CHAPTER 31
RECREATION
ARTICLE I - LAKE STAUNTON
31-1-1 DEFINITIONS. When used in this Chapter, the following words and terms shall have the meanings herein prescribed:
Craft. Any boat or raft not permanently attached to the shore.
Drainage Area. The entire area of land and water that drains into the reservoir or into the East Fork of Cahokia Creek, or any tributary or other stream above said public water supply dam.
Intake. The place where the water supply for the City is taken from the reservoir.
Marginal Land. The land owned or controlled by the City adjacent to the shoreline and not flooded by the waters of the reservoir.
Reservoir. The artificial lake and water impounded therein by means of the public water supply dam constructed across the valley of the East Fork of Cahokia Creek in Macoupin County, Illinois, and by any other structure or structures heretofore or hereafter constructed within the limits of the herein defined drainage area, which are used or for use as a public water supply for the City. The reservoir is hereby named and designated Lake Staunton.
Shoreline. The extended point where the plane of the surface waters of the reservoir touches land at spillway elevation.
Watercourse. Any stream, natural or artificial channel, spring or depression of any kind in which water flows continuously or intermittently over any part of the drainage area, directly or indirectly, into any part of the reservoir.
31-1-2 BOATING REGULATIONS. Boating regulations in Lake Staunton shall be subject to the owner’s risk and to the following restrictions.
(A) Use of Gas Operated Motors. Boats with unlimited horsepower are permitted on Lake Staunton so long as they are operated in a manner to create a no-wake lake.
(B) Licensing Requirements.
(1) Boat License. All boats operating on Lake Staunton are required to have a license (sticker) which must be displayed near the State Registration number. Unless issued for a special event, such license shall expire on the next ensuing March 30 and shall be annually renewed before said craft may be lawfully propelled or used on the lake.
(2) The license (sticker) shall be obtained from the City Clerk’s office or in the event of unavailability, they may be obtained from the Staunton Police Department.
(C) License Fees.
(1) Battery Powered Trolling Motors and Rowboats. In order to provide a fund to be used to defray the expense and inspection of said crafts on the lake and to enforce the provisions of this Section, said applications for or renewal of license must be accompanied by the payment of an annual license fee of Ten Dollars ($10.00) for residents of the City of Staunton. Non-resident fees shall be Twenty Dollars ($20.00). Residents are those applicants living within the City limits.
(2) Gas Powered Motors. To help defray the cost and inspection of said crafts on the lake and to enforce the provision of this Section, said applications for or renewal of license must be accompanied by the payment of an annual license fee of Twenty Dollars ($20.00) for residents of the City of Staunton. Non-resident fees shall be Thirty Dollars ($30.00). Residents are those applicants living within the City limits. (Ord. No. 1159)
(D) Boats to be Registered. All boats shall be registered according to the provisions of the Illinois Boat Registration and Safety Act. No person shall violate any of the provisions of the Illinois Department of Conservation Code (625 ILCS Sc. 45), Boat Registration and Safety Act. Any person violating any of the provisions of this Section shall be punished by a fine in accordance with Chapter 31-1-2(H) Penalties. (Ord. No. 1199; 05-13-02)
(E) Using Boats for Business Purposes. The business of renting crafts for hire or carrying passengers for hire on Lake Staunton is prohibited, except as may be authorized by special concession granted by the City Council.
(F) Boat Equipment and Condition.
(1) Unnecessary Noise, Mufflers. No craft shall be used or operated or any horn or sound device so as to create a nuisance or disturb the quiet or any person. All motors shall be equipped with mufflers.
(2) Lights. The running of any craft after dark without proper lighting is prohibited, as according to law.
(G) Enforcement.
(1) Enforcement of the provision of this entire section shall be mandatory and enforced by the proper authorities.
(2) Lake Staunton is under the jurisdiction and laws set forth by the Corp of Engineers and the Department of Conservation.
(H) Penalties. Any person violating any of the provisions of this Section shall be punished by a fine of not less than One Hundred Dollars ($100.00) nor more than Seven Hundred Fifty Dollars ($750.00), and each day that the condition or act in violation of this Section remains or continues, shall be deemed to be a separate and distinct offense. Any violation of the terms of the Department of Conservation Code (625 ILCS Sec. 45), as the same may be from time to time amended and shall constitute an evaluation of this Section, subject to before mentioned fines. (Ord. No. 1199; 05-13-02)
(I) Disposition and Uses of Revenues. All license fees, fines and penalties shall be placed in the General Fund or such other fund as may be directed by the City Council.
31-1-3 FISHING REGULATIONS.
(A) State Game and Fish Code Adopted. No person shall take or catch or attempt to take or catch fish of any kind from the City Reservoir contrary to the provision of the Illinois State Game and Fish Code. The provisions of said Code are hereby adopted and made a part of this Section and it shall be unlawful to take or catch or attempt to take or catch fish from the reservoir of a smaller size or in greater numbers than permitted by said Code or with equipment or in a manner or method or at times and between dates prohibited by said Code. Any violation of the terms of the State Game and Fish Code, as the same may be from time to time amended, and shall constitute a violation of this Section and shall be punished hereunder.
(B) Trout Lines, Bank Lines and Jugging Lines. Trout lines, bank lines and jugging lines are prohibited on Lake Staunton. (Ord. No. 1098; 01-29-97)
(C) Fishing During Duck and Geese Season. Fishing from any boat or water craft is prohibited during the State Duck and Geese hunting season. The Lake will be closed to boaters during duck season except to those who have registered duck blinds and boat traffic will only be allowed for travel to and from blinds. (Ord. No. 1098; 01-29-97)
(D) Authority to Suspend Fishing Privileges. The privilege of fishing in Lake Staunton or any part thereof may be suspended by the City at any time and the posting of any authorized sign on any part of the lake shall suspend the privilege of fishing at such location.
31-1-4 DOCKS.
(A) Docks will be allowed to be built on Lake Staunton.
(B) Docks will be numbered and will require a permit that must be renewed annually. There will be no fee for this permit.
(C) All docks must be well maintained or the yearly permit will not be reissued.
(D) There will be no permanent docks. All docks must be “Flotation Docks”. The use of metal barrels for a flotation dock is prohibited.
(E) If styrofoam is used, it must be covered to prevent animals or mammals from destroying.
(F) These docks will be under the same laws and regulations of the Corp of Engineers.
31-1-5 DUCK BLINDS. The following regulations shall apply to duck blinds.
(A) Each Duck Blind shall be numbered by the City.
(B) Permits shall be obtained to build duck blinds. There will be no fee for this permit.
(C) There shall be no portable blinds--stationary only.
(D) Duck blind owners shall sign up in the City Clerk’s office by September 1 of every year to retain his rights to his blind, or such blind will be forfeited to the lottery draw.
(E) Blinds shall be brushed and signed for or will be forfeited to a lottery draw.
(F) Blinds shall be maintained at all times of the year and used during that season or that blind shall be forfeited to the lottery draw.
(G) Blinds shall be built only in the designated numbered area provided by the City Council.
(H) The lottery shall be held on the second (2nd) Monday in September by the Staunton City Council. The recipients of the duck blind shall have two (2) weeks to register following letter notification; failure to register will result in forfeiture and a re-draw for said blind. (Ord. No. 1098; 01-29-97)
(I) The applicant need not be present for this drawing.
(J) Proper hunting license and F.O.I.D. card shall be presented prior to applications being accepted for the lottery draw.
31-1-6 CERTAIN ACTIVITIES RESTRICTED. These activities shall be restricted as follows:
(A) Picnicking and Camping. Picnicking and camping are prohibited on the Lake except:
(1) Upon such portions of the marginal land and at such times as may be designated by the City for such purpose or purposes.
(2) By any custodian and custodians of the marginal land, their families and guests and upon such portions of the marginal land as may have been leased to him.
(3) Any person picnicking, camping or making other use of the marginal land shall keep the premises neat and clean, pick up and remove in a sanitary manner all paper, garbage, rubbish and debris and before leaving the premises, put out any fire made by him.
(B) Swimming and Bathing. Swimming and bathing are prohibited in the reservoir except at such points as may hereafter be designated by the Council. If areas are designated for swimming, such swimming shall be done at the risk of the swimmer.
(C) The use of jet-skis and recreational vehicles are prohibited on Lake Staunton.
(D) Use of Firearms. No person shall fire or discharge any firearm or any description on the lake or within the limits of the marginal land except as permitted by Section 31-1-7 of this Chapter. However, the City may authorize any person to use firearms, traps or other means to destroy any predatory or otherwise undesirable bird or acquatic animal life. (Ord. No. 1098; 01-29-97)
(E) Fires. No fires shall be lighted or used on the marginal land except at such places as may be designated by the City for such purposes and except by any custodian on the marginal land leased by him.
(G) Glass Containers. It shall be unlawful to bring or possess glass beverage containers on lake property.
31-1-7 PROHIBITED ACTS AND CONDITIONS.
(A) Generally. All ordinances of the City relating to misdemeanors and nuisances within the corporate limits are hereby declared to apply to Lake Staunton and the marginal land and premises adjacent thereto, and to the water pumping and filtration plant and adjacent grounds which are owned by the City.
(B) Injury to Property. No person shall willfully, maliciously or negligently cut, break, climb on, carry away, conceal or deface any tree, shrub, plant, turf or grass or take down, alter, mar, mame, injure or destroy any sign, trailer marker, placard, notice, post, barrier, pile or buoy posted or placed or growing by the City or authorized to be posted or placed by the City on the lake and marginal land.
(C) Opening Hydrants. No person shall open any fire hydrant of the City except a duly authorized fireman or agent of the City.
(D) Prohibited Grounds. No person shall go upon any portion of the lake or marginal land where, by a sign or notice posted or authorized to be posted by the City, persons are prohibited from going.
(E) Pollution of Waters. No person shall, in any part of the drainage area, place, throw, discharge or cause to be discharged any sewage, garbage, decayed or other matter into and so as to directly or indirectly pollute or tend to pollute the reservoir or other waters from which the City obtains a water supply.
(F) Animals. No person shall cause or permit any domestic livestock or poultry to run at large on the marginal land. Any livestock or poultry found at large thereon may be taken by the City and sold to pay the expense of taking, keeping, advertising and selling such livestock or poultry.
(G) Hunting, Trapping, Removing Eggs From Nests. No person shall trap, catch, kill or wound or attempt to trap, catch, kill or wound any bird or animal, take any bird egg or molest or rob any next of any bird or animal on the lake or marginal land. This subsection shall not be construed to prohibit the hunting of ducks, geese or other game birds allowed by State or Federal Laws.
(H) Intoxicated Persons. No intoxicated person shall enter or remain in or around the lake or public grounds or marginal land.
31-1-8 LAKE POLICE OFFICERS. It shall be the duty of police officers of the City and such special police as may be designated or appointed to enforce the provisions of this Chapter. The Mayor and City Council may appoint such special police as may be deemed necessary for the purposes of this Chapter, who shall qualify by taking oath and giving bond in the same manner as regular police officers.
31-1-9 FISH LIMITS FOR LAKE. The following regulations shall apply to persons fishing in the Staunton Lake.
(A) Large Mouth Bass. Fifteen (15) inches in length. Limit of three (3) per day.
(B) Channel Catfish. No length. Limit of six (6) per day.
(C) Pole and Line Fishing Only. Limit of two (2) poles with no more than two (2) hooks per line.
(D) No Trot Lines -- Bank Lines -- or Jugs - governed by Department of Conservation.
ARTICLE II
RENTAL FEES
31-2-1 PARK RENTAL. City residents and non-residents, age twenty-one (21) years or older, may reserve a pavilion facility at the City parks located at 901 E. Montgomery and 900 E. Montgomery by contacting the City Clerk’s office to reserve the date and facility. Reservations will be honored on a first-come, first-serve basis. Reservation applies only to the use of a pavilion and the restrooms servicing that pavilion. The playground and adjacent parks shall remain open for public use during the date and hours of the reservation. Reservations may apply between the hours of 8:00 A.M. and 12:00 P.M.
(A) Rental Fee and Deposit. A deposit in the amount of Seventy-Five Dollars ($75.00) shall be collected by the City Clerk upon receipt of the reservation form. Upon inspection, by a designee of the City, Fifty Dollars ($50.00) may be returned to resident renter and Twenty-Five Dollars ($25.00) may be returned to a non-resident renter, if the reserved area and restrooms are free of trash and debris by 10:00 A.M. the following day. The renter shall forfeit the Fifty Dollar ($50.00) deposit if the renter does not restore the area to its same condition as prior to use. Renter may also be held responsible for any and all damages caused to the facilities and restrooms during the hours of use as indicated on the reservation form. No glass containers are allowed in City parks.
(Ord. No. 1284; 07-11-05)
31-2-2 RENTAL OF BAND SHELL AND BASEMENTS AT CITY HALL COMPLES. Residents and non-residents, age twenty-one (21) years or older, may reserve the Band Shell or Basements at the City Hall Complex located at 304 W. Main by contacting the City Clerk’s office to reserve the date and facility. Reservations will be honored on a first-come, first-serve basis. Reservations may apply between the hours of 8:00 A.M. and 12:00 P.M.
(A) Rental Fee and Deposit. A deposit in the amount of Seventy-Five Dollars ($75.00) shall be collected by the City Clerk upon receipt of the reservation form. Upon inspection, by a designee of the City, Fifty Dollars ($50.00) may be returned to resident renter and Twenty-Five Dollars ($25.00) may be returned to a non-resident renter, if the reserved area and restrooms are free of trash and debris by 10:00 A.M. the following day. The renter shall forfeit the Fifty Dollar ($50.00) deposit if the renter does not restore the area to the same condition as prior to use. Renter may also be held responsible for any and all damages caused to the facilities and restrooms during the hours of use as indicated on the reservation form. No glass containers are allowed in City parks. (Ord. No. 1283; 07-11-05)
31-2-2 RENTAL OF BAND SHELL AND BASEMENTS AT CITY HALL COMPLEX. Residents and non-residents, age twenty-one (21) years or older, may reserve the Band Shell or Basements at the City Hall Complex located at 304 W. Main by contacting the City Clerk’s office to reserve the date and facility. Reservations will be honored on a first-come, first-serve basis. Reservations may apply between the hours of 8:00 A.M. and 12:00 P.M.
(A) Rental Fee and Deposit. A deposit in the amount of Seventy-Five Dollars ($75.00) shall be collected by the City Clerk upon receipt of the reservation form. Upon inspection, by a designee of the City, Fifty Dollars ($50.00) may be returned to resident renter and Twenty-Five Dollars ($25.00) may be returned to a non-resident renter, if the reserved area and restrooms are free of trash and debris by 10:00 A.M. the following day. The renter shall forfeit the Fifty Dollar ($50.00) deposit if the renter does not restore the area to the same condition as prior to use. Renter may also be held responsible for any and all damages caused to the facilities and restrooms during the hours of use as indicated on the reservation form. No glass containers are allowed in City parks. (Ord. No. 1283; 07-11-05)
ARTICLE III
PLAYGROUND AND RECREATION BOARD
31-3-1 BOARD CREATED, APPOINTMENTS, TERMS AND VACANCIES. There is hereby established a Playground and Recreation Board of the City, composed of five (5) members to be appointed by the Mayor by and with the consent of the City Council. Of the members first appointed, one shall be for a term of five (5) years, one for a term of four (4) years, one for a term of three (3) years, one for a term of two (2) years, and one for a term of one (1) year. Subsequent appointments shall be made for five (5) year terms. Members shall serve until their successors are appointed and qualified. In case of vacancy, the Mayor shall appoint a successor to serve.
31-3-2 ORGANIZATION.
(A) Quorum. A majority of the members of the Board shall constitute for the transaction of business.
(B) Officers, Conduct of Business. The Board shall elect necessary officers and adopt such rules, bylaws and regulations as it may deem proper for the conduct of its work.
31-3-3 POWERS. The Playground and Recreation Board shall have power to maintain and equip playground and recreation centers and the buildings thereon within or beyond the corporate limits of the City, and may, for the purpose of carrying out the purposes for which this Chapter is adopted, employ play leaders, playground directors, supervisors, a recreation superintendent or other such officers or employees as it deems proper. Such Board shall have and may exercise all powers conferred by State statutes providing for the acquisition, equipment, conduct and maintenance of public playgrounds. In the exercise of the powers conferred by such statutes and this Chapter, the Board may cooperate or join with school, park or other governmental authorities and bodies and shall have the power to use lands, buildings and equipment made available to it by other governmental bodies and authorities.
31-3-4 REPORT OF DIRECTORS. Within fifteen (15) days after the expiration of the fiscal year of the City, the Playground and Recreation Board shall make a report as of the last day of said fiscal year to the City Council. This report shall be in writing and shall be verified under oath by the secretary or some other responsible officer of the Board. It shall contain:
(A) An itemized statement of the various sums of money received from the playground and recreation tax and from other sources;
(B) An itemized statement of the objects and purposes for which such sums of money have expended;
(C) A statement of the real and personal property acquired by devise, bequest, purchase or otherwise;
(D) A statement of the character of any extensions of playgrounds and recreation service that have been undertaken;
(E) A statement of the financial requirements of the Playground and Recreation Board for the ensuing fiscal year, and of the rate of tax which, in the judgment of the Playground and Recreation Board, it will be necessary to levy for recreation and playground purposes; and
(F) Any other information and recommendation that may be of interest.
31-3-5 REVENUE.
(A) Gifts and Donations.
(1) Authority to Accept. The Playground and Recreation Board may accept any grant or devise of real estate or any gift or bequest of money or other personal property or any donation, the principal or income of which is to be applied for either temporary or permanent use for playground or recreation purposes; but if the acceptance thereof for such purposes shall subject the City to expense for improvements, maintenance or renewal, the acceptance of any grant or devise of real estate shall be subject to the approval of the City Council.
(2) Disposition. Money received for such purposes, unless otherwise provided by the terms of the gift or bequest, shall be deposited with the Playground and Recreation Board and such money shall be deposited in a fund known as the Playground and Recreation Board Fund.
(B) Playground and Recreation Tax. The City Council shall annually levy and collect a tax equal to the percentage of the full, fair, cash value, as equalized or assessed by the Department of Revenue, of all taxable property within the corporate limits of the City as provided by State statutes. Such tax shall be designated as the playground and recreation tax and shall be levied and collected in like manner as the general tax for the City is collected. Such tax shall be in addition to the maximum of taxes permitted to the City and exclusive of all other taxes the City may levy or collect, and shall not be scaled down.
(C) Expenditures. The cost and expense incurred by the Playground and Recreation Board shall be paid out of the taxes so collected, or out of money received as or realized from gifts received for this purpose, and the same shall be expended under the direction of the Board and shall be paid out upon the warrants drawn on the Municipal treasury upon order of such Board.
(Ord. No. 1172; 09-25-00)
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