ORDINANCE NO. 120096
Enacting Chapter 53, Code of Ordinances, entitled Parks,
Recreation, and Boulevards, and repealing Chapter 64, Article VI, Parks and
Boulevards.
BE IT ORDAINED BY THE COUNCIL OF
KANSAS CITY:
Section 1. That
Chapter 53, Code of Ordinances of the City of Kansas City, Missouri, is hereby enacted,
to read as follows:
Chapter 53.
Parks, Recreation and Boulevards
Sec. 53-1. System of parks,
parkways and boulevards.
The Board of Parks
and Recreation Commissioners, as established in the Charter, shall have the
power, and it shall be its duty, to devise, extend, develop and maintain a
system of public parks, parkways and boulevards, for the use of the city and
its inhabitants; to select and designate lands to be used and appropriated for
such purposes within or without the city limits and to improve the same; to
select routes and streets for boulevards and to cause the same to be opened and
widened, improved and maintained; and by and with the approval and authority,
by ordinance, of the council, to lease, purchase, condemn or otherwise acquire,
in the name of the city, lands, easements and other interests in lands for
parks, parkways, boulevards, and public squares; and by and with the approval
and authority, by ordinance, of the council, to establish, change or
re-establish the grade of any boulevard or parkway, and to require any railway
upon or across any boulevard or parkway to be brought to the grade as
established, changed or re-established. No change shall be made in the grade of
any street upon which any park land abuts, unless the board shall approve such
change of grade.
Sec. 53-2. Management of
parks and boulevards.
The Board of Parks
and Recreation Commissioners shall superintend, control and manage any and all
parks, parkways, boulevards and highways and public grounds belonging to or
under the control of the city which are under the control and management of the
board, and such others as the council may, upon recommendation of said board,
place under its control and management; and may construct, improve, adorn,
regulate and maintain the same in such manner as it may deem best. The board
may establish standards for the construction of parks, boulevards and parkways.
The council shall have power to pass ordinances for the regulation and orderly
governance of parks, parkways, boulevards and public grounds, and to prescribe
fines and penalties for the violation of such ordinances. The council, upon
recommendation of the board, may regulate the traffic on all boulevards,
parkways and highways under its control, and, upon like recommendation, it may
regulate the kind and character of all vehicles used on or passing over the
same, and the width and kind of tires used thereon, and may exclude heavy
traffic or any kind of vehicle used or operated for commercial purposes from
boulevards, parkways and parks. The council may provide that all trees and
shrubs on all or any of the streets, avenues and highways and public grounds of
the city not under the control and management of the board shall be planted,
cared for and maintained by the board. In that case the council shall make
provision for the funds necessary to be used for that purpose.
Sec. 53-3. Recreation.
The Board of Parks
and Recreation Commissioners shall have charge of the operation of all public
playgrounds, beaches, swimming pools, wading pools and grounds for games or
sports and other recreational facilities.
Any moneys
appropriated by the council to the department of parks and recreation for
recreation purposes or a recreation program shall be expended for said purposes
only and for no other purpose or function within the department.
Sec. 53-4. Building restrictions.
It shall be the duty
of the Board of Parks and Recreation Commissioners, and they shall have the
power, to recommend to the council the enactment of ordinances, and the council
may pass ordinances establishing restrictions as to the use of lands abutting
upon and adjacent to parks, parkways and boulevards, or other highways under
the control of the board and within one hundred and fifty feet thereof. Such
restrictions may exclude the erection of, and may regulate the use and
character of, houses or buildings or other structures within such areas and
within any part thereof; and may restrain and prohibit the carrying on of
manufacturing, storage or other business enterprises of any kind, or of certain
kinds of businesses, within such areas and within any part thereof, and may
regulate or exclude billboards, gas tanks and gasoline filling stations within
such areas or any part thereof, and may regulate and prescribe the height and
bulk of buildings and the area of any tract of land that may be occupied by
buildings or structures within such areas and in any part thereof, and the uses
to which they may be put. Whenever the board shall recommend to the council an
ordinance establishing or extending a park, parkway or boulevard, it may
recommend the establishment at the same time of such restrictions named in this
section, or any of them, in the use of land fronting or abutting on or adjacent
to the proposed park, parkway or boulevard.
Sec. 53-5. Contracts for
construction, improvement or repairs.
The
doing of all work and the furnishing of all material for the construction,
improvement, maintenance or repairs of any park, public square, parkway,
boulevard or avenue, or parts thereof, which may be under the control and
management of the Board of Parks and Recreation Commissioners, may be let by
such board in the manner provided in the city Charter and in this Code. All
materials necessary for such construction, improvement, maintenance or repairs
not furnished by contract as provided in this section may be purchased by the
board in such manner as it may deem best insofar as such provision does not
conflict with the Charter.
Section
2. That Chapter 64, Article VI, Parks and Boulevards, which comprises Sections
64-201 through 64-208, is hereby repealed.
_____________________________________________
Approved
as to form and legality:
___________________________________
M.
Margaret Sheahan Moran
Assistant
City Attorney