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HomeMy WebLinkAboutOrd 1657CITY OF MISSION ORDINANCE NO 1657 AN ORDINANCE AMENDING CHAPTER 230 OF THE MUNICIPAL CODE OF MISSION, KANSAS REGARDING THE REGULATION OF PARKS IN THE CITY OF MISSION, KANSAS BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF MISSION, KANSAS AS FOLLOWS: SECTION 1: Section 230.030 of Chapter 230 of the Municipal Code of Mission, Kansas, is hereby deleted in full and replaced with the following as follows: Section 230.030 Annual Review. A. The Parks, Recreation, and Tree Commission will assess needs and make recommendations regarding recreation programs, facilities and equipment, and will conduct an annual review of the budget, making recommendations for capital improvements to be presented to the Governing Body for consideration. B. It shall be the responsibility of the Parks, Recreation, and Tree Commission to study, investigate, counsel and develop a written tree plan to provide a guide for the proper development and maintenance of the trees on City -owned property, including the care, preservation, trimming, planting, replacing, removal or disposition of trees and shrubs in public ways, streets and alleys. It shall further be the responsibility of the Parks, Recreation, and Tree Commission to direct tree care and landscaping in all City parks and to recommend both the location and species for planting. C. The Parks, Recreation, and Tree Commission will be responsible for the completion of a tree plan, which shall be presented to the Governing Body for approval. Thereafter, the Commission shall review and consult with a contracted arborist and update the plan as necessary with the same submitted to the Governing Body prior to April 1 in even numbered years. The Parks, Recreation, and Tree Commission shall recommend budget allocations necessary to accomplish agreed -upon projects, including projects recommended for inclusion in the City's five-year Capital Improvement Program. D. In accordance with the approved tree plan, the Parks, Recreation, and Tree Commission shall control planting, pruning, replacement, and removal of all trees located within the street rights -of -way, easements, alleys and parks of the City. Any owners of land abutting such rights -of -way, easements, alleys and parks may, when acting within the provisions of this Chapter and the approved plan, prune, spray, plant or remove trees in that part of such street rights -of -way, easements and alleys abutting PJ-1124511-v1 his/her land not used for public travel. Any owner of property intending to deviate from the provisions of this Chapter must first secure written approval from the Parks, Recreation, and Tree Commission. SECTION 2: Section 230.085 of Chapter 230 of the Municipal Code of Mission, Kansas, is hereby deleted in full and replaced with the following as follows: Section 230.085 Definition — Micromobility Devices. A. As used in this Article, the term "Electric -Assisted Scooter" shall mean every self- propelled vehicle that has at least two (2) wheels in contact with the ground, an electric motor, handlebars, a brake and a deck that is designed to be stood upon when riding. B. As used in this Article, the term "Accessibility Device" shall mean wheelchairs and other mobility devices designed to assist persons with disabilities, provided that such devices are designed to be used where pedestrians are allowed. C. As used in this Article, the term "Micromobility Device" shall include: 1. Electric -Assisted Scooters, as defined in this Section, that are not capable of providing motor power to propel the scooter at a speed greater than twenty (20) miles per hour on ground level; 2. Accessibility Devices, as defined in this Section; 3. Any motorized transportation device which is not capable of traveling at a speed greater than twenty (20) miles per hour on level ground, including one (1) made available for private use by reservation through an online application, website, software, or service; 4. Bicycles, including electric -assisted bicycles only if. (1) the bicycle has two (2) or three (3) wheels, a saddle, fully operative pedals for human propulsion, and an electric motor; and (2) the electric motor has a power output of no more than one thousand (1,000) watts, is incapable of propelling the device at a speed of more than twenty (20) miles per hour on level ground, and is incapable of further increasing the speed of the device when human power alone is used to propel the device beyond twenty (20) miles per hour; and 5. Non -motorized strollers, buggies, small wagons, and similar devices designed to be propelled by pushing or pulling at speeds typical of pedestrians. D. As used in this Article, the term "Micromobility Device" shall not include: PJ-1124511-v1 1. Devices powered by combustion motors or engines or any other form of propulsion except electric motors or manual power; 2. Devices which must be licensed for use on streets; 3. Devices which are not meant to be used where pedestrians are allowed; and 4. Skateboards; 5. Roller Blades; and 6. Roller Skates. SECTION 3: Section 230.110 of Chapter 230 of the Municipal Code of Mission, Kansas, is hereby deleted in full and replaced with the following as follows: Section 230.110 Alcoholic Liquor, Cereal Malt Beverages, Illegal Substances. No person shall possess, consume or drink any alcoholic liquor or cereal malt beverage within the boundaries of any park, unless specifically authorized by a Common Consumption Permit pursuant to Section 600.035. SECTION 4: Section 230.120 of Chapter 230 of the Municipal Code of Mission, Kansas, is hereby deleted in full and replaced with the following as follows: Section 230.120 Firearms and Weapons. Except as provided in this Subsection, no person shall discharge, use or carry within the boundaries of park facilities any firearm, air gun, spring gun, blank gun, slingshot or any other weapon with which force is used to propel projectiles. This Section shall not apply to Law Enforcement Officers who are authorized by law to carry a firearm. SECTION 5: Section 230.260 of Chapter 230 of the Municipal Code of Mission, Kansas, is hereby deleted in full and replaced with the following as follows: Section 230.260 Use of Parks/Restrictions. A. The following restrictions are placed on the use of all City parks: 1. Glass bottles and glass containers are not allowed in any park. 2. Tennis courts, racquetball courts, basketball courts, and other areas which have been improved with a surface for the purpose of playing a particular sport or game may only be used on foot, except persons with disabilities may use Accessibility Devices. PJ-1124511-v1 SECTION 6: This Ordinance shall be in force and take effect from after publication according to law. PASSED AND APPROVED by the City Council this�day of �_ , 2026. APPROVED by the Mayor this %il day of 12026. Solana Flora, Mayor ATTEST: Robyn ulks, ity Clerk PAYNE & JONES, CHARTERED A4-7eM David K. Martm, City Atton ey 11000 King, Suite 200 PO Box 25625 Overland Park, KS 66225-5625 (913)469-4100 (913)469-8182 P1-1124511-vl