[R.O. 2008 §212.010; Ord. No. 5448 §1, 7-29-1996; Ord. No. 8366, 3-22-2021]
The provisions of this Chapter govern the use and management
of the Mozingo Lake Recreation Park.
[R.O. 2008 §212.020; Ord. No. 5448 §1, 7-29-1996; Ord. No. 8366, 3-22-2021]
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.
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.
The maximum combination of camping equipment allowed in one
(1) campsite.
Those classes as set forth in Chapter 306, RSMo.
Those areas designated by specific purposes described and
signed as set forth for Mozingo Lake Recreation Park, and as approved
by the City Council of the City of Maryville, Missouri.
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.
A "golf car" means a motor vehicle that is designed and manufactured
for operation on a golf course for sporting or recreational purposes
and that is not capable of exceeding speeds of twenty (20) miles per
hour. Also commonly known as "golf carts."
A monument commemorating an event of historical importance,
a historic personage or group of persons or patriotic subjects.
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.
Any shrine, plaque, ornament, statue, marker, sign, artwork,
flag or other permanent structure to be placed at Mozingo Lake Recreation
Park for the purpose of public information or aesthetic enhancement
Any self-propelled vehicle not operated exclusively on tracks.
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, Mozingo Lake, or Mozingo.
Mozingo Lake Recreation Park.
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.
A Recreational Vehicle, often abbreviated as RV, is a motor
vehicle or trailer which includes living quarters designed for accommodation.
Types of RVs include motorhomes, campervans, caravans (also known
as travel trailers and camper trailers), fifth-wheel trailers, popup
campers, and truck campers.
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 convex (curved outward) in shape to give
one hundred eighty degrees (180°) of vision behind the operator.
Large flat mirror such as those found on professional ski boats are
also acceptable for skiing operations.
"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.
A portable shelter made of cloth, supported by one (1) or
more poles and stretched tight by cords or loops attached to pegs
driven into the ground.
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.
Liquid and water carried waste and sewage, whether treated
or untreated.
Any boat or craft, including a vessel, used or capable of
being used as a means of transport on waters.
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; Ord. No. 8366, 3-22-2021]
A.
Establishment.
Park Security Officers shall assist in the control, management and
protection of Mozingo Lake Recreation 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 Mozingo Lake Recreation 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; Ord. No. 8366, 3-22-2021]
A.
Quiet
Hours. Quiet shall be maintained daily at Mozingo Lake Recreation
Park between the hours of 10:30 P.M. and 6:00 AM.
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,
the City Manager or his/her designee. Said closing shall be affected
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; Ord. No. 8366, 3-22-2021]
A.
Sales
and Concessions. Sales and advertisements of merchandise or other
goods for sale or hire in Mozingo Lake Recreation Park are prohibited
except by permission of the City Manager or his/her designee, under
licenses, leases, or as otherwise provided by this Chapter.
[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; Ord. No. 8366, 3-22-2021]
A.
Operation.
Motor vehicles may only be operated 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. All operators of motor
vehicles must be sixteen (16) years of age and legally able to operate
a motor vehicle.
B.
All-Terrain
Vehicles. No person shall operate an all-terrain vehicle, including
snowmobiles, in Mozingo Lake Recreation Park.
C.
Truck
Sizes. No person shall operate a truck rated over one and one-half
(1 ½) tons in Mozingo Lake Recreation Park, unless authorized
by the City.
E.
Golf
Cars.
1.
Use of motorized golf cars will be allowed on public roadways within
the boundaries of Mozingo Lake Recreation Park.
2.
Golf car operators must have a valid driver license and be over the
age of sixteen (16).
3.
Golf cars may be operated from sunrise to sunset only, unless equipped
with headlights. Golf cars with headlights may not be operated between
the hours of 10:00 P.M. — 7:00 A.M.
4.
Golf cars are not permitted to operate on the golf course without
having a valid trail pass permit or paid any applicable green fees,
and are to be used in conjunction with a paid round of golf.
F.
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.
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 §212.070; Ord. No. 5448 §1, 7-29-1996; Ord. No. 8366, 3-22-2021]
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.
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; Ord. No. 8366, 3-22-2021]
Whenever a Public Safety Officer of Park Security 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; Ord. No. 8366, 3-22-2021]
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 with a valid
State of Missouri hunting permit and within the designated hunting
areas at Mozingo Lake Recreation Park.
1.
Paintball guns and markers are permitted within Mozingo Lake Recreation
Park in designated areas.
B.
Skeet
Range. This Section shall not prohibit the use of fireanns 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 Lake Recreation
Park and in accordance with the applicable regulations thereof.
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; Ord. No. 8366, 3-22-2021]
A.
Hunting,
under State-wide permits, seasons, methods, and limits, is permitted
in Mozingo Lake Recreation Park in accordance with the provisions
of Chapter 12 of the Wildlife Code of Missouri except as further restricted
below.
1.
Hunting is restricted only to the designated areas of Mozingo Lake
Recreation Park. That area is generally described as the area of Mozingo
Lake Recreation 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.
a.
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 Lake Recreation Park.
b.
Shotguns. Hunters may not use any weapon other than a shotgun or
bow to hunt upon the property at Mozingo Lake Recreation Park. It
shall be unlawful to use any single-projectile weapon or single-projectile
ammunition at Mozingo Lake Recreation Park.
c.
Trapping. It shall be unlawful for any person to set or possess in
Mozingo Lake Recreation 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.
d.
Tree Stands. Portable tree stands may be placed at Mozingo Lake Recreation
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 Lake Recreation Park by the first day of February.
The use of any item which will damage the ground, trees or foliage
of Mozingo Lake Recreation Park is prohibited.
[R.O. 2008 §212.110; Ord. No. 5448 §1, 7-29-1996; Ord. No. 8366, 3-22-2021]
[R.O. 2008 §212.120; Ord. No. 5448 §1, 7-29-1996; Ord. No. 8366, 3-22-2021]
A.
Domestic
Animals. No person shall bring or keep any domestic animal into Mozingo
Lake Recreation 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 Lake
Recreation Park, except on designated paths or in designated areas.
C.
Livestock.
No person shall graze any livestock in or on Mozingo Lake Recreation
Park except by written permission from the City Manager or his/her
designee.
[1]
Editor's Note: Former Section 212.130, Migratory Waterfowl,
was repealed 3-22-2021 by Ord. No. 8366.
[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; Ord. No. 8366, 3-22-2021]
[R.O. 2008 §212.150; Ord. No. 6058 §§1 — 4, 4-27-1998; Ord. No. 7311 §1, 3-28-2011; Ord. No. 8366, 3-22-2021]
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 Recreation Park.
B.
Tournament Rules And Regulations. The following rules and regulations
shall apply to all groups and persons participating in fishing tournaments
at Mozingo Lake Recreation Park:
1.
No more than one (1) fishing tournament per day is permitted
at Mozingo Lake Recreation Park.
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.
a.
Fishing tournaments during the period of July 1 to August 31, must
be concluded no later than 1:30 P.M.
3.
Fishing tournaments must be scheduled a minimum of ninety (90)
days in advance through the designated staff at Mozingo Lake Recreation
Park.
4.
Persons participating in fishing tournaments shall maintain
and use a livewell for the keeping of fish on their boats.
5.
Tournament participants shall return to the lake all fish that
are caught.
6.
The City reserves the right to cancel a fishing tournament with
limited notice.
7.
Additional tournament regulations may be applied to fishing
tournaments as deemed necessary by the Missouri Department of Conservation.
8.
Each boat participating in a fishing tournament must display
an appropriate Mozingo Lake Recreation Park access permit sticker.
[R.O. 2008 §212.160; Ord. No. 5448 §1, 7-29-1996; Ord. No. 8366, 3-22-2021]
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 Mozingo Lake Recreation Park or its waterways.
However, this provision shall not prohibit the harvesting of mushrooms
and berries.
[R.O. 2008 §212.170; Ord. No. 5448 §1, 7-29-1996; Ord. No. 8366, 3-22-2021]
A.
Swimming.
No person shall swim, bathe or wade, nor shall any person float in
or on any non-licensed device in Mozingo Lake Recreation Park, except
in specifically designated areas. No person shall swim in the area
of any boat ramp.
B.
Designated
Beaches. Persons may swim at designated Mozingo Lake Recreation 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.
E.
Domestic
Animals. No domestic animals are permitted within the designated beach
areas.
[1]
Editor's Note: Former Sections 212.180, Miscellaneous Activities;
212.190, Other Activities; 212.200, Radio-Controlled Aircraft or Boats;
and 212.210, Airplanes/Hydroplanes, were repealed 3-22-2021 by Ord.
No. 8366.
[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]; Ord. No. 8366,[2] 3-22-2021; Res. No. 734, 11-14-2022[3]]
A.
The
City Council of the City of Maryville shall have authority to set
fees, rental rates, and expense charges for certain activities, or
the use of certain park areas, amenities, facilities or equipment.
Such fees will be regularly reviewed by the Mozingo Advisory Board
and changes will be submitted, in writing, to the City Manager or
his/her designee and approved by City Council.
1.
Marketing events, programs, and charity donations as approved by
the City Manager or his/her designee may be conducted periodically
by Mozingo Lake Recreation Park to provide incentives for use of the
recreational facilities and participation in recreational programs.
[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.”
[2]
Editor's Note: This ordinance amended the user fee schedule
which is on file in the City offices.
[3]
Editor's Note: This resolution amended the user fee schedule
which is on file in the City offices.
[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; Ord. No. 7361 §1, 9-26-2011; Ord.
No. 8366, 3-22-2021]
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 Lake Recreation 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 in the Reserved
RV section or Tent Camping section at Mozingo Lake Recreation Park
for a period in excess of fourteen (14) consecutive days is prohibited
without written permission from the City Manager or his/her designee.
3.
Limit. There shall be no more than two (2) camping units per
campsite.
a.
No more than two (2) tents per site or no more than one (1) recreational
vehicle and one (1) tent per site.
4.
Check-Out Time. RV and primitive campsites must be vacated not
later than 1:00 P.M. on the date the campsite rental period concludes.
5.
Payment Of Camping Fees. Upon arrival and selecting a camping site, all campers shall pay camping fees. Failure to submit payment for campsite fees within forty-eight (48) hours of arrival on-site at Mozingo Lake Recreation Park will result in a one hundred dollar ($100.00) assessment. Failure to pay after seventy-two (72) hours will result in removal from Mozingo Lake Recreation Park per Section 212.080.
6.
Blocking. Blocking of RV sites by placing a vehicle or camping unit
directly upon the campsite is not permitted without prior payment.
[1]
Editor's Note: Former Section 212.240, Shelter House Reservations,
was repealed 3-22-2021 by Ord. No. 8366.
[R.O. 2008 §212.250; Ord. No. 5448 §1, 7-29-1996; Ord. No. 8366, 3-22-2021]
A.
No
person shall dump wastewater or greywater within Mozingo Lake Recreation
Park.
[R.O. 2008 §212.260; Ord. No. 5448 §1, 7-29-1996; Ord. No. 8366, 3-22-2021]
A.
Fire
Danger. When necessary for public safety, and/or protection of lands,
structures or wildlife, the City Manager and his/her designee 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.
B.
It
shall be unlawful for any person to start a fire in any area of the
park except in fire rings, fireplaces, or a suitable container adapted
to the use of containing a fire for the purpose of cooking foods thereon,
and it shall be unlawful for any person to leave the area of such
fire before the same is completely extinguished.
[R.O. 2008 §212.270; Ord. No. 5448 §1, 7-29-1996; Ord. No. 8366, 3-22-2021]
No person shall use, ignite or possess fireworks of any kind
at the Mozingo Lake Recreation 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; Ord. No. 8366, 3-22-2021]
A.
Boating
And Watercraft.
1.
The use and operation of all boats, motors and watercraft on all
Mozingo Lake 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 Lake 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. Swimming from a boat or watercraft shall not be
permitted at any other location on Mozingo Lake.
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; Ord.
No. 8366, 3-22-2021]
A.
The
following shall apply to the size and types of watercraft permitted
at Mozingo Lake Recreation Park:
1.
Length Of Boats Permitted. No person shall operate a watercraft in
excess of twenty-six (26) feet in length.
2.
Sound Level. The maximum sound level of a watercraft on any area
of Mozingo 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.
[1]
Editor's Note: Former Section 212.300, Sailboats, was repealed
3-22-2021 by Ord. No. 8366.
[R.O. 2008 §212.310; Ord. No. 5448 §1, 7-29-1996; Ord. No. 8366, 3-22-2021]
No person shall operate any parasailing equipment or device
on any portion of Mozingo Lake.
[R.O. 2008 §212.320; Ord. No. 5448 §1, 7-29-1996; Ord. No. 8366, 3-22-2021]
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 Mozingo Lake and waterways, between sunrise and
sunset. Personal watercraft shall follow all rules and regulations
set forth by this Chapter. Occupancy shall not exceed the manufacturer's
specifications.
[R.O. 2008 §212.330; Ord. No. 5448 §1, 7-29-1996; Ord. No. 8366, 3-22-2021]
A.
No
person shall operate a sailboard, windsurfer or other similarly designed
craft on Mozingo Lake or waterways except in designated areas and
in accordance with this Section.
1.
One (1) 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.
Windsurfing. Windsurfing shall be allowed on the Mozingo Lake and
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; Ord. No. 8366, 3-22-2021]
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 Lake 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.
[1]
Editor's Note: Former Sections 212.350, Airboats and 212.360,
Scuba Diving, were repealed 3-22-2021 by Ord. No. 8366.
[R.O. 2008 §212.370; Ord. No. 5448 §1, 7-29-1996; Ord. No. 8366, 3-22-2021]
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.
[1]
Editor's Note: Former Section 212.380, Regattas, was repealed
3-22-2021 by Ord. No. 8366.
[R.O. 2008 §212.390; Ord. No. 5448 §1, 7-29-1996; Ord. No. 8366, 3-22-2021]
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; Ord. No. 8366, 3-22-2021]
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; Ord. No. 8366, 3-22-2021]
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; Ord. No. 8366, 3-22-2021]
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:
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 (22 ½
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 (112 ½ degrees) on
each side of the vessel; namely, from right ahead to two points (22
½ 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 often ten points (112
½ degrees) of the compass, so fixed as to throw the light from
right ahead to two points (22 ½ 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
(112 ½ degrees) of the compass, so fixed as to throw the light
from right ahead to two points (22 ½ 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 I 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 (50) feet
from the shore shall display one (1) three-hundred-sixty-degree white
light visible three hundred sixty (360) 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 (1) 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; Ord. No. 8366, 3-22-2021]
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; Ord. No. 8366, 3-22-2021]
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; Ord. No. 8366, 3-22-2021]
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; Ord. No. 8366, 3-22-2021]
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 stem, 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 stem 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; Ord. No. 8366, 3-22-2021]
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 Lake or waterway.
[R.O. 2008 §212.490; Ord. No. 5448 §1, 7-29-1996; Ord. No. 8366, 3-22-2021]
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; Ord. No. 8366, 3-22-2021]
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; Ord. No. 8366, 3-22-2021]
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; Ord. No. 8366, 3-22-2021]
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; Ord. No. 8366, 3-22-2021]
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; Ord. No. 8366, 3-22-2021]
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; Ord. No. 8366, 3-22-2021]
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; Ord. No. 8366, 3-22-2021]
A.
Alcoholic
Beverage. Alcohol may not be possessed or consumed in Mozingo Lake
Recreation Park at the swimming/beach area, roadways, and trails.
B.
Mozingo
Golf Course/Event Center. Alcohol at the Mozingo Golf Course, or the
Mozingo clubhouse, or Event Center 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 at Mozingo Lake Recreation 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; Ord. No. 8366, 3-22-2021]
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; Ord. No. 8366, 3-22-2021]
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; Ord. No. 8366, 3-22-2021]
All items of antiquity at Mozingo Lake Recreation 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; Ord. No. 8366, 3-22-2021]
A.
A Park
Security Officer or Public Safety Officer shall have the authority
to remove any person from Mozingo Lake Recreation Park and waterways
for the following:
[R.O. 2008 §212.640; Ord. No. 5448 §1, 7-29-1996; Ord. No. 8366, 3-22-2021]
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.
[R.O. 2008 §212.650; Ord. No. 5448 §1, 7-29-1996; Ord. No. 8366, 3-22-2021]
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; Ord. No. 8366, 3-22-2021]
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.
[1]
Editor's Note: Former Article II, Placement and Construction of Monuments and Memorials at Mozingo Lake Park, containing Sections 212.630 to 212.690, was repealed 3-22-2021 by Ord. No. 8366. This material has been pulled from the Code and an internal policy has been created which can be found on file in the City offices.
