ord. 1575; Code 1991, 11-301)

Fishing shall be permitted during the seasons established by the laws of the State of Kansas and pursuant to the rules and regulations of the Kansas Department of Wildlife and Parks, which laws, rules and regulations are hereby adopted and incorporated by reference herein, insofar as such laws, rules and regulations are not in conflict with this article or any amendment thereof; provided, that the city, and more specifically the governing body thereof, recognizes and declares that Lake Augusta is of prime importance to the municipal water supply system of the city and hereby reserves the right to amend, repeal and withdraw all fishing privileges and rights to Lake Augusta without notice and without the necessity of refunding any sum paid by any person under the licensing provisions hereof.

(Ord. 1575; Code 1991, 11-302; Code 2010)

Fishing with seine, trammel net or any other type of net device, trotline, bank line, hand fishing or “noodling” or any other type of fishing other than with a pole and line shall be illegal. It shall be unlawful for any person to throw any surplus minnows or other bait, trash, dead fish, garbage or excretion into the lake or upon the lake property and the baiting of fishing holes is specifically prohibited.

(Ord. 1575; Code 1991, 11-303)

Lake Augusta shall be opened for fishing at all reasonable times, except that the park board, in its discretion, may from time to time during the year establish closing hours when the lake or any portion thereof shall be closed for fishing by posting notice at the entrance to Lake Augusta of such closing hours, and it shall be unlawful for any person to fish in the lake during such posted closing hours.

(Ord. 1575; Code 1991, 11-304)

All boats of any type or nature shall be permitted on Lake Augusta-Garvin Park except that sailboats shall not exceed 16 feet in length, and powered boats of any type with on board motors or means of propulsion greater than 10 horsepower shall be confined to residents within the city limits of Augusta subject to fees and regulations established by the governing body. All rubber rafts, houseboats or other boats with toilet facilities shall be prohibited. All boating privileges shall be confined to the citizens of the City of Augusta and Butler County, Kansas subject to fees and regulations established by the governing body.

(Ord. 1575; Ord. 1597, Sec. 1; Code 1991, 11-305; Ord. 2133; Ord. 2155; Code 2020)

No minor under the age of 16 years shall be permitted to occupy any boat on the lake unless accompanied by an adult person 18 years of age or older.

(Ord. 1791, Sec. 1; Code 2010)

Nothing herein shall be construed as permitting the construction or installation of any temporary or permanent docking facilities on Lake Augusta, and any person launching a boat from a boat trailer shall immediately upon the launching of the same remove the boat trailer beyond the waterline of the lake.

(Ord. 1575; Code 1991, 11-307)

Any person removing a boat from the lake shall not leave the same on the lake or park property unless the same is accompanied by an adult person.

(Ord. 1575; Code 1991, 11-308)

Boating shall be permitted at all times except when the park board, in its discretion, has posted closing hours for fishing on all or any portion of the lake or when the park board shall deem boating to be dangerous for any reason whatsoever; provided, that sailboats shall be permitted only between the hours of dawn and dusk.

(Ord. 1575; Code 1991, 11-309)

It shall be unlawful for any person to boat upon Lake Augusta with a vessel requiring state registration without first having obtained a license in the manner hereinafter prescribed from the city. Prior to the issuance of such license the person issuing shall receive an application containing information as may be required from time to time. The annual fees for licensing a boat shall be established by resolution of the governing body.

(Ord. 1575; Code 1991, 11-310; Code 2010; Ord. 2189)

It shall be unlawful for any person to operate any power boat at any time in a speed in excess of five miles per hour.

(Ord. 1575; Code 1991, 11-311)

No boat shall be operated at any time any closer than 150 feet from the dam and spillway.

(Ord. 1575; Code 1991, 11-312)

No boat shall be launched from any point, in any case, closer than 300 feet from any residence and, in the event that the park board shall designate a launch point no boat shall launched at any place other than at such point or points.

(Ord. 1575; Code 1991, 11-313)

Nothing herein shall be construed as permitting licenses issued hereunder to be assigned to any person or to any boat other than the persons or boats licensed and nothing herein shall be construed as preventing the city from prohibiting, limiting or curtailing any and all boating operations without being obligated to furnish any refund on any license fee; provided, that such prohibitions, limitations or curtailment is made for the purpose of protecting the public’s health, safety or welfare.

(Ord. 1575; Code 1991, 11-314)

It shall be unlawful for any person to swim, wade or hunt or discharge firearms or to engage in camping on or about Lake Augusta-Garvin Park; provided, that any person over 16 years of age may wade in the lake for the sole and only purpose of recovering fishing equipment lost or snagged in the lake.

(Ord. 1575; Code 1991, 11-315)

Any public safety officer, caretaker or any other person authorized by the city to enforce this article shall have the power to revoke any license issued hereunder or to exclude or reject any person from the premises when such person or holder of license in the sound discretion of the safety officer, caretaker or other authorized person is found to be violating any section of this article and such person or holder of license shall not be entitled to re-enter the park except with the consent of a majority of the governing body.

(Ord. 1575; Code 1991, 11-316)

It shall be unlawful for any person to be upon the surface of Lake Augusta-Garvin Park or Santa Fe Lake, when the surface is frozen, partially or completely, or appears to be frozen, whether on foot or using a devise to move across the surface of the lake. Further, it shall be unlawful to throw, cast upon or propel any object upon the surface of the lake when the surface is frozen or appears to be frozen.

(Ord. 1996; Code 2010)