City of Maryville, MO
Nodaway County
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Table of Contents
Table of Contents
[R.O. 2008 §212.010; Ord. No. 5448 §1, 7-29-1996]
The provisions of this Chapter govern the use and management of the Mozingo Park.
[R.O. 2008 §212.020; Ord. No. 5448 §1, 7-29-1996]
When used in this Chapter, the following words and phrases shall have the following meanings. If any words or phrases are not defined by this Chapter, but are defined in the State laws regulating the use of parks, the State definition shall apply.
ALL-TERRAIN VEHICLE
Any motorized vehicle manufactured and used exclusively for off-highway use, which is fifty (50) inches or less in width, with an unladen dry weight of six hundred (600) pounds or less, traveling on three (3), four (4) or more low pressured tires, with a seat design to be straddled by the operator and handlebars for steering control.
CLASS OF VESSELS
Those classes as set forth in Chapter 306, RSMo.
DESIGNATED AREAS
Those areas designated by the purpose described as set forth on the Official Map for Mozingo Park as approved by the City Council of the City of Maryville, Missouri.
FIREWORKS
Any composition or device for producing a visible, audible, or both visible and audible effect by combustion, deflagration, or detonation and that meets the definition of consumer, proximate, or display fireworks as set forth by 49 CFR Part 171 to end, United States Department of Transportation hazardous materials regulations, and American Pyrotechnics Association 87-1 standards.
MOTOR VEHICLE
Any self-propelled vehicle not operated exclusively on tracks.
MOZINGO PARK
All land, shoreline and any body of water, including lakes, ponds, streams or tributaries owned, whether in whole or in part, or controlled by the City of Maryville, Missouri, and located upon the real estate adjoining Highway 136 East, also known as the Mozingo Creek Watershed Project.
PARK
Mozingo Park.
PERSONAL WATERCRAFT
A class of vessel, which is less than sixteen (16) feet in length, propelled by machinery which is designed to be operated by a person sitting, standing or kneeling on the vessel, rather than being operated by a person sitting or standing inside the vessel.
SKI MIRROR, APPROVED
Ski mirror approved by the Missouri State Water Patrol defined by the following parameters: three (3) inches in height, eight (8) inches in length and being convexed (curved outward) in a shape to give one hundred eighty degrees (180°) of vision behind the operator. However, large flat mirror such as those found on professional ski boats are also acceptable for skiing operations.
SLOW, NO WAKE ZONE
"Slow, no wake zone" "idle speed" and "no wake area" are areas in which vessels must operate at idle speed. "Idle speed" is the slowest speed at which a vessel will move through the water while able to maintain course. A vessel operating at idle speed creates very little boat wake.
VESSEL
Every motorboat and every description of motorized watercraft, and any watercraft more than twelve (12) feet in length which is powered by sail alone or by a combination of sail and machinery, used or capable of being used as a means of transportation on water, but not any watercraft having as the only means of propulsion a paddle or oars.
WASTEWATER
Liquid and water carried waste and sewage, whether treated or untreated.
WATERCRAFT
Any boat or craft, including a vessel, used or capable of being used as a means of transport on waters.
WATERWAY
Any body of water, lake, pond, stream or waterway owned or controlled by the City of Maryville at Mozingo Park.
[R.O. 2008 §212.030; Ord. No. 5448 §1, 7-29-1996]
A. 
Establishment. Park Security Officers shall assist in the control, management and protection of the Mozingo Park, including park property, waterways and all wildlife, natural and cultural resources of the park.
B. 
General Duties. Park Security Officers shall strive to assure the convenience and safety of all persons using the Mozingo Park as permitted by this Chapter.
C. 
Enforcement. Park Security Officers, in conjunction with Maryville Public Safety Officers, shall have authority to enforce all regulations set forth in this Chapter or as otherwise established in the Maryville Municipal Code.
[R.O. 2008 §212.040; Ord. No. 5448 §1, 7-29-1996]
A. 
Quiet Hours. Quiet shall be maintained daily at Mozingo Park between the hours of 10:30 P.M. and 6:00 A.M.
B. 
Park Closing. The park may be closed to the public entirely or closed for certain uses for a period of time as directed by the City Council or the City Manager. Said closing shall be effected by the posting of signs or other means which notify the public that the park or a portion thereof is closed to the public. During the period of time when the park or any portion or use thereof is closed, no unauthorized person shall enter or occupy the park contrary to posted notices.
[R.O. 2008 §212.050; Ord. No. 5448 §1, 7-29-1996]
A. 
Sales And Concessions. Sales and advertisements of merchandise or other goods for sale or hire in Mozingo Park are prohibited except by written permission of the City Council of the City of Maryville, or under licenses as otherwise provided by this Chapter.
B. 
Display Of Written Permits. Written permits issued pursuant to this Section for the sale or advertisement of merchandise or other goods for sale or hire in Mozingo Park shall be displayed conspicuously at all times.
C. 
Schedule Of Fees And Charges. Fees and charges shall be in conformity to the schedule establishing charges for concession items, souvenirs, rental fees and related charges for the use of City recreational equipment and for the use of the park facilities at Mozingo Park as adopted by the City Council. Fees and charges shall remain in effect until superseded. The provisions of this Section do not apply to fees set by concession contracts.
[R.O. 2008 §212.060; Ord. No. 5448 §1, 7-29-1996; Ord. No. 6030 §1, 2-23-1998; Ord. No. 6232 §1, 9-20-1999]
A. 
Operation. Motor vehicles may only be operated only on designated roadways or in designated parking areas. No person shall operate any motor vehicle through, around or beyond a restrictive sign, recognizable barricade, fence, gate or other traffic control barrier device.
B. 
All-Terrain Vehicles. No person shall operate an all-terrain vehicle in Mozingo Park.
C. 
Truck Sizes. No person shall operate a truck rated over one and one-half (1½) tons in Mozingo Park, unless authorized by the City.
D. 
Speed Limits.
1. 
The speed limit on all paved and gravel roads within Mozingo Lake Park, unless otherwise marked, shall be twenty (20) miles per hour.
2. 
The speed limit in the RV Park area shall be fifteen (15) miles per hour.
3. 
The City Manager is hereby directed to post signs along the roads in Mozingo Lake Park which specify the miles per hour speed limit.
[R.O. 2008 §212.070; Ord. No. 5448 §1, 7-29-1996]
A. 
Motor Vehicle. It shall be unlawful for any person to park or leave unattended any motor vehicle except in areas clearly designated for vehicle parking.
B. 
Trailers. It shall be unlawful for any person to park or leave unattended any motor vehicle with attached trailer, or trailer alone, except in places clearly designated for trailer parking.
C. 
Horse Trailer Parking. No person shall park a trailer or other conveyance designed to transport horses in the designated trail head parking area without a permit. Permits shall be issued for a definite time and duration and will not be transferable. Permits must be clearly displayed on the rear trailer or transport.
D. 
Handicapped. It shall be unlawful for any person to stop, park or leave attended or unattended, a motor vehicle or trailer within an area where any authorized signs are erected or other markings exist, designating an area for handicapped parking, unless that person is entitled to, and that vehicle bears and properly displays a valid, distinguishing license plate or placard, issued by the State in which the owner is a resident.
[R.O. 2008 §212.080; Ord. No. 5448 §1, 7-29-1996]
Whenever a Public Safety Officer finds a motor vehicle or trailer parked in violation of any of the provisions of this Chapter, such officer is authorized to remove such vehicle or require the driver or other person in charge of the vehicle to do so.
[R.O. 2008 §212.090; Ord. No. 5448 §1, 7-29-1996; Ord. No. 5519 §1, 4-21-1997]
A. 
Firearms and Other Weapons. With the exception of Law Enforcement Officers, Police Officers and others authorized by law, no person shall use, carry or possess any longbow, crossbow, sling shot, pistol, revolver, rifle, shot gun, air gun, spring gun or any other weapon in which the force used to propel projectiles is gunpowder, compressed air, or springs or any other instrument that can be loaded with and fire blank cartridges. However, nothing in this Section shall be construed to prohibit the lawful hunting of wildlife by persons who have obtained a valid Mozingo Park hunting permit issued by the Maryville Department of Public Safety.
B. 
Skeet Range. This Section shall not prohibit the use of firearms or other authorized weapons on a skeet range solely on the area designated by Northwest Missouri State University and in accordance with all rules and regulations promulgated for the use of said skeet range.
C. 
Archery Equipment. Nothing in this Section shall prevent the firing of any crossbow or longbow in designated areas at Mozingo Park and in accordance with the applicable regulations thereof. However, it shall be unlawful to possess, shoot, or use any type of archery equipment on any designated archery range without first purchasing a proper archery permit from the Maryville Public Safety Department.
D. 
Shooting Into Park. No person shall discharge a firearm or other weapon into the park from outside park boundaries.
[R.O. 2008 §212.100; Ord. No. 5448 §1, 7-29-1996; Ord. No. 5520 §1, 4-21-1997; Ord. No. 6485 §1, 7-15-2002; Ord. No. 6873 §§1 — 2, 10-23-2006; Ord. No. 7087 §1, 2-9-2009; Ord. No. 7158 §1, 10-12-2009]
A. 
Hunting, under Statewide permits, seasons, methods, and limits, is permitted in Mozingo Park in accordance with the provisions of Chapter 12 of the Wildlife Code of Missouri except as further restricted below.
1. 
Hunting is restricted to that area of Mozingo Park as depicted on the official map, which is attached as Exhibit A, of Ordinance No. 7087 and is on file in the office of the City Clerk. That area is generally described as the area of Mozingo Park located north of 245th Street on the west side of the lake and north of 230th Street on the east side of the lake. However, the area of authorized hunting as depicted on the official map referred to in this Section shall be controlling.
The following species can be found at Mozingo Park and are allowed to be hunted during seasons specified by Chapter 12 of the Wildlife Code of Missouri: Waterfowl (with non-toxic ammunition only), woodcock, dove, rail, snipe, pheasant, quail, rabbit, squirrel, deer (bow hunting only), turkey (bow hunting only), bullfrogs and green frogs (only by hand, handnet, atlatl, gig, snagging, snaring, grabbing, or pole and line).
B. 
Single-Projectile Firearms Prohibited. Subject to the provisions of Section 212.090(A), it shall be unlawful for any person to use, carry, possess or discharge a single-projectile firearm anywhere in Mozingo Park.
C. 
Shotguns. Hunters may not use any weapon other than a shotgun or bow to hunt upon the property at Mozingo Park. It shall be unlawful to use any single-projectile weapon or single-projectile ammunition at Mozingo Park.
D. 
Trapping. It shall be unlawful for any person to set or possess in Mozingo Park any metal, plastic or wooden traps unless authorized by the City Manager or his/her designee through a trapping permit. The applicant shall provide a copy of his/her Missouri trapping license, photo identification, and must agree to a hold harmless agreement, releasing the City of any liability. The City reserves the right to limit the number of permits approved, the time period of trapping and number of animals trapped. If trapping is authorized, trappers must comply with Chapter 8 of the Wildlife Code of Missouri.
E. 
Tree Stands. Portable tree stands may be placed at Mozingo Park only from (September 1 — January 31). The stands must be identified with the full name and address of the owner and shall be removed from Mozingo Park by February first (1st). The use of any item which will damage the ground, trees or foliage of Mozingo Park is prohibited.
[R.O. 2008 §212.110; Ord. No. 5448 §1, 7-29-1996]
A. 
No person shall feed or bait any wildlife, including all mammals, birds (excluding feeding at designated songbird stations), deer, raccoons and other species of wildlife, which feeding:
1. 
Results in a threat to the public health, safety or welfare of park visitors, patrons or employees; or
2. 
Draws birds or wildlife to an area for any purpose, including hunting or poaching.
B. 
Non-Game Fish. Except at designated fish feeding stations, no person shall feed non-game fish.
[R.O. 2008 §212.120; Ord. No. 5448 §1, 7-29-1996]
A. 
Domestic Animals. No person shall bring or keep any domestic animal into Mozingo Park, unless such animal be under the immediate and direct control of such person and is on a leash not exceeding six (6) feet in length. This restriction applies to cats, dogs and other domestic animals.
B. 
Horseback Riding. No person shall engage in horseback riding in Mozingo Park, except on designated paths or in designated areas.
C. 
Livestock. No person shall graze any livestock in or on Mozingo Park.
[R.O. 2008 §212.130; Ord. No. 5448 §1, 7-29-1996]
A. 
Definition. "Migratory waterfowl" shall be understood to include any species of birds commonly known as swans, geese, brants, river and sea ducks, and any other waterfowl falling under the jurisdiction of the Missouri Conservation Commission or otherwise defined by the Commission as migratory waterfowl.
B. 
Feeding Prohibitions. No person shall feed any migratory waterfowl or create or allow any condition to exist which results in the congregation or congestion of migratory waterfowl which:
1. 
Results in an accumulation of waterfowl feces or droppings;
2. 
Results in damage of flora, fauna, or private public property;
3. 
Results in a threat to the public health, safety, or welfare; or
4. 
Results in a threat to the health, safety, or welfare of migratory waterfowl.
[R.O. 2008 §212.140; Ord. No. 5448 §1, 7-29-1996; Ord. No. 7087 §1, 2-9-2009; Ord. No. 7158 §1, 10-12-2009]
A. 
Fish may be taken from Mozingo Park in accordance with the provisions of Chapter 12 of the Wildlife Code of Missouri.
B. 
However, fishing from docks reserved for boats is prohibited, and accessing Mozingo Lake while ice covered is at your own risk.
[R.O. 2008 §212.150; Ord. No. 6058 §§1 — 4, 4-27-1998; Ord. No. 7311 §1, 3-28-2011]
A. 
Fishing Tournaments Permitted. Fishing tournaments, in which a group of persons participate in a competition to catch fish from boats, are hereby permitted at Mozingo Lake.
B. 
Tournament Rules And Regulations. The following rules and regulations shall apply to all groups and persons participating in fishing tournaments at Mozingo Lake:
1. 
No more than one (1) fishing tournament per day is permitted at Mozingo Lake.
2. 
Fishing tournaments may begin no earlier than thirty (30) minutes prior to sunrise and must be concluded within eight (8) hours of starting time.
3. 
Fishing tournaments must be scheduled in advance through the office of the City Clerk.
4. 
All requests for fishing tournaments must be accompanied by the name of the sponsoring entity and include the name, address and telephone number of the tournament director.
5. 
Persons participating in fishing tournaments shall maintain and use a livewell for the keeping of fish on their boats.
6. 
Tournament participants shall return to the lake all fish that are caught.
C. 
Fees. The following fees shall apply for fishing tournaments:
1. 
A registration fee for each tournament of one hundred dollars ($100.00), such fee to be paid at the time the lake is reserved for the tournament.
2. 
Each boat participating in a fishing tournament must display an appropriate Mozingo Lake access permit sticker.
D. 
Point Of Access. The staging area and lake access point for all fishing tournaments shall be at the boat ramp located on the east side of Mozingo Lake on 245th Street.
[R.O. 2008 §212.160; Ord. No. 5448 §1, 7-29-1996]
The natural terrain, plants and animals shall not be disturbed in any way. No person shall collect, destroy or remove any tree, plant or other vegetation from the Mozingo Park or its waterways. However, this provision shall not prohibit the harvesting of mushrooms and berries. Dead, fallen wood may be collected for use as firewood at park campgrounds and picnic areas. However, no person shall collect standing timber for use as firewood.
[R.O. 2008 §212.170; Ord. No. 5448 §1, 7-29-1996]
A. 
Swimming. No person shall swim, bathe or wade, nor shall any person float in or on any non-licensed device in the Mozingo Park, except in specifically designated areas. No person shall swim from any privately owned boat, including from any boat which is moored. No person shall swim in the area of any boat ramp.
B. 
Designated Beaches. Upon payment of the appropriate fee therefore, persons may swim at designated Mozingo Park beach areas during the hours established and subject to the rules promulgated and posted at beach areas.
C. 
Diving Or Jumping From Bridge. No person shall dive or jump from any bridge or natural structure into the Mozingo Lake or any waterway thereof.
D. 
Glass Bottles And Cans. No glass containers or cans of any type shall be possessed on the designated beach or where such prohibition is designated.
[R.O. 2008 §212.180; Ord. No. 5448 §1, 7-29-1996; Ord. No. 6471 §1, 6-10-2002]
A. 
Hot Air Balloons. No person shall launch, float or land a hot air balloon at Mozingo Park, except at a designated site and in accordance with permits and regulations promulgated by the City Council. The City Council may authorize such launches as a special event.
B. 
Ultralight Aircraft. No person shall operate any ultralight aircraft on any portion of Mozingo Park.
C. 
Bicycles/Mountain Bikes/All-Terrain Bikes. The operation of bicycles, mountain bikes and all-terrain bikes is authorized except in area in which such operation is specifically prohibited and in which said prohibition is posted. As used in this Section, the term "bike" or "bicycle" shall not include any motorized bike, any motorized bicycle or any other motorized means of transportation.
D. 
Snowmobiles. No person shall operate any snowmobile or other similar vehicle at Mozingo Park.
[R.O. 2008 §212.190; Ord. No. 5448 §1, 7-29-1996; Ord. No. 7087 §1, 2-9-2009; Ord. No. 7158 §1, 10-12-2009]
Operation of motorized vehicles off roadways is prohibited.
[R.O. 2008 §212.200; Ord. No. 5448 §1, 7-29-1996]
A. 
The following Section shall apply to radio controlled aircraft:
1. 
Operation of radio-controlled aircraft or boats. No person shall operate radio-controlled aircraft or boats except in areas designated for such operation.
2. 
Display of frequency and channel. Any person operating a radio-controlled aircraft within designated areas in Mozingo Park shall prominently display on the transmitter at all times, frequency flags and transmitter numbers.
3. 
Liability insurance required. No person shall operate a radio-controlled aircraft or boat on or above park land or waterways unless said person has liability insurance at least at minimum limits offered by the Academy of Model Aeronautics to its members, with regard to the aircraft or minimum limits offered by the American Powerboat Association to its members, with regard to boats. Any person holding a current Academy of Model Aeronautics membership card will be presumed to have met the above requirement with regard to aircraft. Any person holding a current American Power Boat Association membership card will be presumed to have met the above requirement with regard to boats.
4. 
Permits. It shall be unlawful for any person to operate any type of radio-controlled equipment for the purpose of operating miniature model airplanes, ground running vehicles, waterborne boats or vehicles, rockets or any other similar device within the physical boundary of the Mozingo Park without first purchasing the proper operating permit.
5. 
Radio-controlled flying field sound level. No person shall operate any radio-controlled flying device with a sound level in excess of ninety-eight (98) decibels on an "A" weighted scale measured from a distance of fifty (50) or more feet.
[R.O. 2008 §212.210; Ord. No. 5448 §1, 7-29-1996]
No person shall land or take off an airplane or hydroplane in Mozingo Park.
[R.O. 2008 §212.220; Ord. No. 5521 §1, 4-28-1997; Ord. No. 6078 §1, 6-22-1998; Ord. No. 6272 §1, 4-10-2000; Ord. No. 6470 §1, 6-10-2002; Ord. No. 6743 §§1 — 2, 4-11-2005; Ord. No. 6872 §§1 — 2, 10-23-2006; Ord. No. 6887 §§1 — 2, 12-11-2006; Ord. No. 6920 §1, 7-9-2007; Ord. No. 7349 §1, 8-8-2011; Ord. No. 7397 §§1 — 2, 2-13-2012; Ord. No. 7586 §1, 12-23-2013; Ord. No. 7802 §1, 10-26-2015; Ord. No. 8007A, 9-25-2017[1]]
A. 
Camping Fees. The following fees are established for camping at Mozingo Lake Recreation Park. For the purposes of this Section, peak season shall be from April 1 through October 31, and off season shall be from November 1 through March 31 of the following year.
1. 
RV Camping.
a. 
Peak season: twenty-five dollars ($25.00) per night.
b. 
Off season: eighteen dollars ($18.00) per night.
c. 
Excessive Water Usage. Water usage at the RV camping shall be designated only for use within the RV unit renting space. Any additional usage, including but not limited to washing of vehicles of any kind, sprinklers, slip and slides, etc., shall require an additional fee of five dollars ($5.00) per RV campsite per day.
2. 
Reserved RV Camping. Twenty (20) spaces, being spaces 76 thru 95 of the Mozingo Lake RV Park and thirteen (13) spaces being 301 thru 313 of the Mozingo Lake Equestrian RV Park. Signs shall be posted at the designated locations denoting reservation requirements and availability.
a. 
Peak season: twenty-five dollars ($25.00) per night.
b. 
Off season: eighteen dollars ($18.00) per night.
c. 
Reservation Fee: At the time the reservation is made, a one-time reservation fee of ten ($10.00) shall be paid for each RV space rented.
d. 
Reservations. All reservations shall be made no more than one hundred and eighty (180) days (six (6) months) prior to the first day of reservation and shall not be accepted beyond the Tuesday of the same week the reservation is made for. Camping fees shall be paid at the time reservations are made and will be non-refundable.
e. 
Check Out. Check-out time for reserved RV camping is 3:00 P.M. Any vehicle occupying a space beyond 3:00 P.M. shall be charged another day's fee.
3. 
Tent Camping — Primitive.
a. 
Peak season and off season: ten dollars ($10.00) per night per tent.
b. 
Group tent camping (youth camp area): two dollars ($2.00) per night per person.
c. 
Group tent camping (youth camp area, non-profit organization): one dollar ($1.00) per night per person.
B. 
Boat Fees.
1. 
Permit Sticker, Non-Motor.
a. 
Daily pass: five dollars ($5.00).
b. 
Annual pass: thirty-five dollars ($35.00).
2. 
Permit Sticker Motor.
a. 
Daily pass: nine dollars ($9.00).
b. 
Annual pass: forty-five dollars ($45.00).
3. 
Permit Sticker Display. It shall be unlawful for any person to operate a boat or personal watercraft at Mozingo Lake Recreation Park which does not visibly and conspicuously display a lake use permit sticker issued by the City of Maryville on the left side hull of the boat or on the left side windshield.
C. 
Boat Slips. Boat slips shall be established near the area of the RV camping site, family cabin site, and tent camping site at Mozingo Lake Recreation Park. Within each boat dock there shall be established areas specifically designated as loading zones and other areas designated for boat slip rental.
1. 
Free Loading Zones. Any area designated by signage as a loading zone may be used by an operator of a boat on Mozingo Lake for the purpose of loading or unloading passengers or cargo for short periods of time. It shall be unlawful for the operator of any boat to occupy any loading zone for a continuous period exceeding thirty (30) minutes. After using the loading zone, any boat shall not make use of the zone for a period of at least thirty (30) minutes before again using the loading zone. There shall be no charge for the use of such loading zone, and it shall be occupied on a first-come, first-served basis within the parameters of the foregoing time limitations.
2. 
Boat Slip Area. Other areas within the boat dock areas shall be designated as slip rental areas to be used by RV campers and tent campers upon payment of the requisite fee. A boat slip at the docking area may be rented on a first-come, first-served basis, but may be rented only to individuals at the same time the individual is paying the fee to use the RV park area or tent camping area. The rental of said boat slips shall be restricted to individuals who are actually parking an RV in the RV park area or actually camping in the tent camping area of Mozingo Lake Recreation Park and additionally are towing a boat for use on Mozingo Lake.
3. 
Boat Slip Fee. The fee for a boat slip at the boat dock area shall be eight dollars ($8.00) per day, payable in advance at the time the fee for the RV park rental or tent camping rental is collected. No boat slip may be rented continuously either to the same person or for the same boat for a continuous period of greater than seven (7) days.
4. 
Rental Period. The fee charged pursuant to this Section shall entitle the lessee to use the boat slip for a twenty-four (24) hour rental period commencing at 3:00 P.M. local time on the day for which rental is sought and ending at 2:59 P.M. the next day. As used in this Section, the term "day" shall be understood to represent the twenty-four (24) hour period commencing with the 3:00 P.M. rental period.
5. 
Boat Slip Violations. It shall be illegal for any individual to possess, operate or dock a boat in violation of these regulations, including:
a. 
Docking a boat at, using or blocking use of the loading zone for a continuous period of greater than thirty (30) minutes.
b. 
Docking a boat at a boat slip without having paid the requisite fee and/or without the boat bearing proof of said payment.
D. 
Cabin Rental Fees. The following fees and deposits are established for rental of the cabins at Mozingo Lake Recreation Park. In each circumstance, the highest rate applicable to the rental date shall apply. For the purposes of this Section, peak season shall be from April 1 through November 30, and off season shall be from December 1 through March 31 of the following year.
1. 
Small Family Cabins. Cabins 1, 2, 3 and 6 are considered small family cabins. Cabins 1, 2, and 3 are one-bedroom and sleep six (6) persons each. Cabin 6 is one-bedroom and sleeps four (4) persons. The following rates shall apply to small family cabins:
a. 
Peak Season.
(1) 
Sunday through Thursday rentals: one hundred dollars ($100.00) per night.
(2) 
Friday, Saturday and holiday rentals: one hundred twenty dollars ($120.00) per night.
b. 
Off Season.
(1) 
Sunday through Thursday rentals: seventy-five dollars ($75.00) per night.
(2) 
Friday, Saturday and holiday rentals: ninety dollars ($90.00) per night.
2. 
Medium Family Cabins. Cabin 4 is considered a medium family cabin. This cabin is two-bedroom and sleeps ten (10) persons. The following rental rates shall apply to medium family cabins:
a. 
Peak Season.
(1) 
Sunday through Thursday rentals: one hundred forty-five dollars ($145.00) per night.
(2) 
Friday, Saturday and holiday rentals: one hundred seventy dollars ($170.00) per night.
b. 
Off Season.
(1) 
Sunday through Thursday rentals: one hundred twenty dollars ($120.00) per night.
(2) 
Friday, Saturday and holiday rentals: one hundred thirty-five dollars ($135.00) per night.
3. 
Large Family Cabins. Cabins 5 and 7 are considered large family cabins. These cabins are two-bedroom and sleep twelve (12) persons. The following rental rates shall apply to large family cabins:
a. 
Peak Season.
(1) 
Sunday through Thursday rentals: one hundred seventy dollars ($170.00) per night.
(2) 
Friday, Saturday and holiday rentals: one hundred ninety dollars ($190.00) per night.
b. 
Off Season.
(1) 
Sunday through Thursday rentals: one hundred forty dollars ($140.00) per night.
(2) 
Friday, Saturday and holiday rentals: one hundred sixty dollars ($160.00) per night.
4. 
Extra-Large Family Cabins. Cabin 8 is considered an extra-large family cabin. This cabin is a three-bedroom and sleeps sixteen (16) persons. The following rental rates shall apply to the extra-large family cabin:
a. 
Peak Season.
(1) 
Sunday through Thursday rentals: two hundred dollars ($200.00) per night.
(2) 
Friday, Saturday and holiday rentals: two hundred thirty dollars ($230.00) per night.
b. 
Off Season.
(1) 
Sunday through Thursday rentals: one hundred seventy dollars ($170.00) per night.
(2) 
Friday, Saturday and holiday rentals: one hundred ninety dollars ($190.00) per night.
5. 
Holiday Rates. The holiday rental rates shall apply during the period forty-eight (48) hours preceding the holiday until forty-eight (48) hours after the holiday and shall prevail over any other rates. For example, if July 4 is the holiday, holiday rate would be charged for the evenings of July 2 through July 6. Holiday rates shall apply to the following holidays: Easter Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day, Christmas Eve, Christmas Day and New Year's Eve. In the event a rental on a holiday period includes either Friday or Saturday, the weekend rental requirement shall apply, and both Friday and Saturday night must be rented.
6. 
Weekly Rates. If a unit is rented for seven (7) or more consecutive nights, the applicable rental rates for the entire stay shall be reduced by fifteen percent (15%).
7. 
Taxes. All applicable taxes shall be applied to the unit rental rates.
8. 
Reservations. Reservations may be made in advance up to one (1) year prior to the date of the rental period. The tenant shall execute such rental agreements and other documents as promulgated by the City and shall pay all deposits required by this Section and/or the rental agreement at the time of making said reservation.
9. 
Deposits.
a. 
A reservation deposit equal to the total rental cost for the entire stay shall be paid at the time the reservation is made.
b. 
At the time the reservation is made, in addition to the reservation deposit, a cleaning/damage deposit shall be paid in the amount of one hundred dollars ($100.00) for each cabin rented.
c. 
Deposits shall be returned upon the following conditions:
(1) 
If the reservation is canceled sixty (60) or more days prior to the first rental date, the entire reservation deposit and the entire cleaning/damage deposit shall be refunded.
(2) 
If the reservation is canceled fifty-nine (59) days to fifteen (15) days prior to the first rental date, a late cancellation fee of twenty-five percent (25%) of the entire reservation deposit up to a maximum of one hundred dollars ($100.00) shall be retained by the City, and the balance of the reservation deposit shall be refunded. The entire cleaning/damage deposit shall be refunded.
(3) 
If the reservation is canceled fourteen (14) or fewer days prior to the first rental date, the entire reservation deposit shall be forfeited to the City. The entire cleaning/damage deposit shall be refunded.
(4) 
The cleaning/damage deposit shall be returned after inspection of the unit by the City, if the unit is returned in satisfactory condition, ordinary wear and tear expected. In the event damages exist or cleaning is necessary, the actual costs of repair or cleaning and reasonable labor costs shall be applied first to the deposit, and any additional amounts shall be paid by the renter.
10. 
Return Of Deposit. Any excess deposit shall be returned within fifteen (15) days of the end of the rental period or termination of the reservation, whichever is applicable.
11. 
Weekend/Maximum Rental Periods.
a. 
Weekend Rental Period. Weekend rentals must include both Friday and Saturday nights.
b. 
Maximum Rental Period. The maximum consecutive rental period shall be fourteen (14) nights.
E. 
Cabin Rental And Golf Package Fees ("Stay And Play"). Discounted fees for a combined cabin rental and golf course use are determined administratively and are subject to multiple factors, including, but not limited to, market rates, tee times, cabin availability, group size, and length of stay. All requirements for cabin taxes, reservations, and deposits are outlined in Section 212.220(D).
F. 
Golf Fees. The following fees are established for standard golf operations at Mozingo Lake Recreation Park. Tournament fees and promotional rates are determined administratively and are subject to multiple factors, including, but not limited to, course availability, group size, and course staffing levels.
1. 
Sechrest 18. The following daily green, season pass, and cart pass fees are hereby established.
Daily Green Fees
Fee
9 holes (Monday through Thursday)
$16.00
9 holes (Friday through Sunday, holiday)
$18.00
18 holes (Monday through Thursday)
$25.00
18 holes (Friday through Sunday, holiday)
$28.00
Student/senior 9 holes (Monday through Thursday)
$14.00
Student/senior 18 holes (Monday through Thursday)
$20.00
Student/senior 9 holes (Friday through Sunday, holiday)
$16.00
Student/senior 18 holes (Friday through Sunday, holiday)
$23.00
Cart fees/18 holes
$15.00
Cart fees/9 holes
$10.00
Season Passes
Fee
Single, 5-day (Monday through Friday)
$450.00
Single, 7-day (Monday through Sunday)
$655.00
Family/couple
$850.00
Senior, 5-day (Monday through Friday)
$375.00
Senior, 7-day (Monday through Sunday)
$575.00
Student
$210.00
Spring pass (Jan 1 to April 30)
$120.00
Fall pass (Sept 1 to Dec 31)
$130.00
Cart Passes
Fee
Single, 5-day (Monday through Friday)
$370.00
Single, 7-day (Monday through Sunday)
$450.00
Couple/family
$625.00
Trail fee
$300.00
2. 
Watson 9. The following daily green and season pass fees are hereby established. No carts are allowed on the Watson 9.
Daily Green Fees
Fee
Adult (Monday through Thursday)
$14.00
Adult (Friday through Sunday, holiday)
$16.00
Student/senior (Monday through Thursday)
$10.00
Student/senior (Friday through Sunday, holiday)
$12.00
Junior (Monday through Sunday, holiday)
$5.00
Season Passes
Fee
Adult/senior*
$175.00
Student (16+)
$165.00
Junior (5-15)
$110.00
*
Must have Sechrest 18 season pass to purchase
G. 
Youth Cabin Fees. The following fees are established for youth cabins at Mozingo Lake Recreation Park:
Youth Cabin Fees
Type
Fee
Conditions
*Youth cabins 1 through 4
$30.00 per night, per cabin
Youth/chaperone use only
*Youth cabin 5
$40.00 per night
Youth/chaperone use only
*Youth cabin 5 for other uses
$60.00 per night, per cabin
1. All cabins referenced in Section 212.220(D) are occupied for requested time frame.
2. No youth organization has requested usage of the cabins within one (1) week prior to family request.
*Youth cabins 1 through 4 for other uses
$50.00 per night, per cabin
1. All cabins referenced in Section 212.220(D) are occupied for requested time frame.
2. No youth organization has requested usage of the cabins within one (1) week prior to family request.
*
Alcohol and smoking prohibited in these areas.
H. 
Other Fees. The following fees are established for other amenities at Mozingo Lake Recreation Park:
Park Fees
Type
Fee
Conditions
Multipurpose building
$50.00 first day/$20.00 following consecutive days
For use by youth groups
$200.00 deposit
Multipurpose building
$100.00 per day
For use by non-profit organizations. Open to youth up to 30 days prior to rental date
$200.00 deposit
Multipurpose building
$150.00 per day
For use by business or social gathering. Open to youth up to 30 days prior to rental date
$200.00 deposit
Kiwanis shelter house
$35.00 full day
8:00 A.M. to 3:30 P.M.
$25.00 half day
4:00 P.M. to 10:30 P.M.
Pride lions shelter
$35.00 full day
8:00 A.M. to 3:30 P.M.
$25.00 half day
4:00 P.M. to 10:30 P.M.
Host lions shelter
$75.00 full day
8:00 A.M. to 3:30 P.M.
$45.00 half day
4:00 P.M. to 10:30 P.M.
Phillips shelter
$75.00 full day
8:00 A.M. to 3:30 P.M.
$45.00 half day
4:00 P.M. to 10:30 P.M.
Special event permit
$100.00
Events such as dog tournament, water skiing tournament, etc.
I. 
Penalty. Violation of this Section or any provision of any document referenced herein shall be punishable by a jail term not to exceed ninety (90) days in jail or by a fine not to exceed five hundred dollars ($500.00), or both such jail term and fine.
[1]
Editor’s Note: Ord. No. 8007A also changed the title of this Section from “Mozingo Park Fee Structure” to “Mozingo Lake Recreation Park Fee Structure.”
[1]
Editor’s Note: Former Section 212.225, Mozingo Fee Structure — Golf Fees and Park Fees, adopted and amended R.O. 2008 §212.225; Ord. No. 6875 §1, 11-6-2006; Ord. No. 6888 §1, 12-11-2006; Ord. No. 6943 §§1 — 2, 10-22-2007, was repealed 12-23-2013 by Ord. No. 7586 §2.
[R.O. 2008 §212.230; Ord. No. 5448 §1, 7-29-1996; Ord. No. 6765 §§1 — 2, 7-11-2005; Ord. No. 7348 §§1 — 2, 8-8-2011; Ord. No. 7354 §§1 — 2, 8-22-2011]
A. 
The following regulations shall apply to camping at Mozingo Park:
1. 
General. No person shall engage in camping or the overnight use of the Mozingo Park lands except in areas as shall be designated and in accordance with the promulgated rules and regulations. Such rules and regulations shall be posted at park camping areas.
2. 
Time limit. Camping at one (1) or more campsites at the Mozingo Park for a period in excess of fourteen (14) consecutive days is prohibited without written permission from the City Manager or his/her designee. Written permission is additionally required to camp at Mozingo Park in excess of fourteen (14) days during any consecutive thirty-day period.
3. 
Limit. There shall be no more than two (2) units per campsite.
4. 
Unattended camps and unattended RV campsite reservation. No campsite shall be left unattended for more than twenty-four (24) consecutive hours. Notwithstanding the foregoing, an RV campsite may only be reserved (unattended) by placing a vehicle directly upon the campsite. As used in this Subsection, the term "vehicle" shall be understood to include an automobile, truck, motor vehicle, bus, recreational vehicle, boat or other similar vehicle. RV campsites cannot be reserved (unattended) by the placement of chairs, lawn furniture, blankets, tablecloths or other similar personal property upon the site.
5. 
Cleanliness. Campsites must be cleaned daily. The cleaning of fish or the washing of clothes or dishes at water hydrants is prohibited.
6. 
Check-out time. RV and primitive campsites must be vacated not later than 3:00 P.M. on the date the campsite rental period concludes.
[Ord. No. 7361 §1, 9-26-2011]
7. 
Payment of camping fees. Upon arrival and selecting a camping site, all campers shall pay camping fees.
[1]
Editor’s Note: Former Section 212.235, Reservations for RV Camping Spaces, was repealed 9-25-2017 by Ord. No. 8007A. See Section 212.220.
[R.O. 2008 §212.240; Ord. No. 5448 §1, 7-29-1996; Ord. No. 7356 §1, 8-22-2011]
A. 
Any person making shelter house reservations must be at least twenty-one (21) years of age.
B. 
The person making the reservation shall be held responsible for the condition of the shelter house at the end of its use. The person reserving the shelter house shall also be responsible for the actions of those persons in his/her party.
C. 
Payment of reservation fees is due at the time the reservation is made. If payment in full is not received within five (5) days of the reservation, the reservation shall be considered void.
D. 
For cancellation of the reservation within fourteen (14) days of the reservation date, the rental fee shall not be refunded. For cancellations made fifteen (15) to thirty (30) days prior to the reservation date, fifty percent (50%) of the reservation fee will be refunded; thirty-one (31) days or more, the full amount shall be refunded.
[R.O. 2008 §212.250; Ord. No. 5448 §1, 7-29-1996]
No person shall dump wastewater within Mozingo Park.
[R.O. 2008 §212.260; Ord. No. 5448 §1, 7-29-1996]
A. 
Fires. It shall be unlawful for any person to ignite or maintain any fire at Mozingo Park except in ovens, stoves, fire rings or other fireplaces designated for that purpose and placed by the City of Maryville. No person shall leave a fire unattended, and all fires must be extinguished after use.
B. 
Fire Danger. When necessary for public safety, and/or protection of lands, structures or wildlife, the City Council or City Manager may prohibit all fires on the Mozingo Park land by the posting of signs to that effect. During said prohibition, no person shall ignite or maintain any fire at Mozingo Park.
[R.O. 2008 §212.270; Ord. No. 5448 §1, 7-29-1996]
No person shall use, ignite or possess fireworks of any kind at the Mozingo Park except when authorized by the City Council of the City of Maryville. The City Council may authorize the use of fireworks as a special event.
[R.O. 2008 §212.280; Ord. No. 5448 §1, 7-29-1996; Ord. No. 6031 §1, 2-23-1998; Ord. No. 6472 §1, 6-10-2002]
A. 
Boating And Watercraft.
1. 
The use and operation of all boats, motors and watercraft on all Mozingo Park lakes and waterways shall be in accordance with the laws of the State of Missouri, the Missouri Watercraft Manual and such rules and regulations as may be enacted by the Council of the City of Maryville, Missouri.
Wherever there is a conflict between the requirements of any of the foregoing, the more restrictive regulation shall apply.
2. 
It shall be unlawful for any individual to operate any boat or watercraft on Mozingo Park lakes and waterways unless the boat or watercraft is validly licensed and marked pursuant to Missouri law.
B. 
Age Limits.
1. 
The minimum age for operating a vessel in the State of Missouri is fourteen (14) years of age. No person under age fourteen (14) years of age shall operate any vessel unless such person is in the direct, on-board, visual and audible supervision of a parent, guardian or other person sixteen (16) years or older. No parent, guardian or authorized person shall knowingly permit a child under the minimum age to operate any vessel in violation of this law.
Parents and guardians are legally responsible for the underage operator and their actions.
2. 
Effective September 1, 1997, no person shall operate a personal watercraft unless age fourteen (14) or under the direct "on-board" supervision of a parent, guardian or other person at least sixteen (16) years of age.
C. 
Swimming. Swimming from a boat or watercraft shall be permitted within the "no-wake zones" of the lake as marked on the map attached to Ord. No. 6031 as Exhibit "A" and on file in the City offices. Swimming from a boat or watercraft shall not be permitted at any other location on Mozingo Lake.
1. 
All swimmers under the age of twelve (12) years must be accompanied by the swimmer's parent or guardian or accompanied by a person at least twenty-one (21) years of age.
2. 
All swimmers under the age of twelve (12) years must wear an approved life jacket.
3. 
Swimming shall be within fifty (50) feet of the watercraft or boat.
4. 
No swimming off of a boat within one hundred (100) feet of the fifteenth (15th) golf course green.
D. 
Direction And Speed. Watercraft channels and "Slow, No Wake Zones" shall be complied with as designated on the Official Map on file in the City offices.
[R.O. 2008 §212.290; Ord. No. 5448 §1, 7-29-1996; Ord. No. 6473 §1, 6-10-2002; Ord. No. 6744 §§1 — 2, 4-11-2005]
A. 
The following shall apply to the size and types of watercraft permitted at Mozingo Park:
1. 
Length of boats permitted. No person shall operate a watercraft in excess of twenty-eight (28) feet in length.
2. 
Sound level. The maximum sound level of a watercraft on any Mozingo Park lake shall not exceed eight-six (86) decibels on an "A" weighted scale, when measured from a distance of fifty (50) or more feet from the vessel. The owner must provide proof of the above upon request by a Park Security Officer or Public Safety Officer.
3. 
Speed limit. No person shall operate a boat, jet ski or other similar item in excess of forty (40) miles per hour from thirty (30) minutes before sunrise until thirty (30) minutes after sunset. No person shall operate a boat, jet ski or other similar item in excess of twenty (20) miles per hour from thirty (30) minutes past sunset until thirty (30) minutes before sunrise.
[R.O. 2008 §212.300; Ord. No. 5448 §1, 7-29-1996]
Sailboats may be sailed within designated areas and in compliance with all applicable regulations.
[R.O. 2008 §212.310; Ord. No. 5448 §1, 7-29-1996]
No person shall operate any parasailing equipment or device on any portion of the Mozingo Park except where authorized, and in accordance with the permits and regulations promulgated by the City Council. When pulling a parasail, the operator of the vessel shall have an additional observer on board to monitor the parasailer.
[R.O. 2008 §212.320; Ord. No. 5448 §1, 7-29-1996]
Wet bikes, jet boats, jet skis, jet mates, water scooters, surf jets, wave jammers, wave runners, wet jets, surfjets and hydroskis will be allowed on the Mozingo Park waterways, between sunrise and sunset on the lake's main ski zone where the clearing of trees and hazards has taken place. Personal watercraft shall follow all rules and regulations set forth for the operation of sailboards concerning location, flotation devices and wet suits. Occupancy shall not exceed the manufacturer's specifications.
[R.O. 2008 §212.330; Ord. No. 5448 §1, 7-29-1996]
A. 
No person shall operate a sailboard, windsurfer or other similarly designed craft on any Mozingo Park lake or waterway except in designated areas and in accordance with this Section.
1. 
One occupant. Only one (1) person may occupy the sailboard during its operation.
2. 
Flotation devices. The operator of any sailboard, windsurfer or similarly designed craft must wear at all times while sailboarding, a Type I, II or III personal flotation device approved by the United State Coast Guard.
3. 
Wetsuit. From October first (1st) through May fifteenth (15th), the operator and any passenger of any sailboard or personal watercraft must wear a wetsuit designed to protect the trunk, arms and legs.
4. 
Windsurfing. Windsurfing shall be allowed on the Mozingo Park waterways without restriction as to location, but shall follow all rules and regulations for the operation of sailboards concerning flotation devices and wet suits.
[R.O. 2008 §212.340; Ord. No. 5448 §1, 7-29-1996]
A. 
Waterskiing. The operating of any vessel being used to tow a person on water skis or other appropriate device approved for use on Mozingo Park lakes and waterways must have, in addition to himself/herself, at least one (1) other person on board seated as to observe the progress of the person being towed or the vessel must be equipped with an approved ski mirror. All waterskiing and other approved activity shall be conducted only from sunrise to sunset.
B. 
Direction Of Skiing. Both the operator of the towing vessel and the person or persons being towed will maneuver counter-clockwise so that the skis or other device of any person will not strike or collide with another object or person.
C. 
Waterskiing Conduct. No person will manipulate water skis or other device in a reckless or negligent manner endangering the life or property of any other person. No person shall manipulate water skis or other devices while intoxicated or under the influence of any alcohol, narcotic drug, barbiturate, marijuana or other controlled substance.
D. 
Flotation Device For Waterskiing. Any person involved in waterskiing or other approved similar activity must wear a Type I, II or III approved personal flotation device approved by the United States Coast Guard. Ski belts and other inflatables do not qualify as approved personal flotation devices.
E. 
Skier Down Flag. A flag indicating a "skier down/person in the water" is required equipment for towing a skier. This flag is to be displayed any time a person is in the water (including swimmers) and the engine of the vessel is running. Displaying of the flag is required from 11:00 A.M. to sunset, at which time it becomes illegal to ski.
1. 
Flag requirements. The color of the flag must be either red or bright orange. The flag must be square in design and measure at least twelve (12) inches on each side. When displayed, the flag must be visible for three hundred sixty degrees (360°).
2. 
Operation near flag. All boat operators in the vicinity of a displayed ski flag will be required to operate at idol speed if closer than fifty (50) yards to watercraft displaying the flag.
[R.O. 2008 §212.350; Ord. No. 5448 §1, 7-29-1996]
No person shall operate an airboat or hovercraft at Mozingo Park.
[R.O. 2008 §212.360; Ord. No. 5448 §1, 7-29-1996]
A. 
The following Section shall apply to scuba diving at the Mozingo Park:
1. 
Permission to dive. Any person wishing to scuba dive at Mozingo Park lakes and waterways must contact the office of the City Manager at least twenty-four (24) hours prior to their dive and inform the City Manager as to the time, location, purpose and number of persons involved in the dive.
2. 
Area. No person shall scuba dive except in areas designated for that purpose.
3. 
Release prior to dive. Parties involved in an approved diving activity must sign a waiver releasing the City of Maryville and its employees from all responsibility which results from the diving activity. Said release shall be executed on a form approved by the City of Maryville.
4. 
Diving flag. During all diving operations, an approved diving flag must be displayed and shall meet the following:
a. 
Flag specifications. The diving flag shall be a minimum of twelve (12) inches tall by sixteen (16) inches wide and red in color with a two (2) inch wide white diagonal stripe running from the top left corner to the lower right corner.
b. 
Flag visibility. The diving flag must be visible for three hundred sixty degrees (360°) and stand three (3) feet above the water.
5. 
Diving location. All diving must be done within a fifty (50) yard radius of the flag. All boat operators must stay at least fifty (50) yards away from the diver's flag.
6. 
Diving restrictions. Diving shall not impede or interfere with the normal flow of traffic.
[R.O. 2008 §212.370; Ord. No. 5448 §1, 7-29-1996]
A. 
Loading Restrictions. Watercraft may not be loaded beyond the capacity or number of persons recommended by the manufacturer. Loading restrictions shall not be construed to permit the loading of boats in excess of a maximum safe load for existing weather, operating conditions or type and condition of the boat.
B. 
Flotation System. To license a rubber, plastic or other similar constructed air chamber craft for operation on any Mozingo Park lake, waterway or creek, such craft shall have at least three (3) separate air chambers and solid bottoms and transoms.
[R.O. 2008 §212.380; Ord. No. 5448 §1, 7-29-1996]
All tournaments, regattas, races, parades or exhibitions held on the Mozingo waterways must be authorized. Authorization for any of these events can only be made by the Maryville City Council and either the Missouri State Water Control or the Federal Government. All activities may be subject to limitations. An application for such an event must be filed at least fifteen (15) days prior to commencement.
[R.O. 2008 §212.390; Ord. No. 5448 §1, 7-29-1996]
A. 
Class 1 And Class 2 Watercraft. No person shall operate or in otherwise ride as a passenger in any Class 1 or Class 2 watercraft unless such vessel shall have on board at least one (1) wearable personal flotation device of Type I, II or III, as approved by the United States Coast Guard, in serviceable condition and readily accessible for each person on board said watercraft and for each person being towed by said watercraft who is not wearing such device, plus one (1) extra approved Type IV throwable personal flotation device. Ski belts and inflatables do not qualify as approved personal flotation devices.
B. 
Class A Watercraft. No person shall operate or otherwise ride as a passenger in a Class A watercraft unless such boat shall have on board at least one (1) personal flotation device of Type I, II or III, as approved by the United States Coast Guard, in serviceable condition and readily accessible for each person on board said watercraft and for each person being towed by said watercraft who is not wearing said device. Ski belts and inflatables do not qualify as approved personal flotation devices.
C. 
Personal Flotation Devices — Children. No person shall operate or otherwise ride as a passenger in a vessel, sailboat, canoe, kayak, or any other similar watercraft, containing any person under the age of seven (7) years, unless each such person under the age of seven (7) years is wearing a United States Coast Guard approved personal flotation device. Ski belts and inflatables do not qualify as approved personal flotation devices.
[R.O. 2008 §212.400; Ord. No. 5448 §1, 7-29-1996]
No person shall launch a boat, raft or other watercraft from any area except the areas designated and maintained by the City of Maryville for such purpose. All watercraft which are transported by trailer must be launched from the designated boat ramp area.
[R.O. 2008 §212.410; Ord. No. 5448 §1, 7-29-1996]
No person shall exceed ten (10) minutes docking time for loading or unloading passengers or materials within the public docks and ramp areas within the park lands.
[R.O. 2008 §212.430; Ord. No. 5448 §1, 7-29-1996]
A. 
No person shall operate any vessel, canoe or kayak or other watercraft between sunset and sunrise, unless such watercraft shall exhibit running lights in the following manner:
1. 
For the purpose of this Section, vessels shall be divided into four (4) classes as follows:
a. 
Class A, less than sixteen (16) feet in length;
b. 
Class 1, at least sixteen (16) and less than twenty-six (26) feet in length;
c. 
Class 2, at least twenty-six (26) and less than forty (40) feet in length;
d. 
Class 3, forty (40) feet and over.
2. 
All vessels shall display from sunset to sunrise the following lights when under way, and during such time no other lights, continuous spotlights or docking lights, or other non-prescribed lights shall be exhibited:
a. 
Vessels of classes A and 1:
(1) 
A bright white light aft to show all around the horizon;
(2) 
A combined light in the forepart of the vessel and lower than the white light aft, showing green to starboard and red to port, so fixed as to throw the light from right ahead to two points (22½ degrees) abaft the beam on their respective sides;
b. 
Vessels of classes 2 and 3:
(1) 
A bright white light in the forepart of the vessel as near the stem as practicable, so constructed as to show the unbroken light over an arc of the horizon of twenty points (225 degrees) of the compass, so fixed as to throw the light ten points (112½ degrees) on each side of the vessel; namely, from right ahead to two points (22½ degrees) abaft the beam on either side;
(2) 
A bright white light aft to show all around the horizon and higher than the white light forward;
(3) 
On the starboard side a green light so constructed as to show an unbroken light over an arc of the horizon of ten points (112½ degrees) of the compass, so fixed as to throw the light from right ahead to two points (22½ degrees) abaft the beam on the starboard side; on the port side a red light so constructed as to show an unbroken light over an arc of the horizon of ten points (112½ degrees) of the compass, so fixed as to throw the light from right ahead to two points (22½ degrees) abaft the beam on the portside. The side lights shall be fitted with inboard screens so set as to prevent these lights from being seen across the bow;
c. 
Vessels of classes A and 1 when propelled by sail alone shall exhibit the combined light prescribed by this section and a twelve point (135 degree) white light aft. Vessels of classes 2 and 3, when so propelled, shall exhibit the colored side lights, suitably screened, prescribed by this section and a twelve point (135 degree) white light aft;
d. 
All vessels between the hours of sunset and sunrise that are not under way, moored at permanent dockage or attached to an immovable object on shore so that they do not extend more than fifty feet from the shore shall display one three-hundred-sixty-degree white light visible three hundred sixty degrees around the horizon;
e. 
Every white light prescribed by this section shall be of such character as to be visible at a distance of at least two (2) miles. Every colored light prescribed by this section shall be of such character as to be visible at a distance of at least one mile. The word "visible" in this Subsection, when applied to lights, shall mean visible on a dark night with clear atmosphere;
f. 
When propelled by sail and machinery every vessel shall carry the lights required by this section for a motorboat propelled by machinery only.
3. 
Non-motorized boats or watercraft operating after sunset must carry a white light to display when another boat approaches their vicinity. Watercraft use for sport fishing, powered by trolling motor and within fifty (50) feet of the shore, it is not required to display navigational lights unless another vessel approaches within the immediate vicinity of the watercraft.
[R.O. 2008 §212.440; Ord. No. 5448 §1, 7-29-1996]
A. 
No person shall operate any vessel unless such vessel shall carry on board, fire extinguishers approved by the United States Coast Guard for marine use, as follows:
1. 
Every Class A and every Class I vessel carrying or using gasoline or other flammable or toxic fluid shall carry on board one (1) B-1 type fire extinguisher.
2. 
Every Class II vessel shall carry one (1) B-1 type fire extinguisher or two (2) type B-2 fire extinguishers. Any Class II vessel equipped with a fixed fire extinguishing system in the engine compartment, such as a Halon system may substitute that system for one (1) type B-1 fire extinguisher.
[R.O. 2008 §212.450; Ord. No. 5448 §1, 7-29-1996]
No person shall operate any vessel, sailboat, canoe, kayak or other watercraft sixteen (16) feet in length or greater unless such watercraft shall carry on board an operable mouth, hand or power operated sounding device audible for at least one-half (½) mile.
[R.O. 2008 §212.460; Ord. No. 5448 §1, 7-29-1996]
A. 
No person shall:
1. 
Navigate a watercraft within a designated prohibited area;
2. 
Operate a watercraft in any manner other than as prescribed or permitted by regulatory markers;
3. 
Moor to, damage, tamper, remove or in any way interfere with any aid to navigation or regulatory marker;
4. 
Operate any vessel or associated device (i.e., water skis, surfboard or other waterborne device) in a reckless or negligent manner so as to endanger life or property;
5. 
Operate any vessel or watercraft, or manipulate any water skis, surfboard or other waterborne device while intoxicated or under the influence of any narcotic drug, barbiturate or marijuana;
6. 
Operate any vessel or watercraft at a rate of speed so as to endanger the property of others or the life or limb of themselves or others; or
7. 
Operate any motorcraft, vessel or watercraft within one hundred (100) feet of any dock, pier, occupied anchored boat or buoyed restricted area at a speed faster than a "SLOW, NO-WAKE" speed.
[R.O. 2008 §212.470; Ord. No. 5448 §1, 7-29-1996]
A. 
Riding On Bow And Gunwales Prohibited. The operator of any vessel shall not ride or sit or allow any person to ride or sit on the gunwales (sides of the vessel), decking over bow or stern, top of any railing or seat-back, or any area "outside" the passenger area, unless there are adequate guards or railings to keep that person from falling overboard. Guards or railings must be at least six (6) inches high (not to exceed eighteen (18) inches in height) to be considered adequate.
B. 
Exemption. The vessel operator may allow a person to temporarily occupy the decking over the bow or stern for the purpose of docking, mooring or casting off the vessel. Also, vessels propelled only by "sail" are exempt from the adequate railing regulation.
[R.O. 2008 §212.480; Ord. No. 5448 §1, 7-29-1996]
All watercraft shall stop their craft upon the signal of a Park Security Officer or Public Safety Officer and shall obey all reasonable signal direction given by any such Officer in directing the movement of traffic on any portion of the Mozingo Park lake or waterway.
[R.O. 2008 §212.490; Ord. No. 5448 §1, 7-29-1996]
When any emergency watercraft gives an audible signal by siren or visible signal, with red or blue emergency lights, the operator of any watercraft shall immediately stop or position their watercraft in such a manner as to give the right-of-way to the emergency vehicle.
[R.O. 2008 §212.500; Ord. No. 5448 §1, 7-29-1996]
All marine toilets on any boat, operated upon waters of this City or the State of Missouri, shall be so constructed and operated as to contain all sewage aboard the boat and not to discharge any sewage into the waters directly or indirectly. No boat shall be equipped to permit discharge from or through any marine toilet, or in any other manner, any sewage at any time into waters of the state, and all sewage when removed from any boat shall immediately be placed in an approved septic tank, sanitary lagoon or sewage treatment system. The provisions of Sections 306.250 to 306.290, RSMo., shall not apply to boats engaged in interstate commerce on the Missouri and Mississippi Rivers.
[R.O. 2008 §212.520; Ord. No. 5448 §1, 7-29-1996]
A. 
Authority To Inspect. Any Law Enforcement Officer shall be permitted to board any boat at the Mozingo Park lake or waterway at any time to inspect for compliance with boating regulations.
B. 
Refusal To Permit Inspection. Refusal to permit an inspection pursuant to this Section shall be a violation of this Chapter.
[R.O. 2008 §212.530; Ord. No. 5448 §1, 7-29-1996]
Park Security Officers or Public Safety Officers shall have authority to issue written notice of violation of any permit holder who fails to comply with the boating or watercraft regulations of this Chapter. Said officers shall report the notice of said violation to the City Manager.
[R.O. 2008 §212.540; Ord. No. 5448 §1, 7-29-1996]
Any boat, craft or other property of value found abandoned, adrift or left unattended in the Mozingo Park may be taken by the City of Maryville.
[R.O. 2008 §212.550; Ord. No. 5448 §1, 7-29-1996]
The City shall have a lien on such property for all expenses of taking, towing and storing that property and for all damage caused by that property to the property of the City or any other person.
[R.O. 2008 §212.560; Ord. No. 5448 §1, 7-29-1996]
If the owner of the property does not claim the property and redeem the lien within six (6) months of seizure, the property may be disposed of in the same manner as surplus City property.
[R.O. 2008 §212.570; Ord. No. 5448 §1, 7-29-1996]
A. 
Alcoholic Beverage. Alcohol may not be possessed or consumed in Mozingo Park at the following areas: the swimming/beach area, parking lots, trails, roadways, the Youth Camp and other designated areas.
B. 
Mozingo Golf Course. Alcohol at the Mozingo Golf Course or the Mozingo clubhouse shall be limited to alcohol legally purchased from said facility.
C. 
Open Container Provision. No person shall operate any boat, vessel, ski or watercraft while in possession of an open alcohol container.
D. 
Removal Of Intoxicated Person. Any person in the state of intoxication or under the influence of alcohol on Mozingo Park property may be removed from the park property.
[R.O. 2008 §212.580; Ord. No. 5448 §1, 7-29-1996; Ord. No. 6474 §1, 6-10-2002]
No person shall operate any boat or watercraft or manipulate any waterski, surf board or other waterborne device or vessel while under the influence of alcohol and/or a controlled substance as defined by State law.
[R.O. 2008 §212.590; Ord. No. 5448 §1, 7-29-1996]
It shall be unlawful for any person to operate any vessel or watercraft or manipulate any water skis, surfboard or other waterborne device in a reckless or careless manner so as to endanger the life or property of any person, including that of the operator. It is negligent to operate a vessel within one hundred (100) feet of any dock, pier, buoy, restricted area or occupied anchored boat in excess of "Slow No-Wake" speed. Operating speeds for vessels must also be reasonable for the conditions that exist on the water.
[R.O. 2008 §212.620; Ord. No. 5448 §1, 7-29-1996]
All items of antiquity at the Mozingo Park are protected. No person shall collect artifacts or items of antiquity from park land, except as approved by the City Council.
[R.O. 2008 §212.630; Ord. No. 5448 §1, 7-29-1996]
A. 
A Park Security Officer or Public Safety Officer shall have the authority to remove any person from the Mozingo Park lakes and waterways for the following:
1. 
Severe weather conditions;
2. 
Other dangerous conditions where personal safety or property is endangered;
3. 
Violations of the park regulations as set forth in this Chapter.
[R.O. 2008 §212.640; Ord. No. 5448 §1, 7-29-1996]
Any person in violation of any law, ordinance or the rules and regulations of the City of Maryville, or in any other way endangering the safety or property of others, may be required to immediately leave the park for the day.
[R.O. 2008 §212.650; Ord. No. 5448 §1, 7-29-1996]
This Chapter shall not be construed as abating any action nor pending under or by virtue of prior existing regulations. Nor shall it be understood to discontinue, abate, modify or alter any penalty accruing or to accrue, or as affecting the liability of any person, firm or corporation, or as waiving any right of the City of Maryville under any existing Section or provision or regulation existing at the time of the adoption of this Chapter. Nor shall this Chapter be construed to vacate or annul any rights obtained by any person, firm or corporation by lawful action of the City of Maryville, except as expressly provided for in this Chapter.
[R.O. 2008 §212.660; Ord. No. 5448 §1, 7-29-1996]
It shall be unlawful for any person to violate any provision of this Chapter. Upon conviction thereof, such person shall be judged guilty of an ordinance violation and punished by a fine not exceeding five hundred dollars ($500.00) or be punished by incarceration for a period not to exceed ninety (90) days, or by both such fine and incarceration. Each day's violation of, or failure, refusal, or neglect to comply with any provision of this Chapter shall constitute a separate and distinct offense.
[R.O. 2008 §212.670; Ord. No. 5570 §1, 8-18-1997]
For the purposes of this Article, the following definitions shall apply:
MEMORIAL
A monument commemorating an event of historical importance, a historic personage or group of persons or patriotic subjects.
MONUMENT
Any shrine, plaque, ornament, statue, marker, sign, artwork, flag or other permanent structure to be placed at Mozingo Lake Park for the purpose of public information or aesthetic enhancement.
[R.O. 2008 §212.680; Ord. No. 5570 §2, 8-18-1997]
A. 
Any person, family, group or organization may propose the construction of monuments or memorials at Mozingo Lake Park. All such proposals shall be made to the Council of the City of Maryville, Missouri. All proposals for monuments or memorials shall be submitted to the office of the City Clerk and must include the following written information:
1. 
The name of the person(s) or organization sponsoring the proposal.
2. 
A photograph or drawing of the proposed structure.
3. 
The dimensions of the proposed structure.
4. 
A description of the materials to be used in construction.
5. 
A time table for beginning and completing the construction.
6. 
The precise wording of any written tributes or descriptions.
7. 
A photograph or drawing of any emblem, insignia or token which is to appear on the proposed structure.
8. 
The name(s) and address of any contractors or subcontractors used in the construction.
[R.O. 2008 §212.690; Ord. No. 5570 §3, 8-18-1997]
All proposals for the construction of monuments or memorials at Mozingo Lake Park shall be reviewed by the City Manager and the Mozingo Lake Park Superintendent. Following the review, the City Manager and Mozingo Lake Park Superintendent shall forward a recommendation to the Council for a final review and decision.
[R.O. 2008 §212.700; Ord. No. 5570 §4, 8-18-1997]
A. 
All proposals for the construction of monuments or memorials at Mozingo Lake Park shall conform to the following standards:
1. 
Materials and colors. All monuments or materials shall be constructed of metal or rock, using colors and materials which do not detract from the aesthetics of the park.
2. 
Size. All monuments shall be sized to avoid obstruction of view of other park features. Excluding flagpoles, monuments in excess of ten (10) feet in height shall be discouraged.
3. 
Safety features. All monuments and memorials shall be firmly secured to the ground to prevent unauthorized movement or wind damage. Monuments and memorials shall be free of sharp edges or other features which may cause injury. The proposed structure shall conform to the City's Building Codes and other product safety Codes.
4. 
Maintenance features. Monuments and memorials requiring extensive maintenance shall be discouraged unless funding arrangements can be made.
5. 
Message content. Memorials and monuments containing words or messages shall comply with the following criteria:
a. 
All words are to be in English and correctly spelled. Conventional rules of grammar and punctuation shall be observed.
b. 
Commercial messages or themes shall not be permitted. However, nothing in this Article shall be construed as prohibiting the mention of corporate sponsorship of a memorial or monument.
c. 
Partisan political messages shall not be permitted.
d. 
Language, words, photographs, drawings, symbols, insignia or tokens deemed by the Council to be obscene, indecent, vulgar or offensive shall not be permitted.
e. 
Makers of a historical nature shall be reviewed by the Nodaway County Historical Society or other appropriate historical organization for accuracy. Messages containing historical inaccuracies or making exaggerated claims shall not be permitted.
6. 
Themes for monuments and memorials. A monument or memorial proposed for placement at Mozingo Lake Park shall have as its central theme one (1) of the following:
a. 
The creation or development of Mozingo Lake Park.
b. 
The founding or settlement of Northwest Missouri, Nodaway County or Maryville.
c. 
Tributes to the heroic or historically significant deeds of Nodaway County residents, living or dead.
d. 
National or State personages or events having significant historical impact on Northwest Missouri, Nodaway County or Maryville.
e. 
Tributes to Nodaway County personages having significant impact on the history of the nation, the State or the County.
f. 
Tributes to the public service of Nodaway County organizations or persons.
g. 
Patriotic or other tributes to the United States of America or the State of Missouri.
h. 
Tributes to veterans of war or members of the armed services, victims of war or sacrifices made during time of war.
[R.O. 2008 §212.710; Ord. No. 5570 §5, 8-18-1997]
A. 
Nothing in this Article shall be construed to apply to the placement of any items at the Mozingo Golf Course, any signs placed by the City of Maryville or any personal property placed by the City of Maryville or with the approval of the City of Maryville such as picnic tables, picnic shelters, etc.
1. 
Signs, tee markers, benches, flags and similar structures at the Mozingo Lake Golf Course.
2. 
Directional or traffic signs placed by the City of Maryville.
3. 
Picnic tables, picnic shelters and related facilities.
[R.O. 2008 §212.715; Ord. No. 6785 §1, 9-26-2005]
In the event a customer is unable to use a facility at Mozingo Park because of unanticipated circumstances, including inclement weather, medical emergency, an act of God or other unique situation, the City Manager or his/her designee may refund all or such portion of the advance reservation fee paid by the customer as deemed appropriate in the sole discretion of the City Manager or his/her designee. Upon authorizing such refund, the reason for and the amount of the refund shall be appropriately documented and maintained. The customer shall have the right to appeal the refund determination to the City Council of the City of Maryville.
[R.O. 2008 §212.720; Ord. No. 5570 §6, 8-18-1997]
The decisions to allow the placement of a monument or a memorial is within the sole discretion of the Council of the City of Maryville, Missouri. Nothing in this Article shall grant to an applicant or any individual, group or entity any cause for action or entitlement to the placement of a monument, memorial or other marker at Mozingo Lake Park.