City of Waverly, IL
Morgan County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Waverly as Ch. 20 of the 1973 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Advertising materials — See Ch. 103.
Animals — See Ch. 115.
Offenses — See Ch. 209.
Open burning — See Ch. 214.
The City park is for the use and enjoyment of the public. Reservation of areas or facilities of the City park for special events may be made by application to the City Clerk. Such applications will include the date, time, type of event, areas or facilities required and name of sponsoring individual or organization. The City Clerk will maintain the record of such reservations. In case of conflict, the City Clerk will obtain the decision of the City Council.
[Added 9-7-1976]
It shall be unlawful for any person to possess or consume any alcoholic liquor, beer or wine in the City park.
[Added 9-7-1976]
It shall be unlawful for any person to drive or operate a motor vehicle within the City park unless authorized by a City official or City departmental head.
[Added 10-3-1978]
The City park is hereby declared closed to the public between the hours of 10:00 p.m. and 7:00 a.m., during which hours no person or persons, other than City employees, shall enter upon or remain in said park, other than persons authorized to do so pursuant to the provisions of § 221-1 of this article.
[Added 10-3-1978; amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person or persons who violate the provisions of § 221-4 of this article shall, upon conviction, be subject to penalties as set forth in Chapter 1, Article III, Penalties and Enforcement, of the City Code.
As used in this article, the following terms shall have the meanings indicated:
CRAFT
Any board or raft not permanently attached to the shore.
DRAINAGE AREA
That entire area of land and water that drains into Waverly Lake or into Woods Creek or any tributary or other stream above said public water supply dam.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
HIGH WATER LINE
The contour known as "622," being the elevation established pursuant to plans and specifications prepared by Casler and Associates in 1958 and 1961.
INTAKE
The place where the water supply for the City is taken from Waverly Lake.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
MARGINAL LAND
The land owned or controlled by the City adjacent to the shoreline and not flooded by waters of Waverly Lake.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
SHORELINE
The extended point where the plane of the surface of the water of Waverly Lake touches the land.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
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 Waverly Lake.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
WAVERLY LAKE
The artificial lake and water impounded therein by means of the public water supply dam constructed in Section 5, Township 13, North Range 8 West of the Third Principal Meridian, Morgan County, Illinois, on said land owned by the City, and by any other structure or structures heretofore or hereafter constructed within the limits of the hereinafter defined drainage area, which are for use as a public water supply for the City.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person violating any provision of this article shall become liable for all damages and expense thereby caused to the City or any other person or persons by reason of such violation in addition to the criminal penalties provided for the violation of this Code.
A. 
All applications for permits or licenses herein provided for shall be directed to the City Clerk.
B. 
All permits and licenses herein provided for that may be issued by the City shall not be transferable in any way, but all benefits which may be derived therefrom shall accrue only to the person or persons to whom the permit was originally issued by the City.
C. 
Each permit or license, whether or not issued for a consideration, shall be subject to revocation by the City, unless otherwise expressly provided, whenever the licensee or holder of such permit in any way violates, or permits the violation of, any law, ordinance, rule, regulation for the care, protection or control of Waverly Lake or drainage area or water supply of the City.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
D. 
All such permits or licenses may be consecutively numbered.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
In addition to the regulations and restrictions that follow, all persons must comply with the rules and regulations for conduct in, on and around Waverly Lake available from the City offices.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
No business establishments, peddling, begging or advertising shall be permitted on the marginal land or Waverly Lake unless by authority of the City Council.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
No building or other structures, whether for habitation or otherwise, including any dock, wharf, boathouse or anchored or stationary raft, shall be constructed, altered or maintained within Waverly Lake or marginal land unless a permit in writing therefor, based upon a written application setting forth the locations, specifications, intended area and use thereof, is granted by the City Council.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
No person shall fire or discharge firearms of any description within the limits of Waverly Lake or marginal land, except the police officers of the City in the performance of their duty, or in any shooting range which the City may hereafter establish or unless by permission of the City Council first had and obtained.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
No clothing, bedding, carpet, vehicle, receptacle or article that tends to pollute water shall be washed in Waverly Lake.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person picnicking, camping or making other use of Waverly Lake and marginal land shall keep the premises neat and clean, remove in a sanitary manner all paper, rubbish, garbage, refuse and debris before leaving the premises, and extinguish any fire made by him.
[Amended 11-6-1979; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
No person or persons shall camp overnight on Waverly Lake or marginal land surrounding Waverly Lake for a continuous period of more than four days and nights.
No person shall drive a motor vehicle upon any road, drive or parkway located on said lake lands at a speed greater than is reasonable and proper, having regard for the traffic and the use of the way and so as not to endanger the life, limb or injure the property of any person. The City may from time to time designate the maximum rate of speed on all boulevard roads and parkways based on the location, nature and amount of traffic on the same and shall erect suitable signs indicating such maximum rates of speed. If the speed of any motor vehicle operated on any boulevard, road or parkway shall exceed the rate of speed designated for said location, said rate of speed shall be prima facie evidence that the person operating such motor vehicle was running at a rate of speed greater than is reasonable and proper having regard for traffic and use of the way.
The parking of motor vehicles and/or trailers shall be permitted in the parking areas and along the side of roads and parkways except where the City prohibits parking by erection of a "no parking" sign; and further, no parking shall be permitted at any place where a standing or parked vehicle tends to obstruct the flow of a single line of traffic in each direction.
[Added 11-6-1979; amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
It shall be unlawful for any unauthorized person or persons to enter or remain in or on Waverly Lake and marginal land between the hours of 10:00 p.m. of any day and 5:00 a.m. of the following day.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Swimming, bathing and wading in Waverly Lake is strictly prohibited.[1]
[1]
Editor's Note: Original Div. 2, Secs. 20-51 through 20-54, of the 1973 Code, regarding swimming activities, which immediately followed this section, were repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[Amended 3-3-1987 by Ord. No. 87-1; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A. 
Authority of City. The City shall at all times have power and authority to prohibit, restrict or otherwise limit or regulate the keeping, maintenance or operation of any or all boats and craft on the waters of Waverly Lake should it become necessary to do so in the interests of the public health or safety, or for the protection or improvement of Waverly Lake or watercourses.
B. 
Compliance with law. No person shall be allowed to operate or attempt to operate any boat or craft in any manner illegal to boating laws and regulations of the state.
C. 
Manner of operation. It shall be unlawful for any person to operate or use any boat or craft in such a manner as to create a nuisance or disturb the peace or quiet of any part of Waverly Lake or marginal land.
D. 
Speed. Waverly Lake is a "no wake zone."
E. 
No person shall use or operate any boat or watercraft on the waters of Waverly Lake without having first obtained a City boat license. Said license shall be issued by the City Clerk upon written application by the boat or watercraft owner and upon receipt of an annual fee as set forth in the fee schedule adopted by the City Council. Each annual license so issued shall be for the year running from April 1 to March 31.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A. 
Generally. No person required to be licensed by the laws of the state shall take, catch or attempt to take or catch any species of fish, frogs or turtles without a state fishing license in full force and effect, issued to said person and in his possession.
B. 
Compliance with law. All persons, while fishing at Waverly Lake, shall strictly comply with the game and fish code of the state and regulations issued pursuant thereto.
C. 
Suspension of activity. The privilege of fishing in Waverly Lake or any part thereof may be suspended by the City at any time, whenever such suspension shall be deemed proper to conserve aquatic life or to prevent any tendency to pollute the waters of Waverly Lake, or to promote the improvement or convenient maintenance or any part thereof. The posting of any authorized sign in any part of Waverly Lake shall suspend the privilege of fishing at such location.
D. 
Sanitary restrictions. All persons using the waters of Waverly Lake for fishing shall so use the same so as not to create any unsanitary condition in and about said water or marginal land so as to pollute or make any part of the waters unwholesome or unfit for human consumption.