CHAPTER 1
Code
Of the
City of Lyons
Kansas
Published Under the Authority and by the Direction of
The Governing Body of the City of Lyons,
Kansas, 2006
A Codification of the General Ordinances of the
City of Lyons, Kansas
ORDINANCE NO. 1742
AN ORDINANCE ADOPTING THE CODIFICATION OF ORDINANCES OF THE CITY OF
LYONS, KANSAS, PROVIDING FOR THE REPEAL OF CERTAIN OTHER ORDINANCES NOT INCLUDED THEREIN, EXCEPTING CERTAIN ORDINANCES FROM REPEAL AND SAVING CERTAIN ACCRUED RIGHTS AND LIABILITIES.
Be it Ordained by the Governing Body of the City of Lyons, Kansas:
Section 1. The codification of ordinances of the City of Lyons, Kansas, authorized by K.S.A. 12-3014 and 12-3015, as set out in the following chapters, Chapters I to XVI and Appendices A and G, all inclusive, and entitled the “Code of the City of Lyons, Kansas, 2006,” is hereby adopted and ordained as the ‘Code of the City of Lyons, Kansas, 2006,’ and said codification shall become effective upon publication of no fewer than 10 copies of said code in book form.
Section 2. All ordinances and parts of ordinances of a general nature passed prior to 18 December 2006, in force and effect at the date of the publication of no fewer than 10 copies of the “Code of the City of Lyons, Kansas, 2006,” and this ordinance, are hereby repealed as of the date of publication of said code except as hereinafter provided.
Section 3. In construing this ordinance, the following ordinances shall not be considered or held to be ordinances of a general nature:
(a) Ordinances pertaining to the acquisition of property or interests in property by gift, purchase, devise, bequest, appropriation or condemnation;
(b) Ordinances opening, dedicating, widening, vacating or narrowing streets, avenues, alleys and boulevards;
(c) Ordinances establishing and changing grades of streets, avenues, alleys and boulevards;
(d) Ordinances naming or changing the names of streets, avenues and boulevards;
(e) Ordinances authorizing or directing public improvements to he made;
(f) Ordinances creating districts for public improvements of whatsoever kind or nature;
(g) Ordinances levying general taxes;
(h) Ordinances levying special assessments or taxes;
(i) Ordinances granting any rights, privileges, easements or franchises therein mentioned to any person, firm or corporation;
(j) Ordinances authorizing the issuance of bonds and other instruments of indebtedness by the city;
(k) Ordinances authorizing contracts;
(1) Ordinances establishing the limits of the city or pertaining to annexation or exclusion of territory;
(m) Ordinances relating to compensation of officials, officers and employees of the city:
(n) Ordinances of a temporary nature;
Provided, That the above enumeration of exceptions shall not be held or deemed to be exclusive, it being the purpose and intention to exempt from repeal any and all ordinances not of a general nature and general ordinances specifically excepted by this section.
Section 4. The arrangement and classification of the several chapters, articles, and sections of the code adopted by Section 1 of this ordinance and the head notes and footnotes at the ends of the sections, are made for the purpose of convenience and orderly arrangement, and do not constitute a part of the ordinances, and therefore, no implication or presumption of legislative intent or construction is to he drawn there from.
Section 5. The repeal of ordinances as provided in Section 2 hereof, shall not affect any rights acquired, fines, penalties, forfeitures or liabilities incurred there under, or actions involving any of the provisions of said ordinances or parts thereof. Said ordinances above repealed are hereby continued in force and effect after the passage, approval and publication of this ordinance for the purpose of such rights, fines, penalties, forfeitures, liabilities and actions therefore.
Section 6. If for any reason any chapter, article, section, subsection, sentence, portion or part of the “Code of the City of Lyons, Kansas, 2006,” or the application thereof to any person or circumstances is declared to be unconstitutional or invalid, such decision will not affect the validity of the remaining portions of this code.
Section 7. This ordinance shall take effect and he in force from and after the publication of the “Code of the City of Lyons, Kansas, 2006,” as provided in K.S.A. 12-3015.
Passed by the Governing Body of the City of Lyons, Kansas, this 18th Day of December 2006.
/s/ Clarence Moses, Mayor
ATTEST:/S/ Jodi Oakley, City Clerk
(SEAL)
TABLE OF CONTENTS
CHAPTER I ADMINISTRATION
Article 1. General Provisions
Article 2. Governing Body
Article 3. Officers and Employees
Article 4. Personnel Policy and Employee Benefits
Article 5. Oaths and Bonds
Article 6. Open Records
Article 7. Investment of Idle Funds
CHAPTER II ANIMAL CONTROL AND REGULATION
Article 1. General Provisions
Article 2. Dogs
CHAPTER III BEVERAGES
Article 1. General Provisions
Article 2. Cereal Malt Beverages
Article 3. Alcoholic Liquor
Article 4. Private Clubs
CHAPTER IV BUILDINGS AND CONSTRUCTION
Article 1. Fire Limits
Article 2. Building Code
Article 3. Electrical Code
Article 4. Plumbing and Gas-Fitting Code
Article 5. Mechanical Code
Article 6. Moving Buildings
Article 7. Dangerous and Unfit Structures
Article 8. House and Building Numbering
Article 9. Natural Gas Damage Prevention Program
Article 10. Housing Code
Article 11. Residential Code
CHAPTER V BUSINESS REGULATIONS
Article 1. Solicitors, Canvassers, Peddlers
Article 2. Amusement Devices
Article 3. Scrap Metal Dealers
CHAPTER VI ELECTIONS
Article 1. Elections
Article 2. Wards
CHAPTER VII FIRE
Article 1. Fire Department
Article 2. Fire Prevention
Article 3. Fireworks
Article 4. Insurance Proceeds Fund
Article 5. Liquified Petroleum Gases
CHAPTER VIII HEALTH AND WELFARE
Article 1. Health Officer
Article 2. Health Nuisances
Article 2A. Environmental Code
Article 3. Junked, Abandoned Vehicles
Article 4. Weeds
Article 5. Fair Housing
Article 6. Slaughterhouses
Article 7. Smoking in Restaurants
CHAPTER IX MUNICIPAL COURT
Article 1. General Provisions
CHAPTER X POLICE
Article 1. Police Department
Article 2. Property in Police Custody
CHAPTER XI PUBLIC OFFENSES
Article 1. Uniform Offense Code
Article 2. Local Regulations
CHAPTER XII PUBLIC PROPERTY
Article 1. City Parks
Article 2. Municipal Swimming Pool
Article 3. Library
Article 4. Cemetery
Article 5. Cemetery Endowment Fund
Article 6. Airport and Aircraft
CHAPTER XIII STREETS AND SIDEWALKS
Article 1. Sidewalks
Article 2. Streets
Article 3. Trees, Shrubs and Fences
Article 4. Snow and Ice
CHAPTER XIV TRAFFIC
Article 1. Standard Traffic Ordinance
Article 2. Local Traffic Regulations
Article 3. Appearance Bonds
Article 4. Impoundment of Motor Vehicles
Article 5. Hazardous Materials
CHAPTER XV UTILITIES
Article 1. General Provisions
Article 2. Water
Article 3. Sewers
Article 4. Solid Waste
Article 5. Gas
Article 6. Storm Water
CHAPTER XVI PLANNING
Article 1. City Planning Commission
Article 2. Flood Plain Zoning
APPENDIX A. CHARTER ORDINANCES
APPENDIX B. FRANCHISE AGREEMENTS
APPENDIX C. ZONING ORDINANCE
APPENDIX D. SUB-DIVISION ORDINANCE
APPENDIX E. MOBILE HOME PARK ORDINANCE
APPENDIX F. CITY BOUNDARY
APPENDIX G. OTHER ORDINANCES
INDEX
CHAPTER 1. ADMINISTRATION
Article 1. General Provisions
Article 2. Governing Body
Article 3. Officers and Employees
Article 4. Personnel Policy and Employee Benefits
Article 5. Oaths and Bonds
Article 6. Open Records
Article 7. Investment of Idle Funds
ARTICLE 1. GENERAL PROVISIONS
1-101. CODE DESIGNATED. The chapters, articles and sections herein shall constitute and be designated as “The Code of the City of Lyons, Kansas,” and may be so cited. The Code may also be cited as the “Lyons City Code.” (Code 2005)
1-102. DEFINITIONS. In the construction of this code and of all ordinances of the city, the following definitions and rules shall be observed, unless such construction would be inconsistent with the manifest intent of the Governing Body or the context clearly requires otherwise:
a) City shall mean the City of Lyons, Kansas.
b) Code shall mean “The Code of the City of Lyons, Kansas.”
c) Computation of Time. The time within which an act is to be done shall be computed by excluding the first and including the last day; and if the last day be a Saturday, Sunday, or legal holiday, that day shall be excluded.
d) County means the County of Rice in the State of Kansas.
e) Delegation of Authority. Whenever a provision appears requiring or authorizing the head of a department or officer of the city to do some act or perform some duty, it shall be construed to authorize subordinates to do the required act or perform the required duty unless the terms of the provision designate otherwise.
f) Gender. Words importing the masculine gender include the feminine and neuter.
g) Governing Body shall be construed to mean the Mayor and City Council of the city, or those persons appointed to fill a vacancy in the office of Mayor or the City Council as provided in this code.
h) In the city shall mean and include all territory over which the city now has, or shall hereafter acquire jurisdiction for the exercise of its police powers or other regulatory powers.
i) Joint authority. All words giving a joint authority to three or more persons or officers shall be construed as giving such authority to a majority of such persons or officers.
j) Month shall mean a calendar month.
k) Number. Words used in the singular include the plural and words used in the plural include the singular.
l) Oath includes an affirmation in all cases in which, by law, an affirmation may be substituted for an oath, and in such cases the word “swear” is equivalent to the word “affirm.”
m) Officers, departments, etc. Officers, departments, boards, commissions, and employees referred to in this code shall mean officers, departments, boards, commissions, and employees of the city, unless the context clearly indicates otherwise.
n) Owner applied to a building or land, shall include not only the owner of the whole but any part owner, joint owner, tenant in common or joint tenant of the whole or part of such building or land.
o) Person includes a firm, partnership, association of persons, corporation, organization or any other group acting as a unit, as well as an individual.
p) Property includes real, personal and mixed property.
q) Real Property includes lands, tenements and hereditaments, and all rights thereto and interest therein, equitable as well as legal.
r) Shall, may. “Shall” is mandatory and “may” is permissive.
s) Sidewalk means any portion of a street between the curb line and the adjacent property line intended for the use of pedestrians.
t) Signature, subscription includes a mark when the person cannot write, when his or her name is written near such mark and is witnessed by a person who writes his or her own name as a witness.
u) State shall be construed to mean the State of Kansas.
v) Street means and includes public streets, avenues, boulevards, highways, roads, alleys, lanes, viaducts, bridges and the approaches thereto and all other public thoroughfares in the city.
w) Tenant or occupant applied to a building or land, shall include any person holding a written or oral lease of, or who occupies the whole or a part of such building or land, whether alone or with others.
x) Tenses. Words used in the past or present tense include the future as well as the past and present.
y) Writing or written may include printing, engraving, lithography and any other mode of representing words and letters, except those cases where the written signature or the mark of any person is required by law.
z) Year means a calendar year, except where otherwise provided.
(Code 2005)
1-103. EXISTING ORDINANCES. The provisions appearing in this code, so far as they are in substance the same as those of ordinances existing at the time of the effective date of this code, shall be considered as continuations thereof and not as new enactments. (Code 2005)
1-104. EFFECT OF REPEAL. The repeal of an ordinance shall not revive an ordinance previously repealed, nor shall such repeal affect any right which has accrued, any duty imposed, any penalty incurred or any proceeding commenced under or by virtue of the ordinance repealed, except as shall be expressly stated therein. (Code 2005)
1-105. CATCH LINES OF SECTIONS. The catch lines of the sections of this code printed in capital letters are intended as mere catchwords to indicate the contents of the section and shall not be deemed or taken to be titles of such sections, nor as any part of any section, nor unless expressly so provided, shall they be so deemed when any section, including its catch line, is amended or reenacted. (Code 2005)
1-106. PARENTHETICAL AND REFERENCE MATTER. The matter in parenthesis at the ends of sections is for information only and is not part of the code. Citations indicate only the source and the text may or may not be changed by this code. This code is a new enactment under the provisions of K.S.A. 12-3014 and 12-3015. Reference matter not in parenthesis is for information only and is not a part of this code. (Code 2005)
1-107. AMENDMENTS; REPEAL. Any portion of this code may be amended by specific reference to the section number as follows: “Section _____ of the code of the City of Lyons is herby amended to read as follows: (the new provisions shall then be set out in full)…” A new section not heretofore existing in the code may be added as follows: “The code of the City of Lyons is hereby amended by adding a section (or article or chapter) which reads as follows: (the new provisions shall be set out in full)…” All sections, or articles, or chapters to be repealed shall be repealed by specific reference as follows: “Section (or article or chapter) _____ of the code of the City of Lyons is hereby repealed.” (Code 2005)
1-108. ORDINANCES. All ordinances of the city shall be considered at a public meeting of the Governing Body except as otherwise provided by law. The vote on any ordinance, except as otherwise provided by law, shall be by yeas and nays, which shall be entered on the journal by the clerk. All ordinances shall be valid when a majority of all the members-elect of the City Council shall vote in favor. Where the number of favorable votes is one less than required, the Mayor shall have power to cast the deciding vote in favor of the ordinance. (Code 2005)
1-109. SAME; SUBJECT AND TITLE; AMENDMENT. No ordinance shall contain more than one subject, which shall be clearly expressed in its title; and no section or sections of an ordinance shall be amended unless the amending ordinance contains the entire section or sections as amended and the section or sections amended shall be repealed. (K.S.A. 12-3004; Code 1976, 1-107)
1-110. SAME; ORDAINING CLAUSE, NUMBER. The ordaining clause of all ordinances shall be: “Be it Ordained by the Governing Body of the City of Lyons.” After an ordinance shall have been passed, the City Clerk shall assign to it a number provided, that appropriation ordinances may be numbered in a separate series. (Code 1976, 1-107)
1-111. SAME; PUBLICATION. No ordinance, except those appropriating money, shall be in force until published in the official city newspaper by the City Clerk. One publication of any such ordinance shall be sufficient unless additional publications are required by statute or ordinance. The publisher of the newspaper shall prefix such published ordinance by a line in brackets stating the month, day and year of such publication. (K.S.A. 12-3007, Code 1976, 1-107; Code 2005)
1-112. SAME; ORDINANCE BOOK. Following final passage and approval of each ordinance, the City Clerk shall enter the same in the ordinance book of the city as provided by law. Each ordinance shall have appended thereto the manner in which the ordinance was passed, the date of passage, the page of the journal containing the record of the final vote on its passage, the name of the newspaper in which published and the date of publication. (K.S.A. 12-3008, Code 1976, 1-107, Code 2005)
1-113. RESOLUTIONS, MOTIONS. Except where a state statute or city ordinance specifically requires otherwise, all resolutions and motions shall be passed if voted upon favorably by a majority of a quorum of the City Council. (Code 2005)
1-114. CITY RECORDS. The City Clerk or any other officer or employee having custody of city records and documents shall maintain such records and documents in accordance with K.S.A. 12-120 to 12-121 inclusive, which is incorporated by reference herein as if set out in full. (K.S.A. 12-120:121; Code 2005)
1-115. ALTERING CODE. It shall be unlawful for any person, firm or corporation to change or amend by additions or deletions, any part or portion of this code, or to insert or delete pages, or portions thereof, or to alter or tamper with such code in any manner whatsoever which will cause the law of the City of Lyons to be misrepresented thereby. This restriction shall not apply to amendments or revisions of this code authorized by ordinances duly adopted by the Governing Body. (Code 2005)
1-116. SCOPE OF APPLICATION. Any person convicted of doing any of the acts or things prohibited, made unlawful, or the failing to do any of the things commanded to be done, as specified and set forth in this code, shall be deemed in violation of this code and punished in accordance with section 1-117. Each day any violation of this code continues shall constitute a separate offense. (Code 1976, 1-701; Code 1989; Code 2005)
1-117. GENERAL PENALTY.
(a) Whenever any offense is declared by any provision of this code, absent a specific or unique punishment prescribed, the offender shall be punished in accordance with this section.
(1) A fine of not more than $1000; or,
(2) Imprisonment in jail for not more than 1 year; or,
(3) Both such fine and imprisonment not to exceed (a) and (b) above.
(b) Each day any violation continues shall constitute a separate offense. (Code 1976, 1-701(b)(c))
1-118. SEVERABILITY. If for any reason any chapter, article, section, subsection, sentence, clause or phrase of this code or the application thereof to any person or circumstance, is declared to be unconstitutional or invalid or unenforceable, such decision shall not affect the validity of the remaining portions of this code. (Code 2005)
ARTICLE 2. GOVERNING BODY
1-201. GOVERNING BODY. The Governing Body shall consist of a Mayor and eight council members to be elected as set out in Chapter 6 of this code. (Code 1976, 1-101; Code 1989 CO #18)
1-202. POWERS GENERALLY. All powers exercised by cities of the second class or which shall hereafter be conferred upon them shall be exercised by the Governing Body, subject to such limitations as prescribed by law. All executive and administrative authority granted or limited by law shall be vested in the Mayor and City Council as Governing Body of the city. (K.S.A. 12-103; Code 1976, 1-102; Code 1989)
1-203. SAME; MEETINGS.
(a) Regular meetings of the Governing Body shall be held on the first and third Monday of each month at 6:00 p.m. In the event the regular meeting day shall fall on any legal holiday or any day observed as a holiday by the City offices, the Governing Body shall fix an alternate day as a meeting day.
(b) Special meeting may be called by the Mayor or acting Mayor, on the written request of any three members of the City Council, specifying the object and purpose of such meeting, which request shall be read at a meeting and entered at length on the journal.
(c) Regular or special meetings of the Governing Body may be adjourned for the completion of its business at such subsequent time and place as the Governing Body shall determine in its motion to adjourn. (Ordinance 1649)
1-204. SAME; QUORUM. In all cases, it shall require a majority of the council members-elect to constitute a quorum to do business. (K.S.A. 14-111; Code 1976, 1-106; Code 1989)
1-205. POWERS OF THE MAYOR. The Mayor shall preside at all meetings of the Governing Body. The Mayor shall have the tie-breaking vote on all questions when the members present are equally divided. The Mayor shall:
(a) Have the superintending control of all officers and affairs of the city;
(b) Take care that the ordinances of the city are complied with;
(c) Sign the commissions and appointments of all officers elected or appointed;
(d) Endorse the approval of the Governing Body on all official bonds;
(e) From time to time communicate to the City Council such information and recommend such measures, as he or she may deem advisable;
(f) Have the power to approve or veto any ordinance, as the laws of the state shall prescribe;
(g) Sign all orders and drafts drawn upon the city treasury for money. (K.S.A. 14-301:302; Code 1976, 1-103; Code 1989)
1-206. PRESIDENT OF THE COUNCIL. The City Council shall elect one of its own body as president of the council. The president of the council shall preside at all meetings of the council in the absence of the Mayor. In the absence of both the Mayor and the president of the council, the council shall elect one of its members as “acting president of the council.” The president and acting president, when occupying the place of the Mayor, shall have the same privileges as other council members but shall exercise no veto. (K.S.A. 14-204; Code 1976, 1-104)
1-207. ADMINISTRATIVE POWERS. The Governing Body may designate whether the administration of a policy or the carrying out of any order shall be performed by a committee, an appointive officer, or the Mayor. If no administrative authority is designated it shall be vested in the Mayor. (Code 2005)
208. VACANCIES IN GOVERNING BODY; HOW FILLED.
a) Should any of the positions of any members of the governing body become vacant, the Mayor shall appoint a replacement within twenty-one days of the Mayor’s notice of the vacancy. The appointee shall be approved by a majority of the governing body at the next council meeting following appointment by the Mayor. The appointee shall serve the remaining portion of the term of the vacant position (C.O. 19)
b) Should the office of Mayor become vacant, the President of the City Council shall assume the position of the Mayor effective upon the date of the vacancy. The vacancy created by the President of the Council assuming the role of Mayor shall be filled as stated in section 1-208. (C.O. 19)
1-209. COMPENSATION. The Mayor shall receive for his or her service the sum of one thousand three hundred eighty dollars ($1,380.00) per annum, payable three hundred forty-five dollars ($345.00) each quarter, and each council member shall receive the sum of seven hundred twenty dollars ($720.00) per annum, payable one hundred eighty dollars ($180.00) each quarter. (Ordinance 1738)
1-210. EXPENSES. Each member of the Governing Body shall receive for his or her services and as reimbursement for his or her expenses, compensation as follows:
(a) Mileage at the same rate as is established by law by the State of Kansas for state employees for each mile traveled by the shortest route upon the performance of duties assigned by the Mayor and/or City Council.
(b) Reimbursement for actual food and lodging expenses upon the performance of duties assigned by the Mayor and/or City Council provided such expenses shall be documented by proper receipts. (Code 1989)
1-211. RULES AND ORDER OF BUSINESS. The following shall constitute guidelines for the rules and order of business of the city.
Rule 1. Adjourned Meetings. Adjourned meetings of the Governing Body may be held at such time and place as the Governing Body may determine in the motion to adjourn.
Rule 2. Special Meetings. Special meetings may be held at any time upon a call signed by a majority of the Governing Body. The call of a special meeting shall be in substantially the following form:
CALL FOR SPECIAL GOVERNING BODY MEETING
Lyons, Kansas ____________, 20__
To the Members of the Governing Body:
A special meeting of the Governing Body is hereby called to be held at the city hall, ____________, 20__ at _____ o’clock __.m., the object of said meeting being to ___________________________________________________________(state object)
Signed:
___________________
___________________
___________________
A notice of such special meeting, stating the time, place and object of the meeting, directed to the council members shall be issued by the City Clerk to the Chief of Police, his or her deputy, or a law enforcement officer or other city employee, who shall be required to make service of said notice at once personally upon each council member or to leave it at his or her usual place of residence, and such notice must be served or left at the usual place of residence at least two hours before the time of meeting. The person serving the notice shall make a return in writing of the service, showing the manner of such service. Attendance at a special meeting by any member of the Governing Body shall constitute a waiver of the right to notice under this rule for that member. Any member may waive notice of special meetings. The notice and the return shall be in substantially the following form:
NOTICE OF SPECIAL GOVERNING BODY MEETING
Office of the City Clerk
Lyons, Kansas
To ___________________
(Council Member)
You are hereby notified that there will be a special meeting of the Governing Body at _________ o’clock __.m., _______________, 20__, at the city hall for the object of ____________________ (state the same object as shown in the call).
Witness my hand and the seal of said city this __________ day of _________, 20__.
State of Kansas
____________________________
(City Clerk)
County Rice ss.
City of Lyons
To (Chief of Police, his or her deputy, or law enforcement officer or other city employee).
Greeting:
You are hereby directed to serve the above notice at once personally upon council member ________________ or to leave it as his or her usual place of residence before _______ o’clock __.m., on the ____ day of ___________, 20__, and to make a return in writing of said service, showing he manner of such service.
(SEAL) _________________________
City Clerk
RETURN
Received the original notice of special Governing Body meeting, of which the foregoing is a copy, at _______ o’clock _______ m., on the _______ day of _____, 20__, and (served the same personally on council member ____________ or left said original notice at the usual place of residence of council member _________________) at _______ o’clock __.m., on the ______ day of _______________, 20__.
Dated this _____ day of _________________, 20__.
Signed: _________________________
(Person serving notice)
Rule 3. Order of Business. At the hour appointed for meeting, the Governing Body shall be called together by the Mayor, and in his or her absences by the acting Mayor. The City Clerk shall call the roll and note that absentees and announce whether a quorum be present. Upon the appearance of a quorum the Governing Body shall proceed to business, which shall be conducted in the following order:
(1) Reading of the minutes of the last regular meeting and intervening special meetings, which if no corrections are offered, shall stand approved;
(2) Presentation of petitions, memorials, and remonstrance;
(3) Presentation of claims and appropriation ordinance;
(4) Unfinished business;
(5) New business;
(6) Reports of other city officers.
Rule 4. Order. The Mayor shall preserve order and decorum and shall decide questions of order subject to an appeal to the council.
Rule 5. Decorum. Every member previous to his or her speaking shall address himself or herself to the chair and shall not proceed until recognized by the chair. He or she shall indulge in no personalities and confine his or her remarks to the matter under debate.
Rule 6. Point of Order. A member called to order shall immediately suspend until the point of order raised is decided by the chair.
Rule 7. Certain Motions in Writing. Every motion except to adjourn, postpone, reconsider, commit, lay on the table, or for the previous question, shall be reduced to writing if the chair or any member requires it; when made and seconded, it shall be stated by the chairperson or being written shall be read by the clerk, and may be withdrawn before decision or amendment, or any disposition thereof has been made, or a vote thereon had.
Rule 8. Resolutions. All resolutions must be in writing.
Rule 9. Motions During Debate. When a question is under debate no motion shall be entertained except:
(1) To adjourn;
(2) To lay on the table;
(3) To take the previous question;
(4) To postpone;
(5) To amend;
which several motions shall have precedence in the order in which they are named, and the first three shall be decided without debate.
Rule 10. Division. Any member may call for a division of a question when the same will admit thereof.
Rule 11. Voting; Abstaining From Voting. When a question is put by the chair, every member present shall vote unless for special reasons the chair shall excuse him or her. For those questions for which an abstention is permitted, such a vote shall be counted as a vote cast in favor of the position taken by the majority of those persons present and voting. In doubtful cases the chair may direct, or any member may call for, a division. The yeas and nays shall be called upon a requisition of the chair or any member, and upon the final passage of all ordinances in which case the names of the members voting and their votes shall be recorded in the minutes.
Rule 12. Precedence of Questions. All questions shall be put in the order in which they are moved, except in case of privilege questions, and in filling blanks the longest time and the largest sum shall be first.
Rule 13. Previous Question. The previous question shall be put in these words: “Shall the main question now be put?” It shall be admitted on demand of any member and until decided shall preclude all amendments and debate of the main question.
Rule 14. Passing of Ordinances. All ordinances shall be read by sections, at which time amendments, if any, may be offered, but the reading of any sections shall not preclude the offering of an amendment to any preceding one. If amendments are made the chair shall so report, and each section shall be read as amended before the vote on the passage of the ordinance is taken. After reading and amendment (if any) of the ordinance, the question shall be: “Shall the ordinance pass?” The vote on the final passage of an ordinance shall be taken by yeas and nays, which shall be entered on the journal by the clerk; and no ordinance shall be valid unless a majority of (or otherwise as required by law) the members of the council vote in favor thereof: Provided, that no ordinance shall contain more than one subject, which shall be clearly expressed in its title, and no section or sections of an ordinance shall be amended unless the amending ordinance contains the entire section or sections as amended and the section sections amended shall be repealed. (K.S.A 12-3002; 3004)
Rule 15. Signing and Engrossing Ordinances. After an ordinance shall have passed it shall be correctly entered in the original ordinance book and the original and the book copy shall be signed by the Mayor, or in the absence of the Mayor by the acting Mayor, and attested by the clerk, who shall secure publication of the ordinance as required by law.
Rule 16. Clerk Reads Communications. Petitions and other papers addressed to the Governing Body shall be read by the clerk under proper order of business upon presentation of the same to the board.
Rule 17. Code of Procedure for Kansas Cities. In all points not covered by these rules, the Governing Body shall be governed by the League of Kansas Municipalities (2004 Addition), Code of Procedure for Kansas Cities. (Code 2005)
1-212. CODE OF ETHICS.
(a) Declaration of Policy - The proper operation of our government requires that public officials and employees be independent, impartial and responsible to the people; that governmental decisions and policy be made in the proper channels and that the public have confidence in the integrity of its government. In recognition of those goals, there is hereby established a Code of Ethics for all officials and employees, whether elected or appointed, paid or unpaid. The purpose of this code is to establish ethical standards by setting forth those acts or actions that are incompatible with the best interests of the city.
(b) Responsibilities of Public Office - Public officials and employees are agents of public purpose and hold office for the benefit of the public. They are bound to uphold the Constitution of the United States and the Constitution of this State and to carry out impartially the laws of the nation, state, and city and thus to foster respect for all government. They are bound to observe in their official acts the highest standards of morality and to discharge faithfully the duties of their office regardless of personal considerations, recognizing that the long term public interest must be their primary concern. Their conduct in both their official and private affairs should be above reproach.
(c) Dedicate Service - All officials and employees of the city should be responsive to the political objectives expressed by the electorate and the programs developed to attain those objectives. Appointive officials and employees should adhere to the rule of work and performance established as the standard for their positions by the appropriate authority. Officials and employees should not exceed their authority or breach the law or ask others to do so, and they should work in full cooperation with other public officials and employees unless prohibited from so doing by law or by officially recognized confidentiality of their work.
(d) Fair and Equal Treatment -
(1) Interest in Appointments. Canvassing of members of the City Council, directly or indirectly, in order to obtain preferential consideration in connection with any appointment to the municipal service shall disqualify the candidate for appointment except with reference to positions filled by appointment by the City Council.
(2) Use of Public Property- No official or employee shall request or permit the use of city-owned vehicles, equipment, materials, or property for personal convenience or profit, except when such services are available to the public generally or are provided as city policy for the use of such official or employee in the conduct of official business.
(3) Obligations to Citizens - No official or employee shall grant any special consideration, treatment, or advantage to any citizen beyond that which is available to every other citizen.
(e) Conflict of Interest- No elected or appointive city official or employee, whether paid or unpaid, shall engage in any business or transaction or shall have a financial or other personal interest, direct or indirect, which is incompatible with the proper discharge of his or her duties in the public interest or would tend to impair his or her independence of judgment or action in the performance of his or her official duties. Personal as distinguished from financial interest includes an interest arising from blood or marriage relationships or close business or political association.
Specific conflicts of interest are enumerated below for the guidance of officials and employees:
(1) Incompatible Employment- No elected or appointive city official or employee shall engage in or accept private employment or render services for private interests when such employment or service is incompatible with the proper discharge of his or her official duties or would tend to impair his or her independence of judgment or action in the performance of his or her official duties.
(2) Disclosure of Confidential Information- No elected or appointive city official or employee, shall, without proper legal authorization, disclose confidential information concerning the property, government or affairs of the city. Nor shall he or she use such information to advance the financial or other private interest of himself, herself or others.
(3) Gifts and Favors. No elected or appointive city official or employee shall accept any valuable gift, whether in the form of service, loan, thing or promise, from any person, firm, or corporation which to his or her knowledge is interested directly or indirectly in any manner whatsoever in business dealings with the city; nor shall any such official or employee (a) accept any gift, favor or thing of value that may tend to influence him or her in the discharge of his or her duties or (b) grant in the discharge of his or her duties any improper favor, service, or thing of value. The prohibition against gifts or favors shall not apply to: (a) an occasional nonpecuniary gift, of only nominal value or (b) an award publicly presented in recognition of public service or (c) any gift which would have been offered or given to him or her if not an official or employee.
(4) Representing Private Interest Before City Agencies or Courts- No elected or appointive city official or employee whose salary is paid in whole or in part by the city shall appear in behalf of private interest before any agency of this city. He or she shall not represent private interests in any action or proceeding against the interest of the city in any litigation to which the city is a party. (Code 1989)
ARTICLE 3. OFFICERS AND EMPLOYEES
1-301. APPOINTMENT. At the first regular meeting in May of each year the Mayor, by and with the consent of the council, shall appoint a City Administrator, City Clerk, City Attorney, Municipal Judge, Chief of Police, Fire Chief, City Health Officer, Municipal Court Clerk and such other officers as may be deemed necessary for the best interest of the city. Such officers shall hold their respective offices for a term of one year and until their successors have been appointed and qualified. All such appointments shall be entered on the journal of proceedings of the Governing Body. The duties and salaries of all appointed officers shall be fixed by ordinance. (K.S.A. 14-201; Code 1976, 1-201:202; Code 1989; C.O. 18)
1-302. SAME; RESIDENCY REQUIREMENT. No person shall be eligible for any appointive office unless he or she is a qualified elector of the city, except as provided by law. (Code 1976, 1-203)
1-303. EMPLOYEES. The City Administrator with consent of the Governing Body shall have authority to hire all non-appointed employees, or such authority may be delegated to the respective department heads. (Code 1976, 1-201; Code 1989)
1-304. REMOVAL.
(a) A majority of all members elect of the Governing Body may remove any appointed officer.
(b) For good cause, the Mayor may suspend at any time any appointed officer.
(c) Employees, other than appointed officers, may be removed by the City Administrator upon recommendation of the respective department head.
(d) No officer or employee shall be removed for any reason until he or she has been given notice. (K.S.A. 14-205; Code 1989)
1-305. VACANCY IN OFFICE. Whenever a vacancy occurs in any appointive office for whatever reason, the vacancy shall be filled by the Governing Body. Any person appointed to fill such vacancy shall serve only until the next regular time for appointment. (Code 1989)
1-306. CITY ADMINISTRATOR; APPOINTMENT. There is hereby created the office of City Administrator of the City. The Mayor, with the consent of the council, shall appoint a City Administrator, and shall employ such additional personnel as may be necessary to carry on the efficient administration of the city government. (Code 1976,1-205)
1-307. SAME; DUTIES; RESPONSIBILITIES. The City Administrator shall be responsible for the general administration of the business of the city to insure the efficient and effective administration of city affairs. The City Administrator shall be the chief administrative officer of the city and shall be responsible to the Governing Body through the Mayor to carry out his or her responsibilities. Except as otherwise provided by law, the City Administrator shall have authority to do and shall be required to do the following:
(a) Coordinate the duties of the respective city administrative officials and their employees and shall request and receive from department heads information deemed necessary to carry out the purpose of this article.
(b) Coordinate communications and controls from the Governing Body to the various administrative departments. All directives, instructions, reports and requests initiated or received by and between the Governing Body, Mayor or the department heads shall be routed through the City Administrator.
(c) Investigate all complaints in relation to matters concerning the administration of the government of the city and its services. Submit reports in order that the Governing Body may determine that the terms and conditions of all franchises, permits and privileges granted by the city are faithfully observed and exercised by the holders thereof.
(d) Attend all meetings of the Governing Body and committee meetings of the Governing Body.
(e) Establish or coordinate an adequate system of records that will reflect the current status and utilization of all city-owned land, personal property, buildings and equipment, in order that the Governing Body may insure proper maintenance and utilization.
(f) Act as purchasing agent for the city to coordinate and consolidate departmental purchases, and whenever practical, receive competitive bids for material, services, supplies and equipment. Recommend rules and regulations to govern the conditions of all expenditures, which shall be effective upon approval of the
Governing Body. Coordinate all expenditures of money, and coordinate investment of idle funds of the city.
(g) Make studies, analyses and reports in order that the Governing Body may adopt such measures, as it may deem necessary or expedient for the health, safety or welfare of the city, or for the improvement of administrative services thereof.
(h) Be responsible for taking applications, interviewing, hiring and discharging all non-appointed employees of the city.
(i) Perform such other duties as the Governing Body or the Mayor may direct from time to time. (Code 1976, 1-206)
1-308. CITY CLERK. The City Clerk shall:
(a) Be custodian of all city records, books, files, papers, documents and other personal effects belonging to the city and not properly pertaining to any other office;
(b) Carry on all official correspondence of the city;
(c) Attend and keep a record of the proceedings of all regular and special meetings of the Governing Body;
(d) Enter every appointment of office and the date thereof in the journal;
(e) Enter or place each ordinance of the city in the ordinance books after its passage;
(f) Publish all ordinances, except those appropriating money, and such resolutions, notices and proclamations as may be required by law or ordinance. (Code 1976, 1-207; Code 1989)
1-309. SAME; FISCAL RECORDS. The City Clerk shall:
(a) Prepare and keep suitable fiscal records according to generally accepted accounting principles;
(b) Assist in preparing the annual budget;
(c) Audit all claims against the city for good or services rendered for the consideration of the Governing Body. His or her accounts shall properly show the amounts paid from any fund of the city and the cash balance existing in each fund;
(d) Keep an accurate account of all bonds issued by the city;
(e) Keep a record of all special assessments. (Code 1976, 1-207; Code 1989)
1-310. SAME; SEAL; OATHS. The City Clerk shall:
(a) Have custody of the corporate seal of the city and shall affix the same to the official copy of all ordinances, contracts, and other documents required to be authenticated;
(b) Have power to administer oaths for all purposes pertaining to the business and affairs of the city;
(c) Keep suitable files of all such oaths required to be deposited in his or her office. (Code 1989)
1-311. SAME; WITHHOLDING AGENTS. The City Clerk is designated as the withholding agent of the city for the purposes of the Federal Revenue (Income) Act, and shall perform the duties required of withholding agents by said act or any other act requiring withholding from the compensation of any city officer or employee. The clerk shall perform such other duties as may be prescribed by the Governing Body or the Kansas statutes. (Code 1989)
1-312. CITY TREASURER. The City Treasurer shall:
(a) Keep a full and accurate record of all money received and paid out in a ledger book provided by the Governing Body;
(b) Publish a quarterly financial statement;
(c) Deposit all public moneys and sign all checks of the city;
(d) Pay out city funds only upon orders or warrants properly signed by the Mayor and City Clerk;
(e) Perform such other duties as may be prescribed by the Governing Body or the Kansas statutes. (K.S.A. 10-803; K.S.A. 12-1608; Code 1976, 1-209; Code 1989)
1-313. CITY ATTORNEY; OFFICE; DUTIES. There is hereby established the office of City Attorney. No person shall be eligible for the office of City Attorney who is not an attorney at law admitted to practice in the Supreme Court of the State of Kansas. The City Attorney shall be charged with the general direction and supervision of the legal affairs of the city. The City Attorney shall:
(a) Attend meetings of the City Council;
(b) Advise the City Council and all officers of the city upon such legal questions affecting the city and its offices as may be submitted to him or her;
(c) When requested by the City Council, give opinions in writing upon any such questions;
(d) Draft such ordinances, contracts, leases, easements, conveyances and other instruments in writing as may be submitted to him or her in the regular transaction of affairs of the city;
(e) Approve all ordinances of the city as to form and legality;
(f) Attend Planning Commission and board of zoning appeals meetings when so directed by the boards;
(g) Appear and prosecute all violations of city ordinances in Municipal Court when his or her services shall be required;
(h) Perform such other duties as may be prescribed by the Governing Body and the Kansas statutes. (Code 1976, 1-208; Code 1989)
1-314. CITY ENGINEER. The city engineer shall be a licensed professional engineer in the State of Kansas. He or she shall be responsible for:
(a) The design and specifications for all city streets, sewers, water lines, public buildings and other public facilities;
(b) The inspection of all public works projects including streets, sewers, water lines and other public facilities;
(c) The general supervision of the maintenance and repair of all public facilities. (Code 1976, 1-204; Code 1989)
1-315. APPOINTMENT OR EMPLOYMENT IN MORE THAN ONE POSITION. The same person may be appointed to more than one appointive office, or employed in more than one department, except that the same person shall not be appointed to incompatible offices. Salaries or wages of such persons shall be prorated between the proper funds of the several offices or departments. (Code 1989)
1-316. CONFLICT OF INTEREST.
(a) No city officer or employee shall be signatory upon, discuss in an official capacity, vote on any issue concerning or otherwise participate in his or her capacity as a public official or employee in the making of any contract with any person or business:
(1) In which the officer or employee owns a legal or equitable interest exceeding $ 5,000.00 or five percent, whichever is less, individually or collectively with his or her spouse; or
(2) From which the officer or employee receives, in the current or immediately preceding or succeeding calendar year, any salary, gratuity, other compensation or contract for or promise or expectation of any such salary, gratuity or other compensation or remuneration having a dollar value of $1,000.00 or more; or
(3) In which he or she shall hold the position of officer or director, irrespective of the amount of compensation received from or ownership held in business.
(b) The prohibitions contained in subsection (a) of this section shall not apply to the following:
(1) Contracts let after competitive bidding has been solicited by published notice; and
(2) Contracts for property or services for which the price or rate is fixed by law. (K.S.A. 75-4301; Code 1989)
ARTICLE 4. PERSONNEL POLICY AND EMPLOYEE BENEFITS
1-401. COMPENSATION. Compensation for all city employees shall be fixed by resolution. All employees shall be paid at the rates prescribed for the classification in which they are employed. Employees working on a part-time basis shall receive that portion of the salary assigned to their class to be determined by the actual time they work. (Code 1976, 1-402; Code 1989)
1-402. PERSONNEL POLICIES AND GUIDELINES; PURPOSE. The Governing Body will annually review and approve by resolution the personnel policies and guidelines for personnel administration for all employees within the City of Lyons.
1-403. EMPLOYEE BENEFIT CONTRIBUTION FUND.
(a) There is hereby established an employee benefits contribution fund for the purpose of paying the city’s share of employee benefits.
(b) The city’s share of employee benefits shall include the following:
(1) Social security;
(2) Kansas public employees retirement system;
(3) Worker’s compensation benefits;
(4) Employment security, unemployment compensation benefits;
(5) Employee/ officer liability protection;
(6) Medical, health and hospitalization insurance. (Ord. 1414)
ARTICLE 5. OATHS AND BONDS
1-501. OATH. All officers and employees of the city, whether elected or appointed, either under the laws of the State of Kansas or ordinances of the city, shall before entering upon the duties of their respective officers, take and subscribe an oath or affirmation as follows:
“I do solemnly swear (or affirm, as the case may be) that I will support the Constitution of the United States and the Constitution of the State of Kansas and faithfully discharge the duties of ______ (here enter name of office or position). So help me God.” (K.S.A. 75-4308; Code 1976, 1-301; Code 1989)
1-502. OATH FILED. All officers and employees required to take and subscribe or sign an oath or affirmation shall be supplied the forms for the purpose at the expense of the city and upon taking and subscribing or signing any such oath or affirmation, the same shall be filed by the City Clerk. (Code 1989)
1-503. BONDS REQUIRED.
(a) The following city officers shall each, before entering upon the duties of his or her office, give a good and sufficient corporate surety bond to the city. The bond shall be in the following amount, to wit:
City Administrator - $3,000.00
Municipal Judge - $3,000.00
Clerk of Municipal Court- $3,000.00
City Treasurer - $20,000.00
City Clerk- $20,000.00
Deputy City Clerk/Utility Clerk - $20,000.00
Chief of Police- $1,000.00
Police Secretary- $1,000.00
Swimming Pool Manager - $1,000.00
Swimming Pool Assistant Manager - $1,000.00
Management Assistant - $3,000.00
Cemetery Sexton - $2,000.00
Clerical/Filing Clerk - $3,000.00
Cashier - $10,000.00
Fireman’s Relief Association Treasurer - $2,000
(b) The Governing Body may provide for the coverage by blanket bond of such officers and employees and in such amounts as the Governing Body may, by resolution, designate. (Ordinance 1680/Ordinance 1844)
1-504. SAME; PREMIUMS. All premiums on surety bonds shall be paid by the city. (K.S.A. 78-111; Code 1989)
1-505. CONDITION OF BONDS. Each of the bonds required in sections 1-503 of this article shall be conditioned for the faithful performance of duty and all acts required by the laws of Kansas and of the city, and for the application and payment over to the proper persons of all moneys or property coming into the hands of each such officer by virtue of his or her office. (Code 1989)
1-506. APPROVAL OF BONDS. All bonds given to the city shall be approved as to their form by the City Attorney and as to surety and sufficiency by the Governing Body, unless otherwise provided by the laws of the State of Kansas. (Code 1976, 1-302)
ARTICLE 6. OPEN RECORDS
1-601. POLICY.
(a) It is hereby declared to be the policy of the city that all public records which are made, maintained or kept by or are in the possession of the city, its officers and employees, shall be open for public inspections as provided by, and subject to the restrictions imposed by, the Kansas Open Records Act.
(b) Any person, upon request, shall have access to such open public records for the purpose of inspecting, abstracting or copying such records while they are in the possession, custody and control of the appointed or designated record custodian thereof, or his or her designated representative. (Code 1989)
1-602. RECORD CUSTODIANS. The record custodians(s) appointed and designated pursuant to this article shall preserve and protect all public records from damage, disorganization and theft and shall assist, in a timely and efficient manner, any person making request for access to any open public record. (Code 1989)
1-603. PUBLIC REQUEST FOR ACCESS. All city offices keeping and maintaining open public records shall establish office hours during which any person may make a request for access to an open public record. Such hours shall be no fewer than the hours each business day the office is regularly open to the public. For any city office not open Monday through Friday, hours shall be established by the record custodian for each such day at which time any person may request access to an open public record. (Code 1989)
1-604. FACILITIES FOR PUBLIC INSPECTION. All city offices keeping and maintaining open public records shall provide suitable facilities to be used by any person desiring to inspect and/or copy an open public record. The office of the City Clerk, being the principal record keeper of the city, shall be used as the principal office for providing access to and providing copies of open records to the maximum extent practicable. Requesters of records shall be referred to the office of the City Clerk except when the requested records are not in that office and are available in another city office. (Code 1989)
1-605. PROCEDURES FOR INSPECTION. Any person requesting access to an open public record for purposes of inspecting or copying such record, or obtaining a copy thereof, shall abide by the procedures adopted by the Governing Body for record inspection and copying, including those procedures established by record custodians as authorized by the Governing Body. Such procedures shall be posted in each city office keeping and maintaining open public records. (Code 1989)
1-606. APPOINTMENT OF OFFICIAL CUSTODIANS. The following city officers are hereby appointed as official custodians for purposes of the Kansas Open Records Act and are hereby charged with responsibility for compliance with that Act with respect to the hereinafter listed public records:
(a) City Clerk- All public records kept and maintained in the City Clerk’s office and all other public records not provided for elsewhere in this section.
(b) City Treasurer- All public records not on file in the office of the City Clerk and kept and maintained in the City Treasurer’s office.
(c) Chief of Police- All public records not on file in the office of the City Clerk and kept and maintained in the city Police Department.
(d) Fire Chief- All public records no on file in the office of the City Clerk and kept and maintained in the city fire department.
(e) City Attorney- All public records not on file in the office of the City Clerk and kept and maintained in the City Attorney’s office.
(f) Clerk of the Municipal Court- All public records not on file in the office of the City Clerk and kept and maintained in the Municipal Court. (Code 1989)
1-607. DESIGNATION OF ADDITIONAL RECORD CUSTODIANS.
(a) Each of the official custodians appointed in sections 1-606 is hereby authorized to designate any subordinate officers or employees to serve as record custodian. Such record custodians shall have such duties and powers as are set out in the Kansas Open Records Act.
(b) Whenever an official custodian shall appoint another person as a record custodian he or she shall notify the City Clerk of such designation and the City Clerk shall maintain a register of all such designations. (Code 1989)
1-608. DUTIES OF CUSTODIANS. All city officers and employees appointed or designated as record custodians under this article shall: protect public records from damage and disorganization; prevent excessive disruption of the essential functions of the city; provide assistance and information upon request; insure efficient and timely action and response to all applications for inspection of public records; and shall carry out the procedures adopted by this city for inspecting and copying open public records. (Code 1989)
1-609. REQUESTS TO BE DIRECTED TO CUSTODIANS.
(a) All members of the public, in seeking access to, or copies of, a public record in accordance with the provisions of the Kansas Open Records Act, shall address their requests to the custodian charged with responsibility for the maintenance of the record sought to be inspected or copied.
(b) Whenever any city officer or employee appointed or designated as a custodian under this article is presented with a request for access to, or copy of, a public record which record the custodian does not have in his or her possession and for which he or she has not been given responsibility to keep and maintain, the custodian shall so advise the person requesting the records. Further, the person making the request shall be informed as to which custodian the request should be addressed to, if such is known by the custodian receiving the request. (Code 1989)
1-610. FEE ADMINISTRATION. The City Clerk is hereby authorized to provide the clerk’s office with sufficient cash to enable the making of change for record fee purposes. Each custodian shall refer all individuals to the clerk’s office to pay any fees relating to but not limited to the copying and research of public records.
1-611. INSPECTION FEE.
(a) Where a request has been made for inspection of any open public record, which is readily available to the record custodian, there shall be no inspection fee charged to the requester.
(b) In all cases not covered by subsection (a) of this section, a record inspection fee shall be charged at the rate of $10.00 per hour per employee engaged in the record search. A minimum charge of $10.00 shall be charged for each such request. (Code 1989)
1-612. COPYING FEE.
(a) A fee of 50 cents per page shall be charged for photocopying public records, such fee to cover the cost of labor, materials and equipment.
(b) For copying any public records, which cannot be reproduced by the city’s photocopying equipment, the requester shall be charged the actual cost to the city, including staff time, in reproducing such records. (Code 1989)
1-613. PREPAYMENT OF FEES.
(a) The City Clerk may demand prepayment of the fees established by this article whenever he or she believes this to be in the best interest of the city. The prepayment amount shall be an estimate of the inspection and/or copying charges accrued in fulfilling the record request. Any overage or underage in the prepayment shall be settled prior to inspection of the requested record or delivery of the requested copies.
(b) Prepayment of inspection and/or copying fees shall be required whenever, in the best estimate of the City Clerk, such fees are estimated to exceed $25.00.
(c) Where prepayment has been demanded by the City Clerk, no record shall be available to the requester until such prepayment has been made. (Code 1989)
1-614. PAYMENT. All fees charged under this article shall be paid to the City Clerk unless the requester has established an account, for purposes of billing and payment, with the city. (Code 2005)
ARTICLE 7. INVESTMENT OF IDLE FUNDS
1-701. PURPOSE AND GOALS. It is the purpose of this statement to set forth the public policies of the city relating to the investment of public moneys, and establish procedural requirements as to investment management practice. The objective of the investment policy and program of the city shall be as follows:
(a) The safeguarding of all public moneys shall be of the highest priority. Public money shall not be invested or managed in any matter, which would jeopardize the safety of the principal.
(b) Consistent with the requirement of safety, the objective of the investment program shall be to aggressively manage and invest all public moneys to maximize net earnings, consistent with the public responsibility to secure maximum, safe investment return possible from moneys assigned to its stewardship, to relieve demands on the property tax and to otherwise reduce the cost of public services. (Code 1989)
1-702. INVESTMENT OF IDLE FUNDS. Temporarily idle moneys of the city not currently needed, may in accordance with the procedure hereafter described be invested in:
(a) Temporary notes or no-fund warrants of the city;
(b) Time deposits, open accounts or certificates of deposit in commercial banks or trust companies which have offices located in the city. If no commercial bank or trust company is located in the city, then in commercial banks or trust companies which have offices located in Rice County, or in the counties of the State of Kansas adjacent to Rice County, as provided for, and subject to the restrictions of, K.S.A. 12-1675;
(c) Time certificates of deposit with state or federally chartered savings and loan associations that have offices located in the city;
(d) Repurchase agreements with commercial banks, trust companies, or state or federal chartered savings and loan associations with offices located in the city, for direct obligations of, or obligations that are insured by, the United States government or any agency thereof. If no commercial bank, trust company, or state or federal chartered savings and loan association has an office in the city, then in any commercial bank, trust company, or state or federally chartered savings and loan association with offices located in Rice County. If no such commercial bank, trust company, or state or federally chartered savings and loan association will enter into such an agreement at or above the interest rate set out by K.S.A. 12-1675(b)(4), then such repurchase agreements may be entered into with commercial banks, trust companies, or state or federally chartered savings and loan associations which have offices located in the State of Kansas;
(e) United States treasury bills or notes with maturities as the Governing Body shall determine, but not exceeding six months. Investments may be made in U.S. treasury bills or notes only if no eligible bank, trust company, or state or federally chartered savings and loan association can or will make the investments authorized in subsections (b) and (c) at interest rates equal to or greater than the average yield before taxes received on 91- day U.S. treasury bills or the maximum rates such banks, trust companies or savings and loan associations may pay on investments authorized under subsection (b) and (c), whichever is lower. (K.S.A. 12-1675, 1-501; Code 1989)
1-703. PROCEDURES AND RESTRICTIONS. A demand deposit account or accounts in an amount of $10,000.00 or aggregate amount of $10,000.00 is deemed to be a sufficiently large demand deposit account or accounts to efficiently operate the business of the city government. The City Clerk; City Treasurer; and one member: Deputy City Clerk, Mayor, or president of the City Council are hereby authorized and instructed to invest the excess funds in any form of security as set forth in section 1-702. The City Clerk shall file monthly in writing to the Governing Body a completed report of all investments made by the city. The Governing Body, after giving consideration to the reports, shall either by motion approve any investments made by the officers or by motion authorize and direct reinvestment of the refunds. The Governing Body, by motion duly adopted may from time to time authorize investments in any form of security as set forth in section 1-702. (Ord. 1403, Sec. 1)
1-704. CUSTODY AND SAFEKEEPING. Securities purchased pursuant to this article shall be under the care of the City Clerk/City Treasurer. Securities shall be secured by the City Clerk in the city vault. (Code 1976, 1-503)
1-705. SALE OR TRANSFER. If, in order to maintain sufficient moneys on demand deposit in any fund as provided in sections 1-703, it becomes necessary to transfer or sell any securities of such funds, the officers specified in sections 1-704 may transfer said securities to any other fund or funds in which there are temporarily idle moneys, or shall sell such securities, and for such purpose they shall have authority to make any necessary written direction, endorsement or assignment for and on behalf of the city. (Code 1989)
1-706. EARNINGS AND RECORDS. The interest or other earnings from investments made pursuant to this article shall be credited to the city general operating fund, or if designated by the motion of the Governing Body authorizing the investment be credited to the fund or funds from which the investments were made. Earnings from investments shall be used in so far as possible to relieve the ad valorem tax levies of the city. The City Clerk shall maintain a complete and detailed record at all times of all investments made pursuant to this article. (Code 2005)
1-707. EXEMPTIONS FROM ARTICLE. The provisions of this article shall not apply to any of the funds of the city, the investment of which is expressly limited or prohibited by law. In those cases where the investment may be permitted by law, but in which there is specific provision made that interest from any investment of a particular fund be credited to that fund, then the portion of this article directing earnings to be paid to the city general fund shall not apply. (Code 2005)
CHAPTER II. ANIMAL CONTROL AND REGULATIONS
Article 1. General Provisions
Article 2. Dogs
ARTICLE 1. GENERAL PROVISIONS
2-101. DEFINITIONS. For the purposes of this chapter, the following words and phrases shall mean:
(a) Abandon includes the leaving of an animal by its owner or other person responsible for its care or custody without making effective provisions for its proper care.
(b) Animals means all vertebrate and invertebrate animals such as but not limited to bovine cattle, horses and other equines, hogs, goats, dogs, cats, rabbits, sheep, chickens, ducks, geese, turkeys, pigeons, and other fowl or wild animals, reptiles, fish, bees or birds that have been tamed, domesticated or captivated.
(c) Animal Shelter means the facility or facilities operated by the city or its authorized agents for the purpose of impounding or caring for animals under the authority of this chapter or state law.
(d) At-large means to be outside of a fence or other enclosure which restrains the animals to a particular premise or not under the control, by leash or lead not greater than six feet in length, of the owner or other authorized person capable of restraining the animal. Animals tethered to a stationary object within range of public thoroughfares are deemed to be “At-large.”
(e) Bite means any actual or suspected abrasion, scratch, puncture, tear, bruise, or piercing of the skin, caused by any animal, which is actually or suspected of being contaminated or inoculated with the saliva from the animal, directly or indirectly, regardless of the health of the animal causing such bite.
(f) Cat means any member of the species felis catus, regardless of sex.
(g) Dangerous or Vicious Animal means any animal deemed to be dangerous or vicious per section 2-115.
(h) Dog means any member of the species canis familiaris, regardless of sex.
(i) Fowl means all animals that are included in the zoological class ayes, which shall include, but not limited to, chickens, ducks, geese, turkeys, guineas and pigeons.
(j) Harbor means any person who shall allow any animals to habitually remain or lodge or to be fed within his or her home, store, yard, enclosure or place of business or any other premises where he or she resides or controls.
(k) Humane Live Animal Trap means any cage trap that upon activation encloses an animal without placing any physical restraint upon any part of the body of such animal.
(l) Humanely Euthanize means the proper injection of a substance that quickly and painlessly terminates the life of an animal, or any other method approved by the American Veterinary Medical Association or the American Humane Society.
(m) Immediate Control means the regulation and supervision by a competent person so that an animal is unable to run or get loose at will.
(n) Livestock includes, but is not limited to cattle, horses, goats, sheep or other animals commonly regarded or used as farm or ranch animals.
(o) Neutered means any male or female cat or dog that has been permanently rendered sterile.
(p) Own means and includes own, keep, harbor, shelter, manage, possess, or have a part interest in any animal. If a minor owns any such animal subject to the provisions of this chapter, the head of the household of which such minor is a member shall be deemed to own such animal for the purposes of this chapter.
(q) Owner means the one who owns, or his or her employee, agent, or other competent person into whose charge an animal has been placed by the actual owner as described in subsection (p) above.
(r) Vaccination means an injection of a vaccine, approved by the State Board of Public Health and administered by a licensed veterinarian for the purpose of immunizing an animal against rabies.
(s) Veterinarian means a doctor of veterinary medicine licensed by the State of Kansas. (Code 1989) (Ordinance 1744)
2-102. ANIMAL CONTROL OFFICER; DUTY TO IMPOUND; COMPENSATION; CITATION ALTERNATIVE.
(a) There is hereby created the position of animal control officer for the city and such officer shall be charged with the enforcement of this chapter. Any person employed by the City Administrator as an animal control officer and any police officer of the City shall have such powers and authority as allowed by law in the enforcement of this chapter. The animal control officers shall be subject to the supervision and direction of the City Administrator.
(b) It shall be the duty of the animal control officer to take up and impound all animals found in the city in violation of the provisions of this chapter.
(c) An annual agreement, as approved by the City Council, will establish the general fund fees to be paid to the animal control officer.
(d) In addition to the provisions of such subsection (b) of this section, the animal control officer or any law enforcement officer may issue a citation to the owner, harborer, or keeper of an animal in violation of this chapter, and the person receiving this citation shall be ordered to appear in the Municipal Court of the city to answer the charged violation of this chapter. (Ord. 1466, Sec. 1(e); Code 1989; Code 2005)
2-103. SAME; CAPTURE/DESTRUCTION. When deemed necessary by law enforcement officers or the animal control officer for the health, safety and welfare of the residents of the city, such officers and/or their agents may:
(a) Place a humane trap on public or a requesting resident’s property for the purpose of capturing any animal defined in this chapter as creating a nuisance in the city;
(b) Use any tranquilizer guns, humane traps, or other suitable devices to subdue and capture any animal that is deemed by the animal control officer, in his or her discretion, to be of a danger to itself or to the public health and safety.
(c) Use firearms or other suitable weapons to destroy any rabid animal, any vicious animal as defined in section 2-115, or any animal creating a nuisance as defined in section 2-111, where such animal is impossible or impractical to catch, capture or tranquilize. (Code 1989)
2-104. SAME; RIGHT OF ENTRY; UNLAWFUL INTERFERENCE.
(a) The animal control officer or any law enforcement officer shall have the right of entry upon any private unenclosed lots or lands for the purpose of collecting any animal whose presence thereupon is a violation of this chapter.
(b) It shall be unlawful for any person to interfere with the animal control officer in the exercise of his or her duties. (Code 1989)
2-105. MUNICIPAL POUND ESTABLISHED. A municipal pound shall be established to carry out the provisions of this chapter. Such a pound may be operated by a contractor and all services required herein may be provided by a contractor. When so contracted, the pound shall have the following services and facilities as a minimum:
(a) Adequate pickup and impounding of all stray and ownerless dogs and cats and animals otherwise in violation of the provisions of this chapter.
(b) Group holding facilities for stray, ownerless and unvaccinated animals impounded for violation of the provisions of this chapter.
(c) Individual isolation facilities for sick, biting, rabid and suspected rabid animals.
(d) Facilities for the humane destruction of animals. (Code 1989)
2-106. BREAKING POUND.
(a) It shall be unlawful for any unauthorized person to open, unlock, break open or attempt to break open the pound, or to take or let out any animal placed therein, or take or attempt to take from an authorized officer of this city any animal taken up by him or her under the provisions of this chapter, or in any manner interfere with or hinder any authorized officer or employee of this city in catching, taking up, or impounding any animal.
(b) It shall be unlawful for any person or persons, other than those duly authorized, to care for, feed, attempt to feed, or interfere in any way with the care of impounded animals. (Code 1976, 3-203(c); Code 1989)
2-107 CRUELTY TO ANIMALS. It shall be unlawful for any person to:
(a) Willfully or maliciously kill, maim, disfigure, torture; beat with a stick, chain, club or other object; mutilate, poison, burn or scald with any substance; or otherwise cruelly set upon any animals, except that reasonable force may be employed to drive off vicious animals;
(b) Drive or work any animal cruelly or cruelly work any maimed, mutilated, infirm, sick or disabled animal, or cause, allow or permit the same to be done;
(c) Have, keep or harbor any animal which is infected with any dangerous or incurable and/or painfully crippling condition except as provided in section 2-108.
(d) Sell or offer for sale, barter, give away, or use as an advertising device or promotional display, living baby chicks, rabbits, ducklings or other fowl under two months of age in any quantity less than 12; or to sell, offer for sale, barter, give away, or display animals or fowls as specified in this section which have been dyed, colored or otherwise treated so as to impart to them an artificial or unnatural color. This section shall not be construed to prohibit the sale of animals or fowls as specified in this subsection, in proper facilities, by hatcheries or persons engaged in raising and selling such animals and fowls for recognized animal husbandry purposes;
(e) Promote, stage, hold, manage, or in any way conduct any game, exhibition, contest or fight in which one or more animals are engaged for the purpose of injuring, killing, maiming, or destroying themselves or any other animal;
(f) Neglect or refuse to supply such animal with necessary and adequate care, food, drink, air, light, space, shelter and protection from the elements as necessary for health and well-being of such kind of animal.
(g) Abandon or leave any animal in any place without making provisions for its proper care;
(h) These provisions shall not apply to the exceptions sanctioned under section 2-108.
In addition to the penalties provided in section 1-116 of this code, the Municipal Court judge may order a person convicted of violation under this section to turn the animal involved over to a designated humane society. All such animals taken by the designated agency may be placed with another or more suitable person or destroyed humanely as soon thereafter as is conveniently possible. (Code 1989)
2-108. SAME; EXCEPTIONS. The provisions of section 2-107 shall not apply to:
(a) Normal or accepted veterinary or veterinary hospital practices or treatment of animals under active veterinary care;
(b) Bona fide experiments carried on by commonly recognized research facilities;
(c) Killing, attempting to kill, trapping, catching or taking of any animal in accordance with the provisions of Chapter 32 or Chapter 47 of the Kansas Statutes Annotated;
(d) Rodeo practices accepted by the rodeo cowboys’ association;
(e) The humane killing of an animal which is diseased or disabled beyond recovery for any useful purpose, or the humane killing of animals for population control, by the owner thereof or by an authorized agent such as a licensed veterinarian, at the request of the owner;
(f) The humane killing of an animal by the animal control officer, a public health officer or a law enforcement officer in the performance of his or her official duty;
(g) The humane killing of an unclaimed animal after three full business days following the receipt of such animal at a municipal pound or an incorporated humane society shelter by the owner, operator or authorized agents of such establishments. (Code 1989)
2-109. KEEPING ANIMALS. It shall be unlawful for the owner, lessee, occupant or person in charge of any premises in the city to possess and maintain any animal or fowl within the city or permit to be maintained thereon any stable, shed, pen or other place where horses, mules, cattle, sheep, goats or swine, or undomesticated animals are kept. This provision shall not apply to:
(a) The maintaining of a stockyard or sales barn for the loading, unloading, temporary detention and sale of such livestock, if the location of such stockyard or sales barn does not otherwise violate the zoning ordinances of the city;
(b) The maintaining of dogs which are regulated by Article 2 of this chapter;
(c) The maintaining of non-poisonous and non-vicious animals and fowl which are commonly kept as household pets, such as cats, hamsters, rabbits, parakeets, and comparable animals, when kept as household pets and in a safe and sanitary manner in accordance with section 2-113 of this chapter;
(d) The transporting of animals through the city by ordinary and customary means. (Code 1989)
2-109A. NUMBER OF CATS AND DOGS. It shall be unlawful for the owner, lessee,
occupant or person in charge of any premises in the city to possess or maintain a
total number of cats and dogs greater than five. The fine for violation of this
section shall be $100. (Ordinance 1745)
2-110. ANIMAL TRAPS. It shall be unlawful for any person to use, place, set out, or deploy any animal trap aboveground, which makes use of a spring gun, spring jaws, clamping devices, cutting or stabbing mechanism or any other devices that will damage or severely injure any animal when caught or trapped by the device or trap; except that nothing herein contained shall prohibit the use of animal traps that are so designed to trap and hold animals without injuring the animals. (Code 1989)
2-111. NUISANCE; ANIMAL ACTIVITIES PROHIBITED. It shall be unlawful for the owner of any animal to keep or maintain such animal in the city so as to constitute a nuisance. For the purpose of this section, “nuisance” is defined as any animal which:
(a) Molests or interferes with persons in the public right-of-way;
(b) Attacks or injures persons, or other domestic animals;
(c) Damages public or private property other than that of its owner or harborer by its activities or with its excrement;
(d) Scatters refuse that is bagged or otherwise contained;
(e) Causes any condition that threatens or endangers the health or well being of persons or other animals.
If a summons is issued charging violation of this provision, a subpoena shall also be issued to the complainant to testify to the nuisance under oath. (Code 1989)
2-112. NOISY ANIMALS. The keeping, or harboring of any animal which by loud, frequent and habitual barking, howling, yelping, mewing, roaring or screeching shall disturb the peace of any neighborhood is hereby prohibited. It shall be the duty of any person harboring or keeping such loud or noisy animal or animals to abate the condition, and if he or she fails to do so, the city may abate it by taking up, impounding and/or disposing of the animal at the expense of the owner. (Code 1976, 3-203(d); Code 1989)
2-113. ANIMAL CONFINES; SHELTERS.
(a) It shall be unlawful for any person to keep or maintain any animal in any yard, structure or area that is not clean, dry and sanitary, free from debris and offensive odors that annoy any neighbor, and devoid of rodents and vermin.
(b) Excrement shall be removed at least once each week from any animal shelter, pen or yard area where animals are kept, or more often if necessary to prevent or control odors, fly breeding, or rodent infestation. If excrement is stored on the premises by any animal owner, it shall be stored in adequate containers with fly-tight lids, and all such stored or accumulated wastes shall be disposed of at least once each week.
(c) All animal shelters, pens and yards shall be so located that adequate drainage is obtained, normal drying occurs, and standing water is not present.
(d) All animals shelters and board fences confining animals shall be maintained in good repair, and all animal shelters and board fences confining animals subject to residential and commercial classification shall be protected from deterioration by painting or comparable treatment.
(e) Barbed wire fences and electrically charged fences shall not be permitted for animal confines except on properties for which an agricultural classification permit is held or where the barbed wire fence or electrically charge fence is protected by an exterior fence.
(f) All premises on which animals are kept shall be subject to inspection by the animal control officer, duly authorized law enforcement officer, or public health official. If the officer or official determines from such inspection that the premises are not being maintained in a clean and sanitary manner, he or she shall notify the owner of the animals in writing to correct the sanitation deficiencies within 24 hours after notice is served on the owner. Any animal kept under any condition, which could endanger the public or animal health or create a health nuisance may be impounded. Animals shall be released after fees are paid and cause for impoundment has been corrected. (Code 1989)
2-ll3A. SAME; STOCKYARDS; COMMERCIAL HOLDING PENS. Animal shelters owned or operated as a stockyard or commercial holding pen shall be adequately maintained and cleaned as often as is necessary, as determined by the health officer, to control fly breeding or to control other conditions adversely affecting the public health including the following:
(a) Collected fecal material and other solid organic waste shall be disposed of at a sanitary landfill, fertilizer-processing plant, or by proper dispersal on land used for agricultural purposes.
(b) Grain or protein feed shall be stored in tightly covered rodent proof metal containers or rodent-proof bins.
(c) Premises subject to the terms of this section shall be maintained free of rodent harborage and in accordance with sections 3-601:608 of this code.
(d) Wherever reasonable, use shall be made of anti-coagulant rodenticides for the control of rodents and organo-phosphorus insecticides for the control of flies or any other effective chemical means for the control of rodents and flies.
(e) Wherever reasonable, use shall be made of soil sterilants and herbicides or other effective means for the control of weeds and grass around structures and buildings.
(f) Enclosures including fences where animals such as horses, cows, sheep and goats are maintained shall be constructed in a manner, using dimension lumber materials, or other effective means to prevent such animals from breaking out or causing hazard to persons or property.
(g) The solid wastes accumulated from the cleaning of animal shelters and holding pens maintained by persons subject to a residential classification permit as herein provided shall be stored in metal containers, with tight-fitting metal lids, and all such stored or accumulated wastes shall be disposed or at least once each week.
(h) Holding lots, pens and floors of sheds and buildings where animals are held and which are maintained by persons subject to a commercial, industrial or agricultural classification permit according to the terms of this chapter shall be surfaced with concrete or asphaltic materials and that the drainage system of such surfaced areas shall include proper retaining walls and traps to control the waste from draining into watercourses and such drainage system shall be subject to the approval of the health officer. The health officer shall waive this standard for domestic animal holding operations where such animal holding is longer than 24 hours for any domestic animal involved or where dirt lots are more appropriate to the proper care of cattle, horses or sheep.
(i) Solid wastes accumulated from the cleaning of animal shelters and holding pens maintained by persons subject to a commercial, industrial or agricultural permit according to the terms of this chapter shall be stored on concrete slabs or other facilities, such as dirt lots on which is stockpiled manure with an exposed perimeter as approved by the health officer; provided that all solid waste shall be properly disposed of at least once each week or as may be approved by the health officer. (Code 1989)
2-114. DEATH OF ANIMALS. All dead animals shall be disposed of by the owner or keepers within 24 hours of the animal’s death, by burial, incineration in a facility approved by the animal control officer, by rendering or by other lawful means approved by the animal control officer. No dead animal shall be dumped on any public or private property. (Code 1989)
2-115. VICIOUS ANIMALS.
(a) That the owning or keeping of a vicious animal or animals within the city limits is hereby prohibited. Impoundment of animals whose owners have been sighted for violation of this Section shall be at the discretion of the Animal Control Officer. If the animal presents a clear and present danger to the public health or safety, it shall be the duty of the Animal Control Officer, or his or her agent, to impound such animal.
(b) Defined: For the purpose of this Section a vicious animal shall include:
(1) Any animal with a known propensity, tendency or disposition to attack unprovoked, to cause injury or to otherwise endanger the safety of human beings or domestic animals, or;
(2) Any animal, which attacks a human being or domestic animal without provocation, or;
(3) Any animal owned or harbored primarily or in part for the purpose of fighting, or any animal trained for fighting, or;
(4) Any animal which is urged by its owner or harbored to attack, or whose owner or harborer threatens to provoke such animal to attack any law enforcement officer while such officer is engaged in the performance of official duty.
(c) Complaint: Whenever a complaint is filed in the Municipal Court against the owner, or harborer, of an animal alleging that such animal is vicious and in violation of this Section, the Municipal Judge shall hold a hearing to determine whether or not the animal is vicious within the meaning of this Section and thereby in violation of this Section. In making such determination, the Municipal Court shall consider the following:
(1) The seriousness of any injury or damage to persons or property that may have been inflicted;
(2) The past history of the animal or animals with respect to injury or damage to persons or property;
(3) The potential propensity of the animal to injure or damage persons or property;
(4) The conditions existing when the animal may have inflicted injury to persons or property;
(5) Whether or not persons or property have been threatened by the animal or animals;
(6) The conditions under which the animal or animals have been kept and maintained;
(7) Other factors which may reasonably related to the determination of whether or not the animal is vicious;
(d) If the Municipal Court determines that an animal is vicious, the court may cause the animal to be picked up and destroyed or, in lieu or such destruction, the court may permit the confinement of the animal in such manner and location, as the court deems appropriate. In lieu of making a finding that the animal or animals are vicious, the court may make a finding that the animal or animals have a propensity to be vicious and in such case may allow the owner or keeper of the animal or animals to continue the keeping of the animal or animals under such terms and conditions as the court may specify.
(e) Immediate destruction: Nothing in this Section shall be construed to prevent the Animal Control Officer or any law enforcement officer from taking whatever action is reasonably necessary to protect himself or herself or members of the public from injury or danger, including immediate destruction of any vicious animal without notice to the owner.
(f) Release of impounded animal: If a complaint has been filed in the Municipal Court against the owner of an impounded animal for a charge under this Section, the animal shall not be released except on the order of the Municipal Judge, who may also direct the owner to pay all impounding fees in addition to any penalties for violation of this Section. The Municipal Judge may, upon making a finding than an animal is vicious or that it represents a clear and present danger to the citizens or to other animals in the community, order the animal to be destroyed in a humane manner by the Animal Control Officer or animal shelter. Surrender of an animal by the owner thereof to the Animal Control Officer does not relieve or render the owner immune from the decision of the court, nor to the fees and fines, which may result from a violation of this section. (Ordinance 1570/Ordinance 1764)
2-116. IMPOUNDMENT; FEE; NOTICE; RECORD.
(a) The animal control officer or law enforcement officer shall impound any animal or fowl found at large in the city in violation of this chapter or constituting a nuisance or otherwise in violation of this chapter in a suitable pound or enclosure provided or contracted for by the city. The impounding officer shall make diligent inquiry as to the owner of the animal and shall notify the owner thereof of such impoundment as soon as reasonably possible.
(b) The city shall be entitled to receive from such owner a boarding fee of $15.00 per day or part thereof, the actual cost of vaccinations and veterinary treatment provided to the animal during the impoundment, and feeding and maintaining the animal while impounded. In addition to said costs, there shall be an impoundment fee of $20.00 for the first impoundment, an impoundment fee of $30.00 for the second impoundment, and an impoundment fee of $100.00 for a third impoundment. For a fourth or subsequent impoundment of the same animal, there shall be a $300.00 impoundment fee. In addition to the above stated impoundment fees, there shall be a $30.00 fee per impoundment for a dog that is not properly licensed and tagged.
(c) In case the identity of the owner of the impounded animal or fowl cannot be ascertained, the animal control officer or police officer shall, upon taking any such animal into custody and impounding the same, make a record thereof, with a description of the animal a d the date and place taken into custody and the place of impounding, and shall thereupon immediately post a public notice stating that the animal, describing the same with the date and place of taking, has been taken up, and that unless the charges of impounding the same, together with any license fees due an unpaid, are paid within three business days from the date of the notice, at the animal will be disposed of as provided in this code.
(d) The animal control officer shall each month submit a report to the City Administrator showing the number of animals impounded and disposed of, and the fees collected pursuant to this article and shall pay those fees to the City Clerk for credit to the general operating fund. (Ordinance 1673) (Ordinance 1746)
2-117. REDEMPTION OF IMPOUNDED ANIMALS. At any time before the sale or destruction of any animal impounded under the provisions, except for animals impounded under sections 2-115 (vicious) and 2-118 (rabid), the owner thereof may redeem the animal by paying the City Clerk or any person designated by the City Clerk to receive the same, the impounding fees, and the cost provided for in section 2-116 as a result of such impoundment. (Ordinance 1658)
2-118. IMPOUNDMENT OF RABIES SUSPECTS.
a) Any law enforcement officer or local health officer may take up, upon private or public property, any animal which has bitten or scratched a person or other animal and impound the animal in the city pound, securely penned and separated from other animals, or in a veterinary hospital or animal care facility for a period of not less than 10 days during which time the local health officer shall determine whether or not such animal is suffering from a disease and, if not, the local health officer shall authorize the release of the animal upon payment by the owner of the boarding fee therefore. The health officer may authorize the keeping of any such animal on the owner’s premises if the owner produces a rabies vaccination certificate showing that the animal has valid rabies vaccination protection. Impoundment costs shall be borne by the owner. If in the opinion of the local health officer symptoms develop justifying a microscopic examination, then the animal shall be killed and examination made by the state board of health.
(b) In lieu of the provisions of subsection (a), the owner of any such animal may, at his or her own expense, take such animal to any duly qualified and licensed veterinarian in the city for observation. Such veterinarian shall report his or her findings in writing to the local health officer. If in the opinion of such veterinarian a microscopic examination is justified, then the animal shall be turned over to the animal control officer or any law enforcement officer to be killed and examination made by the state board of health.
(c) Any animal desired for observation by the local health officer under this section shall be delivered to the animal control officer or any law enforcement officer upon demand and shall not be withheld, hidden or harbored. Any person violating this provision shall be guilty of a violation of this code. Upon refusal of any person to so deliver such animal, the Municipal Judge shall cause a warrant to be issued for the arrest of such person, which warrant shall also provide for the surrender of the animal and shall be lawful authority for the apprehending and forcible taking of such animal. (Code 2005)
2-119. ANIMALS BITTEN BY RABID ANIMALS. Whenever a dog, cat or other animal is bitten by a rabid animal or an animal later proved to have been rabid, it shall be the duty of the owner of the animal that is bitten, to report that fact to the local health officer and/or the Police Department. It shall also be the duty of the owner of the bitten animal to either destroy or have his or her bitten animal destroyed unless:
(a) The animal which was bitten had been vaccinated against rabies at least three weeks before being bitten and has a current vaccination; and
(b) If the bitten animal has a current vaccination, it shall be confined for 90 days; and
(c) The bitten animal shall be released from confinement only upon written order from the local health officer, who declares the animal to be free of rabies; and
(d) If the animal is found to have contracted rabies during confinement, it shall be properly disposed of. (Code 1989)
2-120. VEHICULAR ACCIDENTS INVOLVING ANIMALS. Any person who as the operator of a motor vehicle strikes any animal shall stop at once and shall immediately report such injury or death to the owner of such animal, or in the event that the owner cannot be ascertained, and located, the operator shall at once report the accident to the animal control officer or any law enforcement officer. (Code 1989)
2-121. EMERGENCY; PROCLAMATION. The Mayor is hereby authorized whenever in his or her opinion the danger to the public safety from rabid animals is made imminent to issue a proclamation ordering all persons owning any animal in the city to confine the animal in a good and sufficient enclosure from which the animal cannot escape, or fasten such animal by means of a chain on the premises where the owner may reside, for such time as may be specified in such proclamation. Any animal not confined during such time may be disposed of wherever found by any police officer, or the animal control officer of the city. The owner of such animal shall be prosecuted for such violation thereof. (Code 1989)
ARTICLE 2. DOGS
2-201. REGISTRATION AND VACCINATION REQUIRED; FEE.
(a) Every owner of any dog over three months age shall annually register with the City Clerk, or the designee of the City Clerk, his or her name and address with the name, sex and description of each dog owned and kept within the city. It shall be unlawful for the owner of any newly acquired dog or any dog brought into the city to fail to register such animal within 30 days from acquisition or bringing the dog into the city. It shall be unlawful for the owner of any previously registered dog to fail to maintain current registration of such dog.
(b) Upon registration, the owner shall present a current, completed certificate of immunization against rabies. No registration shall follow without evidence of this document, and it shall be unlawful for the owner of any dog over six months of age to fail to maintain effective rabies immunization of such dog.
(c) The owner or harborer of any dog shall, at the time of registering such dog, present to the City Clerk a certificate from an accredited veterinarian showing that a male dog has been neutered or a female dog has been spayed, if the dog had been neutered or spayed.
(d) The City Clerk shall collect an annual registration fee of $5.00 for each spayed or neutered dog and an annual registration fee of $20.00 for each un-spayed/un-neutered dog. A late registration fee for registration dogs after 1 April is $35.00 for each spayed or neutered dog and $70 for each un-spayed or un-neutered dog.
(e) The registration year shall be from January 1st through December 31st of each year. The fee shall be payable before April 1st of each year without penalty.
Registration fees as enumerate above may be prorated for newly acquired dogs or for
dogs owned by a person or persons moving to and establishing a home in the city during
calendar year. Every owner or harborer of dog or dogs who shall fail to register the same
prior to the 1st day of April of each year shall pay in addition to the registration fee
herein provided, a fine of $125.00 for failure to register. (Ordinance 1658) (Ordinance 1747/1754/1813/1940)
2-202. DOG TAGS. It shall be the duty of the City Clerk or designated agent, upon a showing of current rabies immunization and receipt of the registration fee herein before required, to keep in a book suitable for the registration of dogs, the time of the registration, the name of the owner or keeper, the number of the registration and the amount paid therefore, and shall deliver to the owner or keeper of the dog a certificate in writing, stating that the person has registered the dog and the number by which the dog is registered, and shall also deliver to the owner or keeper of the dog a tag with the registration number, tax paid and the registration year thereon, which shall be, by the owner or keeper, attached to the collar to be used on the dog so registered. When any tag has become lost during a registration period, the owner of the dog may request a duplicate tag for the remainder of the registration period. When so requested, the City Clerk shall, upon presentation of the registration certificate, issue a duplicate of such tag upon the payment of $1.00 fee. It shall be unlawful for any person to take off or remove the city registration tag from any dog belonging to another, or remove the strap or collar on which the same is fastened. (Code 1976, 3-201:202; Code 1989)
2-203. SAME; COUNTERFEIT TAG. It shall be unlawful for any person to place on any dog a tag issued for any other dog or to make or use any false, forged or counterfeited tag or imitation thereof. (Code 1989)
2-204. EVIDENCE OF VACCINATION. It shall be unlawful for the owner of any dog kept within the city to fail to display a current certificate of immunization against rabies issued by an accredited veterinarian evidencing the vaccination of such dog within two years, when requested by the animal control officer or any law enforcement officer. (Code 1989)
2-205. VISITING DOGS. The provisions of this article with respect to registration shall not apply to any dog owned by any person visiting or temporarily remaining within the city for less than 30 days. However, such dogs shall be kept under restraint by the owner thereof at all times. (Code 1989)
2-206. RUNNING AT LARGE; FINE.
(a) It shall be unlawful for the owner or harborer of any dog to permit such dog to run at large within the city at any time;
(b) Any dog running at large within the city may be impounded as set out in section 2-207;
(c) In case the identity of the owner of the impounded animal or fowl cannot be ascertained, the animal control officer or police officer shall, upon taking any such animal into custody and impounding the same, make a record thereof, with a description of the animal and the date and place taken into custody and the place of impounding, and shall thereupon immediately post a public notice stating that the animal, describing the same with the date and place of taking, has been taken up, and that unless the charges of impounding the same, together with any license fees due and unpaid, are paid within three business days from the date of the notice, that the animal will be disposed of as provided in this code. (Ord. 1466, Sec. 1(b); Code 1989)
(d) The owner or harborer of any dog that permits such dog to run at large within the city at any time shall be fined $25.00 for a first violation. The fine for additional violations of this section involving the same dog, shall increase incrementally by $25.00 for each successive violation, such that a second violation would result in a fine of $50.00, a third violation would result in a fine of $75.00, and so on. (Ordinance 1748)
2-207. IMPOUNDMENT; RECORD; NOTICE; REDEMPTION; MINIMUM FEE.
(a) Any dog found in violation of the provisions of this article shall be subject to impoundment by the city for a period of at least 72 hours beginning at 9:00 a.m. the day after the capture.
(b) A record of all dogs impounded shall be kept by the city containing the following information: color, sex, weight, height, identifying marks, registration number (if any) and the date of impoundment.
(c) If the dog impounded has a current registration tag attached to its collar or if the impounding officer knows the identity of the dog’s owner, the owner of such dog, as shown by the records of the City Clerk shall be notified in writing as soon as possible or at least 24 hours before such dog is disposed of by destruction or sale. If, at the end of five days the City Clerk has been unable to locate the owner, or the owner, upon having been located, refuses to claim or redeem said dog, then the dog may be sold, euthanized or otherwise disposed of.
(d) If the dog impounded has not been claimed within the period provided in this article, the impounding officer shall, make a record thereof, with a description of the animal and the date and place taken into custody and the place of impounding, and shall thereupon immediately post a public notice in the office of the City Clerk and Police Department stating that the animal, describing the same with the date and place of taking, has been taken up, and that unless the charges of impounding the same, together with any license fees due and unpaid, are paid within three business days from the date of the impounding notice, that the animal will be disposed of as provided in this code. If within three full business days the owner does not appear to claim the dog, then the dog may be sold, euthanized or otherwise disposed of.
(e) If at any time before the sale or destruction of any dog impounded under the provisions of this article, the owner of an impounded dog does appear and redeem the dog, it shall be turned over to the person claiming it upon payment of all impoundment fees, and upon compliance with the registration provisions of this article.
(f) The impoundment fees as set forth in sections 2-116 of the code of the City of Lyons, Kansas.
(g) Any dog impounded may not be released without a current rabies vaccination.
(h) Impoundment hereunder shall not preclude any court from imposing and executing any fine, which might otherwise be levied under this article for violation of any of the provisions thereof; nor shall impoundment be a defense in any prosecution commenced hereunder.
(i) The redemption of any dog impounded for a violation of any provision of this chapter shall be prima facie evidence of the violation of such provision by the person redeeming the dog. (Code 2005)
2-208. DISPOSITION OF UNCLAIMED DOGS. If any dog is not redeemed by its owner or harborer within the time allowed for redemption as specified in section 2-207 thereof, the animal control officer, any authorized law enforcement officer, any authorized veterinarian or any duly authorized pound personnel may destroy such dog or sell the same for the costs of impoundment and keeping, plus any registration fee due for the Current year. (Code 1989)
2-209. CONFINEMENT OF DOGS IN HEAT. Any unspayed female dog in the stage of estrus (heat) shall be confined during such period of time in a house, building or secure enclosure, and the area of enclosure shall be so Constructed that no other dog or dogs may gain voluntary access to the confined animal except for purposes of planned breeding. Any animal that is in the state of estrus (heat) and that is not properly confined, or any such animal that is creating a neighborhood nuisance, shall be removed to a boarding kennel, to a veterinary hospital or to the animal shelter. All expenses incurred as a result of the confinement shall be paid by the owner. The owner of animals removed to the animal shelter shall be charged at the rate established from time to time by the animal shelter for routine confinement. (Code 1989)
2-210. MUZZLING. Whenever the Mayor shall deem it necessary for the protection and welfare of the inhabitants of the city, he or she shall issue an order requiring all dogs kept within the city to be effectively muzzled for such length of time as may be specified in the order, to prevent them from biting or injuring persons or animals. Such order shall be published in the official newspaper of the city for such period of time, as the Mayor may deem necessary. (Code 1989)
CHAPTER III. BEVERAGES
Article 1. General Provisions
Article 2. Cereal Malt Beverages
Article 3. Alcoholic Liquor
Article 4. Private Clubs
Article 5. Drinking Establishments
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ARTICLE 1. GENERAL PROVISIONS
3-101. DEFINITIONS. Unless otherwise expressly stated or the context clearly indicates a different intention, the following terms shall, for the purpose of this chapter, have the meanings indicated in this section.
(a) Alcohol means the product of distillation of any fermented liquid, whether rectified or diluted, whatever the origin thereof, and includes synthetic ethyl alcohol but does not include denatured alcohol or wood alcohol.
(b) Alcoholic Liquor means alcohol, spirits, wine, beer and every liquid or solid, patented or not, containing alcohol, spirits, wine or beer and capable of being consumed as a beverage by a human being, but shall not include any cereal malt beverage.
(c) Cereal Malt Beverage means any fermented but undistilled liquor brewed or made from malt or from a mixture of malt or malt substitute, but does not include any such liquor that is more than 3.2 percent alcohol by weight.
(d) Class A Club means a premises which is owned or leased by a corporation, partnership, business trust or association and which is operated thereby as a bona fide nonprofit social, fraternal or war veterans’ club, as determined by the State of Kansas, for the exclusive use of the corporate stockholders, partners, trust beneficiaries or associates (hereinafter referred to as members), and their families and guests accompanying them.
(e) Class B Club means a premises operated for profit by a corporation, partnership or individual, to which members of such club may resort for the consumption of food or alcoholic beverages and for entertainment.
(f) Club means a Class A or Class B club.
(g) General Retailer means a person who has a license to sell cereal malt beverages at retail.
(h) Limited Retailer means a person who has a license to sell cereal malt beverages at retail only in original and unopened containers and not for consumption on the premises.
(i) Place of Business. Any place at which cereal malt beverages or alcoholic beverages or both are sold.
(j) Wholesaler or distributor. Any individuals, firms, copartnerships, corporations and associations which sell or offer for sale any beverage referred to in this chapter, to persons, copartnerships, corporations and associations authorized by this chapter to sell cereal malt beverages at retail. (Code 1989)
3-102. PUBLIC SALE; CONSUMPTION.
(a) It shall be unlawful for any person to sell, serve or dispense any cereal malt beverage or alcoholic beverage in any public place not licensed to sell, serve or dispense such beverage at such public place within or under the jurisdiction of the city.
(b) It shall be unlawful for any person to drink or consume any cereal malt beverage or alcoholic beverage in any public place not licensed to sell and serve such beverage for public consumption at such public place within or under the jurisdiction of the city.
(c) For purposes of this section, the term “public place” shall include upon any street, public thoroughfare, public parking lot or any privately owned parking area made available to the public generally, within any parked or driven motor vehicle situated in any of the aforesaid places or upon any property owned by the state or any governmental subdivision thereof unless such property is leased to others under K.S.A. 12-1740 et seq. if the property is being used for hotel or motel purposes or purposes incidental thereto or is owned or operated by an airport authority created pursuant to Chapter 27 of the Kansas Statutes Annotated. (K.S.A. 41-719; Code 1976, 4-213; Ord. 1475; Code 1989)
3-103. OPEN CONTAINER.
(a) It shall be unlawful for any person to transport in any vehicle upon a highway or street any cereal malt beverage or alcoholic beverage unless such beverage is:
(1) In the original, unopened package or container, the seal of which has not been broken and from which the original cap or cork or other means of closure has not been removed;
(2) In the locked, rear trunk or rear compartment or any locked outside compartment which is not accessible to any person in the vehicle while it is in motion or;
(3) In the exclusive possession of a passenger in a vehicle which is a recreational vehicle as defined by K.S.A. 75-1212 or a bus as defined by K.S.A. 8-1406, who is not in the driving compartment of such vehicle or who is in a portion of such vehicle from which the driver is not directly accessible.
(b) As used in this section “highway” and “street” have meanings provided by K.S.A. 8- 1424 and K.S.A. 8-1473 and amendments thereto. (K.5.A. 41-804, 41-2719; Code 1976, 4-215; Code 1989)
3-104. CONSUMPTION WHILE DRIVING. It shall be unlawful for any person to consume any cereal malt beverage or alcoholic beverage while operating any vehicle upon any street or highway. (K.S.A. 41-719, 41-2720; Code 1976, 4-112; Code 1989)
3-105. IDENTIFICATION CARD.
(a) It shall he unlawful for any person to:
(1) Display, cause or permit to be displayed, or have in possession, any fictitious, fraudulently altered, or fraudulently obtained identification card for purposes relating to the sale, purchase or consumption of either cereal malt beverage or alcoholic liquor.
(2) Display or represent any identification card not issued to such person as being his or her card for purposes relating to the sale, purchase or consumption of either cereal malt beverage or alcoholic liquor.
(3) Permit any unlawful use of an identification card issued to a person for purposes relating to the sale, purchase or consumption of either cereal malt beverage or alcoholic liquor.
(4) Photograph, photostat, duplicate or in any way reproduce any identification card or facsimile thereof in such a manner that it could be mistaken for a valid identification card or display or have in possession any such photograph, photostat, duplicate, reproduction or facsimile for purposes relating to the sale, purchase or consumption of either cereal malt beverage or alcoholic liquor.
(b) It shall be unlawful for any person to:
(1) Lend any identification card to or knowingly permit the use of any identification card by any person under 21 years of age for use in the sale, purchase or consumption of any alcoholic liquor.
(2) Lend any identification card to or knowingly permit the use of any identification card by any person under 21 years of age for use in the sale, purchase or consumption of any cereal malt beverage. (Code 1989)
3-106. UNDERAGE PURCHASER.
(a) It shall be unlawful for any person under 21 years of age to purchase or attempt to purchase any cereal malt beverage.
(b) It shall be unlawful for any person under 21 years of age to purchase or attempt to purchase any alcoholic liquor. (K.S.A. 41-715, 4 1-2721; Code 1976, 4-105; Code 1989)
ARTICLE 2. CEREAL MALT BEVERAGES
3-201. LICENSE REQUIRED OF RETAILERS.
(a) It shall be unlawful for any person to sell any cereal malt beverage at retail without a license for each place of business where cereal malt beverages are to be sold at retail.
(b) It shall be unlawful for any person, having a license to sell cereal malt beverages at retail only in the original and unopened containers and not for consumption on the premises, to sell any cereal malt beverage in any other manner. (K.S.A. 4 1-2702; Code 1976, 4-102; Code 1989)
3-202. APPLICATION. Any person desiring a license shall make an application one week in advance before going to the Governing Body of the city and accompany the application with the required license fee for each place of business for which the person desires the license. The application shall be verified, using a form prepared by the attorney general of the State of Kansas, which shall contain:
(a) The name and residence of the applicant and how long he or she has resided within the State of Kansas;
(b) The particular place for which a license is desired;
(c) The name of the owner of the premises upon which the place of business is located;
(d) A statement that the applicant is a citizen of the United States and not less than 21 years of age and that he or she has not within two years immediately preceding the date of making application been convicted of a felony or any crime involving moral turpitude, or been adjudged guilty of drunkenness, or driving a motor vehicle while under the influence of intoxicating liquor or the violation of any other intoxicating liquor law of any state or of the United States. (K.S.A. 4 1-2702; Code 1976, 4-104)
3-202A.LICENSE APPLICATION PROCEDURES.
(a) All applications for new and renewed cereal malt beverage licenses shall be submitted to the City Clerk ten (10) days in advance of the Governing Body meeting at which it will be considered.
(b) The City Clerk’s Office shall notify the applicant of an existing license thirty (30) days in advance of its expiration.
(c) The clerk’s office shall provide copies of all applications to the Police Department. The Police Department will run a records check on all applicants. The Police Department will then recommend approval, or disapproval, of applications within five (5) working days of the department’s receipt of the application.
(d) The Governing Body will not consider any application for a new or renewed license that has not been submitted ten (10) days in advance and been reviewed by the Police Department.
(e) An applicant who has not had a cereal malt beverage license in the City shall attend the Governing Body meeting when the application for a new license will be considered.
(Code 1989; Ordinance 1560/Ordinance 1785)
3-203. LICENSE GRANTED; DENIED.
(a) The journal of the Governing Body shall show the action taken on the application.
(b) If the license is granted, the City Clerk shall issue the license, which shall show the name of the licensee and the year for which the license is issued.
(c) No license shall be transferred to another licensee.
(d) If the license shall be denied, the license fee shall be immediately returned to the person who has made application. (Code 1989)
3-204. LICENSE TO BE POSTED. Each license shall be posted in a conspicuous place in the place of business for which the license is issued. (Code 1989)
3-205. LICENSE, DISQUALIFICATION. No license shall be issued to:
(a) A person who is not a resident of the county in which the place of business covered by the license is located, has not been a resident of such county for at least six months or has not been a resident in good faith of the State of Kansas.
(b) A person who has not been a resident of this state for at least one year immediately preceding application for a retailer’s license.
(c) A person who is not of good character and reputation in the community in which the person resides.
(d) A person who is not a citizen of the United States.
(e) A person who, within two years immediately preceding the date of application, has been convicted of a felony or any crime involving moral turpitude, drunkenness, driving a motor vehicle while under the influence of intoxicating liquor or violation of any other intoxicating liquor law of any state or of the United States.
(f) A partnership, unless all the members of the partnership are otherwise qualified to obtain a license.
(g) A corporation, if any manager, officer or director thereof, or any stockholder owning in the aggregate more than 25% of the stock of such corporation, would be ineligible to receive a license hereunder for any reason other than the citizenship and residency requirements.
(h) A corporation, if any manager, officer or director thereof, or any stockholder owning in the aggregate more than 25% of the stock of such corporation, has been an officer, manager or director, or a stockholder owning in the aggregate more than 25% of the stock, of a corporation which: (A) Has had a retailer’s license revoked under K.S.A. 41-2708 and amendments thereto; or (B) has been convicted of a violation of the drinking establishment act or the cereal malt beverage laws of this state.
(i) A person whose place of business is conducted by a manager or agent unless the manager or agent possesses all the qualifications of a licensee.
(j) A person whose spouse would be ineligible to receive a retailer’s license for any reason other than citizenship, residence requirements or age, except that this subsection (1) (j) shall not apply in determining eligibility for a renewal license. (Code 1976, 4-102; Ordinance 1575)
3-206. RESTRICTION UPON LOCATION.
(a) No license shall be issued for the sale at retail of any cereal malt beverages on premises, which are located in areas not zoned for such purpose.
(b) No place of business for the sale of cereal malt beverages for the consumption on the premises shall be located within any theater or in any building where any part of such premises occupied by a licensee shall be within two hundred (200) feet of the main entrance of any school or church. (Code 1976, 4-108; Ordinance 1560)
3-207. LICENSE FEE. The rules and regulations regarding license fees shall be as follows:
(a) General Retailer. There shall be an annual license fee per of $200.00 for each place of business selling cereal malt beverages at retail for consumption on premises.
(b) Limited Retailer. There shall be an annual license fee of $50.00 for each of place of business selling only at retail cereal malt beverages in original and unopened containers and not for consumption on the premises.
The full amount of the licenses shall be required regardless of the time of the year in which the application is made and the licensee shall only be authorized to operate under the license for the remainder of the calendar year in which the license is issued. (Ordinance 1663/Ordinance 1769/Ordinance 1811/Ordinance 1851/Ordinance 1895)
3-208. SUSPENSION OF LICENSE. The Chief of Police, upon five days’ written notice, shall have the authority to suspend such license for a period not to exceed 30 days, for any violation of the provisions of this chapter or other laws pertaining to cereal malt beverages, which violation does not in his or her judgment justify a recommendation of revocation. The licensee may appeal such order of suspension to the Governing Body within seven days from the date of such order. (K.S.A. 41-2708; Code 1989)
3-209. LICENSE SUSPENSION/REVOCATION BY GOVERNING BODY. The Governing Body of the city, upon five days’ written notice, to a person holding a license to sell cereal malt beverages may permanently revoke or cause to be suspended for a period of not more than 30 days such license for any of the following reasons:
(a) If a licensee has fraudulently obtained the license by giving false information in the application therefore;
(b) If the licensee has violated any of the provisions of this article or has become ineligible to obtain a license under this article;
(c) Drunkenness of a person holding such license, drunkenness of a licensee’s manager or employee while on duty and while on the premises for which the license is issued, or for a licensee, his or her manager or employee permitting any intoxicated person to remain in such place selling cereal malt beverages;
(d) The sale of cereal malt beverages to any person under the legal age for consumption;
(e) For permitting any gambling in or upon any premises licensed under this article;
(f) For permitting any person to mix drinks with materials purchased in any premises licensed under this article or brought into the premises for this purpose;
(g) For the employment of any person under the age established by the State of Kansas for employment involving dispensing cereal malt beverages;
(h) For the employment of persons adjudged guilty of a felony or of a violation of any law relating to intoxicating liquor;
(i) For the sale or possession of, or for permitting the use or consumption of alcoholic liquor within or upon any premise licensed under this article;
(j) The nonpayment of any license fees;
(k) If the licensee has become ineligible to obtain a license under this chapter;
(1) The provisions of subsections (f) and (i) shall not apply if such place of business is also currently licensed as a private club. (K.S.A. 41-2708; Code 1976, 4-109; Code 1989)
3-210. SAME; APPEAL. The licensee, within 20 days after the order of the Governing Body revoking any license, may appeal to the district court of Rice County and the district court shall proceed to hear such appeal as though such court had original jurisdiction in the matter. Any appeal taken under this section shall not suspend the order of revocation of the license of any licensee, nor shall any new license be issued to such person or any person acting for or on his or her behalf, for a period of six months thereafter. (K.S.A. 4 1-2708; Code 1976, 4-109; Code 1989)
3-211. CHANGE OF LOCATION. If a licensee desires to change the location of his or her place of business, he or she shall make an application to the Governing Body showing the same information relating to the proposed location as in the case of an original application. Such application shall be accompanied by a fee of $25.00. If the application is in proper form and the location is not in a prohibited zone and all other requirements relating to such place of business are met, a new license shall be issued for the new location for the balance of the year for which a current license is held by the licensee. (Code 1989)
3-212. WHOLESALERS AND/OR DISTRIBUTORS. It shall be unlawful for any wholesaler and/or distributor, his, her or its agents or employees, to sell and/or deliver cereal malt beverages within the city, to persons authorized under this article to sell the same within this city unless such wholesaler and/or distributor has first secured a license from the director of revenue, state commission of revenue and taxation of the State of Kansas authorizing such sales. (K.S.A. 41-2713; Code 1976, 4-110)
3-213. BUSINESS REGULATIONS. It shall be the duty of every licensee to observe the following regulations.
(a) The place of business licensed and operating under this article shall at all times have a front and rear exit unlocked when open for business.
(b) The premises and all equipment used in connection with such business shall be kept clean and in a sanitary condition and shall at all times be open to the inspection of the police and health officers of the city, county and state.
(c) Except as provided by subsection (d), no cereal malt beverage may be sold or dispensed between the hours of 12:00 midnight and 6:00 a.m., or consumed between the hours of 12:30 a.m. and 6:00 a.m. Cereal malt beverages may not be sold or dispensed on Sunday, with the exception of: (1) The sale at retail of cereal malt beverage in the original package is allowed within the city on any Sunday, except Easter, between the hours of 12:00 noon and 8:00 p.m., or on the day of any national, state, county or city election, including primary elections, during the hours the polls are open, within the political area in which such election is being held. (2) In a place of business which is licensed to sell cereal malt beverage for consumption on the premises, which derives not less than 30% of its gross receipts from the sale of food for consumption on the licensed premises. Closing hours for clubs shall conform to K.S.A. 41-2614 and any amendments thereto.
(d) Cereal malt beverages may be sold at any time alcoholic liquor is allowed by law to be served on premises which are licensed pursuant to K.S.A. 41-2701 et seq., and licensed as a club by the State Director of Alcoholic Beverage Control.
(e) The place of business shall be open to the public and to the police at all times during business hours, except that premises licensed as a club under a license issued by the State Director of Alcoholic Beverage Control shall be open to the police and not to the public.
(f) It shall be unlawful for any licensee or agent or employee of the licensee to become intoxicated in the place of business for which such license has been issued.
(g) No licensee or agent or employee of the licensee shall permit any intoxicated person to remain in the place of business for which such license has been issued.
(h) No licensee or agent or employee of the licensee shall sell or permit the sale of cereal malt beverage to any person under the legal age for consumption.
(i) No licensee or agent or employee of the licensee shall permit any gambling in the place of business for which such license has been issued.
(j) No licensee or agent or employee of the licensee shall permit any person to mix alcoholic drinks with materials purchased in said place of business or brought in for such purpose.
(k) No licensee or agent or employee of the licensee shall employ any person under the legal age for consumption in dispensing cereal malt beverages. No licensee shall employ any person who has been judged guilty of a felony.
(l) No private rooms or closed booths shall be operated in a place of business, but this provision shall not apply if the licensed premises are also currently licensed as a club under a license issued by the director (Code 1976, 4-105; Code 1989) (Ordinance 1749/1821/1896)
3-214. SANITARY CONDITIONS REQUIRED. All parts of the licensed premises including furnishings and equipment shall be kept clean and in a sanitary condition, free from flies, rodents and vermin at all times. The licensed premises shall have at least one restroom for each sex easily accessible at all times to its patrons and employees. The restroom shall be equipped with at least one lavatory with hot and cold running water, be well lighted, and be furnished at all times with paper towels or other mechanical means of drying hands and face. Each restroom shall be provided with adequate toilet facilities which shall be of sanitary design and readily cleanable. The doors of all toilet rooms shall be self-closing and toilet paper at all times shall be provided. Easily cleanable receptacles shall be provided for waste material and such receptacles in toilet rooms for women shall be covered. The restrooms shall at all times be kept in a sanitary condition and free of offensive odors and shall be at all times subject to inspection by the city health officer or designee. (Code 1989)
3-215. MINORS ON PREMISES.
(a) It shall be unlawful for any person under 18 years of age to remain on any premises where the sale of cereal malt beverages is licensed for on-premises consumption.
(b) This section shall not apply if the person under 18 years of age is an employee of the licensed establishment, or is accompanied by his or her parent or guardian, or if the licensed establishment derives not more than 50 percent of its gross receipts in each calendar year from the sale of cereal malt beverages for on-premises consumption. (Code 1976, 4-107; Code 1989)
3-216. SPECIAL EVENT CMB PERMITS
a) PERMIT REQUIRED. It shall be unlawful for any person to sell or serve any CMB at any special event within the city without first obtaining a local special event permit from the city clerk.
(b) PERMIT FEE.
(1) There is hereby levied a special event permit fee in the amount of $50 on each group or individual, which fee shall be paid before the event begins. Such fee shall be in addition to the $25 fee to be remitted to the Division of Alcohol Beverage Control.
(2) Every special event permit holder shall cause the permit receipt to be placed in plain view on any premises within the city where the holder of the special event permit is serving CMB for consumption on the premises.
(c) CITY SPECIAL EVENT PERMIT.
(1) It shall be unlawful for any person to serve CMB at a special event without first applying for a local special event permit at least 30 days before the event. Written application for the local special event permit shall be made to the city clerk on the form used for annual cereal malt beverage sales as directed by the city clerk. In addition to any other information required, the applicant shall provide the following:
A. The name of the applicant;
B. The group for which the event is planned;
C. The location of the event;
D. The date and time of the event;
E. Any anticipated need for police, fire or other municipal services.
(2) Upon meeting the requirements to obtain a special event permit, the city clerk shall issue a local special event permit to the applicant if there are no conflicts with any zoning or other ordinances of the city.
(3) The city clerk shall notify the chief of police whenever a special event permit has been issued and forward a copy of the permit and application to the chief of police.
(d) PERMIT REGULATIONS.
(1) No special event permit holder shall allow the serving of CMB between the hours of
12:00 a.m. and 6:00 a.m. at any event for which a special event permit has been
issued.
(2) No CMB shall be given, sold or traded to any person under 21 years of age.
(3) No more than four special event permits may be issued in a calendar year to the
same applicant.
(4) No special event permit issued hereunder may be transferred or assigned to any
other vendor.
(5) All local ordinances and state statutes for the sale and consumption of CMB apply to
holders of special event permits. (Ordinance 1870)
ARTICLE 3. ALCOHOLIC LIQUOR
3-301. STATE LICENSE REQUIRED.
(a) It shall be unlawful for any person to keep for sale, offer for sale, or expose for sale or sell any alcoholic liquor as defined by the “Kansas Liquor Control Act” without first having obtained a state license to do so.
(b) The holder of a license for the retail sale in the city of alcoholic liquors by the package issued by the state director of alcoholic beverage control shall present such license to the City Clerk when applying to pay the occupation tax levied in section 3-302 and the tax shall be received and a receipt shall be issued for the period covered by the state license. (Code 1976, 4-202:203; Code 1989)
3-302. OCCUPATIONAL TAX LICENSE YEAR. There is hereby levied an annual occupation tax of $300.00 on any person holding a license issued by the state director of alcoholic beverage control for the retail sale within the city of alcoholic liquors for consumption off the premises. The license shall be issued for a period of one year from the date of issuance. Such tax shall be paid by the retailer to the City Clerk before business is begun under an original state license and shall be paid within five days after any renewal of a state license. (Code 1976, 4-203; Code 1989)
3-303. POSTING OF RECEIPT. Every licensee under this article shall cause the city alcoholic liquor retailer’s occupation tax receipt to be placed in plain view, next to or below the state license in a conspicuous place on the licensed premises. (Code 1989)
3-304. HOURS OF SALE. No person shall sell at retail any alcoholic liquor:
(a) on Sunday, except the sale at retail of alcoholic liquor in the original package is allowed within the city on any Sunday, except Easter, between the hours of 12:00 noon and 8:00 p.m., or on the day of any national, state, county or city election, including primary elections, during the hours the polls are open, within the political area in which such election is being held.
(b) on Thanksgiving Day or Christmas Day,
(c) before 9:00 am or after 11:00 pm on any day when the sale of alcohol is permitted. (Ordinance 1639/1821)
3-305. BUSINESS REGULATIONS. It shall be unlawful for a retailer of alcoholic liquor to:
(a) Permit any person to mix drinks in or on the licensed premises;
(b) Employ any person under the age of 21 years in connection with the operation of the retail establishment;
(c) Employ any person in connection with the operation of the retail establishment who has been adjudged guilty of a felony;
(d) Sell, offer for sale, or give away or permit to be sold, offered for sale, or given away in or from the premises any service, or thing of value whatsoever except alcoholic liquor in the original package;
(e) Furnish any entertainment in his or her premises or permit any pinball machine or game of skill or chance to be located in or on the premises; or
(f) Have in his or her possession for sale at retail any bottles, cask, or other containers containing alcoholic liquor, except in the original package.
(g) Sell, give away, dispose of, exchange or deliver, or permit the sale, gift or procuring of any alcoholic liquor to or for any person under 21 years of age, any person who is an incapacitated person or any person who is physically or mentally incapacitated by the consumption of liquor. (Code 1976, 4-206, 4—210:211; Code 1989)
3-306. RESTRICTIONS ON LOCATION. No license shall be issued for the sale of any alcoholic liquor on premises which:
(a) Are located in areas not zoned for general commercial or business purposes;
(b) Are located within 200 feet of any public or parochial school, or college or church. If any school, college or church shall be established within 200 feet of any licensed retail premises after such premises have been licensed, then such premises shall be an eligible location for retail licensing; and
(c) Do not conform to the building ordinances or laws of the state or city; or in the absence of such ordinances or laws, are not structurally in good condition or are in a dilapidated condition. (K.S.A. 41-710; Code 1976, 4-207)
3-307. SALE AT RETAIL FORBIDDEN ON CERTAIN PREMISES. No alcoholic liquor shall be sold at retail upon any premises which have an inside entrance or opening which connects with any other place of business. (K.S.A. 41-711; Code 1976, 4-208)
3-308. RETAIL LICENSES; LAW VIOLATION; FORFEITURE. Whenever any retail licensee shall have been convicted under the Kansas liquor control act, and as a part of the penalty for such offense, a forfeiture of this license has been adjudged, or in the event the office of the state director of alcoholic beverage control shall revoke the license of such retail licensee in an original proceeding brought for the purpose, all moneys paid for the license under this article shall be forfeited to the city. (K.S.A. 41-314; Code 1976, 4-212)
3-309. OPEN SALOON DEFINED AND PROHIBITED; PENALTY. It shall be unlawful for any person to own, maintain, operate or conduct either directly or indirectly an open saloon. For the purposes of this section, the words “open saloon” mean any place, public or private, where alcoholic liquor is sold or offered for sale or kept for sale by the drink or in any quantity of less than one-half pint, or sold, offered for sale, or kept for sale for consumption on the premises where sold. Any person violating the provisions of this section shall, upon conviction thereof be punished by a fine of not more than $500.00 or by imprisonment for not more than 90 days. (K.S.A. 41-803; Code 1976, 4-214)
ARTICLE 4. PRIVATE CLUBS
3-401. OCCUPATION TAX.
(a) There is hereby levied an annual occupation tax in the amount of $250.00 on each Class A or Class B club located in the city which has a Class A or Class B club license issued by the state director of alcoholic beverage control, which tax shall be paid before business is begun under an original state license and within five days after any renewal of a state license.
(b) The license shall be issued for a period of one year from the date of issuance.
(c) Every licensee shall cause the city Class A or Class B club occupation tax receipt to be placed in plain view next to or below the state license in a conspicuous place on the licensed premises. (Ordinance 1663/Ordinance 1784).
3-402. RESTRICTION ON LOCATION.
(a) No license shall be issued to a person whose place of business is located within 200 feet of any church, public or parochial school, said distance to be measured from the nearest property line of the church or school to the nearest portion of the building occupied by the private club.
(b) The distance location of subsection (a) above shall not apply to a private club when the license applicant petitions for and receives a waiver of the distance limitation from the Governing Body. The Governing Body must do a public notice and hearing prior to the approval of the waiver. (Code 1989).
3-403. BUSINESS REGULATIONS.
(a) The Governing Body may prescribe hours of closing, standards of conduct and rules and regulations concerning the moral, sanitary and health conditions of the place licensed, and may establish zoning districts within which no private club may be located.
(b) No club licensed hereunder shall allow the serving, mixing or consumption of alcoholic liquor on its premises between the hours of 2:00 a.m. and 9:00 a.m. on any day other than a Sunday, nor between the hours of 2:00 a.m. and 12:00 noon on a Sunday.
(c) Cereal malt beverages may be sold on premises licensed both for retail sale of cereal malt beverage for on-premises consumption pursuant to K.S.A. 41-2701, et. seq., and holding a license as a private club issued by the State of Kansas at any time when alcoholic liquor is allowed by law to be served on the premises.
(d) No membership shall be sold to any person under 21 years of age, nor shall alcoholic beverages or cereal malt beverages be given, sold or traded to any person under 21 years of age. (K.S.A. 41-2614, 41-2704; Code 1989)
3-404. MINORS ON PREMISES.
(a) It shall be unlawful for any person under the age of 21 years to remain on any premises where the sale of alcoholic liquor is licensed for on-premises consumption.
(b) It shall be unlawful for the operator, person in charge or licensee of any premises licensed for on-premises consumption of alcoholic liquor to permit any person under the age of 21 years to remain on the premises.
(c) This section shall not apply if the person under the age of 21 years is accompanied by his or her parent or guardian, or if the licensed premises derive not more than 50 percent of its gross receipts in each calendar year from the sale of alcoholic liquor for on-premises consumption. (Code 1989)
ARTICLE 5. DRINKING ESTABLISHMENTS
5-101. LICENSE REQUIRED. It shall be unlawful for any person granted a drinking establishment license by the State of Kansas to sell or serve any alcoholic liquor authorized by such license within the city without first obtaining a city license from the city clerk.
5-102. LICENSE FEE.
(a) There is hereby levied an biennial license fee in the amount of $100.00 on each drinking establishment located in the city which has a drinking establishment license issued by the state director of alcoholic beverage control, which fee shall be paid before business is begun under an original state license and within five days after any renewal of a state license. (b) All applications for new or renewal city licenses shall be submitted to the city clerk. Upon presentation of a state license, payment of the city license fee and the license application, the city clerk shall issue a city license for the period covered by the state license, if there are no conflicts with any zoning or alcoholic beverage ordinances of the city.
(c) The license period shall extend for the period covered by the state license. No license fee shall be refunded for any reason.
(d) Every licensee shall cause the city drinking establishment license to be placed in plain view next to or below the state license in a conspicuous place on the licensed premises.
5-103. BUSINESS REGULATIONS.
(a) No drinking establishment licensed hereunder shall allow the serving, mixing or consumption of alcoholic liquor on its premises between the hours of 2:00 a.m. and 9:00 a.m. on any day.
(b) Cereal malt beverages may be sold on premises licensed for the retail sale of cereal malt beverage for on-premises consumption at any time when alcoholic liquor is allowed by law to be served on the premises.
(c) No alcoholic beverages or cereal malt beverages shall be given, sold or traded to any person under 21 years of age. (K.S.A. Supp. 41-2614) (Ordinance 1924)
CHAPTER IV. BUILDINGS AND CONSTRUCTION
Article 1. Fire Limits
Article 2. Building Code
Article 3. Electrical Code
Article 4. Plumbing and Gas-Fitting Code
Article 5. Mechanical Code
Article 6. Moving Buildings
Article 7. Dangerous and Unfit Structures
Article 7.A Unfit Structures
Article 8. Heat Loss Standards and EER
Article 9. House and Building Numbering
Article 10. Natural Gas Damage Prevention Program
Article 11. Housing Code
ARTICLE 1. FIRE LIMITS
4-101. FIRE LIMITS ESTABLISHED. The following shall be and are hereby declared to be the fire limits of the city:
Block 1, Block 5, the east half except the south 100 feet of Block 4, Block 3, and the west half and the northeast quarter of Block 6 all in the original town of the City of Lyons, Kansas; the south half and the northeast quarter of Block 3, Block 2, the east half of Block .5, Block 8, Block 6, Block 7 and Block 1 all in White’s Addition to the City of Lyons, Kansas; the west half of Block 2, and Block 1 all in Workman’s Addition to the City of Lyons, Kansas; and the west half of Block 1 in Fones’ First Addition to the City of Lyons, Kansas. (Code 1976)
4-102. CONSTRUCTION STANDARDS. It shall be unlawful for any person, firm, partnership, corporation or association to construct, remove, repair or build any building or structure except in compliance with building code requirements for construction within the fire limits. (Code 1976)
ARTICLE 2. BUILDING CODE
4-201. DEFINITIONS. As used in this article, the words and phrases herein defined shall have the following meanings unless the context otherwise requires:
(a) Whenever the word “municipality” is used in the building code, it shall be held to mean the City of Lyons, Kansas;
(b) Whenever the term “corporation counsel” is used in the building code, it shall be held to mean the City Attorney of the City of Lyons;
(c) Whenever the term “building official” is used in the building code, it shall be held to mean the City Administrator or his or her authorized designee. (Code 1989)
202. INTERNATIONAL BUILDING CODE INCORPORATED.
(a) That a certain document, three (3) copies of which are on file in the office of the City Clerk in the City of Lyons, Kansas, being marked and designated as the International Building Code, 2012 edition as published by the Code Council, be and is hereby adopted as the Building Code of the City of Lyons, Kansas, for regulating and governing the conditions and maintenance of all property, buildings and structures; by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupation and use; and the condemnation of buildings and structures unfit for human occupancy and use and the demolition of such structures as herein provided; and each and all of the regulations, provisions, penalties, conditions and terms of said Building Code on file in the office of the City Clerk of the City of Lyons, Kansas are hereby referred to, adopted, and made a part hereof, as if fully set out in this Ordinance, with the additions, insertions, deletions, and changes:
Section 1-101. Insert: The City of Lyons, Kansas
Section 1612.3 Insert: The City of Lyons, Kansas
Section 1612.3 Insert: 16 March 1998
Section 3410.2 Insert: April 17, 1989.
(b) Trespass in Violation of Order from the City Inspector Declaring House Uninhabitable. It shall be unlawful for anyone to continue to inhabit a structure, which has been lawfully deemed unsafe by the city inspector. Violation of this ordinance shall constitute a misdemeanor and be punishable by up to thirty days in jail and a fine of $500 for each day this section is violated. (Ordinance 1739) (Ordinance 1877)
4-203. ADDITIONAL PROVISIONS. The following sections of this article are in addition to the provisions of the standard code incorporated by reference in section 4-202. (Code 1989)
4-204. BUILDING OFFICIAL; POWERS; DUTIES.
(a) This and other articles of the city relating generally to building and structures shall be administered and enforced by the City Administrator. The City Administrator shall act as chief building official and may assume the responsibilities of or with the consent and approval of the Governing Body appoint a building inspector and such other assistants as may be advisable for the issuance of building permits and the inspection of building work.
(b) The City Clerk shall prepare such application, permit, inspection and record forms as may be required for the purposes of the article. The City Administrator may make and promulgate the necessary rules and regulations to obtain conformity with this article pertaining to the making of applications for building permits, issuing of building permits and inspecting of buildings and building works. (Ordinance 1696)
4-205. BUILDING INSPECTOR; APPOINTMENT. The City Administrator may assume the responsibilities of or appoint some qualified officer or employee of the city to be and perform the duties of building inspector as may be required, subject to the consent and approval of the Governing Body. (Code 1989)
4-206. SAME; DUTIES. The building inspector shall have the following duties:
(a) To enforce all regulations relating to construction, alteration, repair, removal and demolition of building and structures;
(b) May permit, with the approval of the Chief Building Official, on the basis of duly authenticated reports from recognized sources, the use of new materials or modes of construction, not provided for in this article, and may, for the purpose of carrying out the intent of this article adopt an accepted standard of material or workmanlike practices of federal or state bureaus, national, technical organizations or fire underwriters;
(c) To examine all buildings in the process of erection, construction, alteration or relocation in the city for the purpose of determining whether the work is in compliance with the permit given and in compliance with the regulations of the city pertaining to such work, including zoning regulations; and;
(d) To provide to the City Clerk comprehensive records of applications, of permits or certificates issued, of inspections made, of reports rendered, and of notices or orders issued. All such records shall be filed by the City Clerk and open to public inspection during stated office hours, but shall not be removed. (Code 1989)
4-207. SAME; POWERS. The building inspector shall have the following powers:
(a) To enter any building or structure or premises at any reasonable hour, whether complete or in the process of erection, to perform the duties contained in this chapter;
(b) To adopt and enforce all such prudent emergency measures as he or she may deem necessary and expedient for the public safety under the laws of the city;
(c) May cause any work done in violation of this chapter to be discontinued until he or she shall have satisfactory evidence that the work will be done in accordance with the building regulations of the city, subject to the right of any builder or owner to appeal to the Governing Body. (Code 1989)
4-208. SAME; RIGHT OF ENTRY. The building inspector, or his or her agent, upon proper identification, shall have authority to enter any building, structure or premises at any reasonable hour to perform his or her duties as set out in this chapter. (Code 1989)
4-209. CLARIFICATION; MODIFICATION.
(a) The Chief Building Official shall be the final determiner of the scope and meaning of all provisions of the building code, which may be unclear, ambiguous, or requiring interpretation.
(b) The building inspector shall have power to modify any of the provisions of the building code upon application in writing by the owner or lessee or his or her authorized agent, when there are practical difficulties in the way of carrying out the strict letter of the code. In approving modifications, the building inspector shall see that the spirit of the code is observed, public safety secured and substantial justice done. The particulars of a modification when granted or allowed and the decision of the inspector thereon shall be entered upon the records of the building inspector and a signed copy shall be furnished to the applicant. (Code 1989)
4-210. BUILDING PERMIT REQUIRED; APPLICATION AND APPROVAL.
(a) It Shall be unlawful for any person to hereafter erect, or cause to be erected, within
the City any building or structure of any kind or enlarge or add to the outside
dimensions thereof, or relocate, any building or structure already erected or which
may hereafter be erected or remodeled or re-roof any building or structure within the
City without a building permit being first obtained therefore from the City Clerk, after
approval by the Chief Building Official for his or her dully authorized assistant. The
application for such permit shall be made and the permit obtained before work is
commenced upon any building or structure or the foundation thereof, or before the
removal of any building begins.
(b) The Governing Body will establish the fees for the issuance of building permits. (Code 2005/Ordinance 1758)
4-211. SAME; APPLICATION INFORMATION REQUIRED.
(a) A building permit shall be issued upon an application in writing to the office of City Clerk on a form or forms provided for the purpose. This application shall, among other things, disclose the following:
(1) The name of the owner of the lot or tract of ground;
(2) The location of the building or structure;
(3) The building work proposed;
(4) The outside dimensions of the building by floors and dimensions of the basement (if any);
(5) Building Plans for New Construction of Buildings
(6) The estimated cost of the work;
(7) The date work will commence;
(8) Expected date of completion;
(9) Name and address of contractor or contractors doing the work;
(10) Such other information as may be pertinent to the issuance of the required permit.
(b) An application for a building permit shall be signed by the owner or his or her duly authorized agent, or a building contractor. If the application is made by the owner or his or her agent, it shall contain the name or names of the contractor or contractors doing the work described, or a building permit may be issued to the owner upon his or her application disclosing satisfactory evidence that the proposed work will be performed by the owner, himself or herself and not by a contractor, and likewise subject to the final approval of the building inspector for work performed.
(c) Upon approval of the completed application and a determination that a permit should be issued, the chief building official or his or her assistant shall issue a permit to the owner or contractor authorizing the building work covered by the application.
(d) New residential, commercial, and industrial structures shall have a set of architectural or engineering stamped drawings accompanying the application for a building permit.
e) Any permit issued under this section shall be valid and subsisting for a period of not more than six months (demolition permits are only good for three months) from the date of issuance unless the permitted shall have commenced, within the period so limited, the building work authorized by such permit. Building work commenced for the purpose of this section shall mean the beginning of building work other than the preparation of plans or the staking out of the building location or the letting of a building contract. Application for extension of time on an existing building permit shall be made in writing to the Chief Building Official.
f) Notwithstanding any other provision of this chapter, no building permit for work to be performed on or within a residential property originally constructed before 1978 will be approved/issued unless the Chief Building Official has been provided a document signed by the owner or occupant of the property where the work is to be performed, confirming receipt of the EPA pamphlet titled “Protect Your Family From Lead in Your Home”. (Ordinance 1722/1807)
4-212. SAME; ISSUANCE.
(a) The application, plans, and specifications filed by an applicant for a building permit shall be checked by the building official and may be reviewed by other departments of the city to check compliance with the laws under their jurisdiction. If the building official is satisfied that the work described in an application for permit and the plans filed therewith conform to the requirements of this code, he or she shall issue a permit therefore to the applicant.
(b) No permit shall be issued for the construction of a dwelling house or other structure for which plumbing is required unless the applicant has shown the building official that sewer utilities are adjacent to the property to be served and ready for permanent connection. (Ord. 1418)
4-213. SAME; APPROVAL.
(a) When the building official issues the permit, he or she shall endorse in writing or stamp on both sets of plans and specifications “Approved.” The approved plans and specifications shall not be changed, modified, or altered without authorization from the building official, and all work shall be done in accordance with the approved plans.
(b) The building official may issue a permit for the construction of part of a building or structure before the entire plans and specifications for the whole building or structure have been submitted or approved provided adequate information and detailed statements have been filed complying with all pertinent requirements of this code. The holder of the permit shall proceed at his or her own risk without assurance that the permit for the entire building or structure will be granted. (Ord. 1418)
4-214. SAME; POSTING. A copy of the building permit shall be kept on the premises for public inspection during the performance of the work and until the completion of the same. The building inspector may require a certified copy of the approved plans to be kept on the premises at all times from the commencement of the work to the completion thereof. (Code 1989)
4-215. CERTIFICATE OF APPROVAL. Upon the completion of any new structure under a building permit, the chief building official, the building inspector or his or her designee is authorized to issue a certificate of approval for the occupancy and use of the building or structure. The certificate shall show the number of inspections made and the orders and corrections required during the course of the work. A copy of such certificate shall be given the owner. (Code 1989)
4-216. INSPECTIONS OF BUILDING; LAYOUT OF BUILDING; FOUNDATIONS AND FOOTINGS; NOTICE TO INSPECTOR.
(a) The contractor or builder having a permit for new construction, or additions to existing buildings, shall notify the chief building official or building inspector immediately upon the marking or laying out of the site and foundation for such work. The official or inspector shall inspect the layout for conformity with this article and with respect to lot lines, setbacks and location of the proposed buildings to determine conformity with the city zoning regulations. In case of doubt respecting the required location, the chief building official may require an official survey of the lot lines to determine conformity, at the expense of the permit holder.
(b) Upon completion of the excavation for the building foundation and footings and the construction of the necessary forms thereof and before the foundation and footings are poured or laid, the official or inspector shall be notified as in the first case, and it shall be his or her duty to inspect all such work for conformity with laws respecting location of the building foundations and footings.
(c) The building inspector shall during the course of all building make such other inspections as may be directed by the chief building official to be made during any successive stage of the construction or other work covered by a permit in order to secure compliance with laws pertaining thereto. (Code 1989)
4-217 REQUEST FOR INSPECTION. Upon the completion of any building construction work covered by this article, it shall be the duty of the person doing such work to notify the building inspector and request that it be inspected; after which such work shall be inspected promptly as hereinafter provided. (Code 1989)
4-218. WORK BY PROPERTY OWNERS. Nothing herein contained shall prohibit any property owner from personally performing any building or construction work within and upon his or her own residence and intended for his or her personal use and permanent occupancy; provided, the owner shall satisfy the building inspector as to his or her ability to perform such work, secure a permit, pay required fees, do work in accordance with this article, and apply for an inspection and receive a certificate of approval. Personal building or construction performed by an owner under this section shall be by himself, herself, for himself or herself on his or her own residence, without compensation and no person shall be employed to assist him or her in any way on such work except a builder or building contractor licensed by the city. (Code 1989)
4-219. LIABILITY. This article shall not be construed to relieve from any liability or lessen the liability of any person performing any activity connected herewith, nor shall the city be held as assuming any liability by reason of any inspection authorized herein, by reason of any certificate of inspection issued by it or by reason of any permit or license granted herein. (Code 1989)
4-220. SEVERABILITY. If any section of the International Building Code or of this article shall be held unconstitutional or otherwise invalid by any court of competent jurisdiction, then such section shall be considered separate and apart from the remaining sections, the section to be completely severable from the remaining provisions which shall continue in full force and effect. (Code 1989)
ARTICLE 3. ELECTRICAL CODE
4-301. DEFINITIONS. For the purpose of this article, the words and phrases used herein shall have the meanings ascribed to them in this section, unless the context clearly indicates to the contrary.
(a) Approved shall mean approved by the chief building official, the electrical inspector or his or her designee.
(b) Authorized person shall mean any individual, firm or corporation who or which is licensed under the provisions of this article to do the work as permitted under the specified provisions of this article.
(c) City shall mean the territory within the corporate limits of this city.
(d) Conductor shall mean a wire or cable or other form of metal suitable for carrying the electric current or potential.
(e) Electrical construction or installation shall mean and include all work and materials used in installing, maintaining or extending a system of electrical wiring and all appurtenances, apparatus or equipment used in connection therewith, inside or attached to any building, structure, lot or premises, except industrial plants where fulltime maintenance is provided and other agencies providing inspections of installations and facilities. Electrical construction shall not be held to mean or include any of the following:
(1) The replacement of lamps, fuses, bulbs or the connection of portable electrical equipment to suitable permanently installed receptacles and replacement of receptacles and switches, lighting fixtures and apparatus where no changes or alterations are made to the wiring;
(2) Any work involved in the manufacturing, repair or testing of any electrical equipment or apparatus, but not including any permanent wiring; or
(3) Any work in industrial establishments where inspections come under the scope of other inspection agencies.
(f) Equipment shall mean conductors, materials, fittings, devices, appliances, fixtures, apparatus, motors and the like, used as a part of or in connection with an electrical installation.
(g) Inspector shall mean the chief building official or any individual who has been appointed by the city as electrical inspector.
(h) Person shall mean a natural person, his or her heirs, executors, administrators or assigns, and also includes a firm, partnership or corporation, its or their successors, assigns, or the agent of any of the aforesaid.
(i) Special permission shall mean the written consent of the chief building official or the electrical inspector.
(j) Special ruling shall mean a written ruling filed in the office of the chief building official or the electrical inspector. (Code 1989)
4-302. ADOPTION OF NATIONAL ELECTRICAL CODE. That a certain document, three (3) of which are on file in the office of the City Clerk of the City of Lyons, Kansas being marked and designated as the 2011 National Electrical Code, as published by the National Fire Protection Association, be and is hereby adopted as the Electrical Code of the City of Lyons, Kansas for regulating the design, construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement, addition to, use or maintenance of electrical systems as herein provided; and each and all of the regulations, provisions, penalties, conditions, and terms of said National Electrical Code in the office of the City Clerk of the City of Lyons, Kansas are hereby referred to, adopted, and made a part as if fully set out in this ordinance. (Ordinance 1695) (Ordinance 1878)
4-303. ELECTICAL PERMIT REQUIRED; APPLICATION; APPROVAL. Except as provided in subsection (b), it shall be unlawful for any person engaged in any electrical construction as defined in section 4-301 within the city without an electrical permit being first obtained therefore from the City Clerk, after approval by the Chief Building Official or his or her duly authorized assistant. The application for such permit shall be made and the permit obtained before any electrical construction work is commenced. The Governing Body will establish the fees for the issuance of electrical permits. (Ordinance 1669)
4-304. SAME; APPLICATION INFORMATION REQUIRED.
(a) An electrical permit shall be issued upon an application in writing to the office of City Clerk on a form or forms provided for the purpose. This application shall, among other things, disclose the following:
(1) The name of the owner of the lot or tract of ground;
(2) The location of the building or structure;
(3) The electrical construction work proposed;
(4) The class of occupancy;
(5) The class of electrical construction;
(6) The kind of materials to be used;
(7) The date work will commence;
(8) Expected date of completion;
(9) Name and address of electrical contractor or contractors doing the work;
(10) Such other information as may be pertinent to the issuance of the permit.
(b) An application for an electrical permit shall be signed by the owner or his or her duly authorized agent, or an electrician or electrical contractor licensed by the city. If the application is made by the owner or his or her agent, it shall contain the name or names of the licensed electrician or electrical contractor or contractors doing the work described, or an electrical permit may be issued to the owner upon his or her application disclosing satisfactory evidence that the proposed work will be performed by the owner, himself or herself and not by a licensed electrical contractor, and likewise subject to the final approval of the electrical inspector for work performed.
(c) Upon approval of the completed application and a determination that a permit should be issued, the chief building official or his or her assistant shall issue a permit to the owner, electrician or electrical contractor authorizing the electrical construction work covered by the application. No work other than that authorized in a permit issued pursuant to this article shall be done, and additional work not covered by the permit shall require another permit. (Code 1976, 5-314:316; Code 1989)
4-305. SAME; PLANS AND SPECIFICATIONS. Whenever an application for a electrical permit is made, the chief building official or the electrical inspector may, if he or she finds it necessary to determine whether electrical construction work described in the application will comply with the laws pertaining to such work, require that the applicant file a written description or drawing of the proposed electrical construction as may be prepared for the purpose. It such drawing or description is insufficient for the purposes of determining whether a permit should be issued, the building official may require the applicant to file complete electrical and engineering plans and specifications for such electrical construction, or any part thereof, as may be necessary for the inspector to determine compliance with this article. The filing of such plans and specifications and the approval thereof in connection with an application for a permit shall not in any way affect the authority of the city to deny or issue a permit, or to inspect any electrical construction work for conformity with this article. (Code 1989)
4-306. SAME; POSTING. A copy of the electrical permit shall be kept on the premises for public inspection during the performance of the work and until the completion of the same. The electrical inspector may require a certified copy of the approved plans to be kept on the premises at all times from the commencement of the work to the completion thereof. (Code 1989)
4-307. REQUEST FOR INSPECTION. Upon the completion of any electrical work covered by this article, it shall be the duty of the person doing such work to notify the electrical inspector and request that it be inspected; after which such work shall be inspected promptly as hereinafter provided. (Code 1976, 5-3 19; Code 1989)
4-308. INSPECTION; CONCEALMENT OF PRIOR WORK.
(a) When any electric equipment is to be hidden from view by the permanent placement of parts of the building, the person, firm or corporation installing the equipment shall notify the building inspector and such equipment shall not be conceded until it has been inspected, approved or authorized by the electrical inspector or until 24 hours, exclusive of Saturdays, Sundays and holidays, shall have elapsed from the time of such notification. On large installations, where the concealment of equipment proceeds continuously, the person, firm or corporation installing the electrical equipment shall give the electrical inspector due notice and inspections shall be made periodically during the progress of the work.
(b) The electrical inspector shall have the authority to require building contractors to open such work which, in any manner, conceals electrical wiring that has been closed without his or her knowledge or permission, and in no case shall the inspector issue a certificate of approval until satisfied that the work is in accordance with the provisions of this article. The inspector shall also have the right to refuse to issue a certificate of approval on any wiring, that is concealed in such manner that it cannot be fully determined that it has been done in accordance with this article. (Code 1976, 5-318, 5-322; Code 1989)
4-309. CERTIFICATE OF APPROVAL.
(a) When the electrical inspector finds an electrical construction or installation to be in conformity with the provisions of this article, he or she shall issue to the person, firm, or corporation performing the electrical construction work or making the installation, a certificate of approval, with duplicate copy for delivery to the owner, authorizing the use of the installation and connection to the supply of electricity.
(b) When a certificate of approval is issued authorizing the connection and use of a temporary installation, the certificate shall expire at a time to be stated therein and shall be revocable for cause by the electrical inspector.
(c) In no case shall certificates of approval be issued on electrical construction, installations or parts of installations where the work installed does not conform to the requirements of this article.
(d) If, upon inspection, the installation is not found to be fully in conformity with the provisions of this article, the electrical inspector shall immediately notify the person, firm, or corporation performing the electrical construction work or making the installation of the existing defects.
(e) No certificate of approval shall be issued unless the electric conductor or equipment has been installed in strict conformity with the provisions of this article and unless the electrical construction or installation is made in compliance with nationally approved methods of construction for safety to life and property as herein set forth.
(f) The electrical inspector shall be deemed the judge of whether the installation of electric conductors and equipment has been made in accordance with the requirements of this article.
(g) No certificate of approval shall be required for any of the following:
(1) The replacement of lamps, fuses, bulbs or the connection of portable electrical equipment to suitable permanently installed receptacles and replacement of receptacles and switches, lighting fixtures and apparatus where no changes or alterations are made to the wiring;
(2) Any work involved in the manufacturing, repair or testing of any electrical equipment or apparatus, but not including any permanent wiring; or
(3) Any work in industrial establishments where inspections come under the scope of other inspection agencies. (Code 1976, 5-320; Code 1989)
4-310. CONNECTION TO INSTALLATIONS. It shall be unlawful for any person, firm, or corporation to make connection to a supply of electricity to any building or electrical equipment for which an inspection is required, or which has been disconnected by the order of the electrical inspector, until a certificate of approval has been issued by the electrical inspector authorizing the connection and use of such electric supply. The electrical inspector may, at his or her discretion, authorize a temporary connection. (Code 1976, 5-321; Code 1989)
4-311. REINSPECTION. The building inspector shall periodically reinspect existing installations of electrical conductors and equipment. When the installation of any conductors or equipment is found to be in a dangerous or unsafe condition, the person, firm, or corporation owning, using, or operating the installation shall be notified in writing and shall make the necessary repairs or changes required to place the conductors or equipment in safe condition and have the work completed within the period specified by the building inspector. (Code 1976, 5-323; Code 1989)
4-312. CONDEMNATION; APPEAL.
(a) If in the judgment of the electrical inspector, after an inspection, any electrical conductors, appliances or equipment in any building are unsafe or dangerous to persons or property, the inspector shall have the power to cause the wires or appliances to be disconnected from the source of electrical energy supplying these conductors or equipment, and may, at his or her discretion, seal the control switches for the same in an open or disconnected position, whereupon he or she shall give notice to the owner, or his or her agent, or by posting such notice at the site and shall also notify the utilities serving the premises. Thereafter, it shall be unlawful for any person to cause or permit electric current to be supplied to the electrical conductors, appliances or equipment so sealed until they shall have been made safe and the inspector shall have issued a certificate of approval to that effect
(b) It shall be the duty of the electrical inspector to cause all dead wires, unused poles or electric apparatus on the outside of the buildings or in streets or alleys to be removed at the expense of the owners thereof by giving the owners written notice.
(c) When the electrical inspector condemns all or part of any electrical installation, the owner may, within 10 days after receiving written notice thereof, file a petition in writing for review of the action of the building inspector by the Chief Building Official, upon the receipt of which the Chief Building Official shall at once proceed to determine the facts, and within 10 days from receiving the petition make a decision in accordance with the findings. (Code 1989)
4-313. INTERFERENCE BY UNAUTHORIZED PERSON. It shall be unlawful for any unauthorized person to, in any manner, change or alter electrical conductors or equipment in or on any building. If in the course of the erection of a building or structure, electrical conductors or equipment are in such position as to interfere with the erection or completion of the structure, notice shall be immediately given the authorized person or firm installing the electrical conductors or equipment, and the needed change shall be made by such authorized person or firm. (Code 1989)
4-314. ELECTRICIANS DEFINED.
(a) Master Electrician. A person who is qualified and certified to work at the occupation of electrical wiring, one who shall be capable of a complete understanding of the trade in preparing layouts of and understanding specification data, and being capable morally and financially responsible to perform and complete any work conforming to regulations of the electrical code.
(b) Journeyman Electrician. A person who is qualified to work at the occupation of electrical wiring for and under the direction of a master electrician and shall be classified as one who is capable of performing the installation and related items of his or her craft as directed by a master electrician in charge of such work.
(c) Apprentice Electrician. A person who is certified to work with master electricians or journeyman electricians for the purpose of learning the occupation of electrical wiring and only in the presence of a master electrician or journeyman electrician. No more than two apprentices shall work under the direction of a master electrician or journeyman electrician.
(d) Electrical Contractor. A person, partnership or corporation who engages in the business of electrical wiring. (Ord. 1491, Sec. 1)
4-315. CERTIFICATION AND LICENSE REQUIRED. Any person presently working as or desiring to work as a master electrician, journeyman electrician or apprentice electrician shall provide certified proof of competency from a recognized testing agency in order to obtain a license to be issued by the City Clerk in accordance with this article. (Ord. 1491, Sec. 2, Code 2005)
4-316. SAME; APPROVAL OF LICENSE; ISSUANCE; TERM. The City Clerk shall examine all applications and documents and when all requirements have been met, shall endorse their approval thereon. The City Clerk shall issue the licenses authorized. All licenses issued shall be issued for a calendar year. (Code 1976, 5-3 10)
4-317. SAME; LICENSE FEES; RENEWAL. Applications for licensing and certification shall be made upon forms provided by the City Clerk, and the applicant shall disclose all information required to determine approval. The Governing Body will establish the fees for the issuance of electrician license fees. (Code 2005).
4-318. ELECTRICAL CONTRACTOR’S INSURANCE REQUIRED. Before any license shall be issued to any electrical contractor required by this article to obtain a license and pay a fee to the city, the electrical contractor shall provide written evidence and maintain a liability insurance policy in the amount of $100,000.00 single combined limit, bodily injury and personal property damage covering each occurrence or aggregate. If the applicant has in addition to an electrical contractor’s license a plumbing contractor’s license or a mechanical contractor’s license, the applicant shall have $100,000.00 insurance coverage for each license. (Ord. 1496, Code 1989)
4-319. LICENSE SUSPENSION; REVOCATION; APPEAL; UNLAWFUL ACTS.
(a) The license of any master electrician, journeyman electrician, apprentice electrician or electrical contractor may be suspended temporarily, for a period of not to exceed 30 days at any one time, by the building inspector. Notice shall be given in writing to such electrician or electrical contractor giving reasonable notice of a time of hearing of the complaint or the matter alleged against such master electrician, journeyman electrician, apprentice electrician or electrical contractor involving any one or more of the following:
(1) Misrepresentation of a material fact by applicant in obtaining a license;
(2) Use of license to obtain an electrical permit for another;
(3) Failure or neglect to observe conditions of permit authorizing encumbering of streets or sidewalks for safety of public;
(4) Performance of any electrical construction work without a permit where one is required by law; or
(5) Willful disregard of any violation of the electrical construction laws, or failure to comply with any lawful order of the city building inspector.
(b) Whenever the license of any person, firm or corporation has been suspended twice in any 12-month period, the Chief Building Official shall call a hearing to determine if such license should be revoked or reinstated.
(c) At any time any party shall feel aggrieved by a determination made by the building inspector, the party shall have the right to a hearing before the Chief Building Official. At any time any party shall feel aggrieved by any decision made by Chief Building Official, the party may appear to the Governing Body.
(d) It shall be unlawful to engage in the occupation or trade of electrician or electrical contractor during the time any license of such electrician or electrical contractor has been suspended or revoked. (Code 1976, 5-311; Code 1989)
4-320. WORK BY PROPERTY OWNERS. Nothing herein contained shall prohibit any property owner from personally performing any electrical construction or installing electrical wiring or equipment within and upon his or her own residence and intended for his or her personal use and permanent occupancy; provided, the owner shall satisfy the electrical inspector as to his or her ability to perform such work or install such electrical wiring, secure a permit, pay required fees, do work in accordance with this article, and apply for an inspection and receive a certificate of approval. Personal electrical construction or installation performed by an owner under this section shall be by himself or herself, for himself or herself on his or her own residence, without compensation, and no person shall be employed to assist him or her in any way on such work except an electrician or electrical contractor licensed by the city. (Code 1976, 5-3 12; Code 1989)
4-321. APPROVED MATERIALS. No electric materials for wiring of appliances or equipment shall be installed in the city unless they are in conformity with the provisions of this article and with the approved standards of construction for safety to life and property. Conformity of materials for wiring appliances and equipment to the standards of the Underwriters Laboratories, Inc. shall be prima facie evidence that the materials, devices, appliances and equipment comply with the requirements of this article. (Code 1989)
4-322. LIABILITY. This article shall not be construed to relieve from or lessen the responsibility or liability of any party owning, operating, controlling or installing any electrical equipment for damages to persons or property caused by any defect therein, nor shall the city be held as assuming any such liability, by reason of the inspection or reinspection authorized herein, or the certificate of approval of any work or equipment authorized herein or by reason of any permit or license granted herein. (Code 1976, 5-326; Code 1989)
4-323. SEVERABILITY. If any section of the 2002 ICC Electrical Code or of this article shall be held unconstitutional or otherwise invalid by any court of competent jurisdiction, then such section shall be considered separate and apart from the remaining provisions of the 2002 ICC Electrical Code or of this article, the section is to be completely severable from the remaining provisions which shall continue in full force and effect. (Code 1989)
ARTICLE 4. PLUMBING AND GAS-FITTING CODE
4-401. DEFINITION OF PLUMBING. The term “plumbing” as used in this article shall be construed to mean the installation of gas or water pipes, fixtures, apparatus and the necessary connections either for supplying gas or water to premises or for the removing of liquid and water-borne wastes from premises in the city, or both such purposes, and shall also denote installed fixtures, drainage and vent systems and gas or water distribution systems as the case may be. (Code 1989)
4-402. INTERNATIONAL PLUMBING CODE INCORPORATED. That a certain document, three (3) copies of which are on file in the office of the City Clerk of the City of Lyons, Kansas, being marked and designated as the International Plumbing Code, 2012 edition, as published by the Code Council, be and is hereby adopted as the Plumbing Code of the City of Lyons, Kansas regulating and governing the design, construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement, addition to, use or maintenance of plumbing systems as herein provided; and each and all of the regulations, provisions, penalties, conditions, and terms of said Plumbing Code on file in the office of the City Clerk are hereby referred to, adopted, and made a part hereof with the insertions, deletions and changes:
Section 101.1. Insert: The City of Lyons, Kansas
Section 106.6.2. Deleted
Section 106.6.3. Deleted
Section 108.4. Insert: City Code, $1,000.00, Six Months
Section 108.5. Insert: $500.00, $1,000.00
Section 305.4.1. Insert: 30 inches, 30 inches
Section 903.1. Insert: 18 inches (Ordinance 1669) (Ordinance 1875)
4-403. PLUMBING PERMIT REQUIRED.
(a) It shall be unlawfully to install, alter or reconstruct any plumbing or plumbing system, as defined by the 2003 International Plumbing Code and Section 4-401, in any building in the City without first making application to and receiving a permit therefore from the City Clerk, after approval of the Chief Building Official or his or her authorized assistant.
The application for such permit shall be made and the permit obtained before any plumbing work is commenced.
(b) No permit shall be required for making minor repairs of any plumbing including repair of leaks in water pipes, traps or cocks, opening up stoppage in waste or supply pipe, traps or drains, replacing fixtures when waste pipes are not disturbed, or replacing frozen pipes inside the building, and like repair work not involving original installation or reconstruction period.
(c) The Governing Body will establish the fees for the issuance of plumbing permits. (Ordinance 1669) (Ordinance )
4-404. SAME; APPLICATION INFORMATION REQUIRED.
(a) A plumbing permit shall be issued upon an application in writing to the office of City Clerk on a form or forms provided for the purpose. This application shall, among other things, disclose the following:
(1) The name of the owner of the lot or tract of ground;
(2) The location of the building or structure;
(3) The plumbing work proposed;
(4) The class of occupancy;
(5) The class of construction;
(6) The kind of materials to be used;
(7) The date work will commence;
(8) Expected date of completion;
(9) Name and address of plumber, plumbing contractor or contractors doing the work;
(10) Such other information as may be pertinent to the issuance of the required permit.
(b) An application for a plumbing permit shall be signed by the owner or his or her duly authorized agent, or a plumber or plumbing contractor licensed by the city. If the application is made by the owner or his or her agent, it shall contain the name or names of the licensed plumber, plumbing contractor or contractors doing the work described, or a plumbing permit may be issued to the owner upon his or her application disclosing satisfactory evidence that the proposed work will be performed by the owner, himself or herself and not by a licensed plumber or plumbing contractor, and likewise subject to the final approval of the plumbing inspector for work performed.
(c) Upon approval of the completed application and a determination that a permit should be issued, the chief building official or his or her assistant shall issue a permit to the owner or contractor authorizing the plumbing work covered by the application. No work other than that authorized in a permit issued pursuant to this article shall be done, and additional work not covered by the permit shall require another permit.
(d) All permits required by this article shall be issued for a period of not exceeding one year from date of issuance. Work must be started within six months of the date of issuance or the permit shall become null and void. Permits issued for less than one year may be extended at no additional cost to the maximum total period of one year upon request for an extension. When the construction is of the nature and/or size to require longer than one year for construction, the building inspector may extend the permit beyond the one-year limit. (Code 1976, 5-414:416; Code 1989)
4-405. SAME; PLANS AND SPECIFICATIONS. Whenever an application for a plumbing permit is made, the chief building official or the plumbing inspector may, if he or she finds it necessary to determine whether work described in the application will comply with the laws pertaining to such work, require that the applicant file a written description or drawing of the proposed plumbing construction as may be prepared for the purpose. If such drawing or description is insufficient for the purposes of determining whether a permit should be issued, the chief building official or the plumbing inspector may require the applicant to file complete architectural and engineering plans and specifications for such building or construction, or any part thereof, as may be necessary for the inspector to determine compliance with this article. The filing of such plans and specifications and the approval thereof in connection with an application for a permit shall not in any way affect the authority of the city to deny or issue a permit, or to inspect any plumbing work for conformity with this article. (Code 1989)
4-406. SAME; POSTING. A copy of the plumbing permit shall be kept on the premises for public inspection during the performance of the work and until the completion of the same. The plumbing inspector may require a certified copy of the approved plans to be kept on the premises at all times from the commencement of the work to the completion thereof. (Code 1989)
4-407. REQUEST FOR INSPECTION. Upon the completion of any plumbing work covered by this article, it shall be the duty of the person doing such work to notify the plumbing inspector and request that it be inspected; after which such work shall be inspected promptly as hereinafter provided. (Code 1976, 5-4 19; Code 1989)
4-408. INSPECTION; CONCEALMENT OF PRIOR WORK.
(a) When any plumbing is to be hidden from view by the permanent placement of parts of the building, the person, firm or corporation installing the plumbing shall notify the plumbing inspector and such equipment shall not be concealed until it has been inspected, approved or authorized by the plumbing inspector or until 24 hours, exclusive of Saturdays, Sundays and holidays, shall have elapsed from the time of such notification. On large installations, where the concealment of plumbing proceeds continuously, the person, firm or corporation installing the plumbing shall give the plumbing inspector due notice and inspections shall be made periodically during the progress of the work.
(b) The plumbing inspector shall have the authority to require owners or contractors to open such work which, in any manner, conceals plumbing that has been closed without his or her knowledge or permission, and in no case shall the inspector issue a certificate of approval until satisfied that the work is in accordance with the provisions of this article. The inspector shall also have the right to refuse to issue a certificate of approval on any plumbing, that is concealed in such manner that it cannot be fully determined that it has been done in accordance with this article. (Code 1976, 5-418,5-422; Code 1989)
4-409. CERTIFICATE OF APPROVAL.
(a) When the plumbing inspector finds plumbing construction to be in conformity with the provisions of this article, he or she shall issue to the person, firm, or corporation performing the plumbing construction, a certificate of approval, with duplicate copy for delivery to the owner, authorizing the use of the plumbing system and connection to the supply of gas or water, as the case may be.
(b) When a certificate of approval is issued authorizing the connection and use of a temporary gas or water supply, the certificate shall expire at a time to be stated therein and shall be revocable for cause by the plumbing inspector.
(c) In no case shall certificates of approval be issued on plumbing or plumbing systems or parts of systems where the work installed does not conform to the requirements of this article.
(d) If, upon inspection, the plumbing or plumbing system is not found to be fully in conformity with the provisions of this article, the plumbing inspector shall immediately notify the person, firm, or corporation making the installation of the existing defects.
(e) No certificate of approval shall be issued unless the plumbing or plumbing system has been installed in strict conformity with the provisions of this article and unless the plumbing or plumbing system is made in compliance with nationally approved methods of construction for safety to life and property as herein set forth.
(f) The plumbing inspector shall be deemed the judge of whether the plumbing or plumbing system has been made in accordance with the requirements of this article.
(g) No certificate of approval shall be required for making minor repairs of any plumbing including repair of leaks in water pipes, traps or cocks, opening up stoppage in waste or supply pipes, traps or drains, replacing fixtures when waste pipes are not disturbed, or replacing frozen pipes inside the building, and like repair work not involving original installation or reconstruction. (Code 1976, 5—420; Code 1989)
4-410. CONNECTION TO GAS OR WATER SUPPLY. It shall be unlawful for any person, firm, or corporation to make connection to a supply of gas or water for which an inspection is required, or which has been disconnected by the order of the plumbing inspector, until a certificate of approval has been issued by the plumbing inspector authorizing the connection and use of such plumbing or plumbing system. The plumbing inspector may, at his or her discretion, authorize a temporary connection. (Code 1976, 5-42 1; Code 1989)
4-411. REINSPECTION. The plumbing inspector shall periodically reinspect existing installations of plumbing facilities. When the installation of any conductors or equipment is found to be in a dangerous or unsafe condition, the person, firm, or corporation owning, using or operating the installation shall be notified in writing and shall make the necessary repairs or changes required to place the plumbing facilities in safe condition and have the work completed within the period specified by the plumbing inspector. (Code 1976, 5-423; Code 1989)
4-412. CONDEMNATION; APPEAL.
(a) If in the judgment of the plumbing inspector, after inspection, the plumbing or plumbing system in any building are unsafe or dangerous to persons or property, the inspector shall have the power to cause the plumbing or plumbing system to be disconnected from the supply of gas or water and may, at his or her discretion, seal the control valves for the same in a closed or disconnected position, whereupon he or she shall give notice to the owner, or his or her agent, or by posting such notice at the site and shall also notify the utilities serving the premises. Thereafter, it shall be unlawful for any person to cause or permit gas or water to be supplied to the plumbing or plumbing system so sealed until they shall have been made safe and the inspector shall have issued a certificate of approval to that effect.
(b) When the plumbing inspector condemns all or part of any plumbing system, the owner may, within 10 days after receiving written notice thereof, file a petition in writing for review of the action of the plumbing inspector by the Chief Building Official, upon the receipt of which the Chief Building Official shall at once proceed to determine the facts, and within 10 days from receiving the petition make a decision in accordance with his or her findings. (Code 1989)
4-413. PLUMBERS; DEFINED.
(a) Master Plumber. A person who is qualified to work at the occupation of plumbing, one who shall be capable of a complete understanding of the trade in preparing layouts of and understanding specification data, and being capable and morally and financially responsible to perform and complete any work conforming to regulations of the plumbing code.
(b) Journeyman Plumber. A person who is qualified to work at the occupation of plumbing for and under the direction of a master plumber and shall be classified as one who is capable of properly performing the installation and related items of his or her craft as directed by a master plumber in charge of such work.
(c) Apprentice Plumber. A person who is certified to work with master plumbers or journeyman plumbers for the purpose of learning the occupation of plumbing, and only in the presence of a master plumber or journeyman plumber. Not more than two apprentices shall work under the direction of a master plumber or journeyman plumber.
(d) Plumbing Contractor. A person, partnership or corporation who engages in the business of plumbing. (Ord. 1492, Sec. 3)
4-414. CERTIFICATION AND LICENSE REQUIRED. Any person presently working as or desiring to work as a master plumber, journeyman plumber or apprentice plumber as herein defined shall provide certified proof of competency from a recognized testing agency in order to obtain a license to be issued by the City Clerk in accordance with this article. (Ord. 1492, Sec. 3)
4-415. SAME; APPROVAL OF LICENSE; ISSUANCE; TERM. The City Clerk shall examine all applications and documents and when all requirements have been met, shall endorse their approval thereon. The City Clerk shall issue the licenses authorized. All licenses issued shall be issued for a calendar year. (Code 1976, 5-410)
4-416. SAME; LICENSE FEES; RENEWAL. Applications for licensing and certification shall be made upon forms provided by the City Clerk, and the applicant shall disclose all information required to determine approval. The Governing Body will establish the fees for the issuance of electrician license fees. (Ordinance 1669)
4-417. PLUMBING CONTRACTOR’S INSURANCE. Before any license shall be issued to any plumbing contractor required by this article to obtain a license and pay a fee to the city, the plumbing contractor shall provide written evidence and maintain a liability insurance policy in the amount of $100,000.00 single combined limit, bodily injury and personal property damage covering each occurrence or aggregate. If the applicant has in addition to a plumbing contractor’s license an electrical contractor’s license or a mechanical contractor’s license, the applicant shall have $100,000.00 insurance coverage for each license. (Ord. 1497, Code 1989)
4-418. LICENSE SUSPENSION; REVOCATION; APPEAL; UNLAWFUL ACTS.
(a) The license of any master plumber, journeyman plumber, apprentice plumber or plumbing contractor may be suspended temporarily, for a period of not to exceed 30 days at any one time, by the plumbing inspector. Notice shall be given in writing to such plumber or plumbing contractor giving reasonable notice of a time of hearing of the complaint or the matter alleged
against such master plumber, journeyman plumber, apprentice plumber or plumbing contractor involving any one or more of the following:
(1) Misrepresentation of a material fact by applicant in obtaining a license;
(2) Use of license to obtain a plumbing permit for another;
(3) Failure or neglect to observe conditions of a permit authorizing encumbering of streets or sidewalks for safety of public;
(4) Performance of any plumbing work without a permit where one is required by law; or
(5) Willful disregard of any violation of the plumbing laws, or failure to comply with any lawful order of the city plumbing inspector.
(b) Whenever the license of any person, firm or corporation has been suspended twice in any 12-month period, the Chief Building Official shall call a hearing to determine if such license should be revoked or reinstated. At any time any party shall feel aggrieved by a determination made by the plumbing inspector, the party shall have the right to a hearing before the Chief Building Official. At any time any party shall feel aggrieved by any decision made by the Chief Building Official, the party may appeal to the Governing Body.
(c) It shall be unlawful to engage in the occupation or trade of plumber or plumbing contractor during the time any license of such plumber or plumbing contractor has been suspended or revoked. (Code 1976, 5-4 11; Code 1989)
4-419. EXCAVATIONS. When it appears that the laying or repairing of any water or sewer pipes or the making of any connection therewith shall require excavation in any street, alley or public way of the city or the cutting or removal of any pavement, curb or gutter or any sidewalk, during the course of such work, the application for a permit shall so state and describe the location and extent of the excavation, cutting or removal. Before the City Clerk shall issue any permit for such work, the applicant shall pay any fee required by this code. All excavations shall be barricaded and guarded as provided by the appropriate sections of this code. Before any such excavation shall be backfilled, new plumbing work therein shall be inspected and the bottom of the excavation holding any sewer, drain or water pipe shall be so filled, leveled and tamped as to properly support the pipe and permit proper drainage when carrying sewage, and the excavation shall be backfilled and all paving, curbing, guttering or sidewalks shall be restored as near as possible to their last condition, subject always to the approval of the plumbing inspector and the superintendent of streets. Excavators are required to contact One Call. (Code 2005)
4-420. WORK BY PROPERTY OWNERS. Nothing herein contained shall prohibit any property owner from personally installing plumbing piping or equipment within and upon his or her own residence and intended for his or her personal use and permanent occupancy; provided, the owner shall satisfy the plumbing inspector as to his or her ability to install such piping or equipment, secure a permit, pay required fees, do work in accordance with this article, and apply for an inspection and receive approval. Personal installation by an owner under this section shall be by himself or herself, for himself or herself on his or her own residence, without compensation and no person shall be employed to assist him or her in any way on such work except a plumber or plumbing contractor licensed by the city. (Code 1976, 5-412; Code 1989)
4-421. APPROVED MATERIALS. No plumbing materials, appliances or equipment shall be installed in the city unless they are in conformity with the provisions of this article and with the approved standards of construction for safety to life and property. Conformity of materials for plumbing materials, appliances and equipment to the standards of the Underwriters Laboratories, Inc. shall be prima facie evidence that the materials, devices, appliances and equipment comply with the requirements of this article. (Code 1989)
4-422. LIABILITY. This article shall not be construed to relieve from or lessen the responsibility or liability of any party owning, operating, controlling or performing any plumbing construction for damages to persons or property caused by any defect therein, nor shall the city be held as assuming any such liability, by reason of the inspection or reinspection authorized herein, or the certificate of approval of any work or equipment authorized herein or by reason of any permit or license granted herein. (Code 1976, 5-426; Code 1989)
4-423. SEVERABILITY. If any section of the International Plumbing Code or of this article shall be held unconstitutional or otherwise invalid by any court of competent jurisdiction, then such section shall be considered separate and apart from the remaining provisions of the International Plumbing Code or of this article, the section is to be completely severable from the remaining provisions which shall continue in full force and effect. (Code 1989)
ARTICLE 5. MECHANICAL CODE
4-501. INTERNATIONAL MECHANICAL CODE. That a certain document, three (3) of which are on file in the office of the City Clerk of the City of Lyons, Kansas, being marked and designated as the International Mechanical Code, 2012 edition, as published by the Code Council, be and is hereby adopted as the Mechanical Code of the City of Lyons, Kansas, regulating and governing the design, construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement, addition to, use or maintenance of mechanical systems as herein provided; providing for the issuance of permits and collection of fees therefore; and each and all of the regulations, provisions, penalties, conditions and terms of said Mechanical Code on file in the office of the City Clerk of the City of Lyons, Kansas are hereby referred to, adopted, and made a part hereof, as if fully set out in this ordinance, with the additions, insertions, deletions and changes:
Section 101.1. Insert: The City of Lyons, Kansas
Section 106.5.2. Deleted
Section 106.5.3. Deleted
Section 108.4. City Code, $1,000.00, Six Months
Section 108.5. Insert: $500.00, $1,000.00
(Code 2005) (Ordinance 1874)
4-502. ADDITIONAL PROVISIONS. All central air conditioning compressor units installed in residential areas shall be placed to the rear of the dwelling. All air conditioning compressor units shall be placed in such a manner as to cause a minimum of noise and disturbance to adjoining property owners or occupants. (Ord. 1493, Sec. 2)
4-503. MECHANIC’S DEFINED.
(a) Master Mechanic. A person who is qualified and certified to work at the occupation of installing and repairing heating, ventilating, cooling and refrigeration systems, one who shall be capable of a complete understanding of the trade in preparing layouts of and understanding specification data, and being capable and morally and financially responsible to perform and complete any work conforming to regulations of the mechanical code.
(b) Journeyman Mechanic. A person who is qualified to work at the occupation of installing and repairing heating, ventilating, cooling and refrigeration systems for and under the direction of a master mechanic and shall be classified as one who is capable of properly performing the installation and related items of his or her craft as directed by a master mechanic in charge of such work.
(c) Apprentice Mechanic. A person who is certified to work with master mechanics or journeyman mechanics for the purpose of learning the occupation of installing and repairing heating, ventilating, cooling and refrigeration systems and only in the presence of a master mechanic or journeyman mechanic. Not more than two apprentices shall work under the direction of a master mechanic or journeyman mechanic.
(d) Mechanical Contractor. A person, partnership or corporation who engages in the business of mechanical contracting. (Ord. 1493, Sec. 6)
4-504. CERTIFICATE AND LICENSE REQUIRED. Any person presently working or desiring to work as a master mechanic, journeyman mechanic, or apprentice mechanic shall provide certified proof of competency from a recognized testing agency in order to obtain a license to be issued by the City Clerk in accordance with this article (Code 2005)
4-505. LICENSE FEES; RENEWAL. Applications for licensing and certification shall be made upon forms provided by the City Clerk, and the applicant shall disclose all information required to determine approval. The Governing Body will establish the fees for the issuance of electrician license fees. (Code 2005)
4-506. MECHANICAL CONTRACTOR’S INSURANCE. Before any license shall be issued to any mechanical contractor required by this article to obtain a license and pay a fee to the city, the mechanical contractor shall provide written evidence and maintain a liability insurance policy in the amount of $100,000.00 single combined limit, bodily injury and personal property damage covering each occurrence or aggregate. If the applicant has in addition to a mechanical contractor’s license an electrical contractor’s license or a plumbing contractor’s license, the applicant shall have $100,000.00 insurance coverage for each license. (Ord. 1495; Code 1989)
4-507. SUSPENSION OF LICENSES; APPEALS.
(a) The building inspector may suspend, the license of any master mechanic, journeyman mechanic, apprentice mechanic or mechanical contractor for a period of not to exceed 30 days for disregard of or violation of the provisions of this article or failure to comply with any lawful order of the building official. Whenever the license of any person, firm or corporation has been suspended twice in any 12-month period, the Chief Building Official shall call a hearing to determine if such license should be revoked or reinstated.
(b) At any time any party shall feel aggrieved by a determination made by the building inspector, the party shall have the right to a hearing before the Chief Building Official. At any time any party shall feel aggrieved by any decision made by the Chief Building Official, the party may appeal to the Governing Body. (Code 2005)
4-508. WORK BY PROPERTY OWNER. The licenses required of mechanics shall not apply to mechanical work done on a dwelling house and accessory building by the owner and occupant thereof. (Ord. 1493, Sec. 11)
4-509. MECHANICAL PERMIT REQUIRED. No building or other structure shall have mechanical equipment installed or equipped and no alterations or additions shall be made to the existing mechanical equipment of any such building or structure unless a mechanical permit therefore is first obtained pursuant to this article. The Governing Body will establish the fees for the issuance of mechanical permits. (Code 2005)
4-510. SAME; ISSUANCE; AUTHORIZED PERSONS. A permit shall be issued by the City Clerk only to a licensed mechanical contractor or to the owner of premises to do his or her own work. The permit shall contain all information pertaining to the work to be completed, the property owner of record, the tenant, the address where such work is to be done, and the name of the permitted. (Ord. 1493, Sec. 13)
4-511. SAME; SCOPE OF PERMIT. No work other than that authorized in a permit issued pursuant to this article shall be done. Additional work not covered by the permit shall require another permit. (Ord. 1493, Sec. 14)
4-512. SAME; TERM; EXTENSIONS. All permits shall be issued for a period of not more than one year from date of issuance: provided, that such work must be started within six months of the date of issuance or the permit shall become null and void. Permits issued for less than one year may be extended at no additional cost to the maximum total period of one year upon request for an extension. When the construction is of the nature and/or size to require longer than one year for construction, the building official may extend the permit beyond the one-year limit. (Ord. 1493, Sec. 15)
4-513. RIGHT OF ENTRY. The building official or his or her authorized representative shall have the right to enter any building or premises during reasonable hours to inspect any and all buildings and premises in the performance of his or her duties. (Ord. 1493, Sec. 16; Code 1989)
4-514. REQUEST FOR INSPECTION. Before any mechanical work is concealed from view during the course of construction or work for which a permit is required the person doing the work shall notify the building official that such work is ready for inspection. The official shall inspect the work and if any defects or faults exist therein, the work shall be corrected before the work is concealed. (Ord. 1493, Sec. 18)
4-515. INSPECTIONS GENERALLY. The building inspector shall make as many inspections during the progress of work pursuant to a permit issued under this article as may be necessary to enforce the provisions of this article. Inspections will be completed within 24 hours after the request for inspection is received, Saturdays, Sundays and holidays excluded. Upon inspections by the building inspector, an inspection tag shall be affixed to the work by the building inspector indicating approval or disapproval. If the work is disapproved, the necessary corrections to be made shall be indicated in writing on the inspection tag by the building inspector. (Ord. 1493, Sec. 17)
4-516. CERTIFICATE OF APPROVAL. Upon completion of the work performed under a permit issued pursuant to this article, the building inspector shall make a final inspection thereof and if the work is approved, shall affix thereto a certificate of approval and compliance with this article. The person holding the permit shall call the building inspector on or before the estimated completion date of the work and request the final inspection. (Ord. 1493, Sec. 19)
4-517. CONNECTION OF MECHANICAL EQUIPMENT PRIOR TO INSPECTION.
It shall be unlawful for any person to make a connection for and use any mechanical equipment for which a permit is required until the certificate of inspection has been issued by the building inspector. The building inspector may authorize temporary connections for the purpose of testing any work for other reasons requiring connection when the same shall not be hazardous to life or property. (Ord. 1493, Sec. 20)
4-518. CONDEMNATION AND CORRECTION OF DEFECTIVE WORK.
(a) The building inspector shall have the right and authority to condemn and cause to be removed any lath, plaster or other construction, which may interfere with the inspection of any mechanical work in conformity with the provisions of this article.
(b) In case any mechanical work commenced or completed under a permit does not comply with this article, it shall be corrected or completed in accordance with all applicable provisions hereof by the holder of the permit. On failure to make necessary changes within a time specified by the building inspector, not to exceed four working days such person may be denied permits for other mechanical work until the corrections and changes are made and approved. (Ord. 1493, Sec. 21)
4-519. LIABILITY. This article shall not be construed to relieve from liability or to lessen the liability of any person owning, controlling or installing mechanical systems, equipment or devices, nor shall the city be held as assuming any liability of any nature by reason of the inspections authorized herein, or the permits, licenses or certificates authorized herein. (Ord. 1493, Sec. 24)
ARTICLE 6. MOVING BUILDINGS
4-601. BUILDING OFFICIAL; AUTHORITY. The City Administrator or his or her authorized designee shall be responsible for the administration and enforcement of this article and appointment of an inspector in accordance with sections 4-204:209 of this chapter, which apply in a like manner to this article. (Code 1989)
4-602. PERMIT REQUIRED. No person, firm or corporation shall move, haul, or transport any house, building, derrick, or other structure of the height when loaded for movement of 16 feet or more from the surface of the highway, road, street or alley, or a width of 15 feet or more or which cannot be moved at a speed of four miles per hour or faster, upon, across or over any street, alley or sidewalk in this city without first obtaining a permit therefore. (Code 1976, 5-701, 16-405; Code 1989)
4-603. SAME: APPLICATION FOR PERMIT. All applications for permits required under the provisions of this article shall be made in writing to the City Clerk specifying the day and hour said moving is to commence and the route through the city’s streets over which the house, building, derrick or other structure shall be moved and stating whether it will be necessary to cut and move, raise, or in any way interfere with any wires, cables or other aerial equipment of any public or municipally-owned utility, and if so, the application shall also state the name of the public or municipally-owned utility, and the time and location that the applicant’s moving operations shall necessitate the cutting, moving, raising or otherwise interfering with such aerial facilities. The application shall be made no fewer than three full business days before the moving is to commence. The applicant is responsible for coordinating and obtaining all approvals with publicly owned utilities prior to the moving. (Code 2005)
4-604. SAME; INSURANCE REQUIRED. It shall be the duty of any person at the time of making application for a permit as provided in this article to give written evidence of public liability insurance policy issued by an insurance company authorized to do business in the State of Kansas, in the amount of $100,000.00 per person, $300,000.00 per accident as to personal injury, and $50,000.00 property damage. (Code 1976, 5-708; Code 1989)
4-605. SAME; FEE. Before any permit to move any house or structure is given under the provisions of this article, the applicant shall pay a fee of $40.00 to the City Clerk; plus the additional cost for the time for any city crews involved in such moving. (Code 2005)
4-606. ROUTE; DUTIES OF BUILDING OFFICIAL. The City Clerk shall, upon filing of the above application, refer the same to the Superintendent of Utilities and Chief of Police or their authorized designees to check the proposed route and determine if it is practical to move such house or other structure over the route proposed. If it shall appear that such route is not practical and another route may be used equally well with less danger to street and travel, then he or she may designate such other route as the one to be used and shall notify the applicant of the same. The Superintendent of Utilities may also require the planking of any street, bridge or culvert or any part thereof to prevent damage thereto. It shall also be the duty of the chief building official or his or her authorized designee to inspect the progress of moving any house or other structure to see that the same is being moved in accordance with the provisions of this article. (Code 1976, 5-706; Code 1989)
4-607. NOTICE TO OWNERS.
(a) Upon issuance of a moving permit the applicant shall give not less than 15 days written notice to any person owning or operating any wires, cables or other aerial equipment along the proposed route of the intent to move the structure, giving the time and location that the applicants moving operation shall necessitate the cutting, moving, raising or interfering of any wires, cables or other aerial equipment.
(b) The notice provision of subsection (a) shall not apply where the person owning or operating any wires, cables or other aerial equipment has waived their right to advance notice.
(c) Should the moving operation be delayed, the applicant shall give the owner or his or her agent not less than 24 hours advance notice of the actual operation. (K.S.A. 17-1916; Code 1989)
4-608. DUTY OF OWNERS. It shall be the duty of the person or the city owning or operating such poles or wires after service of notice as provided herein, to furnish competent lineman or workmen to remove such poles, or raise or cut such wires as will be necessary to facilitate the moving of such house or structure. The necessary expense, which is incurred thereby, shall be paid by the holder of the moving permit. (Code 1976, 5-704; Code 1989)
4-609. INTERFERING WITH POLES; WIRES. No person engaged in moving any house or other structure shall raise, cut or in any way interfere with any such poles or wires unless the persons or authorities owning or having control of the same shall refuse to do so after having been notified as provided in section 4-607, and then only competent and experienced workmen shall be employed in such work, and in such case the necessary and reasonable expense shall be paid by the owners of the poles and wires handled. The work shall be done in a careful and workmanlike manner, and the poles and wires shall be promptly replaced and the damages thereto properly repaired. (Code 1976, 5-705; Code 1989)
4-610. DISPLAY OF CAUTION LIGHTS. It shall be the duty of any person moving any of the structures mentioned in this article upon or across any street, alley or sidewalk or other public place, in this city, to display caution lights thereon in such a manner as to show the extreme height and width thereof from 30 minutes after sunset to 30 minutes before sunrise. (Code 1976, 5-707; Code 1989)
ARTICLE 7. DANGEROUS AND UNFIT STRUCTURES
701. PURPOSE. The governing body has found that there exist within the corporate limits of the city structures which are unfit for human use or habitation because of dilapidation, defects increasing the hazards of fire or accidents, structural defects or other conditions which render such structures unsafe, unsanitary or otherwise inimical to the general welfare of the city, or conditions which provide a general blight upon the neighborhood or surrounding properties. It is hereby deemed necessary by the governing body to require or cause the repair, closing or demolition or removal of such structures as provided in this article. (K.S.A. 12-1751; Code 1989)
4-702. DEFINITIONS. For the purpose of this article, the following words and terms shall have the following meanings:
(a) Structure shall include any building, wall, superstructure or other structure, which requires location on the ground, or is attached to something having a location on the ground.
(b) Public Officer means the City Administrator or his or her authorized representative. (K.S.A. 12-1750; Code 1989)
4-703. PUBLIC OFFICER; DUTIES. The public officer is hereby authorized to exercise such powers as may be necessary to carry out the purposes of this article, including the following:
(a) Inspect any structure, which appears to be unsafe, dangerous or unfit for human habitation;
(b) Have authority to enter upon premises at reasonable hours for the purpose of making such inspections. Entry shall be made so as to cause the least possible inconvenience to any person in possession of the structure. If entry is denied, the public officer may seek an order for this purpose from a court of competent jurisdiction;
(c) Report all structures that he or she believes to be dangerous, unsafe or unfit for human habitation to the governing body;
(d) Receive petitions as provided in this article. (Code 1989)
4-704. PROCEDURE; PETITION. Whenever a petition is filed with the public officer by at least five residents charging that any structure is dangerous, unsafe or unfit for human habitation, or whenever it appears to the public officer on his or her own motion that any structure is dangerous, unsafe or unfit for human habitation, he or she shall, if his or her preliminary investigation discloses a basis for such charges, report such findings to the governing body. (Code 1989)
4-705. SAME; NOTICE. The governing body upon receiving a report as provided in section 4-704 shall by resolution fix a time and place at which the owner, the owner’s agent, any holder of records and any occupant of the structure may appear and show cause why the structure should not be condemned and ordered repaired or demolished. (K.S.A. 12-1752; Code 1989)
4-706. SAME; PUBLICATION.
(a) The resolution shall be published once each week for two consecutive weeks on the same day of each week. At least 30 days shall elapse between the last publication and the date set for the hearing.
(b) A copy of the resolution shall be mailed by certified mail within three days after its first publication to each owner, agent, lienholder and occupant at the last known place of residence and shall be marked “deliver to addressee only.”
(K.S.A. 12-1752; Code 1989)
4-707. SAME; HEARING, ORDER. If, after notice and hearing, the governing body determines that the structure under consideration is dangerous, unsafe or unfit for human use or habitation, it shall state in writing its findings of fact in support of such determination and shall cause the resolution to be published once in the official city newspaper and a copy mailed to the owners, agents, lienholders of record and occupants in the same manner provided for notice of hearing. The resolution shall fix a reasonable time within which the repair or removal of such structure shall commended and a statement that if the owner of such structure fails to commence the repair or removal of such structure within the time stated or fails to diligently prosecute the same until the work is completed, the Governing Body will cause the structure to be razed and removed.
4-708. DUTY OF OWNER. Whenever any structure within the city shall be found to be dangerous, unsafe or unfit for human use or habitation, it shall be the duty and obligation of the owner of the property to render the same secure and safe or to remove the same. (Code 1989)
709. SAME; FAILURE TO COMPLY.
(a) If, within the time specified in the order, the owner fails to comply with the order to repair, alter, improve or vacate the structure, the public officer may cause the structure to be repaired, altered, improved, or to be vacated and closed.
(b) If, within the time specified in the order, the owner fails to comply with the order to remove or demolish the structure, the public officer may cause the structure to be removed and demolished.
(Code 1989)
4-710. SAME; MAKE SITE SAFE. Upon removal of any structure, the owner shall fill any basement or other excavation located upon the premises and takes any other action necessary to leave the premises in a safe condition. If the owner fails to take such action, the public officer may proceed to make the site safe. (Code 1989)
710. ASSESSMENT OF COSTS.
(a) The cost to the city of any repairs, alterations, improvements, vacating, removal or demolition by the public officer, including making the site safe, shall be reported to the city clerk.
(b) The city shall give notice to the owner of the structure certified mail of the cost of removing the structure and making premises safe and secure. The notice shall also state that payment of cost is due and payable within 30 days following receipt of the notice.
(c) If the Costs remain unpaid after 30 days following receipt of notice, the city clerk may sell any salvage from the structure and apply the proceeds or any necessary portion thereof to pay the cost of removing the structure and making the site safe. Any proceeds in excess of that required to recover the costs shall he paid to the owner of the premises upon which the structure was located.
(d) If the proceeds of the sale of salvage or from the proceeds of any insurance policy in which the city has created a lien pursuant to K.S.A. 40-3901 et seq., and amendments thereto, are insufficient to recover the above states costs, or if there is no salvage, the balance shall be collected in the manner provided by K.S.A. 12-1 115, and amendments thereto, or it shall be assessed as special assessments against the lot or parcel of land on which the structure was located and the city clerk, at the time of certifying other city taxes, shall certify the unpaid portion of the costs to the county clerk who shall extend the same on the tax roll of the county against such lot or parcel of land and it shall be collected by the county treasurer and paid to the city as other taxes are collected and paid. The city may pursue collection both by levying a special assessment and in the manner provided by K.S.A. 12-1, 115, and amendments thereto, but only until the full costs and applicable interest has been paid in full.
(K.S.A. 12-1755; Code 1989)
4-712. IMMEDIATE HAZARD. When in the opinion of the governing body any structure is in such condition as to constitute an immediate hazard requiring immediate action to protect the public, the governing body may direct the public officer to erect barricades or cause the property to be vacated, taken down, repaired, shored or otherwise made safe without delay. Such action may be taken without prior notice to or hearing of the owners, agents, lienholders and occupants. The cost of any action under this section shall be assessed against the property as provided in section 4-711. (K.S.A. 12-1756; Code 1989)
4-713. APPEALS FROM ORDER. Any person affected by an order issued by the governing body under this article may, within 30 days following service of the order, petition the district court of the county in which the structure is located for an injunction restraining the public officer from carrying out the provisions of the order pending final disposition of the case. (Code 1989)
4-714. SCOPE OF ARTICLE. Nothing in this article shall be construed to abrogate or impair the powers of the courts or of any department of the city to enforce any provisions of its charter or its ordinances or regulations, nor to prevent or punish violations thereof; and the powers conferred by this article shall be in addition to and supplemental to the powers conferred by the constitution, any other law or ordinance. Nothing in this article shall be construed to impair or limit in any way the power of the city to define and declare nuisances and to cause their removal or abatement by summary proceedings or otherwise or to exercise those powers granted specifically by K.S.A. 12-1750:1756f. (Code 1989)
ARTICLE 8. HOUSE AND BUILDING NUMBERING
4-801. HOUSE AND BUILDING NUMBERS; REQUIRED. Any person, firm or corporation owning, occupying or having control of any house or building fronting on any street shall number that house or building as provided in this article. (Code 1989)
4-802. NUMBERING METHOD. Beginning at the intersection of Main Street and East Avenue, each block lying north or south from such intersection and east and west of such intersection shall begin with an even hundred number. Houses on streets running north and south shall be numbered with even numbers on the east side of the streets and odd numbers on the west. Houses on streets running east and west shall be numbered with even numbers on the south side of the street, and odd numbers on the north side. In cases where streets or avenues do not intersect with Main Street, if running north and south, they shall, if lying north of Main Street commence to number at the south end of such street or avenue and if south of Main Street at the north end of such street or avenue, and if running east and west and west of East Avenue, shall commence numbers at the east end of such street, and if east of East Avenue at the west end of such street or avenue. (Code 1976, 16—501)
4-803. SIZE AND PLACE OF NUMBERS. House or building numbers shall each be at least two inches high and ½ inch wide and shall be legible and placed in a conspicuous place on each house or building. (Code 1976, 16-501; Code 1989)
4-804. EXCEPTION TO SYSTEM. The City Clerk is authorized to establish such exceptions to the numbering system as may be made necessary by the irregular routing of any street or avenue of the city. (Code 1976, 16-502)
4-805. DESIGNATING STREETS.
(a) All numbering of houses and places of businesses located on those portions of any street, or avenue extending north and south and being north of Main Street, shall be numbered according to the numbering plan and be known and designated as north; and all south of Main Street, shall be numbered according to the numbering plan and be known and designated as south.
b) All numbering of houses and places of businesses located on those portions of any street, or avenue extending east and west and being east of East Avenue, shall be numbered according to the numbering plan and be known and designated as east; and all west of East Avenue, shall be numbered according to the numbering plan and be known and designated as west. (Code 1976, 16-504; Code 1989)
805. STREET MARKERS. The City Administrator is hereby authorized and empowered to have a double marker placed at each street crossing in the city showing the names of street crossings and the same shall be placed in as near uniform height as possible with letters not less than 2.5 inches in length. (Code 1989)
ARTICLE 9. NATURAL GAS DAMAGE PREVENTION PROGRAM
4-901. DEFINITIONS. Excavation Activities shall mean excavation, blasting, boring, tunneling, backfilling, and the removal of above ground structures by either explosive or mechanical means and other earth moving operations. (Ord. 1480, Sec. 1)
4-902. OFFICE OF SUPERINTENDENT OF UTILITIES. The office of the Superintendent of Utilities shall mean the Superintendent of Utilities of the city and designated employees of the Utility Department of the city. (Ord. 1480, Sec. 7)
4-903. SAME; DUTIES. The office of the Superintendent of Utilities shall:
(a) Establish a plan and program for the enforcement of, and carrying out of the provisions of this article;
(b) Provide for marking of buried natural gas pipelines in the area of excavation activity as far as practical before the excavation begins;
(c) Inspect excavation activities as frequently as necessary during and after the activities to verify the integrity of the gas pipelines. In the case of blasting activities, the inspection will include leakage surveys eight hours before the blasting and immediately after blasting. (Ord. 1480, Sec. 3:4, 8)
4-904. SAME; NOTICE TO EXCAVATORS. The office of the Superintendent of Utilities shall take appropriate steps to identify on a current basis, persons who normally engage in excavation activities in areas where gas pipe lines are located, and take appropriate action to notify those persons of the existence and the purpose of the program and shall notify those persons how to learn the location of underground gas pipe lines before excavation activities are begun. (Ord. 1480, Sec. 5)
4-905. PERMIT REQUIRED; APPLICATION PROCEDURE.
(a) Any person, firm or corporation who anticipates excavation activities within the corporate limits shall, before excavation commences, obtain a permit for excavation from the office of the Superintendent of Utilities.
(b) Application for a permit shall be made not less than 72 hours prior to the commencement of the excavation.
(c) The application shall contain such information, as the Superintendent of Utilities shall request. (Ord. 1480, Sec. 2; Code 1989)
4-906. SAME; EMERGENCY EXCAVATIONS.
(a) The Superintendent of Utilities is authorized to allow emergency excavation without a formal permit and without the 72-hour notification required by section 4-1005. The person, firm, or corporation undertaking emergency excavation shall, prior to excavation, notify the office of the Superintendent of Utilities by telephone or personal communication, of the emergency and the need for emergency excavation.
(b) Emergency conditions shall include the rupturing or breaking of utility lines, the interruption of utility service and other emergency conditions deemed such in the discretion of the Superintendent of Utilities. (Ord. 1480, Sec. 2; Code 1989)
4-907. LIABILITY. This article shall not be construed to relieve from any liability or lessen the liability of any person performing any activity connected therewith, nor shall the city be held as assuming any liability with respect to the location of damage of, or disruption of service of any utility line or lines or other subsurface structures. (Ord. 1480, Sec. 9; Code 1989)
ARTICLE 10. HOUSING CODE
4-1001. UNIFORM HOUSING CODE ADOPTED That a certain document, three (3) copies of which are on file in the office of the City Clerk of the City of Lyons, Kansas, being marked and designated as the Uniform Housing Code 1997 Edition as published by the International Conference of Building Officials, 5360 Workman Mill Road, Whittier, California 90601-2298 be and hereby adopted as the Housing Code of the City of Lyons, Kansas regulating and governing the requirements affecting conservation and rehabilitation of housing in the City of Lyons, Kansas and all the regulations, provisions, penalties, conditions, and terms of said Uniform Housing Code on file in the office of the City Clerk of the City of Lyons, Kansas are hereby referred to, adopted and made a part hereof: Section 203.1 of the 1997 Uniform Housing Code is hereby amended to read as follows: Section 203.1- HOUSING ADVISORY AND APPEALS BOARD
203.1 General. In order to hear and decide appeals of orders, decisions or determinations made by the building official relative to the application and interpretations of this code, there shall be and is hereby created a housing advisory and appeals board consisting of the Governing Body of the City of Lyons, Kansas. Appeals to the board shall be processed in accordance with the provisions contained in Section 1201 of this code. Copies of all rules of procedure adopted by the board shall be delivered to the building official, who shall make them accessible to the public. (Code 2005)
4-1002. MOBILE HOME CODE ADOPTED. There is hereby incorporated by reference the “City of Lyons Mobile Home Code 1991 Edition” prepared and published by the City of Lyons, Kansas. No fewer than three (3) copes of said City of Lyons Mobile Home Code 1991 Edition shall be marked and stamped “official copy as adopted by Ordinance No. 1557 of the City of Lyons, Kansas” shall be filed in the office of the City Clerk and open for public inspection at all reasonable office hours. (Ordinance 1700)
4-1003. BUILDING OFFICIAL. The City Administrator or his or her authorized designee shall be responsible for the administration and enforcement of this article. (Code 1976, 5-502; Code 1989)
4-1004. CONFLICT. In the event any provision or provisions of this article are found to be in conflict with any provisions of this code, the provision or provisions that establish the higher standard for the promotion and protection of the health and safety of the citizens of Lyons, Kansas, shall prevail. (Code 1976, 5-503)
4-1005. SEVERABILITY. If any section of the Housing Code or this article shall be held to be unconstitutional or otherwise invalid by any court of competent jurisdiction, then such section shall be considered separately and apart from the remaining provisions of the Housing Code or this article, the section to be completely severable from the remaining provisions which shall continue in full force and effect. (Code 1976, 5-504; Code 1989)
ARTICLE 11. RESIDENTIAL CODE
11-101. INTERNATIONAL RESIDENTIAL CODE. That a certain document, three (3) of which are on file in the office of the City Clerk of the City of Lyons, Kansas, being marked and designated as the International Residential Code, 2012 edition, as published by the International Code Council, be and is hereby adopted as the Residential Code of the City of Lyons, Kansas regulating and governing the regulating and governing construction, alternation, movement, enlargement, replacement, repair, equipment, location, removal and demolition of detached one- and two-family dwellings and multiple single-family dwellings (townhouses) not more than three stories in height with separate means of egress; providing for the issuance of permits; and each and all of the regulations, provisions, penalties, conditions and terms of said Residential Code on file in the office of the City Clerk of the City of Lyons, Kansas are hereby referred to, adopted, and made a part hereof, as if fully set out in this ordinance, with the additions, insertions, deletions and changes, are hereby referred to, adopted, and made a part hereof with the insertions, deletions and changes:
Section R101.1. Insert: The City of Lyons, Kansas
(Ordinance 1876)
11-102. BUILDING OFFICIAL. The City Administrator or his or her authorized designee
shall be responsible for the administration and enforcement of this article.
(Ordinance 1876)
11-103. CONFLICT. In the event any provision or provisions of this article are found to be in conflict with any provisions of this code, the provision or provisions that establish the higher standard for the promotion and protection of the health and safety of the citizens of Lyons, Kansas, shall prevail. (Code 1976, 5-503) (Ordinance 1876)
11-104. SEVERABILITY. That if any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be unconstitutional, such decisions shall not affect the validity of the remaining portions of this ordinance. The Governing Body of the City of Lyons, Kansas hereby declares that it would have passed this ordinance, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. (Ordinance 1876)
CHAPTER V. BUSINESS REGULATIONS
Article 1. Solicitors, Canvassers, Peddlers
Article 2. Amusement Devices
Article 3. Scrap Metal Dealers
ARTICLE 1. SOLICITORS, CANVASSERS, PEDDLERS
5-101. DEFINITIONS. For the purpose of this article, the following words shall be considered to have the following meanings:
(a) Soliciting shall mean and include any one or more of the following activities:
(1) Seeking to obtain orders for the purchase of goods, wares, merchandise, foodstuffs, services, of any kind, character or description whatever, for any kind of consideration whatever; or
(2) Seeking to obtain prospective customers for application or purchase of insurance of any type, kind or character; or
(3) Seeking to obtain subscriptions to books, magazines, periodicals, newspapers and every other type or kind of publication.
(b) Residence shall mean and include every separate living unit occupied for residential purposes by one or more persons, contained within any type of building or structure.
(c) Canvasser or Solicitor shall mean any individual, whether resident of the city or not, whose business is mainly or principally carried on by traveling either by foot, automobile, motor truck, or any other type of conveyance, from place to place, from house to house, or from street to street, taking or attempting to take orders for sale of goods, wares and merchandise, personal property of any nature whatsoever for future delivery, or for services to be furnished or performed in the future, whether or not such individual has, carries, or exposes for sale a sample of the subject of such sale or whether he or she is collecting advance payments on such sales or not. Such definition shall include any person, who, for himself, herself or for another person, hires, leases, uses, or occupies any building, structure, tent, railroad boxcar, boat, hotel room, lodging house, apartment, shop or any other place within the city for the sole purpose of exhibiting samples and taking orders for future delivery.
(d) Peddler shall mean any person, whether a resident of the city or not, traveling by foot, automotive vehicle, or any other type of conveyance, from place to place, from house to house, or from street to street, carrying, conveying or transporting goods, wares, merchandise, meats, fish, vegetables, fruits, garden truck, farm products or provisions, offering and exposing the same for sale, or making sales and delivering articles to purchasers, or who, without traveling from place to place, shall sell or offer the same for sale from a wagon, automotive vehicle, railroad boxcar or other vehicle or conveyance, and further provided, that one who solicits orders and as a separate transaction makes deliveries to purchasers as a part of a scheme or design to evade the provisions of this article shall be deemed a peddler.
(e) Transient merchant, itinerant merchant or itinerant vendor are defined as any person, whether as owner, agent, consignee or employee, whether a resident of the city or not, who engages in a temporary business of selling and delivering goods, wares and merchandise within such city, and who, in furtherance of such purpose, hires, leases, uses or occupies any building, structure, motor vehicle, tent, railroad boxcar, or boat, public room in hotels, lodging houses, apartments, shops or any street, alley or other place within the city, for the exhibition and sale of such goods, wares and merchandise, either privately or at public auction. Such definition shall not be construed to include any person who, while occupying such temporary location, does not sell from stock, but exhibits samples only for the purpose of securing orders for future delivery only. The person so engaged shall not be relieved from complying with the provisions of this article merely by reason of associating temporarily with any local dealer, trader, merchant or auctioneer, or by conducting such transient business in connection with, as a part of, or in the name of any local dealer, trader, merchant or auctioneer.
(f) Street salesman shall mean any person engaged in any manner in selling merchandise of any kind from a vehicle or stand temporarily located on the public streets or sidewalks of this city. (Code 1989)
5-102. SOLICITATION. The practice of going in, about or upon the private residence of inhabitants of the city by canvassers or solicitors, peddlers, transient merchant, itinerant merchants and itinerant vendors of merchandises, and street salesman, not having been requested, solicited or invited to do so by the owner or owners, occupant or occupants of such private residences for the purpose of soliciting orders for the sale of goods, wares and merchandise and/or selling or disposing of the same, and/or peddling or hawking the same, or taking subscriptions to magazines, papers, books, or other publications or periodicals, is declared to be unlawful and a violation of this code. (Code 1976, 9-30 1; Code 1989/Ordinance 1782)
5-103. License Fees for carnivals, peddlers, solicitors, canvassers, transient merchant, itinerant
merchants and itinerant vendors and salesman in the City of Lyons will be set by the
Governing Body (Ordinance 1759/1782).
ARTICLE 2. AMUSEMENT DEVICES
5-201. DEFINITION. Amusement device shall mean any machine, device that is coin-operated or otherwise available for hire, which machine or device permits a person or operator to use the device as a game or contest of skill, whether or not registering a score. It shall include, but not be limited to such devices as electronic or mechanical game machines, pool tables, foosball tables, air hockey tables, “pong” games, mechanical rides for children, electronic video games, shooting gallery type games, pinball machines, skill ball, bowling machines, or any other mechanical or electronic games or operations similar thereto. This definition does not include merchandise, vending machines or coin-operated jukeboxes, televisions or other devices, which are not designed for manipulation by the person operating the device. (Code 1976, 9-20 1; Code 1989)
5-202. LICENSE REQUIRED. It shall be unlawful for any person within the city limits to display for public patronage or keep for operation any coin-operated amusement device without first obtaining a license from the City. Not more than one machine or device shall be operated under one license, and a separate license shall be obtained for each and every machine or device displayed or operated. (Ordinance 1579)
5-203. SAME; APPLICATION. Application for a license under this article shall be made to the City Clerk by written application upon a form provided by the city and such application for such license shall contain, but not be limited to, the following information:
(a) The name and address of the applicant, his or her age and date of birth and the name and address of the owner of the device.
(b) The place where the machine or device is to be displayed or operated and the business conducted at that place.
(c) A description of the machine or device to be covered by the license, including its mechanical features, the name of the manufacturer and the serial number.
(d) Whether the applicant or owner has paid a current Federal Occupation Tax for the use or permit to use, on any place or premises within the city, a coin-operated amusement or game device under the Federal Internal Revenue Code.
Each such application shall be made out in duplicate, one copy being referred to the Chief of Police and the other copy to be affixed to the license issued. (Code 1976, 9-202:203; Code 1989)
5-204. SAME; FEE. The Governing Body will establish the fees for each coin-operated amusement. (Code 2005)
5-205. SAME; REVOCATION; NOTICE AND HEARING. Every license issued for public patronage for operation of a coin-operated amusement device is subject to the right, which is hereby especially reserved, to revoke the same should the licensee, directly or indirectly, permit the operation of any coin- operated amusement or gaming device, contrary to the provisions of any law of this city, or of the State of Kansas or any federal law. Such license may be revoked by the Governing Body after written notice to the licensee, which notice shall specify the violation of law with which the licensee is charged if, after a hearing the licensee is found to be guilty of such violations. (Code 1976, 9-209; Code 1989)
5-206. DISPLAY OF LICENSE. Every license provided by this article shall be maintained permanently at the premises and at the location where the device is to be operated or maintained, and available for inspection by the Chief of Police upon request. (Code 1976, 9-205; Code 1989)
5-207. TRANSFER OF LICENSE. A license issued under this article may be transferred from one machine or device to another similar machine or device upon application to the City Clerk to such effect and giving the description and serial number of the new machine or device. (Code 1976, 9-205; Code 1989)
5-208. TERM OF LICENSE. Each license issued under this article shall expire one year from the date of issuance. (Code 1989)
5-209. GAMBLING PROHIBITED. Nothing in this article shall in any way be construed to authorize, license or permit any gambling devices whatsoever and the use of any of the amusement devices for gambling purposes is unlawful and a violation of this code. (Code 1976, 9-206)
5-210. CITY INSPECTOR’S DUTIES. The City Inspector shall from time to time inspect all wiring and connections to such amusement devices to determine if the same are in compliance with the electric code of the city. (Code 1976, 9-208)
5-211. ENFORCEMENT. The Chief of Police or his or her duly authorized representative shall from time to time inspect the premises wherein any amusement device license has been issued to assure compliance with the provisions of this article. (Code 1976, 9-207; Code 1989)
ARTICLE 3. SCRAP METAL DEALERS
5.301. SCRAP METAL DEALERS; REGISTRATION REQUIRED. It shall be unlawful for any business to purchase any regulated scrap metal without having first registered each place of business with the city as herein provided.
5.302. SAME; DEFINITIONS. The words and phrases listed below when used in this ordinance shall have the following meanings:
(a) Scrap metal dealer means any person that operates a business out of a fixed location, and that is also either:
(1) Engaged in the business of buying and dealing in regulated scrap metal;
(2) Purchasing, gathering, collecting, soliciting or procuring regulated scrap metal; or
(3) Operating, carrying on, conducting or maintaining a regulated scrap metal yard or place where regulated scrap metal is gathered together and stored or kept for shipment, sale or transfer.
(b) Regulated scrap metal yard means any yard, plot, space, enclosure, building or any other place where regulated scrap metal is collected, gathered together and stored or kept for shipment, sale or transfer.
(c) Regulated scrap metal shall mean wire, cable, bars, ingots, wire scraps, pieces, pellets, clamps, aircraft parts, junk vehicles, vehicle parts, pipes or connectors made from aluminum; catalytic converters containing platinum, palladium or rhodium; and copper, titanium, tungsten, stainless steel and nickel in any form; for which the purchase price described in K.S.A. 2010 Supp. 50-6,110 and 50-6,111, and amendments thereto, was primarily based on the content therein of aluminum, copper, titanium, tungsten, nickel, platinum, palladium, stainless steel or rhodium; any item composed in whole or in part of any nonferrous metal other than an item composed of tin, that is purchased or otherwise acquired for the purpose of recycling or storage for later recycling. Aluminum shall not include food or beverage containers.
(d) Bales of regulated metal means regulated scrap metal properly processed with professional recycling equipment by compression, shearing or shredding, to a form in which it may be sold by a scrap metal dealer consistent with industry standards.
(e) Ferrous metal means a metal that contains iron or steel.
(f) Junk vehicle means a vehicle not requiring a title as provided in chapter 8 of the Kansas Statutes Annotated, and amendments thereto, aircraft, boat, farming implement, industrial equipment, trailer or any other conveyance used on the highways and roadways, which has no use or resale value except as scrap.
(g) Nonferrous metal means a metal that does not contain iron or steel, including but not limited to, copper, brass, aluminum, bronze, lead, zinc, nickel and their alloys.
(h) Tin means a metal consisting predominantly of light sheet metal ferrous scrap, including large and small household appliances, construction siding and construction roofing.
(i) Vehicle part means the front clip consisting of the two front fenders, hood, grill and front bumper of an automobile assembled as one unit; or the rear clip consisting of those body parts behind the rear edge of the back doors, including both rear quarter panels, the rear window, trunk lid, trunk floor panel and rear bumper, assembled as one unit; or any other vehicle part.
5.303. SAME; REGISTRATION; APPLICATION; FEES; PENALTY.
(a) Application for registration for a scrap metal dealer shall be verified and made upon a form furnished by the city and approved by the attorney general and shall contain:
(1) The name and residence of the applicant;
(2) The length of time that the applicant has resided within the state of Kansas and a list of all residences outside the state of Kansas during the previous 10 years;
(3) The particular place of business for which a registration is desired;
(4) The name of the owner of the premises upon which the place of business is located; and,
(5) The applicant shall disclose any prior convictions within 10 years immediately preceding the date of making the registration for theft, as defined in K.S.A. 21-3701, prior to its repeal, or section 87 of chapter 136 of the 2010 Session Laws of Kansas, theft of property lost, mislaid or delivered by mistake, as defined in K.S.A. 21-3703, prior to its repeal, or section 88 of chapter 136 of the 2010 Session Laws of Kansas, theft of services, as defined in K.S.A. 21-3704, prior to its repeal, criminal deprivation of property, as defined in K.S.A. 21-3705, prior to its repeal, or section 89 of chapter 136 of the 2010 Session Laws of Kansas, or any other crime involving possession of stolen property.
(6) In addition to the information required in subsection (a)(5), above, the applicant shall also disclose any prior convictions within 10 years immediately preceding the date of making the application for registration for any federal or local crime or offense similar to those stated in subsection (a)(5), to include, but not be limited to, sections 6.1, theft, 6.3, theft of lost or mislaid property, and 6.5, criminal deprivation of property, and amendments thereto, of the Uniform Public Offense Code for Kansas Cities.
(b) Each registration for a scrap metal dealer to purchase regulated scrap metal shall be accompanied by a fee of $200.
(c) The city clerk shall provide the chief of police written notice of the filing of registration by a scrap metal dealer within 10 days of registration or renewal.
5.304. SAME; ISSUANCE OF REGISTRATION; RENEWAL; RENEWAL FEES.
(a) Upon receipt of the application for registration, the application fee and verifying the information contained in the registration application that the applicant is qualified, the city clerk shall forward the application to the governing body, or its designee. The governing body, or its designee, shall accept a registration for a scrap metal dealer as otherwise provided for herein, from any scrap metal dealer engaged in business in the city and qualified to file such registration, to purchase regulated scrap metals.
(b) Registrations issued hereunder, unless revoked as herein provided, shall be effective for a period of 10 years.
(c) If an original registration is accepted, the governing body, or its designee, shall grant and issue renewals thereof upon application of the registration holder, if the registration holder is qualified to receive the same and the registration has not been revoked as provided by law. The registration fee for such renewal, which shall be in addition to the fee provided by section 3, shall be $50.
(d) No registration or renewal issued hereunder shall be transferable.
5.305. SAME; PENALTY. Violation of section 1 is a class A violation and punishable by a fine of not more than $2,500 or imprisonment in jail for not more than 12 months or by both such fine and imprisonment.
5.306. SAME; EXCEPTION. This ordinance shall not apply to a business licensed under the provisions of K.S.A. 8-2404, and amendments thereto, unless such business buys or recycles regulated scrap metal that are not motor vehicle components.
5.307. SAME; ISSUANCE; DISQUALIFICATION. (a) After examining the information contained in a filing for a scrap metal dealer registration and determining the registration meets the statutory requirements for such registration, the governing body, or its designee, shall accept such filing and the scrap metal dealer shall be deemed to be properly registered.
(b) No scrap metal registration shall be accepted for:
(1) A person who is under 18 years of age and whose parents or legal guardians have been convicted of a felony or other crime which would disqualify a person from registration under this section and such crime was committed during the time that such parents or legal guardians held a registration under this ordinance.
(2) A person who, within five years immediately preceding the date of filing, has pled guilty to, been convicted of, released from incarceration for or released from probation or parole for committing, attempting to commit, or conspiring to commit a violation of article 37 of chapter 21 of the Kansas Statutes Annotated, prior to their repeal, or sections 87 through 125 and subsection (a)(6) of section 223 of chapter 136 of the 2010 Session Laws of Kansas, perjury, K.S.A. 21-3805, prior to its repeal, or section 128 of chapter 136 of the 2010 Session Laws of Kansas, compounding a crime, K.S.A. 21-3807, prior to its repeal, obstructing legal process or official duty, K.S.A. 21-3808, prior to its repeal, falsely reporting a crime, K.S.A. 21-3818, prior to its repeal, interference with law enforcement, section 129 of chapter 136 of the 2010 Session Laws of Kansas, interference with judicial process, section 130 of chapter 136 of the 2010 Session Laws of Kansas, or any crime involving moral turpitude.
(3) A person who, within the five years immediately preceding the date of registration, has pled guilty to, been found guilty of, or entered a diversion agreement for violating the provisions of section 1, and amendments thereto, K.S.A. 50-6,109 et seq., and amendments thereto, the laws of another state comparable to such provisions or laws of any county or city regulating the sale or purchase of regulated scrap metal three or more times.
(4) A person who within the three years immediately preceding the date of registration held a scrap metal dealer registration which was revoked, or managed a facility for a scrap metal dealer whose registration was revoked, or was an employee whose conduct led to or contributed to the revocation of such registration.
(5) A person who makes a materially false statement on the registration application or has made a materially false statement on a registration or similar filing within the last three years.
(6) A partnership or limited liability company, unless all members of the partnership or limited liability company are otherwise qualified to file a registration.
(7) A corporation, if any manager, officer or director thereof, or any stockholder owning in the aggregate more than 25% of the stock of such corporation, would be ineligible to receive a license hereunder for any reason.
(8) A person whose place of business is conducted by a manager or agent unless the manager or agent possesses all of the qualifications for registration.
(9) A person whose spouse has been convicted of a felony or other crime which would disqualify a person from registration under this section and such crime was committed during the time that the spouse held a registration under this ordinance.
5.308. SAME; SUSPENSION OR REVOCATION OF REGISTRATION.
(a) The governing body, upon five days notice to the persons holding a registration, may suspend the scrap metal dealer's registration for up to 30 days for any one of the following reasons:
(1) The registrant has been convicted of violating any of the provisions of K.S.A. 50-6,109 et seq., and amendments thereto, or any similar ordinance or code provisions adopted by the city;
(2) The employment or continuation in employment of a person if the registered scrap metal dealer knows such person has, within the 24 months prior to the notice of suspension or revocation action, been convicted of violating any of the provisions of K.S.A. 50-6,109 et seq., and amendments thereto, or the laws of another state comparable to such provisions, or any
city ordinance, or regulation controlling scrap metal sale or purchase in Kansas or any other state; or
(3) Permitting any criminal activity under the Kansas criminal code, or similar ordinance adopted by the city in or upon the registrant's place of business.
(b) The governing body may revoke the registration of a scrap metal dealer who has had its registration suspended three or more times within a 24-month period.
(c) The governing body, upon five days' notice to the person holding the registration, shall revoke or suspend the registration for any one of the following reasons:
(1) The registrant has fraudulently registered by knowingly giving materially false information on the registration form;
(2) The registrant has become ineligible to obtain a registration under this ordinance;
(3) The nonpayment of any registration fees after receiving written notice that such registration fees are more than 30 days past due; or
(4) Within 20 days after the order of the governing body denying, revoking or suspending any registration, the registrant may appeal to the district court and the district court shall proceed to hear such appeal as though the court had original jurisdiction of the matter. Upon request by the registrant, the district court may enjoin the revocation or suspension of a registration until final disposition of any action brought under this ordinance.
(d) Any action brought under subsections (a), (b) or (c) shall be brought individually against a single registrant's site and not against any other scrap metal sites or locations registered by the same individual, company or business entity. (Ordinance 1883)
CHAPTER VI. ELECTIONS
Article 1. Elections Generally
Article 2. Wards
ARTICLE I. ELECTIONS GENERALLY
6-101. ELECTIONS, WHEN HELD. All elections for city officers shall be held on the first Tuesday in November. All elections for the City of Lyons, Kansas shall be nonpartisan. (C.O. No. 1; Code 1976, 6-10 1 C.O. No. 18 / Ord. 1941)
6-102. OFFICERS TO BE ELECTED, TERM. Those governing body positions with terms
expiring in April 2016, shall expire on the second Monday in January of 2017, when the city officials elected in the November 2016 general election take office. Those governing body positions with terms expiring in April 2017, shall expire on the second Monday in January of 2018, when the city officials elected in the November 2017 general election take office. A general election of city officers will take place on the Tuesday succeeding the first Monday in November 2016. Succeeding elections will be held every year for all such governing body positions whose terms have expired. One council member from each ward shall be elected at one election, and the other council member from that ward shall be elected at the succeeding election. The council members shall have two-year terms. The Mayor shall have a two-year term. (C.O. No. 1; Code 1976, 6-102 C.O. No. 18))
6-103. NOMINATIONS. Independent nominations may be made in the manner provided for by the laws of the State of Kansas. Nomination papers for each candidate shall be signed by not less than 5% of the qualified voters of the city, computed by the number of qualified voters voting for secretary of state at the last preceding general election, and in no case to be signed by less than 10 such voters of the city. In the case of the nomination of council members, the requirement shall be not less than 5% of the qualified voters of the ward in which the candidate for council member resides, and in no case to be signed by less than 10 such voters of the ward. Nomination papers shall be filed with the City Clerk not less than 10 days previous to such election and shall be in such form as provided for by the laws of the State of Kansas. (K.S.A. 25-303, 25-305, Code 1976, 6-103)
6-104. VOTING. The rules and requirements of all persons desiring to vote at any regular or special election of the city shall be the same as prescribed by the election laws of the State of Kansas and all amendments thereto. (Code 1976, 6-104)
6-105. PLACES AND HOURS OF ELECTION. The places of holding all elections in each ward of the city shall be designated by proclamation signed by the Mayor to be published at least 10 days before the date of such election. The polls shall be kept open and the hours of voting shall be from the hours of 7:00 a.m. until 7:00 p.m. (K.S.A. 25-106; Code 1976, 6-105)
ARTICLE 2. WARDS
6-201. WARDS. The territory comprised within the corporate limits of the city shall be divided into four wards, and the wards are hereby created, fixed, constituted, established, bounded and numbered as follows:
(a) First Ward: Bounded on the south and west by city limits, on east by Grand Avenue; then north to Blair; then west on Blair to Tobias Drive; then north on Tobias Drive to Jay Street; then east on Jay Street to Grand Avenue; then north on Grand Avenue to Truesdell; then west on Truesdell to East Avenue South; then north on East Avenue South to Lincoln; then west on Lincoln to Clark Avenue, then south on Clark Avenue to Noble Street; and then west on Noble Street to city limits.
(b) Second Ward: Bounded on west and north by city limits, on south from Noble Street; then east on Noble Street to Clark Street; then north on Clark Street to Lincoln; then east on Lincoln to West Avenue; then north on West Avenue to 5th Street; then east on 5th Street to North Grand Avenue; and then north on North Grand Avenue to city limits.
(c) Third Ward: Bounded on north and east by city limits, west boundary beginning at city limits on north Grand Avenue; then south on Grand Avenue to 5th Street; then on 5th Street to West Avenue; then south on West Avenue to Lincoln Street; then east on Lincoln Street to South Grand; then south on South Grand to Lauderbach Street; then east on Lauderbach Street to Reed Street; then north on Reed Street to Washington Street; then east on Washington Street to Walnut Street and then north on Dinsmore Street to Main Street; then east on Main Street to city limits.
(d) Fourth Ward: Bounded on south and east by city limits, west boundary from South Grand Avenue north to Blair Street; then west on Blair Street to Tobias Drive; then north on Tobias Drive to Jay Street; then east on Jay Street to South Grand Avenue; then north on South Grand Avenue to Truesdell; then west on Truesdell to East Avenue South; then north on East Avenue South to Lincoln Street; then east on Lincoln Street to South Grand Avenue, then south on South Grand Avenue to Lauderbach; then east on Lauderbach to Reed Avenue; then north on Reed Avenue to Washington Street; then east on Washington Street to Walnut Street; then north on Walnut Street to East Main; and then east on East Main to city limits. (Code 2005/Ordinance 1910)
6-202. PRECINCTS. Each ward of the city shall constitute an election precinct. (Code 1976, 6-202; Code 1989)
CHAPTER VII. FIRE
Article 1. Fire Department
Article 2. Fire Prevention
Article 3. Fireworks
Article 4. Fire Insurance Proceeds Fund
Article 5. Liquified Petroleum Gases
ARTICLE 1. FIRE DEPARTMENT
7-101. CITY FIRE DEPARTMENT ESTABLISHED. The Fire Department of the City is hereby established and the department shall be organized to consist of a Fire Chief, and Assistant Fire Chief, and not less than 15 nor more than 30 firefighters. Members of the Fire Department shall be appointed by the Mayor and confirmed by the Governing Body. (Ordinance 1704)
7-102. MEMBERSHIP; COMPENSATION. Members of the fire department shall all be volunteers. They shall meet at least once each week for practice and drill. The Chief of the Fire Department shall keep a record of attendance of such meetings. Any member who shall fail to attend three consecutive meetings without approved excuse shall automatically become expelled from membership. The Fire Chief and Assistant Fire Chief shall receive such compensation as set by ordinance. Firefighters shall receive $15.00 for attendance at fires, and $10.00 for attendance at drills. (Ordinance 1565/Ordinance 1879B)
7-103. SUPERVISION OF DEPARTMENT. The Chief of the Fire Department shall be under the supervision of the Mayor and City Administrator and shall have immediate superintendence and control over and be responsible for the care and condition of the fire apparatus and equipment. It shall be the chief’s duty to see that all such apparatus and equipment is ready at all times for immediate use. It shall also be the chief’s duty to submit a written report as to the condition of all fire apparatus and equipment to the Governing Body at their first meeting in June of each year. (Code 1976, 7-103)
7-104. FIRE CHIEF; POWERS.
(a) The fire chief shall be responsible for the discipline of the members and is hereby given authority to suspend or expel any member for refusal to obey orders or for misconduct or failure to do his or her duty at a fire.
(b) The chief shall also have the right to summon any and all persons present to aid in extinguishing a fire or to aid in removing personal property from any building on fire or in danger thereof and in guarding the same.
(c) At fires the chief shall have full power, control and command of all persons present and shall direct the use of the fire apparatus and equipment, and command the fire fighters in the discharge of their duties. He or she shall take such measures as he or she shall deem proper and necessary in the preservation and protection of property and extinguishing of fires. (Code 1976, 7-104:105)
7-105. SAME; RECORDS. The chief of the fire department shall keep in convenient form a complete record of all fires. Such information shall include the time and location, construction of building, owner, occupancy, how extinguished, value of building and contents, loss on building and contents, insurance on building and contents, members responding to the alarm, and any other information deemed advisable. (Code 1976, 7-106)
7-106. ASSISTANT CHIEF. In the absence of the chief, the assistant fire chief shall perform all the duties and have all the authority and responsibility of the chief as conferred by this chapter. (Code 1976, 7-107)
7-107. PRIVATE USE OF FIRE EQUIPMENT. It shall be unlawful for any person or persons to take away or use any fire apparatus or equipment for any private purpose or for any person willfully and without proper authority to remove, take away, keep or conceal any tool, appliance, equipment or other article used in any way by the fire department. (Code 1976, 7-112)
7-108. FIRE EQUIPMENT; EMERGENCY RIGHT-OF-WAY AND USE.
(a) All fire apparatus and equipment is hereby given and granted the exclusive right-of-way over and through all streets, avenues, alleys and public thoroughfares in the city while enroute to fires or in response to any alarm, and it shall be unlawful for any person or persons to in any manner obstruct or hinder the apparatus or equipment.
(b) All emergency vehicles of the fire department, while proceeding on official business, shall be operated in strict accordance with the requirements of the Kansas Statutes regarding the operation of emergency vehicles, and each departmental member assigned to the operation of emergency vehicles shall familiarize himself or herself with the requirements of the law and govern himself or herself accordingly. Any operator violating the provisions of the state law shall be liable for disciplinary action. (Code 1976, 7-108; Code 1989)
7-109. SAME; FIRE HOSE. It shall be unlawful for any person or persons to drive any vehicle over any fire hose laid on any street, alley or lot. This section shall not apply to any apparatus or vehicle being driven by members of the fire department. (Code 1976, 7-109)
7-110. OBSTRUCTION OF FIRE HYDRANT. It shall be unlawful for any person to place or cause to be placed upon or about any fire hydrant any rubbish, building material, fence or other obstruction of any character, or in any manner obstruct, hinder, or delay the fire department in the performance of its duties in case of fire. Nor shall any person fasten to any fire hydrant any guy rope or brace, nor park any vehicle within 15 feet of any such hydrant. (Code 1976, 7-110)
7-111. FALSE ALARM. It shall be unlawful for any person to knowingly make or sound or cause to be made or sounded, or by any other means, any false alarm. (Code 1976, 7-111)
7-112. FIREMEN’S RELIEF ASSOCIATION. The members of the fire department shall organize themselves into a firemen’s relief association and become incorporated under the laws of the State of Kansas as provided in article 17 of chapter 40 of the Kansas Statutes Annotated, in order that the members thereof may have the benefits provided for in the sections. (Code 1976, 7-114; Code 1989)
ARTICLE 2. FIRE PREVENTION
7-201. INTERNATIONAL FIRE CODE. That a certain document, three (3) of which are on file in the office of the City Clerk of the City of Lyons, Kansas, being marked and designated as the International Fire Code, 2012 edition, as published by the Code Council, be and is hereby adopted as the Fire Code of the City of Lyons, Kansas regulating and governing the safeguarding of life and property from fire and explosion hazards arising from the storage, handling and use of hazardous substances, materials and devices, and from conditions hazardous to life or property in the occupancy of buildings and premises as herein provided; providing for the issuance of permits; and each and all of the regulations, provisions, penalties, conditions and terms of said Fire Code on file in the office of the City Clerk of the City of Lyons, Kansas are hereby referred to, adopted, and made a part hereof, as if fully set out in this ordinance, with the additions, insertions, deletions and changes, prescribed in Sections 2, 3 and 4 of this ordinance.
That the following sections of the International Fire Code are hereby revised:
Section 101.1. Insert: The City of Lyons, Kansas
Section 109.3. Insert: Misdemeanor, $1,000.00, 180 days.
Section 111.4. $100.00, $1,000.00.
Section 307. Replace with following: With exception of the following, all open burning, recreational fires are prohibited within the City of Lyons. Section 307.4.3 Portable outdoor fireplaces. Portable outdoor fireplaces shall be used in accordance with the manufacture’s instruction and shall not be operated within 15 feet (3048 mm) of a structure or combustible material. Section 307.5 Attendance. Use of Portable Outdoor Fireplaces shall be constantly attended until the fire is extinguished. A minimum of one portable fire extinguisher complying with Section 906 with a minimum 4-A rating or other approved on-site fire –extinguishing equipment, such as dirt, sand, water barrel or garden hose shall be available for immediate utilization.
That the geographic limits referred to in certain sections of the 2012 edition of the International Fire Code are hereby established as follows:
Section 5704.2.9.6.1. The geographic limits in which the storage of flammable cryogenic fluids in stationary containers is prohibited shall be R-1, R-2, and R-3, Residence Districts and C-1 and Business District, which are hereby defined in the zoning regulations of The City of Lyons, Kansas.
Section 5706.2.4.4. The geographic limits in which the storage of Class I and Class II liquids in above-ground tanks is prohibited shall be R-1, R-2, R-3 Residence Districts and C-1 and C-2, Business Districts which are hereby defined in the zoning regulations of The City of Lyons, Kansas.
Section 5806.2. The geographic limits in which the storage of Class I and II liquids in aboveground tanks is prohibited shall be R-1. R-2 and R-3, Residence Districts and C-1 and C-2, Business Districts which are hereby defined in the zoning regulations of The City of Lyons, Kansas.
Section 6104.2. The geographic limits in which the storage of liquefied petroleum gas is restricted for the protection of heavily populated or congested areas shall be R-1, R-2, R-3, Residence Districts and C-1 Business District which are defined in the zoning regulations of The City of Lyons, Kansas. (Ordinance 1697) (Ordinance 1873)
(Ordinance 1887)
7-202. SAME; ENFORCEMENT. The Uniform Fire Code shall be enforced by the bureau of fire prevention in the fire department of the city. The bureau of fire prevention shall consist of the fire chief, the assistant fire chief and such assistants as the fire chief from time to time may designate, either from within the fire department or outside the fire department. (Code 1976, 7-202)
7-203. APPEALS. Whenever the fire chief shall disapprove an application or refuse to grant a permit applied for, or when it is claimed that the provisions of this code do not apply or that the true intent and meaning of the code have been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the fire chief to the Governing Body of the city within 30 days from the date of the decision appealed. (Code 1976, 7-209)
7-204. APPEALS COMMITEE. The fire chief and the other members of the bureau of fire prevention shall act as a committee to determine and specify, after giving affected persons an opportunity to be heard, any new materials, processes or occupancies which shall require permits in addition to those now enumerated in the code. The fire chief shall post such list in a conspicuous place in the office of the City Clerk and distribute copies thereof to interested persons. (Code 1976, 7-210)
ARTICLE 3. FIREWORKS
7-301. FIREWORKS DEFINED. For purposes of this article, the term “fireworks” shall mean those items as defined by the rules and regulations of the Kansas state fire marshal, and shall include but not be limited to:
firecrackers, torpedoes, sparklers, Roman candles, sky rockets, pin wheels, cap or toy pistols (except such pistols or any like device designed to discharge paper caps containing not more than .25 of grains of explosive mixture), canes, bombs, cannons or other like devices and all classes of fireworks that may be shot into the air or propelled over the ground by explosive discharges or any device using blank cartridges. (Code 1976, 7-401; Code 1989)
7-302. FIREWORKS PROHIBITED.
(a) Except as provided in sections 7-303:306; it shall be unlawful for any person, firm or corporation to keep, store, display for sale, fire, discharge or explode any fireworks.
(b) Nothing in this article shall be construed as applying to:
(1) Toy paper caps containing not more than .25 of a grain of explosive composition per cap;
(2) The manufacture, storage, sale or authorized use of signals necessary for the safe operation of railroads or other classes of public or private transportation;
(3) The military or naval forces of the United States or of this state while in the performance of official duty;
(4) Law enforcement officers while in the performance of official duty; or
(5) The sale or use of blank cartridges for ceremonial, theatrical or athletic events. (Code 1989)
7-303. SAME: EXCEPTIONS; DISCHARGES.
(a) Section 7-302 of this article shall not apply to the firing or discharge of fireworks in the City between the hours of 8:00 a.m. and 11:59 p.m. on July 4th. Should July 4th fall upon Sunday and Independence Day is celebrated on July 5th, fireworks can be discharged on 4 and 5 July. The hours of discharge on 5 July are the same as 4 July.
(b) The Governing Body of the City may, in its discretion, grant permission at any time for the public display of fireworks by responsible individuals or organizations when such display or displays shall be of such a character and so located, discharged and fired as shall not be a fire hazard or endanger persons or surrounding property.
(c) It shall be unlawful for any person, firm or corporation to give any public display of fireworks without having first obtained a permit thereof. (Ordinance 1626 / Ordinance 1839)
7-304. SAME: EXCEPTION; SALE OF FIREWORKS. Any person, firm, or corporation who or which has first obtained a valid permit to sell fireworks within the City may do so between the hours of 8:00 a.m. and 11:59 p.m. commencing July 1st and through July 4th of each year. If July 4th falls on Sunday, the sale of fireworks may be permitted by resolution of the Governing Body on July 5th, should Independence Day be celebrated on July 5th. No person, firm or corporation shall obtain a permit without first paying the City of Lyons, Kansas a fee of $350.00 (three hundred and fifty dollars and no cents). (Ordinance 1712)
7-305. PERMIT FOR PUBLIC FIREWORKS DISPLAY REQUIRED.
(a) It shall be unlawful for any person, firm or corporation to give or provide a fireworks display for the public or for organized groups without first obtaining a permit to do so by making application at least 30 days in advance of the desired display. Approval of the permit shall be by the Governing Body. The application for the permit shall clearly state:
(1) The name of the applicant.
(2) The group for which the display is planned.
(3) The location of the display.
(4) The date and time of the display.
(5) The nature or kind of fireworks to be used.
(6) The name of the person, firm or corporation that will make the actual discharge of the fireworks.
(7) Anticipated need for police, fire or other municipal services.
(b) No permit shall be issued if the location, nature of the fireworks or other relevant factor is such as to create an undue hazard or risk of harm or damage to persons or property. No display shall be located within 300 feet of any building or other flammable structure.
(c) The applicant must have $500,000 liability insurance in order to obtain a permit for the public display of fireworks in the City of Lyons. (Code 1976, 7-403; Code 1989; Code 2006/Ordinance 1798)
7-306. APPROVED FIREWORKS; BOTTLE ROCKETS AND SKY LANTERNS PROHIBITED.
a) All fireworks offered for sale and discharged within the city shall be of a type that has
been tested and approved for sale and use within the state by the state fire marshal.
b) Bottle rockets and other similar self-propelled firework or fireworks devices consisting of a tube and attached guiding stock or rod shall not be sold or discharged in the city. (Code 1989)
c) Sky Lanterns and other similar firework or firework devices shall not be sold or discharged in the city. (Ordinance 1903)
7-307. THROWING PROHIBITED. It shall be unlawful for any person to throw, cast or propel fireworks of any kind in the direction of or into the path of any animal, person or group of persons, or from, in the direction of or into any vehicle of any kind. (Code 1976, 7-404; Code 1989)
7-308. SALE OF FIREWORKS; WHERE PROHIBITED.
(a) It shall be unlawful for fireworks to be stored, sold or displayed for sale in a place of business where paint, oils, varnishes, turpentine or gasoline or other flammable substances are kept, unless such fireworks are in a separate and distinct section or department of the premises.
(b) Where the fire chief deems there is a fire hazard, he or she is hereby authorized to have such hazard abated. (Code 1976, 7-405; Code 1989)
7-309. RETAIL DISPLAY OF FIREWORKS.
(a) All retailers are forbidden to expose fireworks where the sun shines through glass on the merchandise displayed, except where such fireworks are in the original package.
(b) All fireworks displayed for sale must remain in original packages, except where an attendant is on constant duty at all times where such fireworks are on display; provided, that fireworks in open stock may be kept in show cases or counters out of the reach of the public without an attendant being on duty.
(c) Signs reading “Fireworks for Sale--No Smoking Allowed” shall be displayed in the section of a store or premises set aside for the sale of fireworks. (Code 1976, 7-407)
7-310. FIRE EXTINGUISHERS REQUIRED.
(a) Two functioning and approved fire extinguishers must be provided and kept in close proximity to the stock of fireworks in all permanent buildings where fireworks are stored, sold or displayed for sale.
(b) Small stands, temporarily erected to be used as a place for storing and selling fireworks only, shall have one such fire extinguisher, or in lieu of the fire extinguisher, a pressurized water hose with nozzle end within five feet of the fireworks stand. (Code 1976, 7-406; Code 1989)
7-311. RESTRICTIONS AS TO GASOLINE INSTALLATIONS. It shall he unlawful to store, keep, sell, display for sale or discharge any fireworks within 50 feet of any gasoline pump, gasoline filling station, gasoline bulk station or any building in which gasoline or volatile liquids are sold in quantities in excess of one gallon, except in stores where cleaners, paints and oils are handled in sealed containers only (Code 1975, 7-409; Code 1989)
7-312. AUTHORITY OF FIRE CHIEF AND POLICE CHIEF. The Chief of the Fire and the Police Department are authorized to seize and confiscate all fireworks, which may be kept, stored or used in violation of any section of this article, and all of the rules of the state fire marshal. He or she shall dispose of all such fireworks as may be directed by the Governing Body. (Code 1976, 7-409; Code 1989 Ordinance 1798)
7-313. INSURANCE REQUIREMENTS. The applicant must have $500,000 liability insurance in order to obtain a permit to sell fireworks in the City of Lyons. (Ordinance 1798)
ARTICLE 4. INSURANCE PROCEEDS FUND
7-401. SCOPE AND APPLICATION. The city is hereby authorized to utilize the procedures established by K.S.A. 40-3901 et seq., whereby no insurance company shall pay a claim of a named insured for loss or damage to any building or other structure located within the city, where the amount recoverable for the loss or damage to the building or other structure under all policies is in excess of 75 percent of the face value of the policy covering such building or other insured structure, unless there is compliance with the procedures set out in this article. (Code 1989/Ordinance 1806/1943)
7-402. LIEN CREATED. The governing body of the city hereby creates a lien in favor of the city on the proceeds of any insurance policy based upon a covered claim payment made for damage or loss to a building or other structure located within the city, where the amount recoverable for all the loss or damage to the building or other structure under all policies is in excess of 75 percent of the face value of the policy(s) covering such building or other insured structure. The lien arises upon any unpaid tax, special ad valorem levy, or any other charge imposed upon real property by or on behalf of the city which is an encumbrance on real property, whether or not evidenced by written instrument, or such tax, levy, assessment, expense or other charge that has remained undischarged for at least one year prior to the filing of a proof of loss. (Code 1989/Ordinance 1806/1943)
7-403. SAME; EMCUMBRANCES. Prior to final settlement on any claim covered by Section 2, the insurer or insurers shall contact the county treasurer, Rice County, Kansas, to determine whether any such encumbrances are presently in existence. If the same are found to exist, the insurer or insurers shall execute and transmit in an amount equal to that owing under the encumbrances a draft payable to the county treasurer, Rice County, Kansas. (Code 1989)
7-404. SAME; PRO RATA BASIS. Such transfer of proceeds shall be on a pro rata basis by all insurance companies insuring the building or other structure. (Code 1989)
7-405. PROCEDURE.
(a) When final settlement on a covered claim has been agreed to or arrived at between the named insured or insureds and the company or companies, and the final settlement exceeds 75 percent of the face value of the policy covering any building or other insured structure, and when all amounts due the holder of a first real estate mortgage against the building or other structure, pursuant to the terms of the policy and endorsements thereto, shall have been paid, the insurance company or companies shall execute a draft payable to the city treasurer in an amount equal to the sum of 15 percent of the covered claim payment, unless the chief building inspector of the city has issued a certificate to the insurance company or companies that the insured has removed the damaged building or other structure, as well as all associated debris, or repaired, rebuilt, or otherwise made the premises safe and secure.
(b) Such transfer of funds shall be on a pro rata basis by all companies insuring the building or other structure. Policy proceeds remaining after the transfer to the city shall be disbursed in accordance with the policy terms.
(c) Upon the transfer of the funds as required by subsection (a) of this ordinance, the insurance company shall provide the city with the name and address of the named insured or insureds, the total insurance coverage applicable to said building or other structure, and the amount of the final settlement agreed to or arrived at between the insurance company or companies and the insured or insureds, whereupon the chief building inspector shall contact the named insured or insureds by certified mail, return receipt requested, notifying them that said insurance proceeds have been received by the city and apprise them of the procedures to be followed under this ordinance. (Code 1989/Ordinance 1806/1943)
7-406. FUND CREATED; DEPOSIT OF MONEYS. The city treasurer is hereby authorized and shall create a fund to be known as the "Insurance Proceeds Fund." All moneys received by the city treasurer as provided for by this ordinance shall be placed in said fund and deposited in an interest-bearing account. (Code 1989/Ordinance 1943)
7-407. BUILDING INSPECTOR; INVESTIGATION, REMOVAL OF STRUCTURE.
(a) Upon receipt of moneys as provided for by this ordinance, the city treasurer shall immediately notify the chief building inspector of said receipt, and transmit all documentation received from the insurance company or companies to the chief building inspector.
(b) Within 30 days of the receipt of said moneys, the chief building inspector shall determine, after prior investigation, whether the city shall instigate proceedings under the provisions of K.S.A. 12-1750 et seq., as amended.
(c) Prior to the expiration of the 30 days established by subsection (b) of this ordinance, the chief building inspector shall notify the city treasurer whether he or she intends to initiate proceedings under K.S.A. 12-1750 et seq., as amended.
(d) If the chief building inspector has determined that proceedings under K.S.A. 12-1750 et seq., as amended shall be initiated, he or she will do so immediately but no later than 45 days after receipt of the moneys by the city treasurer.
(e) Upon notification to the city treasurer by the chief building inspector that no proceedings shall be initiated under K.S.A. 12-1750 et seq., as amended, the city treasurer shall return all such moneys received, plus accrued interest, to the insured or insureds as identified in the communication from the insurance company or companies. Such return shall be accomplished within 45 days of the receipt of the moneys from the insurance company or companies. (Code 1989)
7-408. REMOVAL OF STRUCTURE; EXCESS MONEYS. If the chief building inspector has proceeded under the provisions of K.S.A. 12-1750 et seq., as amended, all moneys in excess of that which is ultimately necessary to comply with the provisions for the removal of the building or structure, less salvage value, if any, shall be paid to the insured. (Code 1989)
7-409. SAME; DISPOSITION OF FUNDS. If the chief building inspector, with regard to a building or other structure damaged, determines that it is necessary to act under K.S.A. 12-1756, any proceeds received by the city treasurer under the authority of Section 5(a) relating to that building or other structure shall be used to reimburse the city for any expenses incurred by the city in proceeding under K.S.A. 12-1756. Upon reimbursement from the insurance proceeds, the chief building inspector shall immediately effect the release of the lien resulting therefrom. Should the expenses incurred by the city exceed the insurance proceeds paid over to the city treasurer under Section 5(a), the chief building inspector shall publish a new lien as authorized by K.S.A. 12-1756, in an amount equal to such excess expenses incurred. (Code 1989/Ordinance 1806/1943)
7-410. EFFECT UPON INSURANCE POLICIES. This ordinance shall not make the city a party to any insurance contract, nor is the insurer liable to any party for any amount in excess of the proceeds otherwise payable under its insurance policy. (Code 1989)
7-411. INSURERS; LIABILITY. Insurers complying with this ordinance or attempting in good faith to comply with this ordinance shall be immune from civil and criminal liability and such action shall not be deemed in violation of K.S.A. 40-2404 and any amendments thereto, including withholding payment of any insurance proceeds pursuant to this ordinance, or releasing or disclosing any information pursuant to this ordinance. (Code 1989)
ARTICLE 5. LIQUIFIED PETROLEUM GASES
7-501. DEFINITION. Liquified Petroleum Gases shall mean any material, which is composed predominantly of any of the following hydrocarbons or mixture thereof: propane, propylene, butanes or iso-butane and butylenes. (Code 1976, 7-301)
7-502. PERMIT REQUIRED. It shall be unlawful to establish a liquified petroleum gas (L-P gas) station or bottle filling station within the city without a permit issued by the state fire marshall. (Code 1976, 7-302; Code 1989)
7-503. LOCATION RESTRICTIONS. It shall be unlawful to locate any L-P gas service station or bottle filling station within the fire limits of the city. (Code 1976, 7-302; Code 1989)
CHAPTER VIII. HEALTH AND WELFARE
Article 1. Health Officer
Article 2. Health Nuisances
Article 2A. Environmental Code
Article 3. Junked, Abandoned Vehicles
Article 4. Weeds
Article 5. Fair Housing
Article 6. Slaughterhouses
Article 7. Smoking in Restaurants
ARTICLE 1. HEALTH OFFICER
8-101. HEALTH OFFICER. The health officer shall be a practicing doctor of medicine. The city health officer shall be appointed annually by the Mayor at the first regular meeting of the Governing Body in April of each year, to serve for one-year terms subject to confirmation by the City Council. (Code 1989)
8-102. CITY HEALTH OFFICER; DUTIES. The city health officer shall:
(a) Cause health investigations and inspections to be made as required by the laws of Kansas and of the city;
(b) Make recommendations to the Governing Body respecting the improvement of health of the inhabitants of the city;
(c) Make all health reports required by the State Board of Health;
(d) If required, prepare an annual health report of the city for submission to the Governing Body;
(e) Perform such other duties as may be required of him or her under the laws of the State of Kansas or of the city. (Code 1989)
ARTICLE 2. HEALTH NUISANCES
8-201. NUISANCES UNLAWFUL; DEFINED. It shall be unlawful for any person to maintain or permit any nuisance within the city as defined, without limitation, as follows:
(a) Filth, excrement, lumber, rocks, dirt, cans, paper, trash, metal or any other offensive or disagreeable thing or substance thrown or left or deposited upon any street, avenue, alley, sidewalk, park, public or private enclosure or lot whether vacant or occupied;
(b) All dead animals not removed within 24 hours after death;
(c) Any place or structure or substance, which emits or causes any offensive, disagreeable or nauseous odors;
(d) All stagnant ponds or pools of water;
(e) All grass or weeds or other unsightly vegetation not usually cultivated or grown for domestic use or to be marketed or for ornamental purposes;
(f) Abandoned iceboxes or refrigerators kept on the premises under the control of any person, or deposited on the sanitary landfill, or any icebox or refrigerator not in actual use unless the door, opening or lid thereof is unhinged, or unfastened and removed there from;
(g) All articles or things whatsoever caused, kept, maintained or permitted by any person to the injury, annoyance or inconvenience of the public or of any neighborhood;
(h) Any fence, structure, thing or substance placed upon or being upon any street, sidewalk, alley or public ground so as to obstruct the same, except as permitted by the laws of the city. (K.S.A. 21-4106:4107; Code 1989)
8-202. COMPLAINTS; INQUIRY AND INSPECTION. The public officer shall make inquiry and inspection of premises upon receiving a complaint or complaints in writing signed by two or more persons stating that a nuisance exists and describing the same and where located or is informed that a nuisance may exist by the board of health, Chief of Police or the fire chief. The public officer may make such inquiry and inspection when he or she observes conditions, which appear to constitute a nuisance. Upon making any inquiry and inspection the public officer shall make a written report of findings. (Code 1989)
8-203. RIGHT OF ENTRY. It shall be a violation of this code to deny the public officer the right of access and entry upon private property at any reasonable time for the purpose of making inquiry and inspection to determine if a nuisance exists. (Code 1989)
8-204. NOTICE. Any person, corporation, partnership or association found by the public officer to be in violation of section 8-201 shall be served a notice of such violation. The notice shall be served by restricted mail, postage prepaid, return receipt requested; provided, that if the owner, occupant, agent or other person in charge or possession of the real property is a resident of Rice County, Kansas, the notice shall be personally served by the public officer or a law enforcement officer. (K.S.A. l2-1617e; Code 1989)
8-205. SAME; CONTENTS. The notice shall state the condition(s) which is (are) in violation of section 8-201. The notice shall also inform the person, corporation, partnership or association that
(a) He, she or they shall have 10 days from the date of serving the notice to abate the condition(s) in violation of section 8-201; or
(b) He, she or they have 10 days from the date of serving the notice to request a hearing before the Governing Body of the matter as provided by section 8-208;
(c) Failure to abate the condition(s) or to request a hearing within the time allowed may result in prosecution as provided by section 8-206 and/or abatement of the condition(s) by the city as provided by section 8-207. (Code 1989)
8-206. FAILURE TO COMPLY; PENALTY. Should the person, corporation, partnership or association fail to comply with the notice to abate the nuisance or request a hearing the public officer may file a complaint in the Municipal Court of the city against such person, corporation, partnership or association and upon conviction of any violation of provisions of section 8-201, be fined in an amount not to exceed $100.00 or be imprisoned not to exceed 30 days or be both fined and imprisoned. Each day during or on which a violation occurs or continues after notice has been served shall constitute an additional or separate offense. (Code 1989)
8-207. ABATEMENT. In addition to, or as an alternative to prosecution as
provided in section 8-206, the public officer may seek to remedy violations of this section in the following manner. If a person to whom a notice has been sent pursuant to section 8-204 has neither alleviated the conditions causing the alleged violation nor requested a hearing before the Governing Body within the time periods specified in section 8-205, the public officer may present a resolution to the Governing Body for adoption authorizing the public officer or other agents of the city to abate the conditions causing the violation at the end of 10 days after passage of the resolution. The resolution shall further provide that the costs incurred by the city shall be charged against the lot or parcel of ground on which the nuisance was located as provided in section 8-209. A copy of the resolution shall be served upon the person in violation in one of the following ways:
(a) Personal service upon the person in violation;
(b) Service by restricted mail, postage prepaid, return receipt requested;
(c) In the event the whereabouts of such person are unknown and the same cannot be ascertained in the exercise of reasonable diligence, an affidavit to that effect shall be made by the public officer and filed with the City Clerk, and the serving of the resolution shall be made by publishing the same once each week for two consecutive weeks in the official city newspaper and by posting a copy of the resolution on the premises where such condition exists. (Code 1989)
8-208. HEARING. If a hearing is requested within the 10 day period as provided in section 8-205, such request shall be made in writing to the Governing Body. Failure to make a timely request for a hearing shall constitute a waiver of the person’s right to contest the findings of the public officer before the Governing Body. The hearing shall be held by the Governing Body as soon as possible after the filing of the request therefore, and the person shall be advised by the city of the time and place of the hearing at least five days in advance thereof. At any such hearing, the person may be represented by counsel, and the person and the city may introduce such witnesses and evidence as is deemed necessary and proper by the Governing Body. The hearing need not be conducted according to the formal rules of evidence. Upon conclusion of the hearing, the Governing Body shall record its determination of the matter by means of adopting a resolution and serving the resolution upon the person in the matter provided in section 8-207. (Code 1989)
8-209. COSTS ASSESSED. If the city abates the nuisance pursuant to section 8-207, the cost of abatement shall be charged against the lot or parcel of ground on which the nuisance was located. The City Clerk shall, at the time of certifying other taxes to the County Clerk, certify the costs as provided in this section. The County Clerk shall extend the same on the tax roll and it shall be collected by the county treasurer and paid to the city as other city taxes are collected and paid. (Code 1989)
ARTICLE 2A. ENVIRONMENTAL CODE
8-2A01.TITLE. This article shall be known as the “Environmental Code.” (Code 1989)
8-2A02.LEGISLATIVE FINDING OF FACT. The Governing Body has found that there exist within the city unsightly and hazardous conditions due to:
dilapidation, deterioration or disrepair of walls, siding, fences or structure exteriors; accumulations increasing the hazards of accidents or other calamities; structural defects; uncleanliness; unsightly stored or parked material, equipment, supplies, machinery, vehicles or parts thereof. Such conditions are inimical to the general welfare of the community in that they have a blighting influence on the adjoining properties, the neighborhood and the city, or are injurious to the health and safety of the residents of the city. The Governing Body desires to promote the public health, safety and welfare by the repair, removal, abatement, and regulation of such conditions in the manner hereafter provided. (Code 1989)
8-2A03.PURPOSE. The purpose of this article is to protect, preserve, upgrade, and regulate the environmental quality of industrial, commercial and residential neighborhoods in this city, by outlawing conditions which are injurious to the health, safety, welfare or aesthetic characteristics of the neighborhoods and to provide for the administration and enforcement thereof. (Code 1989)
8-2A04.RULES OF CONSTRUCTION. For the purpose of this article, the following rules of construction shall apply:
(1) Any part thereof - Whenever the words premises, structure, building or yard are used they shall be construed as though they were followed by the words “or any part thereof.”
(2) Gender - Words of gender shall be construed to mean neuter, feminine or masculine, as may be applicable.
(3) Number - Words of number shall be construed to mean singular or plural, as may be applicable.
(4) Tense - Words of tense shall be construed to mean present or future, as may be applicable.
(5) Shall - The word shall is mandatory and not permissive. (Code 1989)
8-2A05.DEFINITIONS. The words and phrases listed below when used in this article shall have the following meanings:
(1) Abandoned Motor Vehicle - any motor vehicle which is not currently registered or tagged pursuant to K.S.A. 8-126 to 8-149 inclusive, as amended; or parked in violation of the code; or incapable of moving under its own power; or in a junked or wrecked condition.
(2) Accessory Structure - a secondary structure detached from the principal structure but on the same premises, including, but not limited to, garages, sheds, barns, or outbuildings.
(3) Commercial or Industrial - used or intended to be used primarily for other than residential purposes.
(4) Dilapidation, Deterioration or Disrepair - shall mean any condition characterized by, but not limited to: holes, breaks, rot, decay, crumbling, cracking, peeling, or flaking paint, rusting, or other evidence of physical damage, neglect, lack of maintenance, excessive use or weathering.
(5) Exterior - those parts of a structure which are exposed to the weather or subject to contact with the elements; including, but not limited to: sidings, facings, veneers, masonry, roofs, foundations, porches, screens, shutters, windows, doors or signs.
(6) Garbage - without limitation any accumulation of animal, fruit or vegetable waste matter that results from the handling, preparation, cooking, serving, delivering, storage, or use of foodstuffs.
(7) Person - any individual, individuals, corporation, partnership, unincorporated association, other business organization, committee, board, trustee, receiver, agent or other representative who has charge, care, control or responsibility for maintenance of any premises, regardless of status as owner, renter, tenant or lessee, whether or not in possession.
(8) Premises - any lot, plot or parcel of land including the structures thereon. Premises shall also mean any lot, plot or parcel of land without any structures thereon.
(9) Refuse - garbage and trash.
(10) Residential - used or intended to be used primarily for human habitation.
(11) Structure - anything constructed or erected which requires location on the ground or is attached to something having a location on the ground including any appurtenances belonging thereto.
(12) Trash - combustible waste consisting of, but not limited to:
papers, cartons, boxes, barrels, wood, excelsior, furniture, bedding, rags, leaves, yard trimmings, or tree branches and non-combustible waste consisting of, but not limited to: metal, tin, cans, glass, crockery, plastics, mineral matter, ashes, clinkers, or street rubbish and sweepings.
(13) Weathered - deterioration caused by exposure to the elements.
(14) Yard - the area of the premises not occupied by any structure. (Code 1989)
8-2A06.PUBLIC OFFICER. The City Administrator is hereby designated and appointed as the public officer to exercise the powers prescribed by this article and shall be referred to as the public officer. (Code 1989)
8- 2A07.ENFORCEMENT STANDARDS. No person shall be found in violation of this article unless the public officer, after a reasonable inquiry and inspection of the premises, believes that conditions exist of a quality and appearance not commensurate with the character of the neighborhood. Such belief must be supported by evidence of a level of maintenance significantly below that of the rest of the neighborhood. Such evidence shall include conditions declared unlawful under section 8-2A08 but shall not include conditions which are not readily visible from any public place or from any surrounding private property. (Code 1989)
8-2A08.UNLAWFUL ACTS. It shall be unlawful for any person to allow to exist on any residential, commercial or industrial premises, conditions which are injurious to the health, safety or general welfare of the residents of the community or conditions, which are detrimental to adjoining property, the neighborhood or the city. For the purpose of fair and efficient enforcement and administration, such unlawful conditions shall be classified as follows:
(a) Exterior conditions (yard) shall include, but not be limited to, the scattering over or the parking, leaving, depositing or accumulation on the yard of any of the following:
(1) lumber, wire, metal, tires, concrete, masonry products, plastic products, supplies, equipment, machinery, auto parts, junk or refuse;
(2) abandoned motor vehicles; or
(3) furniture, stoves, refrigerators, televisions, sinks, bicycles, lawn mowers, or other such items of personal property.
(4) nauseous substances, carcasses of dead animals or places where animals are kept in an offensive manner.
(b) Exterior conditions (structure) shall include, but not be limited to, deteriorated, dilapidated, or unsightly:
(1) exteriors of any structure;
(2) exteriors of any accessory structure; or
(3) fences, walls, or retaining walls. (Code 1989)
8-2A09.NOTICE. Any person found by the public officer to be in violation of section 8-2A08 shall be sent a notice of such violation by the public officer. The notice shall be sent by restricted mail, postage prepaid, return receipt requested. The notice shall state:
(a) The condition which has caused the violation of this article; and
(b) That the person in violation shall have:
(1) 15 days from the date of the mailing of the notice to alleviate the exterior conditions (yard) violation; and/or;
(2) 45 days from the date of the mailing of the notice to alleviate the exterior conditions (structure) violation;
or in the alternative to subsections (1) and (2) above,
(3) 15 days from the date of the mailing of the notice to request, as provided in section 8-2Al3 a hearing before the Governing Body on the matter; and
(c) That failure to alleviate the condition or to request a hearing may result in prosecution under section 8-2A10 and/or abatement of the condition by the city according to section 8-2A11 with the costs assessed against the property under section 8-2A14. (Code 1989)
8-2A10.PENALTY. The public officer and/or City Attorney may file a complaint in the Municipal Court against any person found to be in violation of section 8-2A08, provided however, that such person shall first have been sent a notice as provided in section 8-2A09 and that the person has neither alleviated the conditions causing the alleged violation nor requested a hearing before the Governing Body within the time periods specified in section 8-2A09. Upon such complaint in the Municipal Court, any person found to be in violation of section 8-2A08 shall upon conviction be punished by a fine of not less than $100.00 nor more than $500.00, or by imprisonment, for not more than 30 days, or by both such fine and imprisonment, for each offense. In addition to the foregoing penalties, the municipal court judge may order a fine not to exceed $100 for each day during or on which such violation is permitted to exist. For the purposes of this article, a separate offense shall be deemed committed on each day during or on which such violation is permitted to exist. (Ordinance 1718)
8-2A11.ABATEMENT. In addition to, or as an alternative to, prosecution as provided in section 8-2A10, the public officer may seek to remedy violations of this article in the following manner. If a person to whom a notice has been sent pursuant to section 8-2A09 has neither alleviated the conditions causing the alleged violation nor requested a hearing before the Governing Body within the time periods specified in section 8-2A09, the public officer may present a resolution to the Governing Body for adoption authorizing the public officer or other agents of the city to abate the conditions causing the violation at the end of 20 days after passage of the resolution. The resolution shall further provide that the costs incurred by the city shall be assessed against the property as provided in section 8-2A15. A copy of the resolution shall be served upon the person in violation in one of the following ways:
(a) Personal service upon the person in violation;
(b) Service by restricted mail, postage prepaid, return receipt requested;
(c) In the event the whereabouts of such person are unknown and the same cannot be ascertained in the exercise of reasonable diligence, an affidavit to that effect shall be made by the public officer and filed with the City Clerk, and the serving of the resolution shall be made by publishing the same once each week for two consecutive weeks in the official city newspaper and by posting a copy of the resolution on the premises where such conditions exist. (Code 1989)
8-2A12.HEARING BEFORE GOVERNING BODY. If a hearing is requested within the 15-day period as provided in section 8-2A09 such request shall be made in writing to the Governing Body. Failure to make a timely request for a hearing shall constitute a waiver of the person’s right to contest the findings of the public officer before the Governing Body. The hearing shall be held by the Governing Body as soon as possible after the filing of the request therefore, and the person shall be advised by the city of the time and place of the hearing at least five days in advance thereof. At any such hearing, the person may be represented by counsel, and the person and the city may introduce such witnesses and evidence as is deemed necessary and proper by the Governing Body. The hearing need not be conducted according to the formal rules of evidence. Upon conclusion of the hearing, the Governing Body shall record its determination of the matter by means of adopting a resolution and serving the resolution upon the person in the manner provided in section 8-2All. (Code 1989)
8-2A13.APPEALS. Any person affected by any determination of the Governing Body under sections 8-2A11 or 8-2A12 may appeal such determination in the manner provided by K.S.A. 60-2101. (Code 1989)
8-2A14.COSTS ASSESSED. If the city abates the conditions in violation of this article pursuant to section 8-2A11, the cost of abatement shall be charged against the lot or parcel of ground on which the conditions were located. The City Clerk shall, at the time of certifying other taxes to the County Clerk, certify the costs as provided in this section. The County Clerk shall extend the same on the tax roll and it shall be collected by the county treasurer and paid to the city as other city taxes are collected and paid. (Code 1989)
8-2Al5.CONSTRUCTION. Nothing in this article shall be construed to abrogate or impair the powers of the courts or of any department of the city to enforce any provisions of its laws nor to prevent or punish violations thereof. The powers conferred by this article shall be in addition to and supplemental to the powers conferred by the Kansas Constitution, by any other law or by ordinance. (Code 1989)
ARTICLE 3. JUNKED, ABANDONED VEHICLES
8-301. FINDING OF GOVERNING BODY. The Governing Body finds that junked, wrecked, dismantled, inoperative, discarded or abandoned vehicles affect the health, safety and general welfare of citizens of the city because they:
(a) Serve as a breeding ground for flies, mosquitoes, rats and other insects and rodents;
(b) Are a danger to persons, particularly children, because of broken glass, sharp metal protrusions, insecure mounting on blocks, jacks or other supports;
(c) Are a ready source of fire and explosion;
(d) Encourage pilfering and theft;
(e) Constitute a blighting influence upon the area in which they are located;
(f) Constitute a fire hazard because they frequently block access for fire equipment to adjacent buildings and structures. (Code 1976, 8-801; Code 1989)
8-302. DEFINITIONS. As used in this article, unless the context clearly indicates otherwise:
(a) Inoperable means a condition of being junked, wrecked, wholly or partially dismantled, discarded, abandoned or unable to perform the function or purpose for which it was originally constructed;
(b) Vehicle means, without limitation, any automobile, truck, tractor or motorcycle, which as originally built, contained an engine, regardless of whether it contains an engine at any other time. (Code 1976, 8-803; Code 1989)
8-303. PRESUMPTIONS. Any one of the following conditions shall raise the presumption that a vehicle is inoperable:
(a) Absence of a current registration plate upon the vehicle;
(b) Placement of the vehicle or parts thereof upon jacks, blocks, or other supports;
(c) Absence of one or more parts of the vehicle necessary for the lawful operation of the vehicle upon street or highway. (Code 1976, 8-807; Code 1989)
8-304. UNLAWFUL STORAGE. Except as provided in sections 8-305:306, it shall be unlawful for any person or agent, either as owner, lessee, tenant or occupant of any land within the city to park, store or deposit, or permit to be parked, stored, or deposited thereon, an inoperable vehicle unless the vehicle is enclosed in a garage or other building. (Code 1976, 8-804)
8-305. TEMPORARILY DISABLED VEHICLE. The provisions of section 8-304 shall not apply to the parking or storage of a vehicle inoperable for a period of 30 consecutive days or less. (Code 1976, 8-805)
8-306. SALVAGE DEALERS; SCREENING. The provisions of section 8-304 shall not apply to any person conducting a business enterprise in compliance with existing zoning regulations or who places such vehicles behind screening of sufficient size, strength and density to screen such vehicles from the view of the public and to prohibit ready access to stored vehicles by children. However, nothing in this section shall be construed as to authorize the maintenance of a public nuisance. (Code 1976, 8-806)
8-307. ADMINISTRATIVE PROCEDURE. Whenever an informal complaint is made to the City Clerk or notice is given to such officer of the existence of an apparent violation of this article, he or she shall within seven days thereafter cause to be served upon the person in possession or the owner of the real property upon which such inoperable vehicle is located a written notice. Such notice shall inform such person of the violation and direct that he or she take action within seven days after receipt of such notice to comply with the provisions of this article or prosecution will be commenced for violation thereof. In the event such person fails to comply with the provisions of this article within such time the City Clerk shall notify the City Attorney who shall commence prosecution under this article. (Code 1976, 8-808)
8-308. ABANDONED VEHICLES; AUTHORITY TO REMOVE.
(a) Whenever any person shall abandon and leave a motor vehicle on a highway or other property open to use by the public for a period of time in excess of 48 hours, the city may remove the motor vehicle from such highway or other property and place or store the same in a safe and convenient place. If such motor vehicle has displayed thereon a registration plate issued by the Division of Vehicles and has been registered with said division, the city or its designated agent shall mail a notice by certified mail to the registered owner thereof, addressed to the address as shown on the certificate of registration, and to the lien holder, if any, of record in the county in which the title shows the owner resides, if registered in this state, stating that if the owner or lien holder does not claim such motor vehicle and pay the removal and storage charges incurred by the city on the same within 15 days from the date of the mailing of the notice, that the same will be sold at public auction to the highest bidder for cash.
(b) The city shall use reasonable diligence in determining the title owner, or if from a non-title state, the registered owner of the vehicle, and shall inquire by mail of the office of Register of Deeds of the county in which the title shows the owner resides, if registered in the state, as to whether there any lien holders of record. (Code 1989)
8-309. SAME; NOTICE.
(a) After 15 days from date of mailing notice, if the abandoned motor vehicle is more than four model years of age, or after 30 days from the date of mailing notice, if the abandoned motor vehicle is four model years of age or less, the city or its designated agent shall publish a notice for two consecutive weeks in the official city newspaper where such motor vehicle was abandoned and left. The notice shall describe the motor vehicle by name of maker, model, serial number and owner, if known, and state that the same has been impounded by the city and will be sold at public auction to the highest bidder for cash, if the owner thereof does not claim the same within 10 days from the date of the second publication of the notice and pay the removal and storage charges, and the publication costs incurred by the city.
(b) If such motor vehicle does not display a registration plate issued by the Division of Vehicles and is not registered with said division, the city or its designated agent, after 15 days from the date of abandonment, may publish a notice in the official city newspaper, which notice shall describe the motor vehicle by name of maker, model, color and serial number and shall state the same has been impounded by the city and will be sold at public auction to the highest bidder for cash, if the owner thereof does not claim the same within 10 days from the date of the second publication of the notice and pay the removal and storage charges incurred by the city. (Code 1989)
8-310. SAME; SOLD AT AUCTION.
(a) Whenever the city or its designated agency has complied with the foregoing provisions of this article with respect to any such abandoned motor vehicle and the owner thereof does not claim the same within the time stated in the notice and pay the removal and storage charges and publication costs incurred by the city on such motor vehicle, the city or its designated agent may sell the motor vehicle at public auction to the highest bidder for cash. The sale of any motor vehicle pursuant to this section shall be deemed a sale at retail within the state as prescribed by K.S.A. 8-1754, but the responsibility for obtaining a certificate of approval for such vehicle prior to its registration in this state shall be upon the purchaser.
(b) After any sale pursuant to this section, the city or its designated agent may file proof thereof with the Division of Vehicles. Thereupon, said division shall issue a certificate of title to the purchaser of such motor vehicle. All moneys derived from the sale of motor vehicles pursuant to this article, after payment of the expenses of the sale, shall be paid into the general fund of the city. (Code 1989)
8-311. SAME; ON PRIVATE PROPERTY.
(a) Any person who shall abandon and leave any vehicle on any real property, other than public property or property open to use by the public, within the city, which is not owned or leased by such person or by the owner or lessee of such vehicle, shall be guilty of criminal trespass. Upon request of the owner or occupant of such real property the city or its designated agent may remove and dispose of such vehicle in the manner provided in this article except that the provisions that a motor vehicle be abandoned for a period of time in excess of 48 hours prior to its removal shall not be applicable to abandoned vehicles which are subject to the provisions of this section.
(b) Any person removing such vehicle from the real property at the request of the city shall have a possessory lien on such vehicle for the costs incurred in removing, towing and storing such vehicle. (Code 1989)
8-312. ENFORCING OFFICER. The Chief of Police or his or her duly authorized agent is hereby designated as the enforcing officer of the city and charged with the administration of the provisions of this article. (Code 1989)
ARTICLE 4. WEEDS
8-401. WEEDS TO BE REMOVED. It shall be unlawful for any owner, agent, lessee, tenant or other person occupying or having charge or control of any premises to permit weeds to remain upon said premises or any area between the property lines of said premises and the centerline of any adjacent street or alley, including but not specifically limited to sidewalks, streets, alleys, easements, rights-of-way and all other areas, public or private. All weeds as hereinafter defined are hereby declared a nuisance and are subject to abatement as hereinafter provided. (Ordinance 1611)
8-402. DEFINITIONS.
(a) Calendar Year as used herein, means that period of time beginning January 1 and ending December 31 of the same year.
b) Weeds as used herein, means any of the following:
1) Brush and woody vines shall be classified as weeds;
2) Weeds and indigenous grasses which may attain such large growth as to become, when dry, a fire menace to adjacent improved property;
3) Weeds, which bear or may bear seeds of a downy or wingy nature;
4) Weeds which are located in an area which harbors rats, insects, animals, reptiles or any other creature which either may or does constitute a menace to health, public safety or welfare;
5) Weeds and indigenous grasses on or about residential property, which, because of its height, has a blighting, influence on the neighborhood. Any such weeds and indigenous grasses shall be presumed to be blighting if they exceed 12 inches in height. (Ordinance 1611)
8-403. PUBLIC OFFICER; NOTICE TO REMOVE. The City Administrator or his/her authorized assistant shall be designated the Public Officer to be charged with the administration and enforcement of this Ordinance. The Public Officer or an authorized assistant shall notify in writing the owner, occupant or agent in charge of any premises in the city upon which weeds exist in violation of this ordinance by mail or by personal service, once per calendar year. If the owner, occupant or agent in charge of said premises is unknown, said notice shall be by publication in the official city newspaper. Such notice shall include the following:
(a) That the owner, occupant or agent in charge of the property is in violation of the city weed control law.
(b) That the owner, occupant or agent in charge of the property, if such is a resident of the City of Lyons, Kansas, is ordered to cut the weeds within 5 days of the receipt of notice. If the owner or agent in charge of the property is not a resident of the City of Lyons, Kansas, said owner or agent is ordered to cut the weeds within 10 days of the receipt of notice. If notice is provided by publication, said owner or agent is ordered to cut the weeds within 10 days of the publication of the notice. (Ordinance 1804)
(c) That the owner, occupant or agent in charge of the property may request a hearing before the Governing Body or its designated representative within five days of the receipt of notice. (Ordinance 1804)
(d) That if the owner, occupant or agent in charge of the property does not cut the weeds, the city or its authorized agent will cut the weeds and assess the cost of the cutting, including a reasonable administrative cost, against the owner, occupant or agent in charge of the property.
(e) That the owner, occupant or agent in charge of the property will be given an opportunity to pay the assessment, and, if it is not paid, it will be added to the property tax as a special assessment.
(f) That no further notice shall be given prior to removal of weeds during the current calendar year.
g) That the public officer should be contacted if there are any questions regarding the order.
If there is a change in the record owner of title to property subsequent to the giving of notice pursuant to this subsection, the city may not recover any costs or levy an assessment for the costs incurred by the cutting or destruction of weeds on such property unless the new record owner of title to such property is provided notice as required by this section. (Ordinance 1611/1794/1804)
8-404. ABATEMENT; ASSESSMENT OF COSTS.
(a) Upon the expiration of 10 days after the receipt of the notice required by Section 3, and in the event that the owner, occupant or agent in charge of the premises shall neglect or fail to comply with the requirements of Section 1, the Public Officer or an authorized assistant shall cause to be cut, destroyed and/or removed all such weeds and abate the nuisance created thereby at any time during the current calendar year.
(b) The Public Officer or an authorized assistant shall give notice to the owner, occupant or agent in charge of the premises by restricted mail of the costs of abatement of the nuisance. The notice shall state that payment of the costs is due and payable within 30 days following receipt of the notice.
(c) If the costs of removal or abatement remained unpaid after 30 days following receipt of notice, a record of the costs of cutting and destruction and/or removal shall be certified to the City Clerk who shall cause such costs to be assessed against the particular lot or piece of land on which such weeds were so removed, and against such lots or pieces of land in front of or abutting on such street or alley on which the weeds were removed. The City Clerk shall certify the assessment of the County Clerk at the time other special assessments are certified for spreading on the tax roles of the County. (Ordinance 1611)
405. RIGHT OF ENTRY. The Public Officer, and the Public Officer’s authorized assistants, employees, contracting agents or other representatives are hereby expressly authorized to enter upon private property at all reasonable hours for the purpose of cutting, destroying and/or removing such weeds in a manner not inconsistent with this ordinance. (Ordinance 1611)
8-406. UNLAWFUL INTERFERENCE. It shall be unlawful for any person to interfere with or to attempt to prevent the Public Officer or the Public Officer’s authorized representative from entering upon any such lot or piece of ground or from proceeding with such cutting and destruction. Such interference shall constitute an ordinance violation (Ordinance 1611)
407. APPLICATION OF ORDINANCE. Nothing in this ordinance shall affect or impair the rights of the City under the provisions of Chapter 2, Article 13 of the Kansas Statutes Annotated, related to the control or the eradication of certain noxious weeds. In addition, this ordinance shall be supplemental and in addition to other ordinances of the City of Lyons, Kansas which are related to the removal and cutting of weeds, rank grass and noxious weeds. It is the intention of this ordinance to provide an alternative method for the cutting and removal of weeds and vegetation in the City of Lyons, Kansas. (Ordinance 1611)
8-408. PENALTY. Any person violating any of the provisions of this article or failing to remove or abate from any premises any nuisances as described in this article after being notified so to do as provided in this article and within the times specified within this article, shall upon conviction, be deemed guilty of maintaining a nuisance and shall be fined in a sum of not to exceed $500.00. (Ordinance 1611)
ARTICLE 5. FAIR HOUSING
8-501. FAIR HOUSING POLICY. The Governing Body of the city hereby declares it to be the public policy of the city to eliminate discrimination and safeguard the right of any person to sell, purchase, lease, rent, finance or obtain real property without regard to race, color, religion, sex, or national origin. (Code 1976, 1-601)
8-502. DEFINITIONS. For the purpose of this article the following terms, phrases, words and their derivations shall have the meaning given herein unless the context otherwise indicates:
(a) Discriminate to make distinctions in treatment because of race, color, religion, sex or national origin of any person.
(b) Person shall include any individual, firm, partnership or corporation. (Code 1989)
8-503. UNLAWFUL DISCRIMINATORY PRACTICES. It shall be a discriminatory practice and unlawful:
(a) For any person, having the right, responsibility, or authority to sell, rent, lease, assign or sub-lease any dwelling unit, commercial unit or real property or any part or portion thereof or interest therein, to refuse to sell, rent, lease, assign, or sub-lease any dwelling unit, commercial unit, real property or part or portion thereof or interest therein, to any person because of the race, color, religion, sex or national origin of the person.
(b) For any person, having the right, responsibility or authority to sell, rent, lease, assign or sublease any dwelling unit, commercial unit or real property or any part or portion thereof or interest therein, to impose upon any person because of the race, color, religion, sex or national origin of such person unusual, extraordinarily onerous terms, conditions or privileges in the sale, rental, leasing, assignment or subleasing of any dwelling unit, commercial unit or real property or any part or portion thereof or interest therein, or to require a higher sale price or rental or otherwise impose terms more burdensome upon any person because of race, color, religion, sex, or national origin and which would not be required of other persons.
(c) For any person, engaged in lending money, guaranteeing loans, accepting mortgages or otherwise making available funds for the purchase, acquisition, construction, rehabilitation, repair, or maintenance of any dwelling unit, commercial unit or real property or any part or portion thereof or interest therein, to discriminate because of race, color, religion, sex, or national origin of any person applying for loans or guarantees or mortgages in lending money, guaranteeing loans, accepting mortgages or otherwise making available funds for the purchase, acquisition, construction, rehabilitation, repair or maintenance of any dwelling unit, commercial unit or real property or any part or portion thereof or interest therein, or to place unusual extraordinary, onerous rates of interest, terms or conditions on the lending of the money, the guaranteeing of the loans, acceptance of the mortgages or the availability of such funds.
(d) For any person to discriminate in furnishing any facilities or services to any dwelling unit, commercial unit, real property or any part or portion thereof or interest therein, because of the race, color, religion, sex or national origin of any person making application for such facilities or services.
(e) For any person, engaged in the real estate business, whether a dealer, broker or regardless of the capacity in which serving to discriminate in the selling, renting, leasing, assigning or sub-leasing of any dwelling unit, commercial unit, real property or any part or portion thereof or interest therein, against any person because of race, color, religion, sex, or national origin of such person and further, to indicate in any way that any dwelling unit, commercial unit, real property or any part or portion thereof or interest therein, is not available for inspection, sale, rental, lease, assignment or sublease, or otherwise to deny or withhold any dwelling unit, commercial unit, real property or any part or portion thereof or interest therein, from any person because of race, color, religion, sex, or national origin of such person.
(f) For any person to include in any agreement relating to the sale, rental, lease, assignment or sub-lease of any dwelling unit, commercial unit, or real property or any part or portion thereof or interest therein, as a condition of the transaction, that the purchaser, renter, tenant, occupant or assignee does agree not to sell, rent, lease, assign or sub-lease the dwelling unit, commercial unit, or real property or any part or portion thereof or interest therein, to any person because of race, color, religion, sex, or national origin of such person.
(g) For any person to engage in any form of threats or reprisal, or to engage in, or hire, or conspire with others to commit acts or activities of any nature, the purpose of which is to harass, degrade, embarrass, or to cause physical harm or economic loss to any person because such person complies with the provisions of this article or has opposed any practice forbidden under this act, or has filed a complaint, testified or assisted in any proceeding under this article.
(h) For any person to aid, abet, incite, compel, coerce, cooperate or participate in the doing of any act declared to be a discriminatory practice under the provisions of this article, or to obstruct or prevent compliance with the provisions of this article, or to attempt directly or indirectly to commit any act declared by this article to be a discriminatory practice.
(i) For any person to induce or attempt to induce the sale or listing for sale of any dwelling unit, commercial unit or real property or any part or portion thereof interest therein, by representing that a change has occurred or will or may occur with respect to the racial, religious or ethnic composition of the block, neighborhood or area in which the property is located, or to induce or attempt to induce such sale by representing that the presence or anticipated presence of persons of any particular race, color, religion, sex, or national origin in the area will or may result in:
(1) the lowering of property values;
(2) a change in the racial, religious or ethnic composition of the block, neighborhood or area in which the property is located;
(3) an increase in criminal antisocial behavior in the area;
(4) a decline in the quality of the schools serving the area.
(j) To make any representations to any prospective seller, real estate broker, salesman, agent, owner, or to any financial institution for the purpose of obtaining facts or evidence of a discriminatory practice when such representation is not made for a bona fide purchase, rental or lease of real property; provided, however, this section shall not apply to any person employed by the city or the state whose duty it is to assist in the prosecution of violations of civil rights relating to open housing.
(k) For any person having the right, responsibility or authority to sell, rent, lease, assign or sub-lease any dwelling unit, commercial unit or real property or any part or portion thereof or interest therein, to directly or indirectly advertise, or in any other manner indicate or publicize, that the purchase, rental, lease, sub-lease or assignment, listing, showing or the lending of funds in connection with any dwelling unit, commercial unit, real property or any part or portion thereof or interest therein, by persons of any particular race, color, religion, sex, or national origin is unwelcome, objectionable, not acceptable, or not solicited. (Code 1976, 1-603; Code 1989)
8-504. APPLICABILITY. The provisions of this article shall not apply to the following:
(a) Any bona fide religious institutions with respect to any qualifications it may impose based upon religion when such qualifications are related to a bona fide religious purpose.
(b) A rental or leasing of a dwelling unit in a building which contains housing accommodations for not more than five families living independently of each other if the owner or members of this family reside in such dwelling unit.
(c) A rental or leasing to less than five persons living in a dwelling unit by the owner if the owner or members of his or her family reside therein.
(d) Any private club, which as an incident to its primary purpose provides lodging which it, owns or operates for other than a commercial purpose. (Code 1976, 1-602(c), 1-604; Code 1989)
8-505. ADMINISTRATION.
(a) Any person claiming to have been subjected to any discriminatory practice as defined by this article may file a complaint by appearing before the Governing Body and furnishing such information as the City Council may require. Any complaint filed pursuant to this article must be filed with the city within 60 days of the date of the alleged incident.
(b) Every complaint of a violation of this article shall be referred to the Governing Body of the city. The city shall forthwith notify the person against whom the complaint is made. The identity of the aggrieved person shall be made known to the person against whom the complaint is made at that time. If the city, after its investigation and the investigation, if any, conducted by authorized employees of the city, finds that there is no merit to the complaint, the same shall be dismissed. If the city finds that there is merit to the complaint, in their opinion, then and in that event, the city will endeavor to eliminate the alleged discriminatory practice by conference and conciliation.
(c) Nothing in this article shall prohibit the Mayor of the city from appointing a committee to assist in the review, investigation and determination of any grievances filed hereunder, and the Mayor may delegate the necessary authority to the committee to perform any of the duties required of the Mayor by this article.
(d) If the city is unable to eliminate the alleged discriminatory practice by conference and conciliation, then and in that event, the city shall forward the complaint to the City Attorney for handling. The final determination of whether or not to prosecute on the complaint shall be left to the City Attorney. (Code 1989)
8-506. PENALTY.
(a) Any person violating any of the provisions of this article shall be deemed guilty of a misdemeanor and upon conviction thereof may be fined in an amount not to exceed $100.00 or be imprisoned not to exceed 30 days or both.
(b) Any person making false, malicious or unfounded accusations against any person under oath and under the provisions of this article shall be deemed guilty of a misdemeanor and upon conviction thereof may be fined in an amount not to exceed $100.00 or be imprisoned not to exceed 30 days or both. (Code 1976, 1-605)
ARTICLE 6. SLAUGHTERHOUSES
8-601. DEFINITION. Slaughterhouse shall mean any establishment in which animals, other than poultry, are slaughtered, dressed, processed or packaged for human consumption. (Code 1976, 8-501)
8-602. APPLICATION; PERMIT. It shall be unlawful for any person, firm or
corporation to erect or operate any slaughterhouse in the city without first making written application for and procuring from the Governing Body a permit to do so. (Code 1976, 8-502; Code 1989)
8-603. STRUCTURAL REQUIREMENTS; RESTRICTIONS. Any slaughterhouse operated within the city shall be completely enclosed, the walls and roof thereof to be of such material and type of construction that the sound of all operations therein shall not be audible outside the structure, and the floors and portions of the walls to the height used in the slaughtering and processing shall be of concrete, tile or other impervious material. All operations in connection with the slaughtering of animals and the conduct of the slaughterhouse shall be within the enclosed structure. (Code 1976, 8-503)
8-604. TRANSPORTATION. Animals brought to the establishment for slaughter and processing shall be brought in vehicles, and shall be taken directly in the slaughterhouse and the animals removed from the vehicle. (Code 1976, 8-504; Code 1989)
8-605. INSPECTION. Each slaughterhouse for which a permit has been issued by the Governing Body shall be at all times open to inspection by the police or such other officials as shall be appointed. (Code 1976, 8-502; Code 1989)
8-606. PROHIBITED DISCHARGE.
(a) It shall be unlawful to discharge any blood, offal, manure or other waste resulting from the slaughtering or processing of animals into the municipal sewer system.
(b) The provisions of this article shall not apply to the discharge of water used in the washing of any animal carcass being prepared for food. (Code 1976, 8-505; Code 1989)
8-607. DISPOSAL OF REFUSE. All byproducts from the slaughtering and processing of animals not used for human consumption shall be removed from the slaughterhouse and placed in containers or vehicles constructed of impervious material, and which do not permit the escape of any liquid. All containers or vehicles shall have tight fitting lids so that the contents shall not be openly exposed, or offensive odors allowed to escape there from. All portions of the animal not reserved for food, shall be removed from the city, and disposed of in accordance with the laws of the State of Kansas respecting the disposal of packing house refuse. (Code 1976, 8-506; Code 1989)
8-608. STATE PERMIT REQUIRED, REGULATIONS. The slaughterhouse and the operation and conduct thereof shall at all times be operated under permit from the State Board of Health, and subject to its inspection and supervision, and in accordance with the rules, regulations and requirements of the State Board of Health, and at no time shall the slaughterhouse or the operation thereof be conducted in such manner as to be obnoxious or offensive by reason of the emission of odor, dust, smoke, gas or sound, or in such manner that the sight thereof shall be offensive to good government, or shall constitute a common nuisance. (Code 1976, 8-507)
8-609. RESTRICTIONS ON LOCATION. No slaughterhouse shall be located in any residential zone or semi business and industrial zone of the city. If located in the industrial zone of the city, the limitations as to the emission of odor, dust, smoke, gas, sight and sound as set forth in section 8-608 of this article, shall be modified to the extent of compliance with the limitations of the zoning ordinance applicable in the industrial zone of the city. (Code 1976, 8-508)
ARTICLE 7. SMOKING IN RESTAURANTS – REMOVED Ordinance #1834
701. PUBLIC POLICY. It shall be the public policy of the city to promote the health and welfare of its citizens and the traveling public by ensuring the opportunity to enjoy public dining free of the imposition by environmental tobacco smoke or second hand tobacco smoke. (Ordinance 1685)
702. DEFINITIONS. For the purpose of this article, the following words and terms as used herein are defined to mean the following:
1) Accessory bar means a place within a restaurant for the incidental service of alcoholic beverages and associated snacks, appetizers, and other products for consumption on the premises. Full restaurant food service shall not be available in an accessory bar.
2) Class A club means premises so licensed by the State of Kansas which is owned or leased by a corporation, partnership, business, trust or association and which is operated thereby as a bona fide nonprofit social, fraternal or war veterans’ club, as determined by the director, for the exclusive use of the corporate stockholders, partners, trust beneficiaries or associates (referred to as members) and their families and guests accompanying them.
3) Class B club means a premises so licensed by the State of Kansas operated for profit by a corporation, partnership, or individual, to which members of such club may resort for the consumption of food and alcoholic beverages and for entertainment.
4) Drinking Establishment means premises so licensed by the State of Kansas, which may be open to the general public, where alcoholic liquor by the individual drink is sold; and premises licensed by the City authorizing the sale for consumption on the premises of Cereal Malt beverages or 3.2% Beer. Drinking establishment shall also include private clubs holding a class A or class B license issued by the State of Kansas.
5) Licensed Club means a class A or class B club with a valid license issued by the State of Kansas.
6) Other person in charge means the agent of the proprietor authorized to perform administrative direction to, and general supervision of, the activities within a restaurant at any given time.
7) Physically separated means separated from the smoke-free restaurant area by continuous floor-to-ceiling walls, which are interrupted only by doors, which are continuously closed other than when a person is actively entering or exiting the smoke-free area.
8) Private dining or banquet room means an entire restaurant, room or hall used for a private social function and for which seating arrangements are in control of the sponsor of the function and not the proprietor or person in charge of that room or hall.
9) Proprietor means the party, regardless of whether or not the party is owner or lessee of the restaurant, who ultimately controls, governs, or directs the activities within the restaurant. The term does not mean the owner of the property, unless the owner ultimately controls, governs, or directs the activities within the restaurant. The term proprietor may apply to a corporation, partnership, or limited liability company as well as to an individual.
10) Restaurant means a building, structure, enclosure, or any part of a building, structure, or enclosure with table, booth, or counter seating used as, maintained as, advertised as, or held out to be an operation which prepares, serves or otherwise provides for sale of food and beverages for consumption on the premises.
11) Separate designated smoking area means an indoor area where smoking is allowed, physically separated from the required smoke-free restaurant areas, and which includes physical separation and appropriate separate ventilation so that smoke from those areas does not drift, permeate, or re-circulate into any smoke-free restaurant areas.
12) Smoking means the:
a. Carrying or placing of a lighted cigarette, lighted cigar, or lighted pipe or any other lighted smoking equipment in one’s mouth for the purpose of inhaling and exhaling tobacco smoke;
b. Placing of a lighted cigarette, lighted cigar, or lighted pipe or any other lighted smoking equipment in an ashtray or other receptacle and allowing tobacco smoke to diffuse in the air; or
c. Carrying or placing of a lighted cigarette, lighted cigar, or lighted pipe, or any other lighted smoking equipment in one’s hands or any appendage or device and allowing tobacco smoke to diffuse in the air. (Ordinance 1685)
703. REGULATION OF SMOKING. Smoking shall not be permitted in a restaurant, except as follows:
Outdoor or sidewalk seating. Smoking may be permitted in the outdoor or sidewalk seating portions of a restaurant if the outdoor or sidewalk seating area and the indoor smoke-free area are physically separated.
Smoking shall be permitted in a designated smoking area, which is physically separated from any non-smoking area and adequately ventilated or exhausted to the exterior of the building, in compliance with Section 8-706. The designated smoking area shall not be more than 40% of the floor area provided for indoor dining. (Ordinance 1685)
704. REASONABLE DISTANCE. Smoking is prohibited within a minimum of 15 feet from any outside entrance to an enclosed area where smoking is prohibited, to insure that tobacco smoke does not enter the non-smoking area through entrances, windows, ventilation systems, or other means. (Ordinance 1685)
705. RESTAURANT LOCATED IN A LARGER FACILITY. When a restaurant is located within a facility larger than the area used for the restaurant, no person shall smoke in the entire facility unless the proprietor or the person in charge of the facility has designated a smoking area, which qualifies as a separate designated smoking area as defined by this ordinance. Restaurants located within a larger facility include, without limitation, restaurants in truck stops, hotels, retail establishments, and convention or meeting facilities. (Ordinance 1685)
706. REQUIREMENTS RELATING TO PHYSICAL SEPARATION AND VENTILATION. The city building inspector or other designated agent of the city is authorized to make reasonable requirements and determinations consistent with the building code and this ordinance with regard to physical separation and appropriate ventilation in any case where those requirements need to be applied or modified to smoke-free restaurant areas adjacent to or connected to areas in which smoking is permitted. (Ordinance 1685)
707. EXEMPTIONS. The prohibition against smoking in restaurants set forth in this article shall not apply to:
1) Private dining or banquet room;
However, if a private dining or private banquet room is located within a facility in which a restaurant is also located, the proprietor must meet the separation and ventilation requirements of a separate designated smoking area. (Ordinance 1685)
708. WAIVER FOR CERTAIN LICENSED DRINKING ESTABLISHMENTS.
a) Licensed drinking establishments which derive from sales of food for consumption on the licensed drinking establishment premises not in excess of 30% of its gross receipts from all sales of food and beverages on such premises in a 12-month period shall be eligible for a waiver from the requirements of this ordinance. In order to obtain such a waiver, application shall be made by the holder of the drinking establishment license verifying by sworn affidavit that the drinking establishment falls below the maximum food sales ratio. The city may, at is discretion and from time to time, require from the drinking establishment licensee copies of reports filed by the licensee with the Kansas Department of Alcohol and Beverage Control in order to verify licensee’s food sales ratio.
b) Drinking establishment licensees seeking to open a drinking establishment or substantially change operation of an existing establishment so that it may operate under the waiver for qualifying licensed drinking establishments shall provide a sworn affidavit and agreement which shall state that the licensee’s business plan projections indicate sales of food for consumption on the licensed drinking establishment premises shall not exceed 30% of its gross receipts from all sales of food and beverages on such premises. (Ordinance 1685)
709. RESPONSIBILITY OF PROPRIETORS. The proprietor or other person in charge of a place governed by this ordinance shall:
1) Post or cause to be posted in a conspicuous place including, but not limited to, the main public entrance(s), signage clearly stating that smoking is prohibited by law except in designated smoking areas. The person in charge of the premises shall also post or cause to be posted in a designated smoking area signage stating that smoking is permitted in such room or area;
2) Advise any person smoking in an area where smoking is prohibited that he or she is smoking in violation of city ordinance;
3) Advise any person who smokes in an area where smoking is prohibited by this ordinance to refrain from smoking and, if the person does not refrain from smoking after being asked to do so, shall ask the person to leave. If the offending person refuses to leave, the proprietor shall handle the situation consistent with lawful methods for handling persons acting in a disorderly manner or as a trespasser;
4) Remove all ashtrays and other smoking paraphernalia from areas where smoking is prohibited; and
5) In the case of restaurant located within a facility larger than the area used for the restaurant, comply with all physical separation and ventilation standards to prevent the drifting, permeation, or recirculation of smoke from any separate designated smoking area into the adjacent or connected areas of the restaurant. (Ordinance 1685)
710. PENALTIES. Violation of the prohibition against smoking in a restaurant set forth in this ordinance and violation of the responsibilities of proprietors and other persons in charge of a place governed by this ordinance shall be punishable by fine of not more than $500.00 or by imprisonment for not more than 6 months or both such fine and imprisonment. (Ordinance 1685)
711. ADMINISTRATIVE REGULATIONS. Rules and regulations pertaining to extensions of time for compliance-related construction, or other matters necessary for the implementation of this ordinance shall be adopted by resolution of the Governing Body. (Ordinance 1685)
712. SEVERABLE. This Article shall be liberally construed so as to further its purposes. If any provision, clause, sentence, or paragraph of this Article or the application thereof to any person or circumstances shall be held invalid, that invalidity shall not affect the other provisions of this Article which can be given effect without the invalid provision or application, and to this end the provisions of this Article are declared to be severable. (Ordinance 1685/1834)
CHAPTER IX. MUNICIPAL COURT
Article 1. General Provisions
ARTICLE 1. GENERAL PROVISIONS
9-101. MUNICIPAL COURT ESTABLISHED. There is hereby established a Municipal Court for the City of Lyons, Kansas. The Municipal Court shall have jurisdiction to hear and determine cases involving violations of the ordinances of the city. (Code 1939)
9-102. SAME; PRACTICE AND PROCEDURE. The Kansas code of procedure for Municipal Courts, as set forth in K.S.A. 12-4101 et seq. and all acts amendatory or supplemental thereto shall govern the practice and procedure in all cases in the Municipal Court. (Code 1989)
9-103. TIME AND PLACE OF SESSIONS. Municipal Court shall be held at least twice monthly at 8:00 a.m. on Saturdays. (Code 1976, 11-102; Code 1939)
9-104. MUNICIPAL JUDGE; APPOINTMENT. The Municipal Court shall be presided over by a Municipal Judge. The Mayor, subject to the approval of the City Council, shall appoint the judge of the Municipal Court. (Code 1976, 1-2 10; Code 1989)
9-105. SAME; ABSENCE; VACANCY; PRO TEM. In the event the Municipal Judge is temporarily unable to preside due to absence, illness or disqualification, the Municipal Judge shall designate an attorney or other qualified person to act as judge pro tempore. In the event the Municipal Judge fails to appoint a judge pro tempore, the judge pro tempore shall be appointed in the same manner as the Municipal Judge is selected. In the event a vacancy shall occur in the office of Municipal Judge, a successor shall be appointed to fill the unexpired term in the same manner as the Municipal Judge was appointed. (K.S.A. 12-4107; Code 1989)
9-106. SAME; POWERS AND DUTIES. The Municipal Judge shall have such powers and duties as set forth in the Kansas code of procedure for Municipal Courts (K.S.A. 12-4101 et seq.) and all acts amendatory or supplemental thereto. (Code 1976, 11-101; Code 1989)
9-107. SAME; SALARY. The Municipal Judge shall receive a salary as shall be fixed by resolution. (Code 1989)
9-108. COURT CLERK. There is hereby established the office of the clerk of the Municipal Court of the city, which office shall filled by appointment by Mayor and council. The duties of the office shall be those prescribed by the Code for Municipal Courts set forth in Chapter 12, Article 41 of the Kansas Statutes, and shall include the following duties:
(a) The clerk shall issue all process of the court, administer oaths, file and preserve all papers, docket cases and set same for trial and shall perform such further acts as may be necessary to carry out the duties and responsibilities of the court. The clerk shall receive, account for and pay to the City Clerk monthly all fines and forfeited bonds paid into the court. The clerk shall make reports to the judicial administrator and furnish the information when requested by him, her or a departmental justice on such forms furnished by the judicial administrator, and approved by the Supreme Court.
(b) The clerk of the Municipal Court shall within 10 days after selection and before entering upon the duties of office, execute to the city such bond as the Governing Body may require, which shall be approved by the Governing Body, and file in the office of the City Clerk, conditioned for the faithful performance of the duties required of him or her by law, and for the faithful application and payment of all moneys that may come into his or her hands in the execution of the duties of the office. The city shall pay the cost of such bond.
(c) The monthly salary of the clerk shall be fixed by resolution.
(d) A majority of all members of the council may remove the clerk appointed under the authority of this article, or for good cause the Mayor may temporarily suspend any such appointed clerk. (Code 2005)
9-109. PAYMENT OF FINE. Where a Municipal Court judgment against any person results in a fine and/or court costs only, the same shall be satisfied by paying the amount of such fine and/or court costs to the Municipal Court immediately on the rendition of judgment, or at such time as the Municipal Judge shall determine. (Code 1989)
9-110. SAME; FAILURE TO PAY SEPARATE VIOLATION. It shall be unlawful for any person to willfully fail to pay any lawfully imposed fine for a violation of any law of the city within the time authorized by the court and without lawful excuse having been presented to the court on or before the date the fine is due. Such conduct constitutes a violation of this article, regardless of the full payment of the fine after such time. (Code 1989)
9-111. FAILURE TO APPEAR.
(a) It shall be unlawful for any person charged with violation of any law of the city to fail to appear before the Municipal Court when so scheduled to appear, unless lawful excuse for absence is presented to the court on or before the time and date scheduled for appearance.
(b) For the purpose of subsection (a), failure to appear shall include willfully incurring a forfeiture of an appearance bond and failure to surrender oneself within 30 days following the date of such forfeiture by one who is charged with a violation of the laws of the city and has been released on bond for appearance before the Municipal Court for trial or other proceeding prior to conviction, or willfully incurring a forfeiture of an appearance bond and failing to surrender oneself within 30 days after his or her conviction of a violation of the laws of the city has become final by one who has been released on an appearance bond by any court of this state.
(c) Any person who is released upon his or her own recognizance, without surety, or who fails to appear in response to a summons, notice to appear, or traffic citation duly served upon him or her personally shall be deemed a person released on bond for appearance within the meaning of subsection (b) of this section.
(d) Failure to appear, upon conviction thereof, shall be punishable by incarceration for up to 30 days and/or a fine of up to $250.00. (Code 1989)
9-112. COURT COSTS. City of Lyons Municipal Court costs is determined by ordinance. (Code 2005)
CHAPTER X. POLICE
Article 1. Police Department
Article 2. Property in Police Custody
ARTICLE 1. POLICE DEPARTMENT
10-101. POLICE DEPARTMENT. The law enforcement department shall consist of a Chief of Police and such number of regular law enforcement officers as authorized by the Governing Body. (Code 2005)
10-102. LAW ENFORCEMENT PERSONNEL; GENERAL DUTIES. It shall be the general duty of the Chief of Police and all sworn law enforcement personnel to the best of their ability to preserve good order, peace and quiet throughout the city as provided by law or ordinance.
The Chief of Police and all sworn law enforcement personnel shall at all times have power to make arrest under proper process or without process on view of any offense against the laws of the State of Kansas or laws of the city and to keep all persons so arrested, unless admitted to bail, in the city jail, county jail or other proper place to prevent their escape until their trial can be had before the proper officer.
All persons arrested for violation of any law of the state and who shall not be charged with an offense under any law of the city shall be released to the custody of the sheriff of the county and such arrest shall be reported to the county attorney. (Code 1976, 2-102:104; Code 1989)
10-103. RULES AND REGULATIONS. The Chief of Police shall have power to make such rules and regulations as may be necessary for the proper and efficient conduct of the department. Such rules and regulations shall be approved by the Governing Body. (Code 1989)
10-104. SUPERVISION OF DEPARTMENT. The Chief of Police shall be under the supervision of the Mayor and City Administrator and shall have immediate superintendency and control over the Police Department at all times. Law enforcement personnel shall be subject to the orders of the Chief of Police. (Code 1976, 1-211, 12-105; Code 1989)
ARTICLE 2. PROPERTY IN POLICE CUSTODY
10-201. REGULATIONS. The Police Department is required to establish regulations detailing the collection, storage, and inventory of property, which may come under its control, by any manner. (Code 1989)
10-202. DISPOSITION. Any property which has been acquired or turned over to the Police Department and has been classified in accordance with procedures existing in the Police Department as unclaimed or for which the proper owner cannot be ascertained shall be kept for a minimum of 90 days and which is not needed as evidence in any case. After a period of 90 days, such property, except as provided in section 10-203, may be sold at public auction to the highest bidder and the proceeds after expenses shall be paid to the city general fund. (Code 1989)
10-203. SAME; EXEMPT PROPERTY. The following classes of property shall be considered exceptions to section 10-202 and shall be dealt with in the following manner:
(a) Cash money shall be turned over to the city general fund unless it shall be determined to have collector’s value, in which case it shall be auctioned according to the provisions in section 10-202.
(b) Firearms, which are available for disposition, may be dealt with in the following manner:
(1) If compatible with law enforcement usage, they may be turned over to the Police Department inventory.
(2) They may be sold to a firearms dealer who maintains the appropriate federal firearms license.
(3) They may be destroyed.
(4) They may be transferred or sold to a law enforcement agency of this state, or the Kansas Bureau of Investigation laboratory.
(c) Other weapons such as knives, etc., which are deemed to have a legitimate value may be sold at auction, however, homemade weapons or weapons of a contraband nature shall be destroyed.
(d) Any items determined to be contraband such as explosives, narcotics, etc., shall be destroyed.
(e) Items of a(Code 2005) pharmaceutical nature, which, while not contraband when properly dispensed, or which are of an over-the-counter-variety, shall be destroyed.
(f) Foodstuffs, if sealed and undamaged may be turned over to any appropriate social service agency or destroyed, but shall not be auctioned.
(g) Alcohol products such as beer, wine, whiskey, etc., shall be destroyed. (Code 1989)
10-204. CLAIMING PROPERTY. The Police Department shall be required to make reasonable attempts to locate the owner of any property in storage. However, the responsibility for claiming and identifying any such property shall rest solely with the owner. (Code 1989)
10-205. PROOF OF OWNERSHIP. Claimants to any property in police storage shall be required to present reasonable proof of ownership and no property shall be released unless such reasonable proof is presented. (Code 1989)
10-206. AUCTION. At such time as it has been determined that an auction is necessary to dispose of unclaimed property, an inventory listing all property to be disposed of shall be prepared and kept on file in the Police Department. Notice of an auction shall be published at least twice in a general circulation newspaper prior to the date of the auction. The notice shall specify the date, time and place of the auction and shall also notify prospective buyers or potential claimants that a list of items to be auctioned is available at the Police Department and any claims on property must be made prior to the start of the auction. (Code 1989)
CHAPTER XI. PUBLIC OFFENSES
Article 1. Uniform Offense Code
Article 2. Local Regulations
ARTICLE 1. UNFORM OFFENSE CODE
11-101. INCORPORATING UNIFORM PUBLIC OFFENSE CODE. The Governing Body will review annually and incorporate by ordinance for the purpose of regulating public offenses within the corporate limits of the City of Lyons, Kansas, that certain code known as the “Uniform Public Offense Code”, prepared and published in book from by the League of Kansas Municipalities, Topeka, Kansas, save and except such articles, sections, parts or portions as are hereafter omitted, deleted, modified or changed. No fewer than three copies of said Uniform Pubic Offense Code shall be marked or stamped “Official Copy as Adopted by the Code of the City of Lyons,” with all sections or portions thereof intended to be omitted or changed clearly marked to show any such omission or change and to which shall be attached a copy of this ordinance, and filed with the City Clerk to be open to inspection and available to the public at all reasonable hours. (Ordinance 1735)
ARTICLE 2. LOCAL REGULATIONS
11-201. CURFEW; MINORS. It shall be unlawful for any child under the age of 18 years to wander, lounge, loaf, loiter, congregate in groups, or play in, about, or upon any public street, accessible to the general public for public use, whether on foot or in a vehicle or by any other means of conveyance after the hour of 11:00 p.m. Sunday through Thursday until 6:00 a.m. the following morning unless accompanied by a parent, legal guardian, or other person exercising legal custody of such child. The activities as prohibited herein shall be prohibited between the hours of 1:00 a.m. to 6:00 a.m. on Saturday and Sunday mornings. (Code 2005)
11-202. SAME; PARENT, GUARDIAN; RESPONSIBILITY. It shall be unlawful for any parent, legal guardian, or other person lawfully entitled to the care, custody and control of any child under the age of 18 years to suffer, permit, or allow such child to be in violation of the provisions of section 11-201 of this article. (Code 1976, 13-1202)
11-203. SAME; PENALTY. Any child, parent, legal guardian, or other person lawfully entitled to the care, custody and control of any child under the age of 18 years violating any of the provisions of this article shall, upon conviction thereof be punished by a fine of not less than $10.00 and not more than $100.00 or by imprisonment not exceeding three months or by both. (Code 1976, 13-203)
TABLE OF CONTENTS
UNIFORM PUBLIC OFFENSE CODE
FOR KANSAS CITIES
ARTICLE 1. GENERAL PROVISIONS
DEFINITIONS
LIABILITY FOR OFFENSES OF ANOTHER
CORPORATIONS: CRIMINAL RESPONSIBILITY; INDIVIDUAL LIABILITY
ARTICLE 2. ANTICIPATORY OFFENSES
USE OF FORCE IN RESISTING ARREST
ATTEMPT
CONSPIRACY
ARTICLE 3. OFFENSES AGAINST PERSONS
BATTERY
BATTERY AGAINST A LAW ENFORCEMENT OFFICER
VEHICULAR BATTERY
ASSAULT
ASSAULT OF A LAW ENFORCEMENT OFFICER.
UNLAWFUL INTERFERENCE WITH FIREFIGHTER
UNLAWFULRESTRAINT
MISTREATMENT OF CONFINED PERSON
ARTICLE 4. SEX OFFENSES
LEWD, LASCIVIOUS BEHAVIOR
INDECENT SOLICITATION OF CHILD
PROSTITUTION
PROMOTING PROSTITUTION
PATRONIZING A PROSTITUTE
ARTICLE 5. OFFENSES AFFECTING CHILDREN
CONTRIBUTING TO A CHILD’S MISCONDUCT OR DEPRIVATION.
FURNISHING INTOXICANTS TO MINOR
FURNISHING CEREAL MALT BEVERAGE TO A MINOR
ENDANGERING A CHILD
ARTICLE 6. OFFENSES AGAINST PROPERTY
THEFT
INTENT; PERMANENTLY DEPRIVE
THEFT; LOST, MISLAID PROPERTY
THEFT OF SERVICES
UNLAWFUL DEPRIVATION OF PROPERTY
CRIMINAL DAMAGE TO PROPERTY
CRIMINAL TRESPASS
LITTERING
TAMPERING WITH A LANDMARK
TAMPERING WITH TRAFFIC SIGNAL
UNLAWFUL MANUFACTURE OR DISPOSAL OF FALSE TOKENS
SERIAL NUMBERS
WITHHOLDING POSSESSION OF PUBLIC PROPERTY
UNLAWFUL DEPOSITS IN SEWERS
DAMAGING SEWERS
ARTICLE 7. OFFENSES AFFECTING GOVERNMENTAL FUNCTIONS
COMPOUNDING AN OFFENSE
OBSTRUCTING LEGAL PROCESS OR OFFICIAL DUTY
ESCAPE FROM CUSTODY
INTERFERENCE; ADMINISTRATION OF JUSTICE
FALSELY REPORTING AN OFFENSE
PERFORMANCE OF UNAUTHORIZED OFFICIAL ACT
SIMULATING LEGAL PROCESS
TAMPERING WITH PUBLIC RECORD
TAMPERING WITH PUBLIC NOTICE
FALSE SIGNING OF PETITION
FALSE IMPERSONATION
INTERFERENCE; CONDUCT, PUBLIC BUSINESS IN PUBLIC BUILDING
INTERFERENCE WITH POLICE DOGS
ARTICLE 8. DENIAL OF CIVIL RIGHTS
DENIAL OF CIVIL RIGHTS
ARTICLE 9. OFFENSES AGAINST PUBLIC PEACE
DISORDERLY CONDUCT
UNLAWFUL ASSEMBLY
REMAINING AT UNLAWFUL ASSEMBLY
RIOT
MAINTAINING PUBLIC NUISANCE
PERMITTING PUBLIC NUISANCE
GIVING A FALSE ALARM
CRIMINAL DESECRATION
DESECRATING CEMETERY
DESECRATION OF FLAGS
HARASSMENT BY TELEPHONE
ARTICLE 10. OFFENSES AGAINST PUBLIC SAFETY
UNLAWFUL USE OF WEAPONS
DRAWING A WEAPON UPON ANOTHER
UNLAWFUL DISPOSAL OF FIREARMS
CONFISCATION, DISPOSITION OF WEAPONS
UNLAWFUL DISCHARGE OF FIREARMS
AIR GUN, AIR RIFLE, BOW AND ARROW, SLINGSHOT OR BB GUN
SEIZURE OF WEAPON
UNLAWFUL AIDING, ABETTING
CARRYING CONCEALED EXPLOSIVES
DEFACING IDENTIFICATION MARKS OF A FIREARM
CREATING A HAZARD
UNLAWFUL FAILURE TO REPORT WOUND
BARBED WIRE
ARTICLE 11. OFFENSES AGAINST PUBLIC MORALS
PROMOTING OBSCENITY
SAME; DEFINED
SAME; DEFENSE
SAME; PENALTY
PROMOTING OBSCENITY TO MINORS.
SAME; DEFENSE
SAME; PENALTY
MATERIAL HARMFUL TO MINORS
GAMBLING
PERMITTING PREMISES TO BE USED FOR COMMERCIAL GAMBLING.
POSSESSION OF GAMBLING DEVICE
ARTICLE 12. VIOLATIONS, PENALTIES
CLASSES OF VIOLATIONS AND CONFINEMENT
FINES
ARTICLE 13. MISCELLANEOUS
APPLICATION; KANSAS CRIMINAL CODE
SEVERABILITY
LOUD AND UNNECESSARY NOISE
ARTICLE 1. GENERAL PROVISIONS
1.1 DEFINITIONS. The following definitions shall apply when the words and phrases defined are used in this code except when a particular context clearly requires a different meaning.
(a) Act includes a failure or omission to take action.
(b) Air gun or air rifle is any device whether or not in the shape and form commonly associated with the terms pistol, sidearm, small arm, rifle, shotgun, or any other type of gun designed to forcibly expel from an opening therein any pellet or BB shot, and whether operating from and upon compressed air or mechanical or elastic spring work or otherwise.
(c) Alcoholic beverage or alcoholic liquor means alcohol, spirits, wine, beer and every liquid or solid, patented or not, containing alcohol, spirits, wine or beer and capable of being consumed as a beverage by a human being, but shall not include any cereal malt beverage.
(d) Another means a person or persons as defined in this code other than the person whose act is claimed to be an offense.
(e) Cereal malt beverage means any fermented but undistilled liquor brewed or made from a malt or from a mixture of malt or malt substitute, but does not include any such liquor, which contains more than 3.2 percent alcohol by weight.
(f) City or this city means all land and water either within or outside the boundary of the city over which the city has either exclusive or concurrent jurisdiction, and the air space above such land and water.
(g) Conduct means an act or series of acts, and the accompanying mental state.
(h) Conviction includes a judgment of guilt entered upon a plea or finding of guilt.
(i) Deception means knowingly and willfully making a false statement or representation, express or implied, pertaining to a present or past existing fact.
(j) To deprive permanently means to:
(1) Take from the owner the possession or use or benefit of the owner’s property, without intent to restore the same; or
(2) Retain property without intent to restore the same or with intent to restore to the owner only if the owner purchases or leases it back, or pays a reward or compensation for its return; or
(3) Sell, give, pledge or otherwise dispose of any interest in property or subject it to the claim of a person other than the owner.
(k) Dwelling means a building or portion thereof, a tent, a vehicle, or other enclosed place, which is used or intended for use as a human habitation, home or residence.
(1) Intent to defraud means an intention to deceive another person, and to induce such other person, in reliance upon such deception, to assume, create, transfer, alter or terminate a right, obligation or power with reference to property.
(m) Law enforcement officer means any person who by virtue of his or her office of public employment is vested by law with a duty to maintain public order or to make arrest for offenses, whether that duty extends to all offenses or is limited to specific offenses.
(n) Obtain means to bring about a transfer of interest in or possession of property, whether to the offender or to another.
(o) Obtains or exerts control over property includes but is not limited to, the taking, carrying away, or the sale, conveyance or transfer of title to, interest in, or possession of property.
(p) Owner means a person who has any interest in property.
(q) Person means an individual, public or private corporation, government, partnership or unincorporated association.
(r) Personal property means goods, chattels, effects, evidences of rights in action and all written instruments by which any pecuniary obligation, or any right or title to property, real or personal, shall be created, acknowledged, assigned, transferred, increased, defeated, discharged or dismissed.
(s) Property means anything of value, tangible or intangible, real or personal.
(t) Prosecution means all legal proceedings by which a person’s liability for an offense is determined.
(u) Public employee is a person employed by or acting for the city and who is not a public officer.
(v) Public offense or offense means an act or omission defined by this code which, upon conviction, is punishable by fine, confinement or both fine and confinement.
(w) Public officer includes the following whether elected or appointed.
(1) An executive or administrative officer of the city;
(2) A member of the Governing Body of the city;
(3) A judicial officer, which shall include a judge, Municipal Judge, magistrate, juror, master or any other person appointed by a judge or court to hear or determine a cause of controversy;
(4) A hearing officer shall include any person authorized by law or private agreement, to hear or determine a cause or controversy and who is not a judicial officer;
(5) A law enforcement officer or public safety officer;
(6) Any other person exercising the functions of a public officer under color of right.
(x) Real property or real estate means every estate, interest and right in lands, tenements and hereditaments.
(y) Solicit or solicitation means to command, authorize, urge, incite, request or advise another to commit an offense.
(z) Stolen property means property over which control has been obtained by theft.
(aa) Threat means a communicated intent to inflict physical or other harm on any person or on property.
(bb) Written instrument means any paper, document, or other instrument containing written or printed matter or the equivalent thereof, used for the purpose of reciting, embodying, conveying or recording information, and any money, tokens, stamps, seal, badge, trademark, or other evidence or symbol of value, right, privilege or identification, which is being capable of being used to the advantage or disadvantage of some person. (K.S.A. 21-3 110; K.S.A. Supp. 41-102; K.S.A. Supp. 41-2701)
1.2 LIABILITY FOR OFFENSES OF ANOTHER.
(a) A person is criminally responsible for an offense committed by another if the person intentionally aids, abets, advises, hires, counsels or procures the other to commit the offense;
(b) A person liable under subsection (a) hereof is also liable for any other offense committed in pursuance of the intended offense if reasonably foreseeable by him or her as a probable consequence of committing or attempting to commit the offense intended;
(c) A person liable under this section may be charged with and convicted of the offense although the person alleged to have directly committed the act constituting the offense lacked capacity to commit the offense or has not been convicted or has been acquitted or has been convicted of some other degree of the offense or of some other offense based on the same act. (K.S.A. 21-3205)
3. CORPORATIONS: CRIMINAL RESPONSIBILITY; INDIVIDUAL LIABILITY.
(a) Corporations; Criminal Responsibility.
(1) A corporation is criminally responsible for acts committed by its agents when acting within the scope of their authority.
(2) Agent means any director, officer, servant, employee or other person who is authorized to act in behalf of the corporation.
(b) Individual Liability for Corporate Offenses.
(1) An individual who commits public offenses, or causes public offenses to be performed, in the name of or on behalf of a corporation is legally responsible to the same extent as if such acts were in his or her own name or on his or her own behalf;
(2) An individual who has been convicted of an offense based on conduct performed by the individual for and on behalf of a corporation is subject to punishment as an individual upon conviction of such offense, although a lesser or different punishment is authorized for the corporation. (K.S.A. 21-3206:21-3207)
ARTICLE 2. ANTICIPATORY OFFENSES
2.1 USE OF FORCE IN RESISTING ARREST. A person is not authorized to use force to resist arrest, which he or she knows is being made either by a law enforcement officer or by a private person summoned and directed by a law enforcement officer to make the arrest, even if the person arrested believes that the arrest is unlawful. (K.5.A. 21-3217)
2.2 ATTEMPT. An attempt to commit any public offense is:
(a) Any overt act toward the perpetration of an offense done by a person who intends to commit such offense but fails in the perpetration thereof or is prevented or intercepted in executing such offense.
(b) It shall not be a defense to a charge of attempt that the circumstances under which the act was performed or the means employed or the act itself were such that the commission of the offense was not possible. (K.S.A. Supp. 21-3301)
An attempt to commit any public offense is a Class C violation.
2.3 CONSPIRACY. A conspiracy to commit a public offense is:
(a) An agreement with another person to commit an offense made unlawful by this code, or to assist to commit an offense made unlawful by this code. No person may be convicted of a conspiracy unless an overt act in the furtherance of such conspiracy is alleged and proved to have been committed by him or her or by a co-conspirator.
(b) It shall be a defense to a charge of conspiracy that the accused voluntarily and in good faith withdrew from the conspiracy, and communicated the fact of such withdrawal to one or more of his or her coconspirators, before any overt act in furtherance of the conspiracy has been committed by the accused or by a co-conspirator. (K.S.A. 21-3302)
ARTICLE 3. OFFENSES AGAINST PERSONS
3.1 BATTERY. Battery is the unlawful, intentional touching or application of force to the person of another, when done in a rude, insolent or angry manner. (K.S.A. 21-3412)
Battery is a Class B violation.
3.2 BATTERY AGAINST A LAW ENFORCEMENT OFFICER. Battery against a law enforcement officer is a battery, as defined in Section 3.1 of this article, committed against a uniformed or properly identified state, county or city law enforcement officer while such officer is engaged in the performance of his or her duty. (K.S.A. 21-3413)
Battery against a law enforcement officer is a Class A violation.
3.25 VEHICULAR BATTERY.
(a) Vehicular battery is unintentionally causing bodily harm to another human being which is done while committing a violation of K.S.A. 8-1566, 8-1567 or 8-1568, and amendments thereto, or any ordinance of this city which prohibits any of the acts prohibited by those statutes.
(b) Vehicular battery is a class A violation if the violation is committed while committing a violation of K.S.A. 8-1566 or K.S.A. 8-1568 and amendments thereto or any ordinance of this city which prohibits any acts prohibited by those statutes. If the violation is committed while committing a violation of KS.A. 8-1567 and amendments thereto or any ordinance of this city which prohibits any acts prohibited by that statute, the offender shall:
(1) Be fined not less than $1,000.00;
(2) Not be eligible for release on probation, suspension or reduction of sentence or parole until the person has served at least 90 days’ imprisonment;
(3) Be required, as a condition of any grant of probation, suspension or reduction of sentence, parole or other release, to enter into and successfully complete an alcohol and drug safety action program or a treatment program as provided in K.S.A. 8-1008 and amendments thereto, or both the education and treatment programs; and
(4) Have driving privileges suspended, or suspended and restricted, as provided by section 7 of 1988 Session Laws of Kansas, Chapter 47.
(c) As used in this section, bodily injury means great bodily harm, disfigurement or dismemberment. (1988 Session Laws of Kansas, Chapter 47)
3.3 ASSAULT. An assault is an intentional threat or attempt to do bodily harm to another coupled with apparent ability and resulting in immediate apprehension of bodily harm. No bodily contact is necessary. (K.S.A. 21-3408)
Assault is a Class C violation.
3.4 ASSAULT OF A LAW ENFORCEMENT OFFICER. Assault of a law enforcement officer is an assault, as defined in Section 3.3 of this article, committed against a uniformed or properly identified state, county or city law enforcement officer while such officer is engaged in the performance of his or her duty. (K.S.A. 21-3409)
Assault of a law enforcement officer is a Class A violation.
3.5 UNLAWFUL INTERFERENCE WITH FIRE FIGHTER. Unlawful interference with a fire fighter is knowingly and intentionally interfering with, molesting or assaulting, any fire fighter while engaged in the performance of his or her duties, or knowingly and intentionally obstructing, interfering with or impeding the efforts of any fire fighter to reach the location of a fire. (K.S.A. 21-3416)
Unlawful interference with a fire fighter is a Class B violation.
3.6 UNLAWFUL RESTRAINT. Unlawful restraint is knowingly and without legal authority restraining another so as to interfere substantially with his or her liberty. This section shall not apply to acts done in the performance of duty by any authorized law enforcement officer of the city. Any merchant, his or her agent or employee, who has probable cause to believe that a person has actual possession of and
(a) Has wrongfully taken; or
(b) Is about to wrongfully take merchandise from a mercantile establishment may detain such person:
(1) On the premises; or
(2) In the immediate vicinity thereof, in a reasonable manner and for a reasonable period of time for the purpose of investigating the circumstances of such possession.
Such reasonable detention shall not constitute an arrest nor an unlawful restraint. (K.S.A. 21-3424)
Unlawful restraint is a Class A violation.
3.7 MISTREATMENT OF CONFINED PERSON. Mistreatment of a confined person is the intentional abuse, neglect or ill-treatment of any person, who is detained or confined and who is physically disabled, mentally ill or mentally retarded or whose detention or confinement is involuntary, by any law enforcement officer or by any person in charge of or employed by the owner or operator of any correctional institution, any public or private hospital or nursing home. (K.S.A. Supp. 2 1-3425)
Mistreatment of a confined person is a Class A violation.
ARTICLE 4. SEX OFFENSES
4.1 LEWD, LASCIVIOUS BEHAVIOR. Lewd and lascivious behavior is:
(a) Engaging in sexual intercourse or sodomy with any person or animal with knowledge or reasonable anticipation that the participants are being viewed by others; or
(b) The exposure of a sex organ in a public place, or in the presence of a person who is not the spouse of the offender and who has not consented thereto, with intent to arouse or gratify the sexual desires of the offender or another. (K.S.A. Supp. 21-3508)
Lewd and lascivious behavior is a Class B violation.
4.2 INDECENT SOLICITATION OF CHILD. Indecent solicitation of a child is the accosting, enticing, or soliciting of a child under the age of 16 years to commit or to submit to an unlawful sexual act. (K.S.A. 21-3510)
Indecent solicitation of a child is a Class A violation.
4.3 PROSTITUTION. Prostitution is performing for hire, or offering or agreeing to perform for hire where there is an exchange of value, any of the following acts:
(a) Sexual intercourse;
(b) Sodomy; or
(c) Manual or other bodily contact stimulation of the genitals of any person with the intent to arouse or gratify the sexual desires of the offender or another. (K.S.A. Supp. 21-3512)
Prostitution is a Class B violation.
4.4 PROMOTING PROSTITUTION. Promoting prostitution is:
(a) Establishing, owning, maintaining or managing a house of prostitution, or participating in the establishment, ownership, maintenance, or management thereof;
(b) Permitting any place partially or wholly owned or controlled by the defendant to be used as a house of prostitution;
(c) Procuring a prostitute for a house of prostitution;
(d) Inducing another to become a prostitute;
(e) Soliciting a patron for a prostitute or for a house of prostitution;
(f) Procuring a prostitute for a patron;
(g) Procuring transportation or paying for the transportation of, or transporting a person within this city with the intention of assisting or promoting that person’s engaging in prostitution;
(h) Being employed to perform any act that is prohibited by this section. (K.S.A. Supp. 21-3513)
Promoting prostitution is a Class A violation except as provided by K.S.A. Supp. 21-3513 where promoting prostitution is a Class E. felony when the prostitute is under 16 years of age.
4.5 PATRONIZING A PROSTITUTE. Patronizing a prostitute is either:
(a) Knowingly entering or remaining in a house of prostitution with intent to engage in sexual intercourse, sodomy or any unlawful sexual act with a prostitute; or
(b) Knowingly hiring a prostitute to engage in sexual intercourse, sodomy or any unlawful sexual act. (K.S.A. Supp. 2 1-3515)
Patronizing a prostitute is a Class C violation.
ARTICLE 5. OFFENSES AFFECTING CHILDREN
5.1 CONTRIBUTING TO A CHILD’S MISCONDUCT OR DEPRIVATION.
(a) Contributing to a child’s misconduct or deprivation is causing or encouraging a child under 18 years of age:
(1) To become or remain a traffic offender, child in need of care as defined by the Kansas code for care of children or a juvenile offender as defined by the Kansas juvenile offenders code;
(2) Not to attend school as required by law;
(3) To commit an act which, if committed by an adult, would be a public offense; or
(4) Failure to reveal, upon inquiry by a uniformed or properly identified law enforcement officer engaged in the performance of such officer’s duty, any information one has regarding a runaway, with intent to aid the runaway in avoiding detection or apprehension.
Contributing to a child’s misconduct or deprivation is a Class A violation.
(b) A person may be found guilty of contributing to a child’s misconduct or deprivation even though no prosecution of the child whose misconduct or deprivation the defendant caused or encouraged has been commenced in municipal or district court. (K.S.A. Supp. 21-3612)
5.2 FURNISHING INTOXICANTS TO MINOR. Furnishing intoxicants to a minor is directly or indirectly, selling to, buying for, giving or furnishing any intoxicating liquor to any person under the age of 21 years. (K.S.A. 21-3610)
Furnishing intoxicants to a minor is a Class B violation.
5.3 FURNISHING CEREAL MALT BEVERAGE TO A MINOR.
(a) Furnishing cereal malt beverage to a minor is buying for or selling, giving or furnishing, whether directly or indirectly, any cereal malt beverage to any person under the legal age for consumption of cereal malt beverage as provided by K.S.A. Supp. 41-2701.
(b) Furnishing cereal malt beverage to a minor is a Class B violation.
(c) This section shall not apply to the furnishing of cereal malt beverage by a parent or legal guardian to such parent’s child or such guardian’s ward.
5.4 ENDANGERING A CHILD.
(a) Endangering a child is willfully:
(1) Causing or permitting a child under the age of 18 years to suffer unjustifiable physical pain or mental distress; or
(2) Unreasonably causing or permitting a child under the age of 18 years to be placed in a situation in which its life, body or health may be injured or endangered.
(3) Nothing in this section shall be construed to mean a child is endangered for the sole reason his or her parent or guardian, in good faith, selects and depends upon spiritual means alone through prayer, in accordance with the tenets and practice of a church or religious denomination, for the treatment or cure of disease or remedial care of such child. (K.S.A. 21-3608)
(b) Endangering a child is a Class A violation.
ARTICLE 6. OFFENSES AGAINST PROPERTY
6.1 THEFT. Theft is any of the following acts done with the intent to deprive the owner permanently of the possession, use or benefit of the owner’s property:
(a) Obtaining or exerting unauthorized control over property; or
(b) Obtaining by deception, control over property; or
(c) Obtaining by threat, control over property; or
(d) Obtaining control over stolen property knowing the property to have been stolen by another. (K.S.A. Supp. 21-3701 as amended).
Theft of property of the value of less than $500.00 is a Class A violation.
6.2 INTENT; PERMANENTLY DEPRIVE.
(a) In any prosecution under this article, the following shall be prima facie evidence of intent to permanently deprive the owner or lessor of property of the possession, use or benefit thereof:
(1) The giving of a false identification or fictitious name, address or place of employment at the time of obtaining control over the property; or
(2) The failure of a person who leases or rents personal property and fails to return the same within 10 days after the date set forth in the lease or rental agreement for the return of the property, if notice is given to the person renting or leasing the property to return the property within seven days after receipt of the notice, in which case the subsequent return of the property within the seven-day period shall exempt such transaction from consideration as prima facie evidence as provided in this section.
(b) In any prosecution in which the object of the alleged theft is a book or other material borrowed from a library, it shall be prima facie evidence of intent to permanently deprive the owner of the possession, use or benefit thereof if the defendant failed to return such book or material within 30 days after receiving notice from the library requesting its return, in which case the subsequent return of the book or material within the 30-day period shall exempt such transaction from consideration as prima facie evidence as provided in this section.
(c) The word notice as used herein shall be construed to mean notice in writing and such notice in writing will be presumed to have been given three days following deposit of the notice as registered or certified matter in the United States mail, addressed to such person who has leased or rented the personal property or borrowed the library materials at the address as it appears in the information supplied by such person at the time of such leasing, renting or borrowing, or to such person’s last known address. (K.S.A. Supp. 21-3702)
6.3 THEFT; LOST, MISLAID PROPERTY. Theft of lost or mislaid property is failure to take reasonable measures to restore lost or mislaid property to the owner by a person who has obtained control of such property, who knows or learns the identity of the owner thereof, and who intends to deprive the owner permanently of the possession, use or benefit of the property. (K.S.A. 2 1-3703)
Theft of lost or mislaid property is a Class A violation.
6.4 THEFT OF SERVICES. Theft of services is obtaining services from another by deception, threat, coercion, stealth, tampering or use of false token or device. Services within the meaning of this section, includes, but is not limited to, labor, professional service, cable television service, public or municipal utility or transportation service, telephone service, entertainment and the supplying of equipment for use. (K.S.A. Supp. 2 1-3704 as amended)
Theft of services of the value of less than $500.00 is a Class A violation.
6.5 UNLAWFUL DEPRIVATION OF PROPERTY. Unlawful deprivation of property is obtaining or exerting unauthorized control over property, with intent to deprive the owner of temporary use thereof, without the owner’s consent but not with the intent of depriving the owner permanently of the possession, use or benefit of his or her property. (K.S.A. 21-3705)
Unlawful deprivation of property is a Class A violation.
6.6 CRIMINAL DAMAGE TO PROPERTY. Criminal damage to property is by means other than by fire or explosive:
(a) Willfully injuring, damaging, mutilating, defacing, destroying, or substantially impairing the use of any property in which another has an interest without the consent of such other person; or
(b) Injuring, damaging, mutilating, defacing, destroying or substantially impairing the use of any property with intent to injure or defraud an insurer or lien holder. (K.S.A. Supp. 21-3720)
Criminal damage to property is a Class A violation if the property damaged by such acts is of the value of less than $150.00 or is of the value of $150.00 or more and is damaged to the extent of less than $150.00.
6.7 CRIMINAL TRESPASS. Criminal trespass is entering or remaining upon or in any land, structure, vehicle, aircraft or watercraft by a person who knows he or she is not authorized or privileged to do so, and:
(a) Such person enters or remains therein in defiance of an order not to enter or to leave such premises or property personally communicated to such person by the owner thereof or other authorized person; or
(b) Such premises or property are posted in a manner reasonably likely to come to the attention of intruders, or are locked or fenced or otherwise enclosed, or shut or secured against passage or entry; or
(c) Such person enters or remains therein in defiance of a restraining order issued by a court of competent jurisdiction and the restraining order has been personally served upon the person so restrained. (K.S.A. Supp. 2 1-3721)
Criminal trespass is a Class B violation.
6.8 LITTERING. Littering is dumping, throwing, placing, depositing or leaving or causing to be dumped, thrown, deposited or left any refuse of any kind or any object or substance which tends to pollute, mar or deface, into, upon or about:
(a) Any public street, highway, alley, road, right-of-way, park or other public place, or any lake, stream, watercourse, or other body of water except by direction of some public officer or employee authorized by law to direct or permit such acts; or
(b) Any private property without the consent of the owner or occupant of such property. (K.S.A. 21-3722)
Littering is a Class C violation.
6.9 TAMPERING WITH A LANDMARK. Tampering with a landmark is willfully and maliciously:
(a) Removing any monument of stone or other durable material, established or created for the purpose of designating the corner of or any other point upon the boundary of any lot or tract of land, or of the state, or any legal subdivision thereof; or
(b) Defacing or altering marks upon any tree, post or other monument, made for the purpose of designating any point on such boundary; or
(c) Cutting down or removing any tree, post or other monument upon which any such marks have been made for such purpose, with intent to destroy such marks; or
(d) Breaking, destroying, removing or defacing any milepost, milestone or guideboard erected by authority of law on any public highway or road; or
(e) Defacing or altering any inscription on any such marker or monument; or
(f) Altering, removing, damaging or destroying any public land survey corner or accessory without complying with the provisions of K.S.A. 58-2011. (K.S.A. Supp. 21-3724)
Tampering with a landmark is a Class C violation.
6.10 TAMPERING WITH TRAFFIC SIGNAL. Tampering with a traffic signal is intentionally manipulating, altering, destroying or removing any light, sign, marker, railroad switching device, or other signal device erected or installed for the purpose of controlling or directing the movement of motor vehicles, railroad trains, aircraft or watercraft. (K.S.A. 21-3725)
Tampering with a traffic signal is a Class C violation.
6.11 UNLAWFUL MANUFACTURE OR DISPOSAL OF FALSE TOKENS.
(a) The unlawful manufacture or disposal of false tokens is manufacturing, offering for sale or giving away any false token, slug, substance, false or spurious coin or other device intended or calculated to be placed or deposited in any automatic vending machine, coin-operated telephone, parking meter or other such receptacle with intent to cheat or defraud the owner, lessee, licensee or other person entitled to the contents of such automatic vending machine, coin-operated telephone, parking meter or other receptacle designed to receive coins or currency of the United States of America in connection with the sale, use or enjoyment of property or services.
(b) The manufacture, advertising, offering for sale or distribution of any such slug, device or substance shall be prima facie evidence of an intent to cheat or defraud within the meaning of this section. (K.S.A. 21-3730)
Unlawful manufacture or disposal of false tokens is a Class B violation.
6.12 SERIAL NUMBERS.
(a) It shall be unlawful for any person to willfully change, cover, alter, remove, obliterate or deface any serial number or other manufacturer’s number of any identification letters, words, or numbers of any machine, apparatus, or article that carries a manufacturer’s serial number of any other identification letters, words or numbers, with the intent to conceal the identify of such machine, apparatus, or article from the rightful owner thereof or from law enforcement personnel.
(b) It shall be unlawful for any person to knowingly buy, sell, receive, barter, trade, dispose of or have in his or her possession any articles, devices, apparatuses, or machines from which the manufacturer’s number or identification letters, words or numbers have been changed, covered, altered, removed, obliterated, defaced or destroyed with the intent to conceal the identity thereof from the rightful owner or from law enforcement personnel.
(c) Possession of any of the a forenamed manufacturer’s articles, devices, apparatuses or machines from which the manufacturer’s serial number of other manufacturer’s number or identification mark, or the name of the manufacturer or make or model, or any other identification letters, words or numbers have been changed, covered, altered, removed, obliterated, defaced, or destroyed shall be prima facie evidence that the possessor has changed, covered, altered, removed, obliterated, defaced, or destroyed the same with the intent to cancel, destroy or misrepresent the identity or type, or ownership of such machine, apparatus, or article.
Violation of this section is a Class C violation.
6.13 WITHHOLDING POSSESSION OF PUBLIC PROPERTY. It shall be unlawful for any person to unlawfully take possession of any property, real or personal belonging to the city, or to the possession of which the city shall be entitled or to commit any trespass thereon or to unlawfully withhold any property from the city. The unlawful withholding of the possession of any property belonging to the city after demand therefore has been made under the direction of the Governing Body of the city shall be deemed a new and separate offense for each day the possession is withheld after such demand. Withholding possession of public property is a Class C violation.
6.14 UNLAWFUL DEPOSITS IN SEWERS. No person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewer:
(a) Any liquid or vapor having a temperature higher than 150 degrees Fahrenheit;
(b) Any water or waste which may contain more than 100 parts per million, by weight, of fat, oil or grease;
(c) Any gasoline, benzene, naphtha, fuel oil or other flammable or explosive liquid, solid or gas;
(d) Any garbage that has not been properly shredded;
(e) Any ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, paunch manure, or any other solid or viscous substance capable of causing obstruction of the flow in sewers or other interference with the proper operation of the sewage works;
(f) Any waters or wastes having a pH lower than 5.5 or higher than nine or having any other corrosive property capable of causing damage or hazard to structures, equipment and personnel of the sewage works;
(g) Any waters or wastes containing a toxic or poisonous substance in sufficient quantity to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, or create any hazard in the receiving waters of the sewage treatment plant;
(h) Any waters or wastes containing suspended solids of such character and quantity that unusual attention or expense is required to handle such materials at the sewage treatment plant;
(i) Any noxious or malodorous gas or substance capable of creating a public nuisance.
Unlawful deposits in sewers are a Class C violation.
6.15 DAMAGING SEWERS. It shall be unlawful for any person willfully to injure or destroy, or attempt to injure or destroy any public sewer, or to molest any sewer or any part thereof by removing the cover of any flush tank, manhole or any part of the public sewer system of the city without authority.
The violation of this section is a Class C violation.
ARTICLE 7. OFFENSES AFFECTING GOVERNMENTAL FUNCTIONS
7.1 COMPOUNDING AN OFFENSE. Compounding an offense is accepting or agreeing to accept anything of value as consideration for a promise not to initiate or aid in the prosecution of a person who has committed an offense. (K.S.A. 21-3807)
Compounding an offense is a Class A violation.
7.2 OBSTRUCTING LEGAL PROCESS OR OFFICIAL DUTY. Obstructing legal process or official duty is knowingly and willfully obstructing, resisting, opposing or interfering with any person authorized by law to serve process in the service or execution or in the attempt to serve or execute any writ, warrant, process or order of a court, or in the discharge of any official duty. (K.S.A. 21-3808)
Obstructing legal process or official duty in a case of violation or a civil case is a Class A violation.
7.3 ESCAPE FROM CUSTODY.
(a) Escape from custody is escaping while held in lawful custody on a charge or conviction of a public offense.
(b) As used in this section:
(1) Custody means arrest; detention in a facility for holding persons charged with or convicted of offenses; detention for extradition or deportation; detention in a hospital or other facility pursuant to court order, imposed as a specific condition of probation or parole or imposed as a specific condition of assignment to a community correctional services program; or any other detention for law enforcement purposes. Custody does not include general supervision of a person on probation or parole or constraint incidental to release on bail.
(2) Escape means departure from custody without lawful authority or failure to return to custody following temporary leave lawfully granted pursuant to express authorization of law or order of a court. (K.S.A. Supp. 2 1-3809)
(c) Escape from custody is a Class A violation.
7.4 INTERFERENCE; ADMINISTRATION OF JUSTICE. Interference with the administration of justice is communicating in any manner a threat of violence to any judicial officer or harassing a judicial officer by repeated vituperative communication, or picketing, parading or demonstrating in or near a building housing a judicial officer or near his or her residence or place of abode, with intent to influence, impede or obstruct the finding, decision, ruling, order, judgment or decree of such judicial officer on any matter then pending before him or her. Nothing in this section shall limit or prevent the exercise by any court of this state of its power to punish for contempt. (K.S.A. 21-3816)
Interference with the administration of justice is a Class A violation.
7.5 FALSELY REPORTING AN OFFENSE. Falsely reporting an offense is informing a law enforcement officer that an offense has been committed, knowing that such information is false and intending that the officer shall act in reliance upon such false information. (K.S.A. 21-3818)
Falsely reporting an offense is a Class A violation.
7.6 PERFORMANCE OF UNAUTHORIZED OFFICIAL ACT. Performance of an unauthorized official act is knowingly and without lawful authority:
(a) Conducting a marriage ceremony; or
(b) Certifying an acknowledgment of the execution of any document, which by law may be recorded. (K.5.A. 21-3819)
Performance of an unauthorized official act is a Class B violation.
7.7 SIMULATING LEGAL PROCESS. Simulating legal process is:
(a) Sending or delivering to another any document which simulates or purports to be or is reasonably designed to cause others to believe it to be a summons, petition, complaint, or other judicial process, with intent thereby to induce payment of a claim;
(b) Printing, distributing or offering for sale any such document, knowing or intending that it shall be so used.
This section does not apply to the printing, distribution or sale of blank forms of legal documents intended for actual use in judicial proceedings. (K.S.A. 21-3820)
Simulating legal process is a Class A violation.
7.8 TAMPERING WITH PUBLIC RECORD. Tampering with a public record is knowingly and without lawful authority altering, destroying, defacing removing or concealing any public record. (K.S.A. 21-3821)
Tampering with a public record is a Class A violation.
7.9 TAMPERING WITH PUBLIC NOTICE. Tampering with public notice is knowingly and without lawful authority altering, defacing, destroying, removing or concealing any public notice posted according to law, during the time the notice is required or authorized to remain posted. (K.S.A. 21-3822)
Tampering with a public notice is a Class C violation.
7.10 FALSE SIGNING OF PETITION. False signing of a petition is the affixing of any fictitious or unauthorized signature to any petition, memorial or remonstrance, intended to be presented to the legislature, or either house thereof, or to any agency or officer of the State of Kansas or any of its political subdivisions. (K .5 .A. 21-3823)
False signing of an official petition is a Class C violation.
7.11 FALSE IMPERSONATION. False impersonation is representing one’s self to be a public officer or employee or a person licensed to practice or engage in any profession or vocation for which a license is required by the laws of the State of Kansas, with knowledge that such representation is false. (K.S.A. 21-3824)
False impersonation is a Class B violation.
7.12 INTERFERENCE; CONDUCT, PUBLIC BUSINESS IN PUBLIC BUILDING.
Interference with the conduct of public business in public buildings is:
(a) Conduct at or in any public building owned, operated or controlled by the state or any of its political subdivisions so as to willfully deny to any public official, public employee, or any invitee on such premises, the lawful rights of such official, employee, or invitee to enter, to use the facilities, or to leave, any such public building;
(b) Willfully impeding any public official or employee in the lawful performance of duties or activities through the use of restraint, abduction, coercion, or intimidation or by force and violence or threat thereof;
(c) Willfully refusing or failing to leave any such public building upon being requested to do so by the chief administrative officer, or his or her designee, charged with maintaining order in such public building, if such person is committing, threatens to commit, or incites others to commit, any act which did or would if completed, disrupt, impair, interfere with, or obstruct the lawful missions, processes, procedures, or functions being carried on in such public building;
(d) Willfully impeding, disrupting or hindering the normal proceedings of any meeting or session conducted by any judicial or legislative body or official at any public building by any act of intrusion into the chamber or other areas designated for the use of the body, or official conducting such meeting or session, or by ay act designed to intimidate, coerce or hinder any member of such body, or any official engaged in the performance of duties at such meeting or session;
(e) Willfully impeding, disrupting or hindering, by any act of intrusion into the chamber or other areas designed for the use of any executive body or official, the normal proceedings of such body or official. (K.S.A. 21-3828)
Interference with the conduct of public business in public buildings is a Class A violation.
7.13 INTEREFERENCE WITH POLICE DOGS.
(a) It shall be unlawful for any person to strike, abuse, tease, harass, or assault any dog being used by the city for the purpose of performing the duties of a police dog regardless of whether the dog is on duty or off.
(b) It shall be unlawful for any person to interfere with a dog being used by the Police Department or attempt to interfere with the handler of the dog in such a manner as to inhibit, restrict or deprive the handier of his or her control of the dog.
Violation of this section is a Class C violation.
ARTICLE 8. DENIAL OF CIVIL RIGHTS
8.1 DENIAL OF CIVIL RIGHTS. Denial of civil rights is denying to another, on account of the race, color, ancestry, national origin, age, sex, physical handicap or religion of such other:
(a) The full and equal use and enjoyment of the services, facilities, privileges and advantages of any institution, department or agency of the State of Kansas or any political subdivision or municipality thereof;
(b) The full and equal use and enjoyment of the goods, services, facilities, privileges, advantages and accommodations of any establishment which provides lodging to transient guest for hire, or any establishment which is engaged in selling food or beverage to the public for consumption upon the premises, or any place of recreation, amusement, exhibition or entertainment which is open to members of the public;
(c) The full and equal use and enjoyment of the services, privileges and advantages of any facility for the public transportation of persons or goods;
(d) The full and equal use and enjoyment of the services, facilities, privileges, and advantages of any establishment, which offers personal or professional services to members of the public. (K.S.A. 21-4003)
Denial of civil rights is a Class A violation.
ARTICLE 9. OFFENSES AGAINST PUBLIC PEACE
9.1 DISORDERLY CONDUCT. Disorderly conduct is, with knowledge or probable cause to believe that such acts will alarm, anger or disturb others or provoke an assault or other breach of the peace:
(a) Engaging in brawling or fighting; or
(b) Disturbing an assembly, meeting or procession, not unlawful in its character; or
(c) Using offensive, obscene or abusive language or engaging in noisy conduct tending reasonably to arouse alarm, anger or resentment in others. (K.S.A. 21-4 101)
Disorderly conduct is a Class C violation.
9.2 UNLAWFUL ASSEMBLY. Unlawful assembly is the meeting or coming together of not less than five persons for the purpose of engaging in conduct constituting either disorderly conduct, as defined by Section 9.1 of this article or a riot, as defined by Section 9.4 of this article, or when in a lawful assembly of not less than five persons agreeing to engage in such conduct. (K.S.A. 21-4102)
Unlawful assembly is a Class B violation.
9.3 REMAINING AT UNLAWFUL ASSEMBLY. Remaining at an unlawful assembly is willfully failing to depart from the place of an unlawful assembly after being directed to leave by a law enforcement officer. (K.S.A. 21-4103)
Remaining at an unlawful assembly is a Class A violation
9.4 RIOT. Riot is any use of force or violence which produces a breach of the public peace, or any threat to use such force or violence against any person or property if accompanied by power or apparent power of immediate execution, by five or more persons acting together and without authority of law. (K.S.A. 21-4104)
Riot is a Class A violation.
9.5 MAINTAINING PUBLIC NUISANCE. Maintaining a public nuisance is by act, or by failure to perform a legal duty, intentionally causing or permitting a condition to exist, which injures or endangers the public health, safety or welfare. (K.S.A. 21-4106)
Maintaining a public nuisance is a Class C violation.
9.6 PERMITTING PUBLIC NUISANCE. Permitting a public nuisance is knowingly permitting property under the control of the offender to be used to maintain a public nuisance, as defined in Section 9.5 of this article. (K.5.A. 2 1-4 107)
Permitting a public nuisance is a Class C violation.
9.7 GIVING A FALSE ALARM. The giving of a false alarm is:
(a) Initiating or circulating a report or warning of an impending bombing or other crime or catastrophe, knowing that the report or warning is baseless and under such circumstances that is likely to cause evacuation of a building, place of assembly or facility of public transport or to cause public inconvenience or alarm;
(b) Transmitting in any manner to the fire department of any city, township or other municipality, a false alarm of fire, knowing at the time of such transmission that there is no reasonable ground for believing that such fire exists; or
(c) Making a call in any manner for emergency service assistance including police, fire, medical or other emergency service provided under K.S.A. 12-5301 et seq., and amendments thereto, knowing at the time of such call that there is no reasonable ground for believing such assistance is needed. (K.S.A. Supp. 21-4110)
Giving a false alarm is a Class A violation.
9.8 CRIMINAL DESECRATION.
(a) Desecrate means to deface, damage, pollute or otherwise physically mistreat in any way that will outrage the sensibilities of persons likely to observe or discover the action.
(b) Criminal desecration is purposely desecrating any public monument or structure, or any place of worship, or purposely and publicly desecrating the national flag, the state flag of Kansas or any other object venerated by the public or a substantial segment thereof. (K.5.A. 21-4111)
Criminal desecration is a Class C violation.
9.9 DESECRATING CEMETERY. Desecrating a cemetery is knowingly and without authorization of law:
(a) Destroying, cutting, mutilating, defacing or otherwise injuring, tearing down or removing any tomb, monument, memorial or marker in a cemetery, or any gate, door, fence, wall, post or railing or any enclosure for the protection of a cemetery or any property in a cemetery;
(b) Obliterating any grave, vault, niche or crypt; or
(c) Destroying, cutting, breaking or injuring any building, statuary, ornamentation, tree, shrub or plant within the limits of a cemetery. (K.5.A. Supp. 21-4115)
Criminal desecration is a Class A violation.
9.10 DESECRATION OF FLAGS.
(a) As used in this section, unless the context otherwise requires, the term flag includes every flag, standard, color or ensign authorized by the laws of the United States or of this state, and every picture or representation thereof, of any size, made of any substance, or represented on any substance evidently purporting to be such flag, standard, color or ensign of the United States or of this state, and every picture or representation which shows the design thereof.
(b) Desecration of flags is:
(1) Exhibiting or displaying, placing or causing to appear any word, figure, mark, picture, design, drawing or any advertisement of any nature upon any flag of the United States or of this state; or
(2) Exposing to public view any such flag upon which is printed, painted, or placed or to which is attached, appended, affixed, or annexed any word, figure, mark, picture, design, drawing or advertisement of any nature; or
(3) Exposing to public view, manufacturing, selling, exposing for sale, giving away, or having in possession for sale or to give away or for use for any purpose any article or substance being an article of merchandise or a receptacle of merchandise upon which is printed, painted, attached, or placed a representation of any such flag, standard, color, or ensign to advertise, call attention to, decorate, mark or distinguish the article or substance on which so placed; or
(4) Publicly mutilating, defacing, defiling or trampling any such flag. (K.S.A. 21-4114)
Desecration of flags is a Class A violation.
9.11 HARASSMENT BY TELEPHONE. Harassment by telephone is use of telephone communication for any of the following purposes:
(a) Making any comment, request, suggestion or proposal, which is obscene, lewd, lascivious, filthy or indecent;
(b) Making a telephone call, whether or not conversation ensues, without disclosing the identity of the caller and with intent to annoy, abuse, threaten or harass any person at the called number;
(c) Making or causing the telephone of another repeatedly to ring, with intent to harass any person at the called number;
(d) Making repeated telephone calls, during which conversation ensues, solely to harass any person at the called number;
(e) Playing any recording on a telephone, except recordings, such as weather information or sports information, when the number thereof is dialed, unless the person or group playing the recording shall identify itself or himself and state that it is a recording.
(f) Knowingly permitting any telephone under one’s control to be used for any of the purposes mentioned herein. (K.S.A. 21-4113)
Harassment by telephone is a Class A violation.
ARTICLE 10. OFFENSES AGAINST PUBLIC SAFETY
10.1 UNLAWFUL USE OF WEAPONS.
(a) Unlawful use of weapons is knowingly:
(1) Selling, manufacturing, purchasing, possessing or carrying any bludgeon, sand club, metal knuckles or throwing star, or any knife, commonly referred to as a switch-blade, which has a blade that opens automatically by hand pressure applied to a button, spring or other device in the handle of the knife, or any knife having a blade that opens or falls or is ejected into position by the force of gravity or by an outward, downward, or centrifugal thrust or movement;
(2) Carrying concealed on one’s person, or possessing with intent to use the same unlawfully against another, a dagger, dirk, billy, blackjack, slung shot, dangerous knife, straight-edged razor stiletto or any other dangerous or deadly weapon or instrument of like character, except that an ordinary pocket knife with no blade more than four inches in length shall not be construed to be a dangerous knife, or a dangerous or deadly weapon or instrument;
(3) Carrying on one’s person or in any land, water or air vehicle, with intent to use the same unlawfully, a tear gas or smoke bomb or projector or any object containing a noxious liquid, gas or substance;
(4) Carrying any pistol, revolver or other firearm concealed on one’s person except when on the person’s land or in the person’s abode or fixed place of business;
(5) Setting a spring gun;
(6) Possessing any device or attachment of any kind designed, used or intended for use in silencing the report of any firearm;
(b) Subsections (a)(1), (2), (3) and (4) shall not apply to or affect any of the following:
(1) Law enforcement officers, or any person summoned by any such officers to assist in making arrests or preserving the peace while actually engaged in assisting such officer;
(2) Wardens, superintendents, directors, security personnel and keepers of prisons, penitentiaries, jails and other institutions for the detention of persons accused or convicted of crime, while acting within the scope of their authority;
(3) Members of the armed services or reserve forces of the United States or the Kansas national guard while in the performance of their official duty; or
(4) Manufacture of, transportation to, or sale of weapons to a person authorized under (b)(1) through (b)(3) this section to possess such weapons.
(c) Subsection (a)(4) not apply to or affect the following:
(1) Watchmen, while actually engaged in the performance of the duties of their employment;
(2) Licensed hunters or fishermen, while engaged in hunting or fishing;
(3) Private detectives licensed by the state to carry the firearm involved, while actually engaged in the duties of their employment;
(4) Detectives or special agents regularly employed by railroad companies or other corporations to perform full-time security or investigative service, while actually engaged in the duties of their employment; or
(5) The state fire marshal, the state fire marshal’s deputies or any member of a fire department authorized to carry a firearm pursuant to K.S.A. Supp. 31-157 and amendments thereto, while engaged in an investigation in which such fire marshal, deputy or member is authorized to carry a firearm pursuant to KS.A. Supp. 3 1-157 and amendments thereto.
(d) Subsections (a)(1) and (6) shall not apply to any person who sells, purchases, possesses or carries a firearm, device or attachment which has been rendered unserviceable by steel weld in the chamber and marriage weld of the barrel to the receiver and which has been registered in the national firearms registration and transfer record in compliance with 26 U.S.C. 5841 et seq. in the name of such person and, if such person transfers such firearm, device or attachment to another person, has been so registered in the transferee’s name by the transferor.
(e) It shall be a defense that the defendant is within an exemption. (K.S.A. Supp. 21-420 1)
(f) Violation of this section is a Class B violation.
10.2 DRAWING A WEAPON UPON ANOTHER. Drawing a weapon upon another person is the drawing of a pistol, revolver, knife or other deadly weapon upon another person by a person not an officer of the law in execution of his or her duty.
Drawing a weapon upon another person is a Class A violation.
10.3 UNLAWFUL DISPOSAL OF FIREARMS. Unlawful disposal of firearms is knowingly:
(a) Selling, giving or otherwise transferring any firearm with a barrel less than 12 inches long to any person under 18 years of age;
(b) Selling, giving or otherwise transferring any firearms to any habitual drunkard or narcotic addict;
(c) Selling, giving or otherwise transferring any firearm with a barrel less than 12 inches long to any person who has been convicted of a felony under the laws of this or any other jurisdiction if such sale, gift or transfer is made to such convicted person within five years after his or her release from the penitentiary or within five years after his conviction if the offender has not been imprisoned in the penitentiary. (K.S.A. 21-4203)
Unlawful disposal of firearms is a Class A violation.
10.4 CONFISCATION, DISPOSITION OF WEAPONS. Upon conviction of a violation of Sections 10.1 or 10.2 of this article, any weapon seized in connection therewith shall remain in the custody of the trial court. Any stolen weapon so seized and detained, when no longer needed for evidentiary purposes, shall be returned to the person entitled to possession, if known. All other confiscated weapons when no longer needed for evidentiary purposes, shall in the discretion of the trial court, be destroyed, preserved as city property, or sold and the proceeds of such sale shall be paid to the city general fund. (KS.A. Supp. 21-4206)
10.5 UNLAWFUL DISCHARGE OF FIREARMS. Unlawful discharge of firearms is the discharging or firing of any gun, rifle, pistol, revolver or other firearm within the city. This section shall not be construed to apply:
(a) to the discharge of firearms by any duly authorized law enforcement officer when necessary in the discharge of his or her official duties;
(b) to the discharge of firearms in any licensed shooting gallery;
(c) to firing squads for ceremonials, nor
(d) to a legitimate gunsmith in pursuit of his or her trade.
Unlawful discharge of firearms is a Class B violation.
10.6 AIR GUN, AIR RIFLE, BOW AND ARROW, SLINGSHOT OR BB GUN.
The unlawful operation of an air gun, air rifle, bow and arrow, slingshot or BB gun is the shooting, discharging or operating of any air gun, air rifle, bow and arrow, slingshot or BB gun, within the city, except within the confines of a building or other structure from which the projectiles cannot escape.
Unlawful operation of an air gun, air rifle, bow and arrow, slingshot or BB gun is a Class C violation.
10.7 SEIZURE OF WEAPON. The Chief of Police of the city or his or her duly authorized representative is hereby empowered to seize and hold any air gun, air rifle, bow and arrow, slingshot or BB gun used in violation of section 10.6 of this article, and is further empowered to seize and hold as evidence pending a hearing before a court of competent jurisdiction any air gun, air rifle, bow and arrow, slingshot or BB gun used in violation of Section 10.6.
10.8 UNLAWFUL AIDING, ABETTING. It shall be unlawful for any person to conspire to or aid and abet in the operation or discharging or causing to be operated or discharged any air gun, air rifle, bow and arrow, BB gun or slingshot except as provided in Section 10.6 within the city, whether individually or in connection with one or more persons or as principal, agent or accessory, and it is further unlawful for every parent or guardian of a minor child who willfully or knowingly permits or directs the operation or discharge of any air gun, air rifle, bow and arrow, BB gun or slingshot by such minor child within the city except as provided in Section 10.6 of this article.
Violation of this section is a Class C violation.
10.9 CARRYING CONCEALED EXPLOSIVES. Carrying concealed explosives is carrying any explosive or detonating substance on the person in a wholly or partly concealed manner. (K.S.A. 21-4210)
Carrying concealed explosives is a Class C violation.
10.10 DEFACING IDENTIFICATION MARKS OF A FIREARM.
(a) Defacing identification marks of a firearm is the intentional changing, altering, removing or obliterating the name of the maker, model, manufacturer’s number or other mark of identification of any firearm.
(b) Possession of any firearm upon which any such mark shall have been intentionally changed, altered, removed or obliterated shall be prima facie evidence that the possessor has changed, altered, or obliterated the same.
Defacing identification marks of a firearm is a Class B violation.
10.11 CREATING A HAZARD. Creating a hazard is:
(a) Storing or abandoning in any place accessible to children, a container which has a compartment of more than one and one-half cubic feet capacity and a door or lid which locks or fastens automatically when closed and which cannot be easily opened from the inside, and failing to remove the door, lock, lid or fastening device on such container; or
(b) Being the owner or otherwise having possession of property upon which a cistern, well or cesspool is located and knowingly failing to cover the same with protective covering of sufficient strength and quality to exclude human beings and domestic animals there from; or
(c) Exposing, abandoning or otherwise leaving any explosive or dangerous substance in a place accessible to children. (K.S.A. 21-4212)
Creating a hazard is a Class B violation.
10.12 UNLAWFUL FAILURE TO REPORT WOUND. Unlawful failure to report a wound is the failure by an attending physician or other person to report to the Chief of Police his or her treatment of:
(a) Any bullet wound, gunshot wound, powder burn or other injury arising from or caused by the discharge of a firearm; or
(b) Any wound which is likely to or may result in death and is apparently inflicted by a knife, ice pick or other sharp or pointed instrument. (K.S.A. 21-4213)
Unlawful failure to report a wound is a Class C violation.
10.13 BARBED WIRE. It shall be unlawful for any person to construct, set up or maintain any barbed wire or barbed wire fence or enclosure within the city.
Violation of this section is a Class C violation.
ARTICLE 11. OFFENSES AGAINST PUBLIC MORALS
11.1 PROMOTING OBSCENITY. Promoting obscenity is knowingly or recklessly:
(a) Manufacturing, issuing, selling, giving, providing, lending, mailing, delivering, transmitting, publishing, distributing, circulating, disseminating, presenting, exhibiting or advertising any obscene material or obscene device; or
(b) Possessing any obscene material or obscene device with intent to issue, sell, give, provide, lend, mail, deliver, transfer, transmit, publish, distribute, circulate, disseminate, present, exhibit or advertise such material or device; or
(c) Offering or agreeing to manufacture, issue, sell, give, provide, lend, mail, deliver, transfer, transmit, publish, distribute, circulate, disseminate, present, exhibit or advertise any obscene material or obscene device; or
(d) Producing, presenting or directing an obscene performance or participating in a portion thereof which is obscene or which contributes to its obscenity.
11.2 SAME; DEFINED.
(a) Evidence that materials or devices were promoted to emphasize their prurient appeal or sexually provocative aspect shall be relevant in determining the question of the obscenity of such materials or devices. There shall be a presumption that a person promoting obscene materials or obscene devices did so knowingly or recklessly if:
(1) The materials or devices were promoted to emphasize their prurient appeal or sexually provocative aspect; or
(2) The person is not a wholesaler and promotes the materials or devices in the course of the person’s business.
(b)(1) Any material or performance is obscene if:
(A) The average person applying contemporary community standards would find that the material or performance, taken as a whole, appeals to the prurient interest;
(B) The average person applying contemporary community standards would find that the material or performance has patently offensive representations or descriptions of (i) ultimate sexual acts, normal or perverted, actual or simulated, including sexual intercourse or sodomy, or (ii) masturbation, excretory functions, sadomasochistic abuse or lewd exhibition of the genitals; and
(C) Taken as a whole, a reasonable person would find that the material or performance lacks serious literary, educational, artistic, political or scientific value.
(2) Material means any tangible thing that is capable of being used or adapted to arouse interest, whether through the medium of reading, observation, sound or other manner.
(3) Obscene device means a device, including a dildo or artificial vagina, designed or marketed as useful primarily for the stimulation of human genital organs.
(4) Performance means any play, motion picture, dance or other exhibition performed before an audience.
(5) Sexual intercourse and sodomy have the meanings provided by K.S.A. 21-3501 and amendments thereto.
(6) Wholesaler means a person who sells, distributes or offers for sale or distribution obscene materials or devices only for resale and not to the consumer and who does not manufacture, publish or produce such materials or devices.
11.3 SAME; DEFENSE. It is a defense to a prosecution for obscenity that:
(a) The person to whom the allegedly obscene material was disseminated, or the audience to an allegedly obscene performance, consisted of persons or institutions having scientific, educational, or governmental justification for possessing or viewing the same;
(b) The defendant is an officer, director, trustee or employee of a public library and the allegedly obscene material was acquired by such library and was disseminated in accordance with regular library policies approved by its Governing Body; or
(c) The allegedly obscene material or obscene device was purchased, leased or otherwise acquired by a public, private or parochial school, college or university, and that such material was either sold, leased, distributed or disseminated by a teacher, instructor, professor or other faculty member or administrator of such school as part of or incident to an approved course or program of instruction at such school.
(d) The provisions of Section 11.4 prescribing a criminal penalty for exhibit of any obscene motion picture shown in a commercial showing to the general public shall not apply to a projectionist, or assistant projectionist, if such projectionist or assistant projectionist has no financial interest in the show or in its place of presentation other than regular employment as a projectionist or assistant projectionist and no personal knowledge of the contents of the motion picture.
(e) The provisions of this section shall not exempt any projectionist or assistant projectionist from criminal liability for any act unrelated to projection of motion pictures in commercial showings to the general public.
11.4 SAME; PENALTY.
(a) Promoting obscenity is a Class A violation except as provided in K.S.A. Supp. 21-4301 as amended where it is a Class E felony on conviction of a second or subsequent offense. Conviction of a violation of a municipal ordinance prohibiting acts, which constitute promoting obscenity, shall be considered a conviction of promoting obscenity for the purpose of determining the number of prior convictions and the classification of the crime under this section
(b) In addition to any fine or imprisonment imposed, that the defendant enter into a reasonable recognizance with good and sufficient surety, in such sum as the court may direct, but not to exceed $50,000.00, conditioned that, in the event the defendant is convicted of a subsequent offense of promoting obscenity within two years after such conviction, the defendant shall forfeit the recognizance. (K.S.A. Supp. 21-4301 as amended)
11.5 PROMOTING OBSCENITY TO MINORS. Promoting obscenity to minors is promoting obscenity as defined by K.S.A. 21-4301 and amendments thereto, where the recipient of the obscene material or obscene device or a member of the audience of an obscene performance is a child under the age of 18 years.
11.6 SAME; DEFENSE. It shall be an affirmative defense to any prosecution under this section that:
(a) The defendant had reasonable cause to believe that the minor involved was 18 years old or over, and such minor exhibited to the defendant a draft card, driver’s license, birth certificate or other official or apparently official document purporting to establish such minor was 18 years old or more.
(b) The allegedly obscene material was purchased, leased or otherwise acquired by a public, private or parochial school, college or university, and that such material was either sold, leased, distributed or disseminated by a teacher, instructor, professor or other member or administrator of such school as a part of or incident to an approved course or program of instruction at such school.
(c) The defendant is an officer, director, trustee or employee of a public library and the allegedly obscene material was acquired by a public library and was disseminated in accordance with regular library policies approved by its Governing Body.
(d) An exhibition in a state of nudity is for a bona fide scientific or medical purpose, or for an educational or cultural purpose for a bona fide school, museum or library.
11.7 SAME; PENALTY. Upon any conviction for promoting obscenity to minors, the court may require, in addition to any fine or imprisonment imposed, that the defendant enter into a reasonable recognizance with good and sufficient surety, in such sum as the court may direct, but not to exceed $50,000.00, conditioned that, in the event the defendant is convicted of a subsequent offense of promoting obscenity to minors within two years after such conviction the defendant shall forfeit the recognizance. (K.S.A. Supp. 21-4301a)
Promoting obscenity to minors is a Class A violation except as provided by K.S.A. Supp. 21-4301a where it is a Class D felony on conviction of a second or subsequent offense. Conviction of a violation of a municipal ordinance prohibiting acts, which constitute promoting obscenity to minors, shall be considered a conviction of promoting obscenity to minors for the purpose of determining the number of prior convictions and the classification of the crime under this section.
11.75 MATERIAL HARMFUL TO MINORS.
(a) No person having custody, control or supervision of any commercial establishment shall knowingly:
(1) Display any material or device that is harmful to minors in such a way that minors, as a part of the invited general public, will be exposed to view such material or device;
(2) Sell, furnish, present, distribute or disseminate to a minor, or otherwise allowing a minor to view, with or without consideration, any material or device which is harmful to minors; or
(3) Present to a minor, or participate in presenting to a minor, with or without consideration, any performance which is harmful to a minor.
(b) Violation of subsection (a) is a Class B violation.
(c) Notwithstanding the provisions of K.S.A. 21-3202 and amendments thereto to the contrary, it shall be an affirmative defense to any prosecution under this section that:
(1) The allegedly harmful material or device was purchased, leased or otherwise acquired by a public, private or parochial school, college or university, and that such material or device was either sold, leased, distributed or disseminated by a teacher, instructor, professor or other faculty member or administrator of such school as part of or incidental to an approved course or program of instruction at such school.
(2) The defendant is an officer, director, trustee or employee of a public library and the allegedly harmful material or device was acquired by a public library and was disseminated in accordance with regular library policies approved by its Governing Body.
(3) An exhibition in a state of nudity is for a bona fide scientific or medical purpose, or for an educational or cultural purpose for a bonafide school, museum or library.
(4) With respect to a prosecution for an act described by subsection (a)(1), the allegedly harmful material was kept behind blinder racks.
(5) With respect to a prosecution for an act described by subsection (a)(2) or (3), the defendant had reasonable cause to believe that the minor involved was 18 years old or over, and such minor exhibited to the defendant a draft card, driver’s license, birth certificate or other official or apparently official document purporting to establish that such minor was 18 years old or more.
(6) With respect to a prosecution for an act described by subsection (a)(3), the allegedly harmful performance was viewed by the minor in the presence of such minor’s parent or parents or such minor’s legal guardian.
(d) As used in this section:
(1) Blinder rack means a device in which material is displayed in such a manner that the lower 2/3 of the material is not exposed to view.
(2) Harmful to minors means that quality of any description, exhibition, presentation or representation, in whatever form, of nudity, sexual conduct, sexual excitement or sadomasochistic abuse when the material or performance, taken as a whole or, with respect to a prosecution for an act described by subsection (a)(1), that portion of the material that was actually exposed to the view of minors, has the following characteristics:
(A) The average adult person applying contemporary community standards would find that the material or performance has a predominant tendency to appeal to a prurient interest in sex to minors;
(B) The average adult person applying contemporary community standards would find that the material or performance depicts or describes nudity, sexual conduct, sexual excitement or sadomasochistic abuse in a manner that is patently offensive to prevailing standards in the adult community with respect to what is suitable for minors; and
(C) A reasonable person would find that the material or performance lacks serious literary, scientific, education, artistic or political value for minors.
(3) Material means any book, magazine, newspaper, pamphlet, poster, print, picture, figure, image, description, motion picture film, record, recording tape or videotape.
(4) Minor means any unmarried person under 18 years of age.
(5) Nudity means the showing of the human male or female genitals, pubic area or buttocks with less than a full opaque covering; the showing of the female breast with less than a full opaque covering of any portion thereof below the top of the nipple; or the depiction of covered male genitals in a discernible state of sexual excitement.
(6) Performance means any motion picture, film, video tape, played record, phonograph, tape recording, preview, trailer, play, show, skit, dance or other exhibition performed or presented to or before an audience of one or more, with or without consideration.
(7) Sadomasochistic abuse means flagellation or torture by or upon a person clad in undergarments, in a mask or bizarre costume or in the condition of being fettered, bound or otherwise physically restrained on the part of one so clothed.
(8) Sexual conduct means acts of masturbation, homosexuality, sexual intercourse or physical contact with a person’s clothed or unclothed genitals or pubic area or buttocks or with a human female’s breast.
(9) Sexual excitement means the condition of human male or female genitals when in a state of sexual stimulation or arousal.
(e) The provisions of this section shall not apply to a retail sales clerk, if such clerk has no financial interest in the materials or performance or in the commercial establishment displaying or selling, furnishing, presenting, distributing or disseminating such materials or presenting such performance other than regular employment as a retail sales clerk. The provisions of this section shall not exempt any retail sales clerk from criminal liability for any act unrelated to regular employment as a retail sales clerk. (1988 Session Laws of Kansas, Chapter 112)
11.8 GAMBLING. Definitions of gambling terms used in this section shall be as follows:
(a) A bet is a bargain in which the parties agree that, dependent upon chance, one stands to win or lose something of value specified in the agreement. A bet does not include:
(1) Bona fide business transactions which are valid under the laws of contracts including, but not limited to, contracts for the purchase or sale at a future date of securities or other commodities, and agreements to compensation for loss caused by the happening of the chance including, but not limited to, contracts of indemnity or guaranty and life or health and accident insurance;
(2) Offers of purses, prizes or premiums to the actual contestants in any bona fide contest for the determination of skill, speed, strength, or endurance or to the bona fide owners of animals or vehicles entered in such a contest;
(3) A lottery as defined in this section;
(4) Any bingo game by or for participants managed, operated or conducted in accordance with the laws of the State of Kansas by an organization licensed by the State of Kansas to manage, operate or conduct games of bingo;
(5) A lottery operated by the state pursuant to the Kansas Lottery Act; or
(6) Any system of pari-mutuel wagering managed, operated and conducted in accordance with the Kansas pari-mutuel racing act.
(b) A lottery is an enterprise wherein for a consideration the participants are given an opportunity to win a prize, the award of which is determined by chance. As used in this subsection, a lottery does not include a lottery operated by the state pursuant to the Kansas Lottery Act.
(c) Consideration means anything that is a commercial or financial advantage to the promoter or a disadvantage to any participant. Consideration does not include:
(1) Mere registration without purchase of goods or services; personal attendance at places or events, without payment of an admission price or fee; listening to or watching radio and television programs; answering the telephone or making a telephone call and acts of like nature.
(2) Sums of money paid by or for participants in any bingo game managed, operated or conducted in accordance with the laws of the State of Kansas by any bona fide nonprofit religious, charitable, fraternal, educational or veteran organization licensed to manage, operate or conduct bingo games under the laws of the State of Kansas and it shall be conclusively presumed that such sums paid by or for such participants were intended by such participants to be for the benefit of the sponsoring organizations for the use of such sponsoring organizations in furthering the purposes of such sponsoring organizations;
(3) Sums of money paid by or for participants in any lottery operated by the state pursuant to the Kansas Lottery Act; or
(4) Sums of money paid by or for participants in any system of pari-mutuel wagering managed, operated and conducted in accordance with the Kansas Pari-mutuel Racing Act.
(d) A gambling device is a contrivance which for a consideration affords the player an opportunity to obtain something of value, the award of which is determined by chance, or any token chip, paper, receipt or other document which evidences, purports to evidence or is designed to evidence participation in a lottery or the making of a bet. The fact that the prize is not automatically paid by the device does not affect its character as a gambling device.
(e) A gambling place is any place, room, building, vehicle, tent or location that is used for any of the following:
(1) Making and settling bets;
(2) Receiving, holding, recording or forwarding bets or offers to bet;
(3) Conducting lotteries; or
(4) Playing gambling devices.
Evidence that the place has a general reputation as a gambling place or that, at or about the time in question, it was frequently visited by persons known to be commercial gamblers or known as frequenters of gambling places is admissible on the issue of whether it is a gambling place.
(f) Gambling is:
(1) Making a bet;
(2) Entering or remaining in a gambling place with intent to make a bet, to participate in a lottery, or to play a gambling device. (K.S.A. Supp. 21-4302, K.S.A. 21-4303)
Gambling is a Class B violation.
11.9 PERMITTING PREMISES TO BE USED FOR COMMERCIAL GAMBLING.
Permitting premises to be used for commercial gambling is intentionally:
(a) Granting the use or allowing the continued use of a place as a gambling place;
(b) Permitting another to set up a gambling device for use in a place under the offender’s control. (K.S.A. 21-4305)
Permitting premises to be used for commercial gambling is a Class B violation.
11.10 POSSESSION OF GAMBLING DEVICE.
(a) Possession of a gambling device is knowingly possessing or having custody or control, as owner, lessee, agent, employee, bailee or otherwise of any gambling device.
(b) It shall be a defense to a prosecution under this section that the gambling device is an antique slot machine and that the antique slot machine was not operated for gambling purposes while in the owner’s or the defendant’s possession. A slot machine shall be deemed an antique slot machine if it was manufactured prior to the year 1950. (K.S.A. 20-4309)
Possession of a gambling device is a Class B violation.
ARTICLE 12. VIOLATIONS, PENALTIES
12.1 CLASSES OF VIOLATIONS AND CONFINEMENT.
(a) For the purpose of sentencing, the following classes of violations, the punishment and the terms of confinement authorized for each class are established:
(1) Class A, the sentence for which shall be a definite term of confinement in the city or county jail which shall be fixed by the court and shall not exceed one year;
(2) Class B, the sentence for which shall be a definite term of confinement in the city or county jail, which shall be fixed by the court and shall not exceed six months;
(3) Class C, the sentence for which shall be a definite term of confinement in the city or county jail, which shall be fixed by the court and shall not exceed one month;
(4) Unclassified violations, which shall include all offenses declared to be violations without specification as to class, the sentence for which shall be in accordance with the sentence specified in the section that defines the offense, if no penalty is provided in such law, the sentence shall be a definite term of confinement in the city or county jail as shall be fixed by the court and shall not exceed one month.
(b) Upon conviction of a violation, a person may be punished by a fine, as provided in Section 12.2 of this article instead of, or in addition to, confinement as provided in this section. (K.S.A. 21-4502)
12.2 FINES. A person convicted of a violation may, in addition to, or instead of, the confinement authorized by law, be sentenced to pay a fine which shall be fixed by the court as follows:
(a) Class A violation, a sum not exceeding $2,500.00;
(b) Class B violation, a sum not exceeding $1,000.00;
(c) Class C violation, a sum not exceeding $500.00;
(d) Unclassified violation, any sum authorized by the section that defines the offense. If no penalty is provided in such law, the fine shall not exceed $500.00. (K.S.A. Supp. 21-4503)
ARTICLE 13. MISCELLANEOUS
13.1 APPLICATION; KANSAS CRIMINAL CODE. The provisions of the Kansas Criminal Code (K.S.A. 21-3101:4621, inclusive and amendments thereto), which are in their nature applicable to the jurisdiction of the city and in respect to which no special provision is made by ordinance of the city are applicable to this criminal code.
13.2 SEVERABILITY. If any provision of this code is declared unconstitutional, or the application thereof to any person or circumstance is held invalid, the constitutionality of the remainder of the code and the applicability thereof to other persons and circumstances shall not be affected thereby.
13.3 LOUD AND UNNECESSARY NOISE.
1 Loud and Unnecessary Noise Prohibited.
(a) It is unlawful for any person to make, continue, or allow to be made or continued, any excessive, unnecessary, unusual or loud noise which creates a nuisance or injures or endangers the comfort, repose, health or safety of others, or which interferes with the use or enjoyment of property of any person of reasonable sensibilities residing in or occupying the area unless the making and continuing of such noise is necessary for the protection and preservation of property or the health and safety of some individual.
(b) The following acts, which enumeration shall not be deemed to be exclusive, are hereby declared to be noise nuisances in violation of this section and are unlawful:
(1) The playing or permitting or causing the playing of any radio, radio receiving set, television, phonograph, “boom box”, loudspeaker, drum, juke box, nickelodeon, musical instrument, sound amplifier or similar devise which produces, reproduces, or amplifies sound when done in such a manner or with such volume, intensity, or with continued duration so as to annoy, to distress, or to disturb the quiet, comfort, or repose of any person of reasonable sensibilities within the vicinity or hearing thereof.
(2) Steam Whistles. The blowing of any steam whistle attached to any stationary boiler, except to give notice of the opening or closing of the establishment or institution, or of the time to begin or stop work, or as a warning of danger.
(3) Exhaust of Engines, Etc. The discharge into the open air of the exhaust of any stationary steam engine, internal combustion engine, noise creating blower or power fans, or devices operated by compressed air, except through a muffler or other device which will effectively prevent loud or explosive noises there from.
(4) Motor Vehicles. The use of any motor vehicle, motorcycle, bus or other vehicle in such a manner as to create loud or unnecessary grating, grinding, rattling, exhaust noise, or other noise which shall annoy, distress, or disturb the quiet, comfort, or repose of any person of reasonable sensibilities within the vicinity.
(5) Peddlers, Hawkers, Etc. The raucous shouting, whistling, yelling, singing, hooting, or crying of peddlers, hawkers, vendors before eight a.m. or after ten p.m.
(6) Construction. The erection, including construction, excavation, demolition, alteration, or repair work, or the permitting or causing thereof, of any building or other structure, or the operation or the permitting or causing the operation of any tools, or equipment used in construction, excavation, drilling, demolition, alteration or repair work:
(I) Other than between the hours of six a.m. and ten p.m.;
(II) This subsection shall not apply in cases of extreme and urgent necessity in the interest of public safety and convenience, and then only by permit obtained from and issued by the director of public works, or any of the director’s duly appointed assistants.
(7) Loading and Unloading. The creation of loud, excessive and unreasonable noise in connection with loading or unloading any vehicle, in the opening and destruction of bales, boxes, crates and containers or in the handling of ash, trash and garbage cans, either in the loading or unloading, or the creation by improper loading of excessive and unreasonable noise by the transportation of any materials over and along streets. (Code 2005)
2. Unnecessary Sound from Radio, etc. Prohibited. No person owning or having the care, custody or possession of any radio receiving set, musical instrument, phonograph, or other machine or device for the producing or the reproducing of sound shall play, use, operate, or permit to be played, used or operated such set, instrument, phonograph, machine or device in such manner as to disturb the peace, quiet and comfort of the neighboring inhabitants or at any time with louder volume than is necessary for convenient hearing for the persons or person who are in the room or chamber in which such machine or device is operated and who are voluntary listeners thereto. (Code 2005)
3. Loud Speakers, Amplifiers for Advertising, etc. Prohibited, Exception Stated. No person owning or operating any building, structure or vehicle shall play, use, operate or permit to be played, used, or operated any radio receiving set, musical instrument, phonograph, loud-speaker, sound amplifier, or other machine or device for the producing or reproducing of sound for the purpose of advertising or attracting the attention of the public to such building structure or vehicle. (Code 2005)
4. Any Loud or Harmful Noise. It shall be unlawful for any person to make, continue or cause to be made or continue any loud, improper, unnecessary or unusual noise, or any noise which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of others within the limits of the City of Lyons, Kansas. (Code 2005)
5. Classification and measurement of noise. For the purpose of determining and classifying any noise as loud, unusual or unnecessary as declared to be unlawful and prohibited by Section 1, Section 2, Section 3, and Section 4 hereof, the following test measurements and requirements may be applied:
(a) Noise occurring within the jurisdiction of the City shall be measured at a distance of at least twenty five feet from the noise source if located within the public right-of-way, and if the noise source is located on private property or property other than the public right-of-way, at least twenty five feet from the property line of the property on which the noise source is located.
(b) (1) The noise shall be measured on the “A” weighing scale on a sound level meter of standard design and quality and having characteristics established by the American National Standards Institute.
(2) For purposes of this section, measurements with sound level meters shall be made when the wind velocity at the time and place of such measurement is not more than five miles per hour, or twenty-five miles per hour with a windscreen.
(3) In all sound level measurements consideration shall be given to the effect of the ambient noise level created by the encompassing noise of the environment from all sources at the time and place of such sound level measurement. (Code 2005)
6. Excessive Noise Levels. A noise measured or registered as provided herein from any source not exempted by this ordinance at a level which is equal to or in excess of the db(A) established for the time period and zones listed below or that exceeds the background level by 5db(A), whichever is greater, is hereby declared to be excessive, unusual, loud and unnecessary, for the purposes of Section 1:
8:00 AM. to 10:00 P.M. to
Zone next 10:00 P.M. next 8:00 A.M.
Residential 55 db(A) 50 db(A)
Commercial 60 db(A) 55 db(A)
Industrial 80 db(A) 75 db(A)
Background noise means noise from all sources other than that under specific consideration, including traffic operating on public thoroughfares, and is established by measuring the noise level over a fifteen-minute period of time.
(a) For purposes of this section, the aforementioned zones shall be defined as follows:
(1) “Residential” means those areas of the City of Lyons, Kansas zoned R-1 Single-Family Residential, R-2 Two-Family Residential, R-3 Multifamily Residential, MH-1 Mobile Home Park or MH-2 Mobile Home Subdivision.
(2) “Commercial’ means any of those areas in the City of Lyons, Kansas zoned C-1 Central Business or C-2 Service Commercial.
(3) “Industrial” means any of those areas in the City of Lyons, Kansas zoned I-1 Light Industrial, I-2 General Industrial or A-1 Agricultural. (Code 2005)
7. Use of Classification and Measurement of Noise Levels. Classification and measurement of noise levels as set forth in Section 5 and the definition of excessive noise levels as set forth in Section 6 may be used by law enforcement authorities in the prosecution of violations of this ordinance, however, the lack of measurements of noise levels shall not preclude prosecution of violations of this ordinance. If decibel readings are taken which show a violation of the noise levels as set forth in Section 6 of this ordinance, then proof of such readings shall be prima facie evidence of violation of this ordinance. (Code 2005)
8. Exemptions. The provisions of this ordinance shall not apply to persons or organizations that have authorization from appropriate government officials for events and celebrations or to police or public authorities who are using vehicles, devices, and equipment in the performance of their official duties. (Code 2005)
9. Penalty. Any person who violates any of the provisions of this section within the corporate limits of the city is guilty of a misdemeanor and upon conviction thereof shall be fined in an amount not exceeding One Thousand Dollars ($1,000.00) or be imprisoned in jail for a period not to exceed six (6 ) months, or by both such fine and imprisonment. Each day a violation is committed or permitted to continue shall constitute a separate offense. (Ordinance 1638)
CHAPTER XII. PUBLIC PROPERTY
Article 1. City Parks
Article 2. Municipal Swimming Pool
Article 3. Library
Article 4. Cemetery
Article 5. Cemetery Endowment Fund
Article 6. Airport and Aircraft
ARTICLE I. CITY PARKS
12-101. CITY LAWS EXTENDED TO PARK. The laws of the city shall extend to and cover all city parks. (Code 1976, 14-401; Code 1989)
12-102. POLICE JURISDICTION OVER PARKS. Police regulations shall govern all public parks belonging to the city and the Chief of Police and law enforcement officers of the city shall have full power to enforce city laws governing city parks and shall maintain order therein. (Code 1976, 14-401; Code 1989)
12-103. DAMAGING PARK PROPERTY. It shall be unlawful for any person, except duly authorized city employees, to willfully or wantonly injure, tarnish, deface or destroy any building, walk, bench, tree or improvement or property of any kind belonging to any park owned by the city. (Code 1976, 14—403)
12-104. DANGEROUS WEAPONS NOT ALLOWED.
(a) Except as provided in subsection (b), it shall be unlawful for any person to carry or have in his or her possession any firearm or dangerous weapon or to shoot or discharge the same within the limits of any city parks.
(b) The provisions of subsection (a) above shall not apply to duly authorized law enforcement officers in the performance of official duty. (Code 1976, 14-405; Code 1989)
12-105. VEHICLE REGULATIONS.
(a) Motor vehicles, including any vehicle licensed to operate on public streets, roads and highways and motorbikes, go-carts, snowmobiles and other motorized off-the-road vehicles shall be operated in a safe and prudent manner at all times in park areas.
(b) Except as provided in subsection (d), it shall be unlawful for any person to park any motor vehicle in any area not designated for such purpose.
(c) Except as provided in subsection (d), it shall be unlawful for any person to operate any motor vehicle within any city park except upon roads, drives and parking areas established by the city.
(d) Subsections (b) and (c) above shall not apply to authorized city employees while engaged in the maintenance and care of the park.
(e) It shall be unlawful to operate any such vehicle in any park area at a speed in excess of 20 miles per hour. (Code 1989)
12-106. HUNTING. It shall be unlawful for any person to pursue, catch, trap, maim, kill, shoot or take any wildlife, either bird or animal, in any manner at any time while in any city park. Provisions of section 12-106 shall not apply to any law enforcement or animal control officer subject to the laws of the city. (Code 1989)
12-107. FIRES. It shall be unlawful for any person to build or kindle any fire in any city park except in the ovens, stoves, or grills provided for that purpose by the city, and such fire must be extinguished by the person, persons or parties starting such fire, immediately after use thereof. (Code 1989)
12-108. CAMPING PROHIBITED. Overnight camping is hereby prohibited in city parks except where posted. (Code 1989)
12-109. SANITATION. All waste material, paper, trash, rubbish, tin cans, bottles, containers, garbage and refuse of any kind whatsoever shall be deposited in disposal containers provided for such purposes. No such waste or contaminating material shall be discarded otherwise. No sticks, stones, trash or other objects shall be thrown or discarded in or on any park lands, fountains, pools, drinking fountains, sanitary facilities, or other improvements. (Code 1989)
12-110. PROHIBITION AGAINST ALCOHOLIC BEVERAGES AND CEREAL MALT BEVERAGES. It shall be unlawful for any person or persons to use, consume or have on the premises of any park or other city property within the city any alcoholic liquor or cereal malt beverage. (Code 1989)
12-111. PRESERVATION OF NATURAL STATE. It shall be unlawful for any person, except duly authorized city employees, to take, injure, or disturb any live or dead tree, plant, shrub, or flower, or otherwise interfere with the natural state of city parks. (Code 1989)
12-112. GENERAL REGULATIONS. The city may post such rules and regulations, as are approved by the Governing Body, pertaining to the use of the city parks in a conspicuous place in each city park. Violations of these posted rules shall constitute a violation of this code. Fees for use of Parks and Parks Facilities will be set by the Governing Body. (Code 1989/Ordinance 1757)
12-113. HOURS; OPENING AND CLOSING.
(a) All city park recreation and picnic facilities will be closed from 11:00 p.m. to sunrise of the following morning. It shall be unlawful for any person to remain on park property when the parks are closed.
(b) The provisions of subsection (a) above shall not apply to the campground park. (Code 1976, 14-402; Code 1989)
ARTICLE 2. MUNICIPAL SWIMMING POOL
12-201. ENTERING SWIMMING POOL. It shall be unlawful for any person to enter the enclosure or fence of the swimming pool of the city in any other manner than through the gate or entrance provided therefore, or to climb on or over the fence forming the enclosure, or to enter the enclosure at any other time than when the pool is open for admittance to any such person, except by the authority and consent of the duly authorized officers of the city. (Code 1989)
12-202. RULES AND REGULATIONS. The municipal swimming pool of the city shall be opened to the public as herein limited at all proper and seasonable times subject to such rules and regulations herein contained and as the Governing Body of the city may from time to time adopt or authorize and as provided by the rules and regulations of the Kansas State Board of Health. The Governing Body may from time to time restrict the use of the municipal swimming pool by nonresidents. (Code 1989)
12-203. MANAGER AND EMPLOYEES; VIOLATIONS; PENALTY. The Governing Body shall make arrangements for the management of the pool by contract or otherwise. If the Governing Body shall elect to manage the pool, it shall appoint a pool manager and other employees of the swimming pool. The pool manager shall have general police supervision over the swimming pool and over all people attending the same and the park area in which the same is located. It shall be his or her duty to preserve order, to enforce all provisions of this article and the rules and regulations of the city and the Kansas State Board of Health, and the manager may exclude any person or persons from the pool and its grounds for the violations of this article, such rules and regulations as may be made by the city or the Kansas State Board of Health or when the pool manager deems such exclusion to be in the best interest of the orderly and peaceable operation and management of the pool. (Code 1989)
12-204. SAME; ADDITIONAL DUTIES, AUTHORITY. It shall be the duty of the pool manager and/or the assistant pool manager of the city’s swimming pool or any law enforcement officer of this city to maintain order and keep the public peace within the city parks and swimming pool of the city. (Code 1989)
12-205. CONTAGIOUS DISEASES; CERTIFICATE OF HEALTH MAY BE REQUIRED. It shall be unlawful and a violation of this article for any person or persons at any time to enter the water of the swimming pool who are afflicted with any venereal, infectious or contagious disease. The manager of the pool appointed as provided herein, is hereby authorized, directed and empowered within his or her discretion to require from any person requesting permission to enter the swimming pool a certificate of health from a licensed doctor of medicine designated by the manager, dated within three days of the date admission is sought, stating that the person applying for admission to the pool is free from any infectious or contagious disease which might endanger the health of other occupants of the pool. (Code 1989)
12-206. ADMITTANCE MAY BE REFUSED. The pool manager is hereby authorized, directed and empowered to refuse admission to any person applying for admission to the pool who is intoxicated or under the influence of drugs or opiates, or any person having a skin disease, open sores or cuts. The pool manager may, when he or she deems the same to be in the best interest of orderly operation and management of the pool, refuse admission to any person or persons whatsoever. (Code 1989)
12-207. POLLUTION, CONTAMINATION PROHIBITED. It shall be unlawful for any person or persons to throw or place in the waters of the pool any stones, debris, refuse or discarded substances. It shall be unlawful for any person to willfully pollute the waters of the pool. (Code 1989)
12-208. ANIMALS PROHIBITED. It shall be unlawful for any person or persons to allow any animal to enter the municipal swimming pool. (Code 1989)
12-209. DATES AND HOURS FOR OPENING AND CLOSING. The dates and hours for opening and closing the swimming pool shall be fixed by the Governing Body. Whenever it may become necessary by reason of an emergency or by reason of need for repairs, the City Administrator may temporarily close the pool for such purposes. (Code 1989)
12-210. CHARGES TO BE FIXED BY GOVERNING BODY. The charges for public use of the swimming pool shall be fixed by the city Governing Body. (Code 1989)
12-211. RULES, REGULATIONS; POSTING. The pool manager shall make and enforce such additional rules and regulations as may be necessary for the management and operation of the swimming pool. Copies of all rules shall be posted in conspicuous places about the swimming pool as may be determined by the pool manager. (Code 1989)
ARTICLE 3. LIBRARY
12-301. PUBLIC LIBRARY ESTABLISHED. The library of the city shall be known as “The Lyons Public Library.” (Code 1989)
12-302. LIBRARY BOARD: MEMBERSHIP; APPOINTMENT. The Mayor shall appoint, with the approval of the Governing Body, a library board for the city library. The board shall consist of seven members to be appointed in the manner and for terms provided by law and the Mayor of the city who shall be ex officio a member of the board with the same powers as appointed members. (Code 1976, 14-301)
12-303. SAME: OFFICERS; MEETINGS. The board shall annually meet and organize by the election of a chairperson, a secretary and a treasurer and such other officers as they may deem necessary. The board shall fix the date and place of its regular meetings and special meetings may be called by the chairperson or upon written request of a majority of the members in the manner provided by law. (Code 1976, 14-302)
12-304. SAME; POWERS AND DUTIES. The board shall be responsible for the general operation and maintenance of the library and shall make and adopt rules and regulations for the administration thereof in accordance with applicable state law. (Code 1976, 14-303)
12-305. SAME; FUNDS; DISBURSEMENTS; TREASURER. The funds received and set over to the library board by the city shall be deposited in a separate fund in the city treasury and the treasurer of the city may be ex officio treasurer of the library board. All funds of the library board shall be disbursed upon claims properly itemized and certified as required by law. Warrant checks shall be signed by the chairperson of the library board and the secretary and countersigned by the treasurer of the library board. (K.S.A. 12-1226; Code 1989)
12-306. DESTROYING LIBRARY PROPERTY. It shall be unlawful for any person to willfully injure or destroy any book, map, chart, or magazine or any property of like nature belonging to the library. (Code 1976, 14-304)
12-307. RETAINING LIBRARY PROPERTY. It shall be unlawful for any person or persons to take from the library any book, map, chart, magazine or other personal property except in conformity with the rules of the library, or for any person willfully to retain any such personal property, having lawfully or unlawfully obtained possession of same, after having been notified by the librarian to return the same. (Code 1976, 14-305)
ARTICLE 4. CEMETERY
12-401. NAME OF CEMETERY. The municipal cemetery shall be known as the “Lyons Municipal Cemetery,” formerly known as Graceland Cemetery. (Code 1976, 14-101)
12-402. CEMETERY MANAGEMENT; CITY MANAGER. The city cemetery shall be under the general care and supervision of the Governing Body, who shall have full power and authority to make all rules and regulations. (Code 1976, 14-102; Code 1989)
12-403. CITY ADMINISTRATOR; DUTIES.
(a) The City Administrator shall appoint a suitable person to act as sexton of the cemetery and to have immediate care of the cemetery grounds and lots. Such sexton or other person shall receive such compensation as the Governing Body may authorize from time to time.
(b) The City Administrator shall employ such additional persons as may be necessary for the proper care, maintenance and operation of the cemetery. (Code 1976, 14-102; Code 1989)
12-404. SEXTON; DUTIES. The sexton, or other city officer having immediate supervision and care of the cemetery, shall have the custody and care of all personal property of the city in or about the same. He or she shall cause all persons within the cemetery to observe the rules and regulations pertaining to conduct therein and the care and adornment of the cemetery lots. The sexton shall report all violations of cemetery rules and regulations to the City Administrator. (Code 1976, 14-102; Code 1989)
12-405. BURIALS; REGISTRAR OF VITAL STATISTICS. No interment or burial shall be made in the city cemetery without a burial permit issued by the City Clerk as local registrar of vital statistics, or by another authorized registrar if death occurs outside the local registrar’s jurisdiction, as required by state law. (Code 1976, 14-103; Code 1989)
12-405. (1) BURIAL OF HUMAN REMAINS. It shall be unlawful to permit or allow the burial of any human remains on any public or private property within the city, provided, however, that the foregoing shall not apply to the due and proper burial or disposition of remains within a properly zoned and operated cemetery in compliance with the rules and regulations applicable hereto. The scattering of the ashes of any cremated human remains is not permitted except upon private property with the permission of the owner thereof. (Ordinance 1884)
12-406. GRAVE OPENING AND CLOSING CHARGES. All graves opened in the cemetery shall be dug by the sexton thereof or under his or her supervision. The charges shall be as follows:
(a) Open and Close a grave $150.00. $100.00 Surcharge on all Saturday Burials.
(b) The interment of the remains of cremation in a small urn or container $100.00
(c) Disinterment $200.00. (Ordinance 1664 / Ordinance 1921 / Ordinance 1948)
12-407. CEMETERY REGULATIONS. The following regulations shall govern the cemetery:
(a) No visible lines will be permitted dividing lots into smaller tracts. No gravel, stone, brick or cement or any kind of artificial walks will be permitted on any lot or part of lot nor will any boxes, shells, trinkets or like objects be permitted.
(b) All burials at the city cemetery shall have the casket or body enclosed within a concrete, steel, or fiberglass receptacle, which will hold the weight of the covering soil.
(c) Except as hereinafter provided, only one burial will be permitted on each grave space as set forth on the official maps of the Lyons Municipal Cemetery. A double burial will be allowed in instances where two bodies can be placed in one ordinary outside container. Multiple burials, up to six, will be permitted of the remains of cremation in a single grave space, provided the burial or burials will not disturb or interfere with an existing grave. In the event of multiple burials on one grave space, only one head stone and only one-foot stone will be permitted.
(d) No advertisement of any kind will be permitted within the cemetery.
(e) All lots and grave spaces shall be solely for the purpose of interment by human bodies as the conveyance shall recite.
(f) No lot or grave space shall be used for the purpose of burial, nor a certificate of purchase issued until the purchase price thereof shall have been paid in full to the city (or until the City Clerk shall have satisfactory guaranty of such payment).
(g) No graves shall extend closer than two feet to the west line of the block or of the half block, as the case may be.
(h) All flag holders shall be placed at the head of the grave.
(i) No burials will be allowed on Sunday or on legal holidays. (Code 1976, 14-106; Ord. 1446, Sec. 2; Ord. 1488; Ord. 1523, Sec. 2; Code 1989)
12-408. OTHER REGULATIONS; RIGHTS RESERVED. This city reserves the right to amend any cemetery regulation established for the government and care of the municipal cemetery, and may at any time establish other and more suitable regulations therefore as the condition of the cemetery may require from time to time. The city further reserves the right to adopt and promulgate additional rules and regulations for the use, care and adornment of such other cemetery grounds as may hereafter be acquired. The city may insert restrictive covenants in cemetery deeds, which covenants shall be binding on the matters therein stated and shall be for the purpose of obtaining uniformity in size and height of markers and in the general usage of the lots. (Code 1989)
12-409. PUBLIC OFFENSES GENERALLY. All laws of the city relating to and defining public offenses in the city shall, insofar as the same shall be applicable, be in full force and effect in the cemetery. (Code 1989)
12-410. CEMETERY HOURS; UNLAWFUL ENTRANCE. It shall be unlawful for any person or persons (other than duly authorized officers or employees of the city) to enter into or be upon the cemetery grounds of the city during the time between one hour after sunset and the hour of sunrise of any day, or for any person to enter or leave the grounds other than by the established and open entrances or gateways thereto. It shall be further unlawful at all times for any person to enter or be upon the cemetery grounds of the city when the gates or entrances thereto are closed, locked or blocked without first obtaining the permission of the sexton or City Administrator. (Code 1989)
12-411. FIREARMS; UNLAWFUL USE; EXCEPTIONS. It shall be unlawful for any person to discharge any firearms or fireworks or have the same in possession while in the cemetery. This section shall not apply to military personnel or members of veterans’ organizations or to authorized persons while participating in memorial services or military funerals nor to law enforcement officers. (Code 1989)
12-412. SPEED OF VEHICLES. It shall be unlawful for any person to drive any vehicle in the cemetery faster than 10 miles per hour. (Code 1989)
12-413. VEHICLES; OPERATION; PARKING.
(a) It shall be unlawful to drive or move any vehicle within the cemetery except over a roadway open for vehicular traffic or to obstruct any path or driveway within the cemetery open to vehicular traffic. No person shall use the cemetery grounds or any driveway therein as a public thoroughfare nor drive any vehicle through the grounds except for purpose of making deliveries in connection with cemetery work or other lawful purpose.
(b) It shall be the duty of the sexton and his or her assistants to direct all vehicular traffic and the sexton is authorized to direct the parking or standing of all vehicles in the cemetery and it shall be unlawful for any person to disobey or disregard the directions of the sexton relating to the movement or standing of all vehicles within the cemetery. Code 1976, 14-106; Code 1989)
12-414. ANIMALS PROHIBITED. It shall be unlawful for any person to allow or permit any dog to run at-large within the cemetery. All persons entering the cemetery with dogs must keep the dogs on leash or confined to their automobile. (Code 1976, 14-106)
12-415. ENCLOSING LOTS, COVERING GRAVES PROHIBITED. Any fence, hedge, coping, curbing, or other means of enclosure of a lot is prohibited. (Code 1976, 14—106)
12-416. TREES; SHRUBS.
(a) The Governing Body shall have the right to trim and/or remove all trees and shrubbery planted or to be planted in the cemetery.
(b) No trees, bushes, spire or shrubbery shall be placed by lot owner in that part of the cemetery known as the Fifth Addition. All rose plantings in the Fifth Addition shall be of the poly or floribunda type.
(c) All plantings shall be supervised by the sexton. (Ord. 1488)
12-417. MONUMENT WORK; PERMIT; APPLICATION.
(a) No one shall do monument work of any kind in the cemetery without first obtaining a permit from the sexton.
(b) Monument dealers or any person desiring to erect monuments or grave markers in the cemetery must first submit to the sexton specifications showing the size of the monument or marker to be used and the plan and materials to be used in constructing the base upon which the monument is to be placed.
(c) All monumental work shall be under the supervision of the sexton.
(d) Fees for stone setting will be set by the Governing Body.
(Code 1976, 14-106; Ord. 1488; Code 1989/Ordinance 1755)
12-418. SAME; LOCATION; SIZE. In all parts of the cemetery, monuments or headstones shall be erected only on the west line of the block or half block with the backside of the monument on a north-south line. Grave markers or footstones shall not exceed 12 inches x 24 inches and shall be placed flush with the ground at the east end of the grave. If there is no monument or headstone then the grave marker or footstone shall be placed as if it were a monument or headstone. (Ord. 1488)
12-419. SAME; FIFTH ADDITION. All monuments erected in the Fifth Addition shall not exceed 42 inches in height. (Ord. 1488)
12-420. ABOVE-GROUND MAUSOLEUMS AND VAULTS.
(a) Above-ground mausoleums and vaults may be erected in the municipal cemetery if they are no higher than 48 inches above-ground level, have a width of not more than seven feet, a length of not more than nine feet and shall be erected on not less than two grave spaces. The materials used and construction of the same must conform to all laws of the State of Kansas governing the erection of mausoleums and vaults.
(b) Monument dealers or any person desiring to erect a mausoleum or vault above-ground must first submit to the sexton specifications showing the size of the mausoleum or vault and the plan and materials to be used in constructing the base upon which the mausoleum or vault is to be placed, together with the location of the same, and no work shall be done until the construction of the same is authorized in writing by the sexton.
(c) Other aboveground mausoleums and vaults may be erected by the consent of the Governing Body. (Ord. 1453)
12-421. CITY CLERK; RECORDS; CONVEYANCES; PERMITS; FUNDS. The City Clerk shall have the custody and keeping of the original and official cemetery records of lots, conveyances, owners and interments in the cemetery and shall keep an official plat of the cemetery in his or her office. The clerk shall collect and account for cemetery funds from sale of lots or received from other sources, and shall issue all cemetery deeds and the sexton shall issue all permits. All such funds shall be delivered over to the City Clerk and credited to the city general operating fund. (Code 1989)
12-422. CEMETERY LOTS; TRANSFERS ASSIGNMENTS. Lots shall be sold for no other purpose than for burial of the human dead and such incidental uses as are proper and suitable for a cemetery lot. The Governing Body of the city shall have the right to refuse to sell any portion of a parcel of ground owned by it to any person, firm, corporation or association. When a lot owner dies, his or her heirs or devisees will be recognized according to the laws of the State of Kansas, upon compliance with laws of the State of Kansas relative to showing such devolution of title of record. It shall be the duty of the heirs or devisees to file with the City Clerk full and proper proof of their ownership, and no further interments shall be made until such proof is furnished:
provided this section shall be subject to reinvestment of title in the city as provided by law. No sale, assignment or transfer of lots shall be recognized by the city until the deed or assignment shall have been properly recorded in the office of the register of deeds of Rice County, and proof of the transfer and recording file in the office of the City Clerk. Fees for transfer or exchange of lots or spaces will be set by the Governing Body. (Code 1976, 14-105/Ordinance 1756)
12-423. SAME; COST; DEEDS; REPURCHASE BY CITY.
(a) The price of lots in the Lyons Municipal Cemetery shall be $200.00 for each allowable grave space on the lot or portion of a lot to be sold and shall include perpetual care which shall amount to $100.00 for each grave space.
(b) No deed shall be issued to any lot until after the purchase price of the same shall have been paid in full. Upon payment the City Clerk of the city shall issue a deed to the purchasers of lots. All deeds shall recite that its execution is subject to all the rules and regulations governing the cemetery.
(c) The city may repurchase cemetery lots or portions thereof at a price equal to the original sale price. (Ordinance 1664)
ARTICLE 5. CEMETERY ENDOWMENT FUND
12-501. ENDOWMENT FUND CREATED; PURPOSE. There is hereby created an endowment fund for Lyons Municipal Cemetery for the purpose of caring for the cemetery in the future. (Code 1976, 14-201)
12-502. FINANCING ENDOWMENT FUND; CONTRIBUTIONS.
(a) $100.00 shall be deducted from the sale price of each grave space sold which sum shall be set aside as an endowment fund.
(b) The Governing Body is authorized to transfer to the endowment fund, by resolution duly passed and adopted, any further sums of money as they may receive from gifts or contributions to the endowment fund. (Code 1976, 14-202)
12-503. INVESTMENT OF FUNDS; USE OF INTEREST. All funds shall be invested as authorized by K.S.A. 12-1675, and amendments thereto, in the manner prescribed therein or in state, county or municipal bonds, bonds of the United States of America or any bonds guaranteed, both as to principal and interest, by the United States of America. The interest accruing from the investment shall annually be expended for caring for graves, beautifying and improving the cemetery; but in no case shall the fund be depleted or lessened, and nothing but its earnings, as they accumulate annually, shall be expended for any purpose whatsoever, except as specified herein. (Ord. 1517)
12-504. CITY TREASURER; DUTIES. The City Treasurer shall set up and keep the necessary books for the creation of the endowment fund. All investment of funds shall be approved in the manner as otherwise provided for the investment of temporary idle funds of the city. (Ord. 1517)
ARTICLE 6. AIRPORT AND AIRCRAFT
12-601. DEFINITIONS. For purposes of this article, the following words shall be considered to have the following meaning:
(a) Aircraft means any aeroplane, airplane, gasbag, flying machine, balloon, or any contrivance now known or hereafter used or designed for flight in the air except a parachute or other device used primarily as safety equipment.
(b) Acrobatic flying means any intentional airplane maneuver or stunt not necessary to air navigation or operation of aircraft in such manner as to endanger human life or safety by the performance of unusual or dangerous maneuvers. (Code 1976, 2-201)
12-602. GENERAL ORDINANCES APPLIED. The general ordinances of the city pertaining to conduct of persons, firms or corporations and the protection of lives and property in the city shall be extended to any and all airports owned by the city and county as per applicable agreements. (Code 1976, 2-101)
12-603. USE OF AIRPORT. It shall be unlawful for any person, firm or corporation to use the airport or any portion thereof for the purpose of any show, exhibition or circus of any kind or nature whatsoever without first having obtained a permit therefore from the City Clerk upon the approval of the Governing Body. The Governing Body may in its discretion fix a charge for any such use of the airport and may require any users thereof to obtain and file with the City Clerk a policy of public liability and property damage insurance conditioned in such manner and in such amounts as may be required by the council. The terms of this article shall be inoperative wherever they may be inconsistent with the terms of any existing valid lease of the airport facilities or city-county agreement. (Code 1976, 2-102)
12-604. DENIAL OF USE OF AIRPORT. The City Council may at any time deny the use of the city-county airport or any part thereof to any person, firm or corporation, guilty of any violations of the laws of the United States, the State of Kansas, the rules and regulations of the United States Department of Commerce, or any division thereof, or the rules and regulations of the city, or to any person who shall be guilty of any dangerous conduct or practice on the airport. It shall be unlawful for any person, firm or corporation to use the airport or any portion thereof, after the use thereof has been denied by reason of the foregoing. (Code 1976, 2-103)
12-605. MINIMUM HEIGHT LIMITS.
(a) Except while taking off or landing at an established landing field or airport, no person, firm or corporation shall fly or permit any aircraft to be flown less than 1000 feet above the corporate limits of the city.
(b) The provisions of this section shall not apply when special circumstances render a departure necessary to avoid immediate danger, or when such departure is required because of weather conditions or other unavoidable cause. (Code 1976, 2-202; Code 1989)
12-606. LICENSED OPERATORS. It shall be unlawful for any person to operate any aircraft within or over the corporate limits of the city, or from the Lyons, Rice County Airport unless such person has been issued a proper certificate by the Civil Aeronautics Administration and unless such aircraft shall have first received a certificate of airworthiness from the Civil Aeronautics Administration. (Code 1976, 2-203)
12-607. OPERATION UNDER RULES OF FEDERAL CIVIL AERONAUTICS ADMINISTRATION. It shall be unlawful for any person to operate any aircraft over or within the city or from Lyons, Rice County Airport, in violation of any of the rules or regulations, of the Civil Aeronautics Administration. (Code 1976, 2-204)
12-608. ACROBATIC FLYING PROHIBITED. Acrobatic flying by any person flying over any portion of the city or over the Lyons, Rice County Airport is hereby prohibited. This provision shall not apply to acrobatic flying during air shows and special events sanctioned by the city and Rice County, Kansas at the Lyons Rice County Airport. (Code 1976, 2-205; Code 1989)
12-609. LANDING AT OTHER THAN ESTABLISHED AIRPORT PROHIBITED. Except in case of emergency, it shall be unlawful for any person to land any aircraft within the corporate limits of the city except upon regularly established airport, field, or landing places. (Code 1976, 2-206)
12-610. DROPPING OBJECTS FROM AIR.
(a) No person shall cause or permit to be thrown out, discharged or dropped, from any aircraft within the corporate limits of the city, or over the Lyons, Rice County Airport, or at any place within the police jurisdiction of the city any object or thing, except loose water or loose sand ballast when such is absolutely essential to the safety of the occupants of the aircraft.
(b) The provisions of this section shall not apply to aerial spraying when contracted for by the Governing Body.
(c) This provision shall not apply to acrobatic flying during air shows and special events sanctioned by the city and Rice County, Kansas at the Lyons Rice County Airport. (Code 1976, 2-208; Code 1989)
CHAPTER XIII. STREETS AND SIDEWALKS
Article 1. Sidewalks
Article 2. Streets
Article 3. Trees, Shrubs and Fences
Article 4. Snow and Ice
ARTICLE 1. SIDEWALKS
13-101. PERMIT REQUIRED. It shall be unlawful to construct, reconstruct or repair any sidewalk within the city until the plans first have been approved by the City Administrator and a permit issued for such work by the City Clerk. (Code 1976, 16-103(a):(b); Code 1989)
13-102. SIDEWALK GRADE. Before any sidewalk, crosswalk or curb shall be laid or constructed, the City Administrator or other duly authorized official shall ascertain and indicate the property line according to the recorded plat thereof. He or she shall establish and stake out the alignment and grade of such sidewalk and make and file a record of the same with the City Clerk, and such sidewalk, crosswalk and/or curb shall be built and constructed in conformity therewith. (Code 1976, 16-102)
13-103. SAME; SPECIFICATIONS.
(a) Sidewalks shall be constructed using portland cement concrete. The mixture for the concrete shall produce a concrete, which will have a minimum 28-day compressive strength of 2,500 pounds per square inch. No concrete mixture shall be leaner than four parts sand to one part portland cement.
(b) All sidewalks shall have a minimum thickness of four inches.
(c) Sidewalks constructed in residential areas shall have a minimum width of four feet. Sidewalks constructed in business districts shall have a minimum width of 10 feet.
(d) The near edge of sidewalks constructed in residential areas shall be six inches outside (on the street side) of the front property line. All sidewalks constructed in business districts shall extend to the back edge of the curb and gutter if existing or at least 10 feet out from the front of the building line or property line if curb and gutter is not in place.
(e) The City Administrator may grant a variance for a change of location. (Code 1976, 16-103(c):(e))
13-104. SAME; CONSTRUCTION METHOD.
(a) Finish: Wood float followed by a stiff broom finish as required to insure nonslip characteristics.
(b) Transverse Grades: Sidewalk shall slope one-quarter inch per foot toward the direction of the desired drainage pattern.
(c) Longitudinal Grades: Sidewalk shall conform in general with the adjacent curb and gutter and street grades.
(d) Expansion Joints: Expansion joints, one-half inch thick, shall be placed where the sidewalks joint or abut curb and gutter, building or other permanent structure, or in straight runs not to exceed 30 feet. Expansion joint material may be premoulded or poured in place type. If premoulded type is used, the top one-half inch shall be sealed with approved poured or mastic material.
(e) Block or Contraction Joints. All sidewalks shall be divided into blocks or stones by transverse cuts at a maximum of five-foot intervals. Any joint which exceeds six feet in width shall have a joint or joints cut longitudinally at not to exceed five foot intervals or separations. These joints may be cut by using a trowel to cut down through the four-inch thickness along a straight edge. All cuts shall be finished with an edging tool.
(f) Edging. The edges of all walks, including those at expansion and contraction joints shall be finished with an edging tool. (Code 1976, 16-103(f))
13-105. SAME; PETITION. When a petition signed by no fewer than 10 citizens owning real estate in the city requesting construction of a sidewalk is filed with the City Clerk, the Governing Body may in its discretion, by a resolution, order such sidewalk constructed as herein provided. (K.S.A. 12-1803; Code 1989)
13-106. SAME; CONDEMNATION, RECONSTRUCTION. When any sidewalk, in the opinion of the Governing Body, becomes inadequate or unsafe for travel thereon, the Governing Body may adopt a resolution condemning such walk and providing for the construction of a new walk in the place of the walk condemned. (K.S.A. 12-1804; Code 1989)
13-107. NOTICE; PUBLICATION. The resolution providing for the construction or reconstruction of a sidewalk, as the case may be, shall give the owner of the abutting property not less than 30 days nor more than 60 days after its publication one time in the official city paper in which to construct or cause to be constructed or reconstructed the sidewalk at his or her own expense. If the sidewalk is not constructed by the property owner within the time specified, the Governing Body shall cause the work to be done by contract. (K.S.A. 12-1805; Code 1989)
13-108. RIGHT OF ABUTTING OWNER. Nothing in this article shall be construed to prohibit the owner of property abutting on a street, who desires to construct or reconstruct a sidewalk at his or her own expense and in accordance with official plans and specifications for the purpose and which meet such other requirements as would have to be met if the sidewalk were constructed or reconstructed by the city, to construct or reconstruct a sidewalk without any petition or a condemning resolution by the Governing Body. If such property owner desires the sidewalk to be constructed and reconstructed by the city and an assessment levied as provided by law in other cases, he or she shall file a request with the Governing Body. The Governing Body, in its discretion, may provide for the construction or reconstruction of the sidewalk requested in the same manner as in other cases where citizens or taxpayers petition the Governing Body. (K.S.A. 12—1806; Code 1989)
13-109. REPAIRS BY OWNER OR CITY. It shall be the duty of the owner of the abutting property to keep the sidewalk in repair, but the city may, after giving five days’ notice to the owner or his or her agent, if known, of the necessity for making repairs or without notice if the lot or piece of land is unoccupied, make all necessary repairs at any time. The same shall be done and the cost thereof assessed against the lot or piece of land abutting on the sidewalk so repaired as may be provided by law. (K.S.A. 12-1808; Code 1976, 16— 104)
13-110. PERFORMANCE, STATUTORY BOND. In any case where the reconstruction or construction of a sidewalk is required to be done by contract as provided in section 13-107 hereof, the Governing Body may require the contractor to give a bond for the faithful performance of the contract and for the construction of the sidewalk in accordance with the plans and specifications, ordinances of the city or laws of Kansas, and for all contracts exceeding $1,000.00 entered into by the city for any such purpose a statutory lien bond required by K.S.A. 60-1111 shall be furnished. (Code 1989)
13-111. OBSTRUCTING SIDEWALKS. It shall be unlawful for any person to build or construct any step or other obstruction, whether temporary or permanent, or to store, leave or allow to be left any implements, tools, merchandise, goods, containers, benches, display or show cases, on any sidewalks or other public ways in the city or to obstruct the same longer than is necessary for loading or unloading any such article or object. (Code 1989)
13-112. SAME; EXCEPTIONS; USE OF STREETS AND SIDEWALKS. No merchandise shall be displayed on the public streets or sidewalks except as herein provided:
(a) Merchants owning or operating a place of business within a commercial district may display merchandise for sale on up to four feet of the sidewalk or public area directly adjoining the merchant’s place of business unless by so doing there is less than four feet of paved sidewalk area remaining adjoining the merchant’s place of business for unhampered foot traffic.
(b) The City Clerk may grant a permit to a merchant owning or operating a place of business within a commercial district to occupy more of the sidewalk or other public area directly adjoining the merchant’s place of business than is provided in subsection (a) above by the issuance of a permit for such use. The permit or permits shall not authorize the use of the sidewalk or other public area for more than three days in any one-month. The merchants shall be required to leave available adjacent to his or her place of business not less than four feet of open sidewalk area for unhampered foot traffic passing by his or her place of business.
(c) The City Administrator may authorize the granting of temporary permits in connection with a building or moving permit for limited times only to the owner of property abutting on any sidewalk to use or encumber such sidewalk or public way of the city during the construction of any building or improvement thereon. No permit shall be issued for such purpose until plans for warning and safeguarding the public during such use of sidewalks shall have been submitted by the owner or his or her contractor and approved by the City Administrator. (Ord. 1498, Sec. 1; Code 1989)
ARTICLE 2. STREETS
13-201. EXCAVATION PERMIT. No person, other than authorized city employees, shall dig or excavate any hole, ditch, trench or tunnel in or under any street, alley, sidewalk, park or other public property or public easement through private property without first having secured a permit for such excavation. Application shall be made to the Kansas One Call. (Code 1976, 16-302; Code 1989)
13-202. SAME; BOND.
(a) The city may require an applicant to provide a good and sufficient bond in the sum of $1,000.00 conditioned that the applicant will faithfully comply with all the terms and conditions of this article, and will indemnify and hold the city harmless against all costs, expenses, damages and injuries by persons or by the city sustained by reason of the carelessness or negligence of the permit holder. No bond for this purpose shall run for longer than two years without being renewed. The bond shall remain in full force and effect as to each excavation for two years after the same has been made or completed.
(b) Any utility operating under a franchise or a contractor under contract with the city for municipal improvement shall not be required to give bond as provided in subsection (a).
(c) Each bond given under this section shall be approved by the City Attorney and filed with the City Clerk. (Code 1976, 16-304; Code 1989)
13-203. SAME; FILED. If the application is approved by the city, the City Clerk shall issue a permit. Each permit issued under the provisions of this section shall cover only one specified excavation. (Code 1989)
13-204. SAME; BARRICADES. Any person to whom an excavation permit is issued shall enclose all excavations, which they make with sufficient barricades and danger signs at all times, and shall maintain sufficient warning lights or flares at nighttime. The holder of an excavation permit shall take all necessary precautions to guard the public against all accidents from the beginning of the work to the completion of the same. (Code 1976, 16-306; Code 1989)
13-205. SAME; UNLAWFUL ACTS. It shall be unlawful for any person, except those having authority from the city or any officer thereof to throw down, interfere with or remove any barriers, barricades, or lights placed in any street to guard and ward the traveling public of any construction work thereon or adjacent thereto. (Code 1976, 16-408; Code 1989)
13-206. CUTTING CURBS; PAVEMENT.
(a) No person shall cut any curb, gutter, pavement, blacktop, sidewalk or excavate any street, alley or other public grounds of the city for any purpose without first obtaining a permit authorizing the same from the City Clerk.
(b) Once the work for which the excavation was made has been completed the city shall restore the pavement, blacktop, sidewalk or other surfacing at the expense of the person from whom the excavation was made. (Code 1989)
13-207. ALTERING DRAINAGE. No person shall change or alter any gutter, storm sewer, drain or drainage structure, which has been constructed, or is being lawfully maintained or controlled by the city unless such change or alteration has been authorized or directed by the City Administrator. (Code 1989)
13-208. UNFINISHED PAVEMENT. No person shall walk upon, drive or ride over or across any pavement, sidewalk or incomplete grading, which has not been opened for traffic. (Code 1989)
13-209. USING STREETS.
(a) No person shall occupy any portion of any street, alley or sidewalk for the purpose of temporarily storing building materials without first obtaining a permit for such temporary use from the City Administrator.
(b) No person may use any portion of any sidewalk or street right-of-way for the purpose of displaying or offering for sale wares, goods, merchandise or other items. Nothing in this article, however, shall be construed as prohibiting the city Governing Body from temporarily waiving the prohibition of this subsection in connection with community promotions or community-wide celebrations when such waiver is considered to be in the best interest of the city. (Code 1976, 16-401; Code 1989)
13-210. DANGEROUS OBJECTS IN. It shall be unlawful for any person to place, throw or cause to be placed or thrown in or on any street, alley, sidewalk or other public grounds of the city, any glass, tacks, nails, bottles, wire or other dangerous objects that might wound any person or animal, or cut or puncture any pneumatic tire while passing over the same. (Code 1989)
13-211. PETROLEUM PRODUCTS IN STREETS. It shall be unlawful for any person, firm or corporation to deposit or throw any waste oil, fuel oil, kerosene, gasoline or other products of petroleum or any acids into or upon any street or public grounds of the city, or willfully to permit the same to be spilled, dripped or otherwise to come into contact with the surface of any street, alley, or sidewalk within the city. (Code 1989)
13-212. BURNING IN STREETS. It shall be unlawful for any person to make or cause to be made, any fire upon any of the paved streets, alleys, or street intersections within the city. (Code 1989)
13-213. THROWING IN STREETS. It shall be unlawful to throw or bat any ball, stone, or other hard substance into, on or across any street or alley or at or against any building or vehicle. (Code 1989)
13-214. HAULING LOOSE MATERIAL. It shall be unlawful to haul over the streets or alleys of this city any loose material of any kind except in a vehicle so constructed or maintained as to prevent the splashing or spilling of any of the substances therein contained upon the streets or alleys. (Code 1989)
13-215. STREET IMPROVEMENTS; PLAN APPROVAL. No street shall be curbed, guttered, paved or otherwise improved unless the Governing Body shall have first approved plans and specifications for the improvement of the street. All plans and specifications must be prepared by a licensed professional engineer, licensed by the State of Kansas. The Governing Body shall not approve any plans or specifications until it is satisfied:
(a) Satisfactory provisions have been made for the use of materials and construction techniques that will be suitable for the particular street or streets to be improved;
(b) The improvements will meet general street improvement standards adopted by the Governing Body of the city;
(c) Satisfactory provisions have been made for the handling and drainage of surface water. (Code 1976, 16-201; Code 1989)
13-216. SAME; SUPERVISION; INSPECTION. All street improvements shall be supervised and inspected by a licensed professional engineer. (Code 1976, 16-202; Code 1989)
13-217. SAME; EXCEPTIONS. The provisions of sections 13-215 and 13-216 shall not apply to the repair, maintenance, sealing or resurfacing of existing streets in the city, when done by the city or its agents. (Code 1976, 16-203; Code 1989)
13-218. SAME; CONSTRUCTION STANDARDS.
(a) All platted streets shall be at least 60 feet wide and all alleys shall be at least 20 feet wide.
(b) Paved street shall be at least 31 feet back to back of the curb.
(c) All curb and guttering constructed within the city where practicable shall be what is designated the “standard six inch curb.”
(d) All driveways opening onto the city streets to be constructed or widened shall be at least 12 feet in width where the driveways cross the city parking area and the returns on each side of the driveway shall have a radius of five feet. (Code 1976, 16-205:206, 16-208:209; Code 1989)
13-219. DEAD END STREETS. There shall be no dead end streets platted having a length of more than 300 feet. At the end of each dead end street shall be platted a cul-de-sac having a diameter of at least 100 feet. (Code 1976, 16-207; Code 1989)
ARTICLE 3. TREES, SHRUBS AND FENCES
13-301. PERMIT REQUIRED. It shall be unlawful to plant any tree or shrub in the city streets or that portion known as the right of way without having first secured a (no fee) permit therefore. Applications for such permits shall be made to the City Clerk on a form provided for the purpose. (Code 1976, 16-804; Code 1989)
13-302. DISTANCE AND CLEARANCES FOR PLANTING. No tree listed in section 13-303 shall be planted closer than three (3) feet from a sidewalk, or five (5) feet from the curb line. All trees shall be planted at least five (5) feet away from the vertical extension of any water, gas, sewer or other utility line. No tree shall be planted closer than ten (10) feet from any fireplug. No tree shall be planted closer than thirty-five (35) feet from street corner measured from the point of the nearest intersection of curbs or curb lines. (Code 1976, 16-803; Code 1989/Ordinance 1788)
13-303. SPECIES OF TREE. Tree approved for planting in city street rights-of-way will be selected from: Preferred Trees for South Central Kansas, a publication made available in cooperation with the USDA Forest Service, and supported by Kansas State University and the Kansas Forest Service. (Code 1976, 16-803; Code 1989/ Ordinance 1788)
13-304. RESTRICTION VARIANCE. The board of zoning appeals shall have authority to grant variances from strict compliance with the terms of this article to permit the planting of decorative trees and shrubs in locations not authorized herein when in special circumstances, exact compliance with this article would work an undue hardship. When variances are granted, the board of zoning appeals shall make such additional regulations as may be necessary in any particular case to protect and preserve traffic safety, use of the area for utility purpose, public safety and general welfare. In no case shall a variance be granted which is contrary to the general spirit of this article. (Code 1976, 16-804; Code 1989)
13-305. DUTY TO TRIM. It shall be the duty of the owner, or agent, of real estate in the City abutting upon a pubic way to keep all trees and shrubs, located on all streets and alleys, or located adjacent to streets and alleys, properly trimmed in a manner that they will not interfere with the public travel on a public way, or constitute a traffic hazard. The following conditions are hereby deemed to be a public nuisance and interfere with the use of streets or alleys and sidewalks:
1. Tree or shrub limbs or branches which overhang in the paved or driving portion of a street, alley or roadway at a height of less than 13 feet;
2. Tree limbs or branches, which overhang a public sidewalk at a height of less than eight (8) feet;
3. Tree limbs or branches, which interfere with the visibility of any traffic control device or sign
4. Tree limbs or branches, which obstruct the light from any street lamp.
It shall be the duty of the owner, or agent of real estate in the City abutting upon a public street or alley to keep all trees, tree limbs and branches properly trimmed in a manner that they will not constitute a public nuisance and will not violate the above set forth standards. If the Superintendent of Streets finds that there are violations of the standards as above set forth, the Superintendent of Streets shall have the right to abate said public nuisances. If, in the opinion of the Superintendent of Streets, an emergency abatement is required to protect the public health, safety, and welfare, he may issue an Order directing the owner, or agent of the real estate to take appropriate action to immediately abate the nuisance causing the emergency. If the owner, or agent, does not take immediate action to abate the emergency, or is not immediately available, the Superintendent of Streets shall act to abate the emergency. If any costs are incurred from the abatement, said costs are to be assessed and collected from the owner of said real estate, or abutting real estate, directly from said owner or by assessment on the tax rolls as hereinafter provided. In the event the Superintendent of Streets determines that a violation exists, and said violation does not constitute an emergency condition, the Superintendent of Streets shall cause a Notice of Abatement to be served upon the owner, or agent, of real estate on which the offending tree or shrub is located, or to which the street or alley abuts. After receiving notice of such violation the property owner, or agent, shall have not less than 20 days to comply with the requirements set forth herein. The notice by personal service shall be sent by regular mail, certified or restricted mail with return receipt requested, or by publication notice. If the owner, or agent, fails to abate the nuisance within the time prescribed by the notice given said owner, or agent, then the Superintendent of Streets may cause said nuisance to be abated and have the costs therefore, including reasonable administrative costs, assessed to the abutting property owner, or property owner, as a special assessment provided by K.S.A. 12-3201. (Ordinance 1606 / Ordinance 1788)
13-306. DISEASED TREES; DETERMINATION. Whenever any competent city authority or competent state or federal authority shall file with the Governing Body a statement in writing based upon a laboratory test or other supporting evidence that trees or tree materials or shrubs located upon private property within the city are infected or infested with or harbor any tree or plant disease or insect or larvae, the uncontrolled presence of which may constitute a hazard to or result in the damage or extinction or other trees or shrubs in the community, describing the same and where located, the Governing Body shall direct the City Clerk to forthwith issue notice requiring the owner or agent of the owner of the premises to treat or to remove any such designated tree, tree material or shrub within a time specified in the notice. (Code 1989)
13-307. SAME; NOTICE SERVED. Notice shall be served by a police officer by delivering a copy thereof to the owner, and the person in possession of such property, or if the same be unoccupied or the owner a nonresident of the city, then the City Clerk shall notify the owner by mailing a notice by certified mail to his last known address. (Code 1989)
13-308. SAME; FAILURE OF OWNER; DUTY OF CITY. If the owner or agent shall fail to comply with the requirements of the notice within five days, then the city shall proceed to have the designated tree, tree material or shrub treated or removed and charge the cost of treatment, or removal on the owner’s property tax notice. (Code 1989)
13-309. SAME; PREVENT SPREAD OF DISEASE. No tree, tree materials or shrubs as mentioned herein which have been cut down, either by the property owner or by the city shall be permitted to remain on the premises, but shall be removed to prevent the spread of the tree disease. (Code 1989 / Ordinance 1788)
13-310. DANGEROUS AND DEAD TREES ON PRIVATE PROPERTY. The city shall have the right to cause the removal of any dangerous or dead trees on private property within the city, when such trees constitute a hazard to life and property. The city will notify in writing the owners of such trees. Removal shall be done by said owners at their own expense within 10 days after the date of service of notice. In the event of failure of owners to comply with such provisions, the city shall have the authority to remove the trees and charge the cost of removal on the owner’s property tax notice. (Code 1989 / Ordinance 1788)
13-311. COSTS ON TAX ROLLS. The City Clerk shall, at the time of certifying other city taxes to the County Clerk, certify the unpaid costs for treatment or removal performed under the authority of sections 13-308:310 and the County Clerk shall extend the same on the tax roll of the county against the lot or parcel of ground. The cost of such work shall be paid from the general fund or other proper fund of the city, and such fund shall be reimbursed when payments therefore are received or when such assessments are collected and received by the city. (Code 1989)
13-312. INJURING TREES AND SHRUBS. No person shall willfully break, cut, take away, destroy, injure, mutilate, or attempt to willfully break, cut, take away, destroy, injure or mutilate any tree, shrub, vine, flower or landscaping standing, growing, or being upon the premises in the possession of another, or growing on any public ground or park in the city. (Code 1989 / Ordinance 1788)
13-313. FIRE HYDRANTS, PLANTINGS ADJACENT TO. No person shall plant or cause to be planted nor allow to grow upon property owned by him or her any shrubs, trees or planting of any kind, which will obscure the view of and access to any fire hydrant by fire apparatus approaching from any direction. (Code 1989)
ARTICLE 4. SNOW AND ICE
13-401. SNOW AND ICE TO BE REMOVED.
(a) It shall be unlawful for the owner and/or the occupant of any lots abutting upon any sidewalks to fail to cause to be removed from such sidewalks all snow and ice within 12 hours from the time that the snow fall or ice storm ceases. If the snow falls or ice accumulates upon the sidewalks in the nighttime, removal of same must be made within 12 hours after sunrise on the following day.
(b) It shall be unlawful for any person to place snow removed from private property upon any public street, alley or sidewalk. (Code 1989)
13-402. SAME: EXCEPTION; ALTERNATE REMEDY. Where there shall be ice or compacted snow on any such sidewalk of such a character as to make it practically impossible to remove the same, the sprinkling of ashes, sand or other non-corrosive chemicals on the accumulation of ice or snow in such a manner as to make such sidewalk reasonably safe for pedestrian travel shall be deemed a sufficient compliance with the provisions of this article until the ice or snow can be removed. (Code 1989)
13-403. SAME; PENALTY. That any person violating the provisions of section 13-401 shall, upon conviction, be fined $25.00. (Code 1989)
13-404. REMOVAL MAY BE MADE BY CITY. If any owner or occupant of any lot or lots shall refuse or neglect to clean or remove from the sidewalk abutting the lot or lots all snow and ice within the time specified, the city may cause such snow and ice to be removed from sidewalks and the cost thereof shall be assessed against such abutting lot or lots, and the City Clerk shall certify the same to the County Clerk for collection as provided by law. (Code 1989)
13-405. COSTS ON TAX ROLLS. The City Clerk shall, at the time of certifying other city taxes to the County Clerk, certify the unpaid costs for removal of snow or ice performed under the authority of section 13-404 and the County Clerk shall extend the same on the tax roll of the county against the lot or parcel of ground. The cost of such work shall be paid from the general fund or other proper fund of the city, and such fund shall be reimbursed when payments therefore are received or when such assessments are collected and received by the city. (Code 1989)
ARTICLE 5. FENCES
13-501. FENCES; RESTRICTIONS. It shall be unlawful to erect a fence in any portion of the streets, alleys or right-of-ways of the city including that area known as the parking area.
13-502. FENCES IN UTILITY EASEMENTS. Property owners may construct fences in utility easement areas owned by the city or franchised utility companies. When it becomes necessary that the fence be removed in order to use the utility easement for utility purposes, they may be removed by the city or utility companies and replacement, if desired, shall be at the expense of the property owner. (Ordinance 1789)
CHAPTER XIV. TRAFFIC
Article 1. Standard Traffic Ordinance
Article 2. Local Traffic Regulations
Article 3. Appearance Bonds
Article 4. Impoundment of Motor Vehicles
Article 5. Hazardous Materials
Article 6. Bicycles
ARTICLE I. STANDARD TRAFFIC ORDINANCE
14-101 INCORPORATING STANDARD TRAFFIC ORDINANCE. The Governing Body
will review annually and incorporate by ordinance for the purpose of regulating traffic
within the corporate limits of the City of Lyons, Kansas, that certain standard traffic
ordinance known as the “Standard Traffic Ordinance for Kansas Cities,” prepared and
published in book form by the League of Kansas Municipalities, Topeka, Kansas. No
fewer than three copies of said Standard Traffic Ordinance shall be marked or stamped
“Official Copy as Adopted by Ordinance,” with all sections amended or portions
thereof clearly marked to show the amendment and to which shall be attached a copy
of the applicable ordinance, and filed with the City Clerk to be open to inspection and
available to the public at all reasonable hours. The Police Department, Municipal
Judge and all administrative departments of the City charged with enforcement of the
ordinance shall be supplied, at the cost of the City, such number of official copies of
such Standard Traffic Ordinance similarly marked, as may be deemed expedient.
(Ordinance 1734)
14-102. TRAFFIC INFRACTIONS AND TRAFFIC OFFENSES.
(a) An ordinance traffic infraction is a violation of any section of this ordinance that prescribes or requires the same behavior as that prescribed or required by a statutory provision that is classified as a traffic infraction in K.S.A. 8-2118.
(b) All traffic violations which are included within this ordinance, and which are not ordinance traffic infractions as defined in subsection (a) of this section, shall be considered traffic offenses.
101. SAME; SECTION 1 AMENDED. The provisions defining Street or Highway appearing in Article 1, Section 1, shall read as follows: The entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel. Where the word “highway” or the word “street” is used in this ordinance, it shall mean street, avenue, boulevard, thoroughfare, traffic way, alley and other public way for vehicular travel by whatever name unless the context clearly indicates otherwise. In addition to the above, the terms “street” or “highway” shall be deemed to include semi-public and private roadways, driveways and parking lots used by the public by permission of the owner whenever the owner or parties in possession or in control of the property used for purposes of vehicular traffic or parking shall cause to be posted at each entrance thereto a permanently lettered, clearly legible sign with the following legend: “Traffic regulations of the city enforced on this property.” When such property is posted, it shall thereafter be deemed to be under the traffic regulations of the city. (Ord. 1536, Sec. 2)
ARTICLE 2. LOCAL TRAFFIC REGULATIONS
14-201. TRAFFIC CONTROL DEVICES AND MARKINGS. The Standard Traffic Ordinance as adopted is hereby modified by adding thereto the following:
The Governing Body may, by resolution, establish and fix the location of such traffic control devices as may be deemed necessary to guide and warn traffic under the provisions of this chapter, other traffic ordinances and the state laws. The city shall place and maintain such traffic control signs, signals and devices when and as may be required by the authority of the Governing Body to make effective the provisions of this chapter and other ordinances for the regulation of traffic. (Code 1989)
14-202. ONE-WAY STREETS AND ALLEYS. When signs are in place giving notice thereof, it shall be unlawful for any person to operate a motor vehicle on any such streets or alleys in a direction other than that designated:
(a) The alley in the North one-half (1/2) of Block Two of White’s Addition to the City of Lyons shall be a one-way alley for Southbound traffic.
(b) The East-West alley in Block Two of White’s Addition to the City of Lyons shall be one-way for westbound traffic only. (Ordinance 1602)
14-203. PARKING; PROHIBITED. It shall be unlawful to park any vehicle at any time on the following described streets or portions thereof:
(a) West Main Street from junction of the alley between West Avenue South and Pioneer with West Main Street west to the west city limits;
(b) East Main Street from the intersection of Grand Avenue and Main Street east to the junction of east Main Street in the city with Highway 56 East;
(c) On any portion of Highway 56 East in the city;
(d) Taylor Street from Grand Avenue west to the west city limits;
(e) Except as provided in Section 14-205(a) and (b), Grand Avenue, from the intersection of Main Street and Grand Avenue to the north city limits;
f) Grand Avenue from the intersection of Lyon Street with Grand Avenue south to the south city limits;
g) The west side of Grand Avenue from the intersection of Commercial Street with Grand Avenue south to the intersection of Grand Avenue with Lyon Street.
h) On the west side of Douglas Avenue from West Main Street south to the south city limits except in areas where parking is permitted on the street right-of-way but off the paved driving portion of the street;
i) On the west side of Walnut Avenue from Main Street south to Commercial Street;
j) On the west side of Garfield Avenue from Main Street south to Commercial Street;
k) On the west side of East Avenue South from Lyon Street to Jay Street;
l) On the west side of the east half of Tobias Drive and on the west side of the west half of Tobias Drive;
m) On the south side of Lincoln Street from Douglas Avenue west to Dewitt Street as originally platted, when signs are in place giving notice thereof, and at such times as shall be indicated on the signs giving notice of No Parking;
n) On the north side of west Washington Street from Pioneer Avenue to Douglas Avenue.
o) On the west side of North Logan Street for about ¼ of a block.
(p) On South Clark at Hospital Area North End by Alley (West Side) North 14’.
(q) On South Clark at Hospital Area South by Circle Drive (West Side) South14’
(r) On South Clark at Hospital Area between Circle Drive (West Side).
(s) On South Miles at Hospital Area South End by Alley (East Side) North 24’
(t) On South Miles at Hospital Entrance South End Entrance to Heliport (East
Side) South 70’
(Code 2005 / Ordinance 1805 / Ordinance 1825)
14-204. SAME. When signs are in place, giving notice thereof, it shall be unlawful to park any motor vehicle on Douglas Avenue, from Meadowlark Drive north to a point 100 feet south of Jay Street between the hours of 6:00 p.m. and 11:00 p.m. The no parking provision shall apply from May 15 to August 30 of each year. (Ord. 1481, Secs. 1,3)
14-205. PARALLEL PARKING. When signs in place giving notice thereof, parallel parking shall be permitted in the following areas:
a. Grand Avenue, where parking lanes are provided, on both sides from Main Street to First Street;
b. Grand Avenue, west side, where parking lanes are provided, from a point beginning 248 feet more or less, north of the centerline of Third Street to a point 87 feet north;
c. East Main Street, south side, from Grand Avenue west for 150 feet. (Code 2005)
14-206. SPEED LIMITS.
(a) When signs are in place, giving notice thereof, the speed limit on Douglas Avenue, from Meadowlark Drive north to a point 100 feet south of Jay Street shall be 20 miles per hour. The speed limit provision shall apply from May 15 to August 30 of each year. (Ord. 1481, Secs. 2:3)
(b) When signs are in place, giving notice thereof, the speed limit on the following streets in Tobias Addition shall be 20 miles per hour: East Avenue South from Taylor Street to Tobias Drive; Terran Avenue from Taylor Street to Jay Street; Truesdell Street from Grand Avenue to Terran Avenue; Jay Street from Grand Avenue to Terran Avenue; and all of Tobias Drive. (Code 2005)
14-207. TRUCK PARKING. It shall be unlawful to park any truck-tractor or semi-trailer on any residential street or alley within the City for more than one (1) hour of any day except for purposes of loading or unloading cargo to or from the truck-tractor or semi-trailer. In addition it shall be unlawful to park any truck-tractor or semi-trailer on the (1) east side of Garfield Avenue from Main Street south to Commercial Street; (2) north/south side of Commercial Street from Grand to Garfield Avenue. (Code 2005 / Ordinance 1930)
208. LOAD LIMITS. It shall be unlawful for any person to operate any vehicle with a gross vehicle weight in excess of five tons upon any street in the city except for Main Street and Grand Avenue. (Code 1989)
209. MECHANICAL EXHAUST DEVICES PROHIBITED.
a) Definition: The term mechanical exhaust device, or Jake Brake, as used herein means any device commonly known by the name Jake Brake, or other similar device used to slow a motor vehicle by engine compression creating loud or excessive noises to be emitted from the vehicle.
b) Use of Mechanical Exhaust Device, of Jake Brakes, prohibited: It shall be unlawful for any person operating a motor vehicle within the limits of the City of Lyons, Kansas to use, or cause to be used, a mechanical exhaust device, also known as Jake Brake.
c) Application: The provisions hereof shall be in addition to the Standard Traffic Ordinance for Kansas Cities adopted by Ordinance of the City of Lyons, Kansas and shall not, by implication or otherwise, be construed as replacing or in conflict with any provision of said Ordinance.
d) Penalties for Violations: Any person convicted of a violation of this Ordinance will be deemed guilty of a Class C Misdemeanor and punished by a fine of not more than $500.00, or by imprisonment for not more than 30 days, or by both such fine and imprisonment. (Ordinance 1622)
ARTICLE 3. APPEARANCE BONDS
14-301. PERSONS UNDER ARREST; PROCEDURE. Whenever a person is halted without a warrant for a violation of any traffic regulation for which a notice to appear is authorized, and such person is not given an immediate hearing before the Municipal Judge, the arresting officer shall prepare in duplicate a written notice to appear in court, containing the name and address of the person, the license number of his or her vehicle, the offense charged and the time and place when such person shall appear in Municipal Court. The time specified in the notice to appear must be at least five days after the arrest unless the person arrested shall demand an earlier hearing. The arrested person, in order to secure release as provided in this article, must give his or her written promise to appear in court by signing in duplicate the written notice prepared by the arresting officer. The original of the notice shall be retained by the officer, and a copy thereof delivered to the person arrested. If no bond is required, the officer shall release the person arrested from custody. (Ord. 1471, Sec. 1)
14-302. APPEARANCE BONDS; METHODS OF SECURING. Whenever a person is arrested for the violation of any traffic regulation for which an appearance bond is authorized, and such person is not given an immediate hearing before the Municipal Judge, the arresting officer may, in addition to the requirements of section 14-301 require the person to give bond in the amount specified in section 14-306 for the offense or offenses for which arrested. Such bond may be a cash bond or a guaranteed arrest bond certificate issued by either a surety company authorized to transact business in this state or an automobile club authorized to transact business in this state by the commissioner of insurance. A guaranteed arrest bond certificate shall be signed by the person to whom it is issued and must contain a printed statement that such surety company or automobile club guarantees the appearance of the person and will, in the event of failure of the person to appear in court at the time of trial, pay any fine or forfeiture imposed on such person not to exceed an amount stated on the certificate. (Ord. 1471, Sec. 2)
14-303. SAME; PROCEDURE. A guaranteed arrest bond certificate of a cash bond shall be taken in the following manner: The officer shall furnish the person halted a stamped envelope addressed to the judge of the Municipal Court named in the written notice to appear. The person shall place the amount of the bond in the envelope, and in the presence of the officer deposit the same in the United States mail. After having complied with such, the person halted need not sign the written notice to appear, but the officer shall note the amount of the bond mailed on the notice to appear form and shall give a copy of such form to the person. (Ord. 1471, Sec. 2)
14-304. SAME; SURRENDER OF MOTOR VEHICLE LICENSE. In lieu of giving bond as required by section 14-302, the person halted may deposit with the arresting officer a valid license to operate a motor vehicle in this state in exchange for a receipt therefore issued by the halting officer, the form for which shall be approved by the motor vehicle department. The receipt shall be recognized as a valid temporary Kansas operator’s license authorizing the operation of a motor vehicle by the person halted to the date of the hearing stated on the receipt. The license and written copy of the notice to appear shall be rendered by the halting officer to the court having jurisdiction of the offense charged as soon as reasonably possible. If the hearing on such charge is continued for any reason, the judge may note on the receipt the date to which such hearing has been continued and the receipt shall be recognized as a valid temporary Kansas operator’s license, as herein provided until such date, but in no event shall such receipt be recognized as a valid Kansas operator’s license for a period longer than 30 days from the date set for the original hearing. Any person who has deposited his or her operator’s license in lieu of giving a bond pursuant to this section shall have such license returned to him or her upon the giving of the required bond or upon final determination of the charge against him or her. (Ord. 1471, Sec. 2)
14-305. SAME; FORFEITURE. An appearance bond shall be subject to forfeiture if the person arrested does not appear at the time specified in the written notice. If the person arrested appears, the Municipal Judge shall enter such fact on his or her docket and shall refund the amount of any bond posted by the defendant. (Ord. 1471, Sec. 3)
14-306. SAME; SCHEDULE OF AMOUNTS. Appearance bonds and amounts will be the same as the cash bonds schedule for Traffic Infractions as set forth in K.S.A. 8-2118 plus the current City of Lyons Municipal Court costs as determined by ordinance of the City of Lyons, Kansas.
14-307. RELEASE FROM CUSTODY. Whenever any person is halted and shall have given his or her written promise to appear and if required by the officer has deposited a bond, or if required by the officer in lieu of a bond, has deposited his or her motor vehicle operator’s license, the officer shall forthwith release the person arrested from custody. (Ord. 1471, Sec. 5)
14-308. RECORDKEEPING. The police shall keep a record of all appearance bonds received and disposition thereof. All appearance bonds declared forfeited by the Municipal Judge shall be paid to the City Treasurer, who shall give a receipt therefore and credit the same to the general fund of the city. The Municipal Judge shall file all such receipts in the appearance bond record in his or her office. (Ord. 1471, Sec. 6)
ARTICLE 4. IMPOUNDMENT OF MOTOR VEHICLES
14-401. DEFINITIONS. For the purpose of this article, the following terms, phrases, words and their derivations shall have the following meanings:
(a) Highway. The entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel. Where the word “highway” or the word “street” is used in this article, it means street, avenue, boulevard, thoroughfare, alley, and other public way for vehicular travel by whatever name, unless the context clearly indicates otherwise.
(b) Motor Vehicle. Every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, except devices moved by human power or used exclusively on stationary rails or tracks.
(c) Owner or Occupant. A party having fee simple title in the real property, or a party having a leasehold interest in the real property, or a party who is the beneficiary of a private easement for the purpose of egress or ingress to or from said real property. (Code 1989)
14-402. IMPOUNDING VEHICLES. The Police Department may cause to be impounded:
(a) Any motor vehicle unlawfully parked on a highway in violation of any provision of a city ordinance which prohibits the parking of vehicles at the place where or time when the impounded motor vehicle is found.
(b) Any motor vehicle that has been abandoned and left on a highway or other property open to use by the public for a period in excess of 48 hours pursuant to K.S.A. 8-1102.
(c) Any motor vehicle which:
(1) Is subject to removal pursuant to K.S.A. 8-1570, or 8-1102, or
(2) Is subject to seizure and forfeiture under the laws of the state, or
(3) Is subject to being held for use as evidence in a criminal trial.
(d) Any motor vehicle, the continued presence of which, because of the physical location or condition of the motor vehicle, poses a danger to the public safety or to the motor vehicle.
(e) Any motor vehicle which has been abandoned or parked on any real property, other than public property or property open to use by the public, may be moved and disposed of in accordance with the terms of this article by the Police Department upon the request of the owner or occupant of such real property. The real property referred to herein shall not be owned or leased by the person who abandons or parks said vehicle or by the owner or lessee of such vehicle. The city or any person, partnership, corporation or their agent conducting a business enterprise for the purpose of towing vehicles which removes such vehicle from the real property at the request of the Police Department shall have a possessory lien on such vehicle for the cost incurred in removing, towing and storing such vehicle. For purposes of this article, common areas shall be construed not to mean public property or property open to the public. (Code 1989)
14-403. SAME. The Police Department may authorize storage of such impounded motor vehicles at any location, public or private, which is zoned for the storage of motor vehicles. (Code 1989)
14-404. NOTICE OF IMPOUNDMENT; STORAGE OF VEHICLE.
(a) When Owner Present. When the Police Department intends to impound a motor vehicle pursuant to section 14-402 and the owner of the motor vehicle is then present, the Police Department shall before the motor vehicle is removed, provide the owner with a notice, in the form prescribed by the Police Department that the motor vehicle is being impounded, that towing and storage charges will be assessed against the impounded motor vehicle, that the owner may claim and regain possession of the impounded motor vehicle at the location to which it is being removed for storage without prepayment of towing and storage charges and that the owner may request a hearing as to the propriety of the impoundment and as to the amount of and the owner’s liability for the towing and storage charges. The notice shall also state the location where the impounded motor vehicle will be stored and the place where the owner may make his or her request for the hearing. The notice shall also state, in prominent language, that failure by the owner to request a hearing within five days after receipt of the notice may act as a waiver of his or her right to a hearing and that this may result in the placing of a lien against the motor vehicle for the towing and storage charges without further notice to the owner; and that the motor vehicle be sold at public auction to the highest bidder for cash after 15 days from the date of the mailing of the notice. The owner of the impounded motor vehicle shall sign the notice as an acknowledgment that he or she has received a copy of the notice and a copy of the notice shall be provided to the owner.
(b) When Owner not Present. (1) When the Police Department impounds and remove a motor vehicle pursuant to section 14-402(a) and the owner of the motor vehicle is not present at the time of the impoundment, the Police Department shall, if such motor vehicle has displayed thereon a registration plate issued by the Division of Vehicles and has been registered with said division, mail a notice by certified mail to the registered owner thereof, addressed to the address as shown on the certificate of registration, and to the lien holder, if any, of record in the county in which the title shows the owner resides, if registered in this state. The notice shall be in the form prescribed by the Police Department containing the same information as required by section 14-404(a). The Police Department shall use reasonable diligence in determining the title owner, or if from a non-title state, the registered owner, of the vehicle, and shall inquire by mail of the office of the register of deeds of the county in which the title shows the owner resides, if registered in this state, as to whether there are any lien holders of record. If the owner cannot be served by certified mail at the address on the motor vehicle registration and there is no other known address of the owner, the owner shall be deemed to be a resident of the state whose whereabouts are unknown and service shall be made on the Secretary of State as provided in K.S.A. 8-401.
If the owner does not reside in the state, as appears from the motor vehicle registration and the owner cannot be served by certified mail at the address on the motor vehicle registration and there is no other known address of the owner, the owner shall be deemed a nonresident of the state and service shall be made on the Secretary of State as provided in K.S.A. 8-401.
(c) Failure or Refusal to Sign Notice. If any person required by this section to sign a notice of impoundment willfully fails or refuses to do so, or if such person cannot be found, the Police Department shall note this fact on the face of the notice, which shall constitute prima facie evidence of delivery or service of notice as required by this section. (Code 1989)
14-405. IMPOUNDMENT AFTER REQUEST TO LEAVE MOTOR VEHICLE. In all cases wherein the owner or operator of a motor vehicle which is on a public street has requested that the motor vehicle be left unattended at that location, in lieu of impoundment of the motor vehicle pursuant to section 14-402, the Police Department may honor said request for a period of time not exceeding 24 hours, after which time the motor vehicle shall either be removed from the location by the owner or operator or be impounded by the Police Department pursuant to section 14-404. The Police Department shall be immune from liability for any damage, loss or destruction of the motor vehicle occasioned by its being left unattended pursuant to the request of the owner or operator thereof, in lieu of impoundment. Nothing in this section shall be construed to limit the authority of the Police Department to order the removal of a motor vehicle by its owner or operator or to impound a motor vehicle pursuant to section 14-404 at any time whenever in his or her judgment the presence of the unattended motor vehicle constitutes a danger to the public safety. (Code 1989)
14-406. RELEASE OF MOTOR VEHICLE FROM IMPOUNDMENT.
(a) Generally. Unless the vehicle is impounded pursuant to section 14-402(b) herein, the owner of an impounded motor vehicle may secure the release of the motor vehicle from impoundment upon requesting such release and presenting proof of ownership satisfactory to the custodian of the place where the motor vehicle is stored. If the custodian is satisfied that the person making the request is the owner or his or her authorized agent, he or she shall release the motor vehicle to the owner or his or her agent. Nothing in the preceding sentence shall preclude the owner of the impounded motor vehicle or his or her agent from paying any towing and storage charges that may be assessed against the motor vehicle, but neither the Police Department nor the custodian of the storage space may require payment of any towing or storage charges as a condition precedent to such release. At the same time as the owner or his or her agent requests release of the impounded motor vehicle, and if such request is made with 40 days after the owner receives a copy of the notice of impoundment, the Police Department shall provide him or her an opportunity to make a request for a hearing on the propriety of the impoundment and on the amount and his or her liability for the towing and storage charges occasioned by the impoundment; provided, that if the owner or his or her agent requests release of the impounded motor vehicle more than 40 days after the owner receives a copy of the notice of impoundment, no hearing may be requested on the impoundment or on the towing and storage charges and the owner shall be conclusively presumed to have consented to the impoundment and to the amount of and his or her liability for the towing and storage charges.
(b) Security for Payment of Charges. If the ownership of the impounded motor vehicle is evidenced by a title certificate issued by the Kansas Department of Highway Safety and Motor Vehicles, the owner or his or her agent may secure the release of the motor vehicle from impoundment without the payment of any towing or storage charges or the deposit of any security for the payment thereof. If the ownership of the impounded motor vehicle is evidenced by a foreign title instrument, or if the jurisdiction in which title is recorded is not evidenced from the document establishing ownership, the owner or his or her agent, before the custodian of the place where the motor vehicle is stored authorizes release of the motor vehicle from impoundment, shall deposit with the custodian cash in the amount of the towing and storage charges to the date of the request. If the owner or his or her agent refuses to provide the cash deposit, the custodian shall not authorize release of the impounded motor vehicle but if the request is timely made, a date shall be set for the hearing on the impoundment and charges. (Code 1989)
14-407. HEARING. If the owner of an impounded motor vehicle or his or her agent timely requests the release of the motor vehicle from impoundment and a hearing on the impoundment and charges, as provided in section 14-306, a date shall be set, not more than five days after the date of request, for the hearing. The City Attorney shall conduct the hearings required by this section. At the hearing, the owner, his or her agent, or his or her attorney shall be afforded an opportunity to present, by oral testimony or documentary evidence, his or her objections to (a) the impoundment of the motor vehicle and (b) (1) the amount of the towing and storage charges and (2) his or her liability for the payment thereof. If the owner or his or her agent requested the hearing more than five days but not more than 40 days after the owner received a copy of the notice of impoundment, the owner, his or her agent or his or her attorney shall be required at the hearing, as a condition precedent to the presentation of any objections by the owner, to show good cause for the delay in making the request more than five days after the owner received a copy of the notice of impoundment: if good cause cannot be shown, the hearing officer shall dismiss the hearing and make the finding stated in subsection (b) below; otherwise, the hearing examiner shall proceed to hear the owner’s objections. At the conclusion of the hearing on the owner’s objections, the hearing examiner shall render his or her decision if the hearing examiner:
(a) Finds that the impoundment was improper, he or she shall:
(1) Find that the owner is not liable for any towing or storage charges occasioned by the impoundment and
(2) Determine whether and to what extent the city shall be the expense of the towing and storage charges; or
(b) Finds that the impoundment was proper, he or she shall establish:
(1) The amount of the towing and storage charges to be assessed against the impounded motor vehicle and
(2) The extent of the liability of the owner for payment of the towing and storage charges so established. The decision of the hearing examiner shall be final, and a copy of the decision shall be furnished to the owner of the impounded motor vehicle, to the custodian of the place where the motor vehicle is stored and to the City Attorney.
In the event that the impoundment was pursuant to K.S.A. 8-1102(6), the owner or occupant of the real property upon which the abandoned vehicle was located shall not be assessed the costs of towing and storage of the vehicle. Further, nothing within this article shall be construed to modify or effect the validity of the possessory lien of the person removing such vehicle from the real property established by K.S.A. 8-1102(b). (Code 1989)
14-408. CHARGES CONSTITUTE A LIEN. The towing and storage charges occasioned by the impoundment of a motor vehicle pursuant to section 14-402 shall be and constitute a lien upon the impounded motor vehicle, except as provided in this section. If the hearing examiner finds pursuant to section 14-407 that the impoundment was improper and if he or she determines that the city shall bear part or all of the towing and storage charges, the lien created by this section shall be discharged. If the hearing examiner finds pursuant to section 14-406 that the impoundment was proper but that the towing and storage charges should be in an amount less than the amount of the lien, the lien created by this section shall be discharged to the extent that it exceeds the amount established by the hearing examiner. The holder of a lien created by this section may perfect such lien in any manner provided by law, but he or she may not retain possession of the motor vehicle when it has been released pursuant to section 14-406(a). In the event that the impounded motor vehicle is released from impoundment and the owner or his or her agent has provided security for payment of charges as required by section 14-406(b), the lien created by this section shall also be a lien against the security so provided, subject to being wholly or partially discharged as provided in this section. (Code 1989)
14-409. SATISFACTION OF LIEN; NOTICE OF PUBLIC SALE. The holder of a lien against a motor vehicle created by section 14-408, to the extent that such lien has not been discharged as provided in section 14-408 or otherwise satisfied, may enforce such lien in any manner provided by law after 60 days from the date the motor vehicle is impounded by the Police Department. If the owner of the motor vehicle or his or her agent has provided security for the payment of the lien as provided in section 14-406(b), the lien shall first be satisfied out of the security so provided and, if any portion of the lien remains unsatisfied and undischarged, may then be enforced in any manner provided by law. If the motor vehicle against which the lien is created pursuant to section 14-408 is still under impoundment 60 days from the date it is impounded by the Police Department and the owner has not requested release of the motor vehicle from impoundment nor paid the towing and storage charges that are the basis for the lien, the motor vehicle shall be sold at public sale to the highest and best bidder for cash to satisfy the lien. Notice of the sale shall be given in accordance with K.S.A. 8-1102. Publication, required by K.S.A. 8-1102, may be made before the termination of the 60-day period for a sale thereafter. (Code 1989)
14-410. REDEMPTION. If the city is to conduct the sale:
(a) Any holder of a recorded lien or retained title on a motor vehicle to be sold by the city under the provisions of section 14-409 may claim and take possession thereof, upon payment of accrued charges and estimated costs of publication of the notice of sale to the Police Department and the deposit with the Police Department of sufficient assurance by surety bond or otherwise, approved by the City Attorney, that the motor vehicle will be forthcoming f or public sale thereof or upon claim of the rightful owner prior to the sale. The Police Department shall, within three days, make a report to the City Treasurer and deliver the charges and costs so paid to the City Treasurer, taking a receipt thereof or and filing it, together with a duplicate copy of the report to the City Treasurer, with the records in his or her office. The funds shall be held in a trust account until final disposition of the motor vehicle. Not less than five days before the date for sale of the motor vehicle, the Police Department shall notify the lien holder or retained titleholder of the time and place for the sale, and the lien holder or retained titleholder shall deliver such motor vehicle to the Police Department at or before 12:00 noon of the day before the sale. At the sale the amount paid shall be credited on the bid of the lien holder or retained titleholder. If the lien holder or retained titleholder is the successful bidder for the motor vehicle, the Police Department shall report this fact to the City Treasurer and then the funds previously paid by the lien holder or retained titleholder shall be relieved of the trust previously impressed and become the same as other funds received by the city for storage and costs of impounded motor vehicles. If the motor vehicle is sold for a higher bid to any person other than the lien holder or retained titleholder, the Police Department shall report this fact to the City Treasurer and the lien holder or retained titleholder shall be refunded the amount previously paid by him out of the trust account.
(b) And if the rightful owner of the motor vehicle claims the same before the sale by payment of the accrued charges, the Police Department shall immediately notify the lien holder or retained titleholder in possession of the motor vehicle and he or she shall return the same to the Police Department within 12 hours. The Police Department shall report this redemption by the rightful owner to the City Treasurer and the lien holder or retained titleholder shall be refunded the amount previously paid by him or her out of the trust account. (Code 1989)
14-411. SALE PROCEEDS. The proceeds of a public sale held pursuant to section 14-408 whether such sale was conducted by the city or by any other person, after payment of the towing and storage charges and costs and expenses incident to the sale, shall be deposited with the City Treasurer, if the owner of the motor vehicle is absent from the sale, for credit to the trust account. The funds deposited in the trust account pursuant to this section shall remain in the account subject to the order of the person legally entitled thereto, but if no claim is made for these funds within a period of one year after the sale, the funds shall become the property of the city, be released from the trust account and be paid into the general fund as miscellaneous revenues. (Code 1989)
14-412. STATUTORY PROCEDURES. Nothing in this article shall be construed to augment, diminish, supersede or otherwise interfere with any statutory procedure established by the legislature for the collection of unpaid towing and storage charges. The procedures in this article are supplementary and cumulative to any statutory procedures. (Code 1989)
14-413. IMPLEMENTATION OF ARTICLE. The Police Department and City Treasurer are authorized to make rules for the implementation and administration of this article. (Code 1989)
14-414. REIMBURSEMENT FOR DISCHARGED LIENS. If a lien created by section 14-408 and held by a private wrecker or towing firm is discharged by section 14-408 pursuant to a determination by a hearing examiner that an impoundment was improper and that the city shall bear part or all of the towing and storage charges, the city shall pay to the firm the amount determined by the hearing examiner. No payment shall be made until it is authorized by the City Attorney. (Code 1989)
ARTICLE 5. HAZARDOUS MATERIALS
14-501. HAZARDOUS MATERIAL DEFINED. As used in this article, the term hazardous material shall mean any compressed gas, explosive, flammable liquid, flammable solid, oxidizer, poison, radioactive material or any substance that due to its nature may cause death or disability injury upon contact therewith. (Code 1989)
14-502. SAME; EXCEPTIONS. The provisions of this article shall not apply to any container which shall have a capacity of 150 gallons or less which shall be used for the purpose of supplying fuel for the vehicle on which it is mounted. These provisions shall also not apply to vehicles, trailers, containers or tanks containing anhydrous ammonia or other material primarily used by farmers for fertilizer purposes when such vehicles, trailers, containers or tanks are parked or housed upon property designated for the placement of such vehicle, trailer, container or tank by any farmers cooperative, elevator company or farm supply store located within the city limits. (Code 1989)
14-503. TRANSPORTATION OF HAZARDOUS MATERIALS. Except as provided in section 14-504 it shall be unlawful for any person, firm, corporation or other entity to transport any hazardous material upon any street, avenue, highway, road, alley or any other public right-of-way in the city. (Code 1989)
14-504. HAZARDOUS MATERIALS ROUTES. The provisions of section 14-503 shall apply to all streets, avenues, highways, roadways, alleys or other public right-of-ways within the city except those specified within this section where transportation of hazardous materials shall be allowed. Transportation of hazardous materials shall be allowed upon the following streets, avenues, highways or roadways:
Main Street, Grand Avenue, Logan Avenue, East Avenue North, West Avenue North, Second Street, Fifth Street, Taylor Street, Walnut Avenue, State Street, Century Road, American Road, Iron Avenue, Dinsmore Avenue, Fourth Street, Wabash Avenue, Industrial Drive A, Industrial Drive B, and Foundry Road. (Code 1989)
14-505. PARKING OF VEHICLES OR TRAILERS CARRYING HAZARDOUS MATERIALS.
(a) Except as provided in subsections (b) and (c), it shall be unlawful for any person, firm, corporation or other entity to park any vehicle, trailer or semi-trailer carrying any hazardous material within any of the following city zoning districts as defined in Chapter 16 of this code:
R-l residential district and R-2 residential district for the streets in which parking is prohibited.
(b) Subsection (a) shall not apply to vehicles, trailers or semi-trailers parked for continuous periods of time not to exceed one hour where such vehicles, trailers or semi-trailers are parked along those routes specified in section 14-504 of this code.
(c) Subsection (a) shall not apply to any vehicle, trailer or semi-trailer carrying any hazardous material where such vehicle, trailer or semi-trailer is not parked within 500 feet of any structure used for human habitation. (Code 1989)
14-506. REMOVAL OF ILLEGALLY PARKED TRAILERS. If any vehicle, trailer or a semi-trailer is found parked in violation of the provisions of this article, the fire chief or assistant chief or any law enforcement officer may require the owner, operator or lessee of the trailer to move it within two hours. If such removal is not accomplished on the order of any such officer, it may be accomplished by any such officer, by any reasonable means, if the continued presence of the trailer or semi-trailer at its parked location constitutes, adds to or prevents correction of a situation threatening imminent injury or damage to persons or property. (Code 1989)
ARTICLE 6. BICYCLES
14-601. LIGHTS. No bicycle shall be operated upon any public street, alley or road in the city within the period from sunset to sunrise without having a properly lighted headlight attached to the front of the bicycle, visible under normal atmospheric conditions from the front thereof, a distance of not less than 500 feet, nor without having a red light or a reflector attached to the rear of the bicycle, which is clearly visible in the headlight beam of a motor vehicle for a distance of not less than 300 feet to the rear of the bicycle. (Code 1976, 17-502; Code 1989)
14-602. RIDING ON SIDEWALKS.
(a) Bicycles may be operated on sidewalks in public parks and in residence districts, but in single file only. Under all circumstances, the rider shall yield the right-of-way to pedestrians using the sidewalk, and due and proper care shall at all times be exercised by the rider for the pedestrians.
(b) It shall be unlawful for any person to ride a bicycle upon a sidewalk anywhere in the business district of the city. (Code 1976, 17-503; Code 1989)
14-603. TRAFFIC REGULATIONS. Every person operating a bicycle shall observe all traffic signs and signals and all other traffic rules and regulations, applicable thereto, and shall obey the orders and directions of every officer of the city authorized to direct or regulate traffic. (Code 1976, 17-504; Code 1989)
14-604. SPECIAL BICYCLE REGULATIONS. In addition to complying with all the traffic regulations of the city, every person operating a bicycle shall comply with the following special bicycle regulations:
(a) Persons operating bicycles upon any street in the city shall keep as close to the right hand curb as possible in a single file manner.
(b) No person shall ride a bicycle in and upon the streets and alleys of the city without having at least one hand on the handlebars.
(c) The operator of a bicycle shall not carry another person on the handlebars of the bicycle.
(d) No person riding a bicycle in and upon the streets of the city shall attach the bicycle or himself or herself to any other vehicle or moving object. (Code 1976, 17-505)
14-605. PENALTY. Any person violating any of the provisions of this article shall upon conviction thereof be punished by a fine of not more than $10.00. Nothing herein contained shall be construed as preventing the rider or operator of any bicycle from being prosecuted for a violation of any traffic ordinance of the city, or from having imposed upon him or her any of the penalties provided for by such traffic ordinances. (Code 1976, 17-506)
14-606. SKATEBOARDS PROHIBITED IN BUSINESS DISTRICTS.
(a) It shall be unlawful for any person to ride a skateboard upon a public sidewalk in the service commercial districts and central downtown business districts of the City of Lyons, Kansas.
(b) Any person violating this Ordinance shall be deemed guilty of a misdemeanor and shall be fined not to exceed five hundred dollars ($500.00). (Ordinance 1554)
CHAPTER XV. UTILITIES
Article 1. General Provisions
Article 2. Water
Article 3. Sewers
Article 4. Solid Waste
Article 5. Gas
Article 6. Storm Water
ARTICLE 1. GENERAL PROVISIONS
15-101. DEFINITION. For purposes of this article “utility services” shall include water, gas, sewer, solid waste (refuse) and other utility services provided by the city. (Code 1989)
15-102. DELINQUENT ACCOUNTS. Unless otherwise provided, water, gas, sewer, solid waste (refuse) or other utility service shall be terminated for nonpayment of service fees or charges in accordance with sections 15-103:104. (Code 1989)
103. NOTICE; HEARING.
(a) Bills shall be calculated in accordance with the applicable rates each month and shall be considered paid on time if paid before the close of business on, or before, the 15th calendar day of each month. If such date falls on a Saturday, a Sunday or a national holiday, then the bill shall be considered paid on time if paid before the close of business on, or before, the business day immediately following the 15th calendar day.
(b) A bill is considered late when not paid in accordance with 15-103(a). A late payment fee of 10 percent of the bill shall be added to all delinquent accounts. A delinquency and termination notice shall be issued no later than the business day immediately following the date the bill is past due and delinquent. If the name and address of an occupant is shown on the City utility records, a copy also shall be mailed to the occupant of the premises if the occupant and the owner are not the same person.
(c) The notice shall state as follows:
1. The amount due, including delinquency charges;
2. The customer’s right to a hearing before the hearing officer;
3. Notice that service will be terminated on the 23rd calendar day of the month if the bill is not paid on, or before, 9:00 a.m. on such termination date; if such date falls on a Saturday, a Sunday or a holiday observed by the City, then the day of termination will be the business day immediately following the 23rd calendar day of the month, and if the bill is not paid on or before, 9:00 a.m. on such termination date, service will be terminated.
(Ordinance 1640)
15-104. HEARING; FINDING. Those persons so notified may request a hearing, but such request must be made on, or before the 20th calendar day of the month, and no later than 3:00 p.m. on such date. Such hearing will be conducted by the hearing officer as may be appointed by the City Administrator. At such hearing, the customer will be provided the opportunity to show cause for service to not be discontinued. The City administrative offices and utilities offices are authorized to discontinue and disconnect utilities service for any customer who shall be delinquent in the payment of bills. In the event service is discontinued because of nonpayment of bill, the City will require a $75.00 meter reconnection fee for each service so disconnected and discontinued. (Ordinance 1640)
15-105. PETTY CASH FUND. A petty cash fund in the amount of $1,750.00 is established for the use of the city utilities department, for the purpose of paying postage, freight, temporary labor, and other emergency expenses, including refund of deposits made to secure payment of accounts. (Code 1989)
15-106. SAME; DEPOSITS. The petty cash fund shall be deposited in the regular depository bank of the city and paid out on the order of the City Clerk, Deputy City Clerk or designee of City Clerk by check which shall state clearly the purpose for which issued. (Code 1989)
15-107. SAME; VOUCHERS. Whenever the petty cash fund becomes low or depleted, the City Clerk shall prepare vouchers covering expenses as have been paid from the petty cash fund and shall submit such vouchers together with the paid checks to the Governing Body for review and allowance of the amounts from the regular funds of the utilities. Warrants issued therefore shall be payable to the petty cash fund and shall be deposited therein to restore said petty cash fund to its original amount. (Code 1989)
ARTICLE 2. WATER
15-201. CONTROL. The municipal waterworks shall be under the control of the City Council. The City Administrator, with the consent of the Mayor and City Council, shall appoint a Utilities Superintendent. (Code 1976, 18-101)
15-202. RULES AND REGULATIONS. The rates, rules and regulations herein established shall be considered a part of the contract with every person, firm or corporation supplied with water by and through the waterworks system. Each person, firm or corporation by applying for or accepting water shall be held and considered as consenting to be bound hereby, and in case of violation of any rules and regulations in force, the water shall be cut off from the premises or place of violation and not turned on again except by order of the duly appointed Utilities Superintendent after payment of turning the water off and on upon such other terms as the Utilities Superintendent may determine after satisfactory assurance that there shall be no further violation. (Code 1976, 18-102)
15-203. APPLICATIONS. All applications for water shall be made to the City Clerk, in writing, upon forms furnished by the city, by the owner or the agent of the owner of the premises to be supplied, which application shall fully state all purposes for which water is required. A meter connection fee as set forth in section 15-204 shall accompany all applications. (Code 1976, 18-103; Code 1989)
15-204. METER CONNECTION FEE.
(a) All applications for water service by new customers or customers who have moved within the city shall be accompanied by a non-refundable water meter connection fee of $50.00.
(b) All applications for water service by new customers or customers who have moved outside the city limits shall be accompanied by a non-refundable water meter connection fee of $100.00.
(c) After disconnection of a meter as a result of a customer having failed to timely pay for his or her water utility service bill, there shall be a non-refundable meter reconnection fee of $75.00. No meter shall normally be reconnected until all City utility accounts of the customer which have been billed out shall be paid in full.
(d) At the request of the water customer, the water meter connection fee may be paid in two (2) equal installments, one of which shall be made at the time the application for water connection is made, the second of which may be made when the first monthly billing is received for the water service.
(e) Any water customer may, at the customer’s direction and expense, hire a licensed plumber to reconnect or disconnect an irrigation meter. Any licensed plumber hired for such purpose shall be required to provide notice within one week of the reconnection or disconnection of the irrigation meter to the City Clerks office. If a water customer hires a licensed plumber for the reconnection or disconnection of an irrigation meter, no meter connection fee shall apply. (Ordinance 1719/1809)
15-205. EXTENSIONS AND ALTERATIONS. No extensions or alterations shall be made in any yard line without a plumbing permit having been first obtained from the City Clerk. All licensed plumbers with the city are eligible to obtain the permits. Only the Utilities Superintendent or other duly authorized persons under his or her supervision shall turn on water. (Code 1976, 18-105)
15-206. WATER FEEDER MAINS; SPECIFICATIONS. Every water feeder main that shall be newly constructed and installed or replaced shall be constructed using a minimum pipe size of eight inches in diameter. In every water feeder main newly installed or replaced there shall be installed cutoff valves at distances of not less than 800 feet apart in residential areas and not less than 500 feet apart in business and industrial areas. (Code 1976, 18- 106 /Ordinance 1822)
15-207. CITY TO MAKE CONNECTIONS; SPECIFICATIONS. No taps shall be made to any water main or distributive line except by regular city employees under the supervision of the Utilities Superintendent. Whenever a main or distributing line is tapped, a corporation cock shall be inserted connecting the service pipe to the main or distributing line. The service pipe shall be provided with an approved type stopcock. The service pipe shall be of copper, type “k” or its equivalent or other approved material and shall be extended to the nearest property line of the property to be serviced. For the initial installation, the city shall set all service pipe, corporation cocks and fittings at a charge to the property owner based upon the cost of the time and material used. After the initial installation of service lines and all necessary fittings, the city shall maintain the lines at the expense of the city. (Code 1976, 18-108)
15-208. YARD LINES. The property owner shall install and maintain at his or her own expense all yard lines from the service pipe installed by the city to all outlets on the premises served. All such yard lines shall be laid at least 30 inches below the average ground surface. All consumers shall keep their own fixtures, stop cocks and yard lines in good repair and protected from frost at their own risk and expense and shall prevent unnecessary waste of water by keeping all waterways closed when not in use. The city utilities department may, as a convenience to consumers, install yard lines and when the utilities department does install yard lines for consumers, the city shall make a charge for such installation or replacement of yard lines based upon the time and cost of material used for such installation. (Code 1976, 18-109)
15-209. EXTENSION OF DISTRIBUTION LINES. On streets not already served by city water mains or distributive lines the city will not be required to install such mains or supply lines unless the owner of the property desiring service will guarantee to the city a revenue sufficient to pay eight percent per annum of the cost of the extension, operation and maintenance of the extension. (Code 1976, 18-110)
15-210. LIABILITY FOR FAILURE TO DELIVER WATER; INTERRUPT SERVICE. No claim shall be made against the city nor shall the city be liable to any consumer of water for failure to deliver when such failure is due to a break in any main, distributing or service line or in the pumps, engines or other equipment used to produce and distribute water by the city, or for any other reason beyond the control of the city. The city reserves the right to shut off water service when necessary to make repair or to install mains, distributing lines or other equipment used to produce and distribute water for consumers. The city reserves the right to refuse service and to shut off water at the main or other distributing line when any consumer fails or refuses to properly repair defective yard lines or water appliances: provided, the city shall first give notice of such defect to the party or parties responsible for its repair and if proper repair is not made within five days thereafter, the city may discontinue service as herein provided until such time as proper repair is made. (Code 1976, 18-111)
15-211. FIRE LINES. Patrons of the waterworks desiring to lay large pipes with hydrants and hose couplings to be used only in case of fire shall make application therefore in writing to the Utilities Superintendent. All connections to the city mains and the laying of all service lines shall be at the expense of the user and all work shall be under the supervision of the Utilities Superintendent. The Utilities Superintendent at the time the permit is granted, shall determine the rate to be charged for the use of the water for such purposes. (Code 1976, 18-113)
15-212. METERS.
(a) All water furnished to customers shall be metered through meters owned and installed by the city.
(b) Meters shall be placed where practical at the rear property line of the property served. If it is impractical in the opinion of the utilities superintendent to so place the water meter, the meter shall be placed at either the front or side property line or at such other place on the property to be served as is deemed most convenient by the Utilities Superintendent. (Code 1976, 13—107; 115; Code 1989)
15-213. SAME; TESTING. Meters shall be tested before being set and at any other time thereafter when they appear to be measuring incorrectly. If a test is requested by the customer and the meter is found to be accurate within two percent, the meter will be deemed correct and a charge as determined by the Utilities Superintendent will be made to the customer. (Code 1976, 18-115; Code 1989)
15-214. TAMPERING WITH METER. It shall be unlawful for any person to break the seal of any meter, to alter the register or mechanism of any meter, or to make any outlet or connection in any manner so that water supplied by the city may be used or wasted without being metered. It shall be unlawful for any person except an authorized employee of the Utility Department to turn any valve on or off. (Code 1976, 18-115; Code 1989)
15-215. RIGHT OF ACCESS. Authorized employees of the city may enter upon any premises at reasonable hours for the purpose of reading the meter or servicing or inspecting meters or water lines. (Code 1976, 18-115; Code 1989)
15-216. PROHIBITED ACTS. It shall be a violation of this article for any unauthorized person to:
(a) Permit water to be taken from one premises or piped from one premises to an adjacent premises;
(b) Take water away from any public water place, fountain, plug, street wash, draw cock or hose pipe for private use without first having secured authorization from the Utilities Superintendent and having paid the city for the same;
(c) Nothing herein shall be construed as limiting the fire department of the city or other authorized department of the city from using water for all authorized public purposes. (Code 1976, 18-116; Code 1989)
15-217. WATER RATES. The rates per month for the water sold through the City water system shall be $0.27 per 100 gallons or fraction thereof for all monthly consumption less than 30,000 gallons per month and $.28 per 100 gallons for fraction thereof for all consumption over 30,000 gallons per month. In addition to the charge for water sold and delivered there shall be a monthly charge based upon the size of the meter installed and deemed appropriate by the utility department of the City of Lyons, Kansas, as follows:
a. all meters up to and including 1-inch $12.00
b. all meters greater than 1-inch, up to and including 2-inch $14.50
c. all meters greater than 2-inch, up to and including 3-inch $15.75
d. all meters greater than 3-inch, up to and including 4-inch excluding compound meters or any meter designed and certified to measure al categories of usage, including usage deemed by the City to constitute low flow $18.25
e. all meters greater than 4-inch, excluding compound meters or any meter designed and certified to measure all categories of usage, including usage deemed by the City to constitute low flow $26.50
f. all meters greater than 3-inch, up to and including 4-inch, such meters being categorized by the City as compound meters or any meter designed and certified to measure all categories of usage, including usage deemed by the City to constitute low flow $29.75
g. all meters greater than 4-inch, such meters being categorized by the City as compound meters being categorized by the City as compound meters or any meter designed and certified to measure all categories of usage, including usage deemed by the City to constitute low flow $34.00
h. all customers outside the corporate limits of the City there shall be an additional monthly charge equal to the amount of the meter charge set forth in subsections a. through g. above. (Ordinance 1724/ Ordinance 1787 / 1799 / 1818 / 1842 / 1863 / 1897 / 1900 / 1914)
15-218 FINANCES.
(a) All revenue derived from water rentals, installations, operation and management of the waterworks system of the city, except as herein otherwise provided, shall be kept in a separate fund and all warrants for the expense of operating, improving, extending or maintaining the system shall be drawn on such fund.
(b) The City Clerk shall keep an accurate account of all moneys received by him or her for water rentals and other charges as herein provided and shall pay the same on or before the first day of each month after the receipt thereof, to the City Treasurer of the city, who shall give to the clerk a receipt therefore. All warrants drawn for the cost of operating, improving or extending the waterworks of the city shall be marked “water account.” The Governing Body of the city may as by statute provided, transfer funds from the water account of the city to the general fund.
(c) The City Clerk shall draw a warrant each quarter for fire hydrant rental in an amount provided for by resolution of the Governing Body of the city for transfer from the fire fund to the credit of the water fund. (Code 1976, 18-119)
15-219 COLLECTION AND BILLING. Water meters shall be read by personnel of the City, either full-time or part-time, or by agents of the City as provided by contractual arrangements, as nearly as practical to do so at 30-day intervals, and when read at such intervals, such period shall be construed as one month. Each customer shall be notified of the amount due for the service account, and each water service bill shall be considered paid on time if paid before the close of business on, or before, the 15th calendar day of each month. If such date falls on a Saturday, a Sunday or a national holiday, then the bill shall be considered paid on time if paid on, or before, the business day immediately following the 15th calendar day. A late payment fee of 10 percent of the bill shall be added to all delinquent accounts. (Ordinance 1640)
15-220 DELINQUENT ACCOUNTS; NOTICE; HEARING; FINDING; LIABILITY. Water service shall be terminated for nonpayment of service fees or charges as provided in sections 15-102:104. (Code 1989)
15-221 CREDITS. When property is temporarily vacant or service is to be discontinued, the consumer shall notify the City Clerk who shall instruct the Utilities Superintendent to shut off water service to the vacant premises and no charge shall be made for such time as water service is off. (Code 1976, 18-121)
15-222 SERVICE OUTSIDE THE CITY. It shall be the policy of the Governing Body that so long as the water supply be adequate therefore, and conditions be such that providing such service shall not be to the detriment of the city and the business, industry and inhabitants thereof, to permit connections to be made and water to be supplied to residents or industries occupying property adjoining or within a reasonable distance from the corporate limits of the City for domestic or industrial uses under the terms and conditions made by the Governing Body. (Code 1976, 18-123)
15-222a EXTENSION FOR SERVICES BEYOND CITY LIMITS.
Any extension of water services beyond the city limits of Lyons, Kansas must be approved by the Governing Body of the City of Lyons, Kansas, and shall be contingent upon each affected real estate owner(s) entering into a written agreement with the City of Lyons which conditions the delivery or extension of water services to the owner’s real estate on consent of the owner(s) to future annexation of the affected real estate, and the consent of the owner(s) to special assessments that may be imposed upon the affected real estate for the purpose of paying the cost of constructing infrastructure for such water services. The written agreement provided for by this section shall also contain the agreement of the affected real estate owner(s) to comply with all ordinances of the city pertaining to water services.
Pursuant to K.S.A. 12-534, the written agreement provided for by this section shall be filed with the office of the Register of Deeds of Rice County, Kansas, within thirty (30) days of the execution by all parties, and shall be deemed to be a sufficient consent to annexation under K.S.A. 12-520 and amendments thereto by the owner(s) and any successors in interest of the affected real estate. (Ordinance 1791)
15-223. SAME; FACILITIES. Users outside the corporate limits of the city shall provide all facilities needed for water service, and shall construct, operate and maintain the same in accordance with the rules and regulations as apply to residents within the city. (Code 1976, 18-124)
15-224. WATER RATIONING. The city reserves the right to restrict or prohibit the use of water and to specify the purposes for which it may be used whenever the Governing Body determines the public exigency so requires. (Code 1976, 18-127)
15-225. SAME; PROCEDURE. Whenever the Governing Body determines that water use must be restricted or prohibited, it shall forthwith issue a proclamation of emergency through the news media and use other appropriate methods of making public the proclamation. (Code 1976, 18-128)
15-226. SAME; PRIORITY USE. In the event a proclamation of emergency is issued, water usage will be restricted or prohibited in accordance with the City of Lyons Water Conservation and, when approved, City of Lyons Drought Emergency Ordinance. (Ordinance 1545)
15-227 CROSS-CONNECTIONS PROHIBITED. No person, company, corporation, or institution shall establish or permit to be established or maintain or permit to be maintained, any cross connection whereby a private, auxiliary, or emergency water supply other than the regular public water supply of the city may enter the supply and distributing system of the city unless specifically approved by the Kansas Department of Health and Environment and the Governing Body. (Ordinance 1545)
15-228. PROTECTIVE BACKFLOW DEVICES REQUIRED. Approved devices to protect against backflow or backsiphonage shall be installed at all fixtures and equipment where backflow and/or backsiphonage may occur and where there is a hazard to the potable water supply in that polluted water or other contaminating materials may be pulled into the potable water supply piping following a reduction in pressure in the city piping. Any situation in which a heavy withdrawal of water, such as a sudden break in the main or water being used from a fire hydrant, may cause a negative pressure to develop with could lead to backsiphonage of polluted water into the system shall be improper and must be protected by approved backflow preventive values and systems as determined by the Utility Superintendent. (Ordinance 1545)
15-229. INSPECTION. The city Utility Superintendent or other designee of the Governing Body shall have the right of entry into any building or premises in the city as frequently as necessary in his or her judgment in order to ensure that plumbing has been installed in accordance with the laws of the city so as to prevent the possibility of pollution of the water supply to the city. (Ordinance 1545)
15-230. PROTECTION FROM CONTAMINANTS. Pursuant to the city’s constitutional home rule authority and K.S.A. 65-163a, the city by its Utility Superintendent may refuse to deliver water through pipes and mains to any premises where a condition exists which might lead to the contamination of the public water supply system and it may continue to refuse the delivery of water to the premises until that condition is remedied. In addition, the city Utilities Superintendent may terminate water service to any property where the cross connections or backsiphonage condition creates, in the judgment of the Utilities Superintendent, an emergency danger of pollution to the potable water of the city. (Ordinance 1545)
15-231. PENALTIES. Any person, company, corporation, or institution violating any of the provisions of this Ordinance shall be guilty of a misdemeanor and shall be fined an amount not to exceed $500.00 and shall be subject to imprisonment for a term not to exceed three (3) months. (Ordinance 1545)
15-232. CONFLICTS. In the event the terms and provisions of this section shall conflict with any other Ordinances of the City of Lyons, Kansas regulating the water distribution system, in that event, the regulation providing the greatest protection to the public, shall in that case apply. (Ordinance 1545)
ARTICLE 3. SEWERS
15-301. DEFINITIONS. Unless the context clearly indicates otherwise, the meaning of words and terms as used in this article shall be as follows:
(a) B.O.D. (denoting Biochemical Oxygen Demand) shall mean the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20 degrees centigrade, expressed in milligrams per liter.
(b) Building Drain shall mean that part of the lowest horizontal piping of a drainage system that receives the discharge from soil, waste, and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning five feet outside the innerface of the building wall.
(c) Building Sewer shall mean the extension from the building drain to the public sewer or other place of disposal.
(d) Combined Sewers shall mean sewers receiving both surface runoff and sewage, are not permitted.
(e) Garbage shall mean solid wastes from the domestic and commercial preparation, cooking and dispensing of food, and from the handling, storage and sale of produce.
(f) Industrial Wastes shall mean the liquid wastes from industrial manufacturing processes, trade, or business as distinct from sanitary sewage.
(g) Natural Outlet shall mean any outlet into a watercourse, pond, ditch, lake, or other body of surface or groundwater.
(h) Normal Domestic Wastewater shall mean wastewater that has a BOD concentration of not more than 200 mg/I and a suspended solids concentration of not more than 250 mg/I.
(i) Operation and Maintenance shall mean all expenditures during the useful life of the treatment works for materials, labor, utilities, and other items which are necessary for managing and maintaining the treatment works to achieve the capacity and performance for which such works were designed and constructed.
(j) PH shall mean the logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.
(k) Properly Shredded Garbage shall mean the wastes from the preparation, cooking, and dispensing of food that have been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one-half inch (1.27 centimeters) in any dimension.
(l) Public Sewer shall mean a sewer in which all owners of abutting properties have equal rights, and is controlled by public authority.
(m) Replacement shall mean expenditures for obtaining and installing equipment, accessories, or appurtenances, which are necessary during the useful life of the treatment works to maintain the capacity and performance for which such works were designed and constructed. The term “operation and maintenance” includes replacement.
(n) Residential Contributor shall mean any contributor to the city’s treatment works whose lot, parcel of real estate, or building is used for domestic dwelling purposes only.
(o) Sanitary Sewer shall mean a sewer, which carries sewage, and to which storm, surface, and groundwater are not intentionally admitted.
(p) Sewage shall mean a combination of the water-carried wastes from residences, business buildings, institutions and industrial establishments, together with such ground, surface, and storm waters as may be present.
(q) Sewage Treatment Plant shall mean any arrangement of devices and structures used for treating sewage.
(r) Sewage Works shall mean all facilities for collecting, pumping, treating and disposing of sewage.
(s) Sewer shall mean a pipe or conduit for carrying sewage.
(t) Slug shall mean any discharge of water, sewage, or industrial waste which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than 15 minutes more than five times the average 24 hour concentration or flows during normal operation.
(u) Storm Sewer or Storm Drain shall mean a sewer which carries storm and surface waters and drainage, but excludes sewage and polluted industrial wastes.
(v) Suspended Solids shall mean solids that either float on the surface of, or are in suspension in water, sewage, or other liquids, and which are removable by laboratory filtering.
(w) Treatment Works shall mean any devices and systems for the storage, treatment, recycling, and reclamation of municipal sewage, domestic sewage, or liquid industrial wastes. These include intercepting sewers, outfall sewers, sewage collection systems, individual systems, pumping, power, and other equipment and their appurtenances; extensions, improvement, remodeling, additions and alterations thereof; elements essential to provide a reliable recycled supply such as standby treatment units and clear well facilities; and any works including site acquisition of the land that will be an integral part of the treatment process or is used for ultimate disposal of residues resulting from such treatment (including land for composting sludge, temporary storage of such compost, and land used for the storage of treated wastewater in land treatment systems before land application); any other method or system for preventing, abating, reducing, storing, treating, separating, or disposing of municipal waste or industrial waste, including waste in combined storm water and sanitary sewer systems.
(x) Useful Life shall mean the estimated period during which a treatment works will be operated.
(y) User Charge shall mean that portion of the total wastewater service charge, which is levied in a proportional and adequate manner for the cost of operation, maintenance, and replacement of the wastewater treatment works.
(z) Utilities Superintendent shall mean the superintendent of the Utility Department of the City or his or her authorized deputy, agent or representative.
(aa) Watercourse shall mean a channel in which a flow of water occurs, either continuously or intermittently.
(bb) Water Meter shall mean a water volume measuring and recording device, furnished and/or installed by the city or furnished and/or installed by a user and approved by the city. (Ord. 1457, Art. II; Ord. 1458, Art. I; Code 1989)
15-302. SEWER CONNECTION REQUIRED. The owner of all houses, buildings, or properties used for human occupancy, employment, recreation, or other purpose, situated within the city and abutting on any street, alley, or right-of -way in which there is now located or may in the future be located a public sanitary or combined sewer of the city, is hereby required at his or her expense to install suitable toilet facilities therein, and to connect such facilities directly with the proper public sewer in accordance with the provisions of this article and amendments thereto within 90 days after date of official notice to do so, provided that said public sewer is within 100 feet of the property line. (Ord. 1458, Art. II, Sec. 4; Code 1989)
15-303. PERMIT; FEE.
(a) No unauthorized person shall uncover, make any connections with or opening into, use, alter, or disturb any public sewer appurtenance thereof without first obtaining a written permit from the City Clerk and approval from the Utilities Superintendent.
(b) There shall be two classes of building sewer permits:
(1) for residential and commercial service, and
(2) for service to establishments producing industrial wastes.
In either case, the owner or his or her agent shall make application on a special form furnished by the city. The permit application shall be supplemented by any plans, specifications or other information considered pertinent in the judgment of the Utilities Superintendent. (Ord. 1458, Art. IV, Secs. 1:2)
15-304. APPLICATION. Any person desiring to make a connection to the city sewer system shall apply in writing to the City Clerk who shall forward the application to the Utility Superintendent. The application shall contain:
(a) The legal description of the property to be connected;
(b) The name and address of the owner or owners of the property;
(c) The kind of property to be connected (residential, commercial or industrial);
(d) The point of proposed connection to the city sewer line. (Code 1989)
15-304a EXTENSION FOR SERVICES BEYOND CITY LIMITS
City sewer services shall not be extended beyond the city limits of the City of
Lyons, Kansas unless required by law or expressly authorized by the governing body of the City of Lyons, Kansas, upon a finding that such service extension is not contrary to or is permitted by the laws of the State of Kansas and the ordinances of the City of Lyons, Kansas; that such service extension meets sound financial and economic standards; and that such service extension is compatible with the mission and planning goals of the City of Lyons, Kansas.
Any such sewer service extension beyond the city limits of the City of Lyons, Kansas, shall be contingent upon each affected real estate owner(s) entering into a written agreement with the City of Lyons which conditions the delivery or extension of sewer services to the owner’s real estate on consent of the owner(s) to future annexation of the affected real estate, and the consent of the owner(s) to special assessments that may be imposed upon the affected real estate for the purpose of paying the cost of constructing infrastructure for such water services. The written agreement provided for by this section shall also contain the agreement of the affected real estate owner(s) to comply with all ordinances of the city pertaining to sewer services.
Pursuant to K.S.A. 12-534, the written agreement provided for by this section shall be filed with the office of the Register of Deeds of Rice County, Kansas, within thirty (30) days of the execution by all parties, and shall be deemed to be a sufficient consent to annexation under K.S.A. 12-520 and amendments thereto by the owner(s) and any successors in interest of the affected real estate. (Ordinance 1790)
15-305. COSTS; FEES.
(a) All costs and expenses incident to the installation and connection of the building sewer shall be paid by the owner. The owner shall indemnify the city from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer.
(b) In addition to the actual expenses involved in connection to the city sewer system, the following fees shall be charged for a permit to connect a building or other facility to the city sewer system:
(1) $150.00 (one hundred and fifty dollars) for the connection of each building or other facility located on land, which has previously been included in a city sewer improvement district, or the city sewer system serving the land involved has otherwise been paid by the owner thereof.
(2) For a building or other facility located on land which has not been included in a city sewer improvement district or land which has otherwise not born the expense of the extension of mains and laterals as though it were included in a city sewer improvement district, the permit fee shall be $.02 per square feet of land area occupied by the building or other facility.
(3) For all buildings or other facilities located outside the corporate limits of the city, a permit fee of $500.00 shall be charged for each building or other facility connected. (Ordinance 1714)
15-306. SEWER CONNECTION. The connection of the building sewer into the public sewer shall conform to the requirements of the building and plumbing code or other applicable rules and regulations of the city. All such connections shall be made gastight and watertight. Any deviation from the prescribed procedures and materials must be approved by the Utilities Superintendent before installation. (Ord. 1458, Art. IV, Sec. 9)
15-307. SAME; INSPECTION. The applicant for the building sewer permit shall notify the Utilities Superintendent when the building sewer is ready for inspection and connection to the public sewer. The connection shall be made under the supervision of the Utilities Superintendent or his or her representative. (Ord. 1458, Art. IV, Sec. 10)
15-308. SEWER FOR EACH BUILDING. A separate and independent building sewer shall be provided for every building except where one building stands at the rear of another on an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, courtyard or driveway. In such case, the building sewer from the front building may be extended to the rear building and the whole considered as one building sewer. (Ord. 1458, Art. IV, Sec. 4; Code 1989)
15-309 (1) SAME; SPECIFICATIONS. Piping materials for sewer service lines shall meet the following requirements:
(a) Cast iron soil pipe and fittings shall conform to the requirements of ANSI A 21.8. Pipe and fittings shall have coal tar enamel coating inside the pipe.
(b) Vitrified clay pipe and fittings shall meet the requirements for extra strength under ASTM C 594-74 for plain end pipe and ASTM C 700-71 and ASTM standard C 425-72 for jointed pipe.
(c) Rigid polyvinyl chloride plastic pipe and fittings shall meet or exceed the requirements of Schedule 40 plain end or coupled end pipe under ASTM D 1785 and ASTM D 266.5.
(d) Rigid acrylonitrile-butadiene-styrene (ABS) sewer pipe and fittings shall meet the requirements of ASTM D 2751-SDR 23.5.
(e) Cast iron pipe shall conform to ASA 21.8 and be Class 22. Leaded joint pipe shall not be approved. (Code 1989)
(2) Piping sizes required for sanitary sewer building or house construction shall be four-inch (minimum) pipe for single-family housing and small businesses or commercial establishments with less than single-family water consumption. Six-inch (minimum) piping is required for multi-family living units and/or larger users of water than single-family units. Minimum slopes for four-inch service lines are 1/4-inch per foot. Minimum slopes for six-inch or large service lines are 1/8-inch per foot. (Code 1989)
(3) Whenever possible the building sewer shall be brought to the building at an elevation below the basement floor. In all buildings in which the building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such building drain shall be lifted by an approved means and discharged to the building sewer. (Ord. 1458, Art. IV, Sec. 7)
(4) All excavation required for the installation of the building sewer shall be open trench work unless otherwise approved by the city. Pipe laying and backfill shall be performed in accordance with ASTM specifications C 12- 19, except that no backfill shall be placed until the work has been inspected and approved. (Code 1989)
(5) All joints in the building sewers shall be made watertight. If recommended by the city inspector, a water pressure test shall be made on the completed sewer to insure a compliance with this requirement, requiring that the building sewer withstand an internal water pressure of 5 psi., without leakage.
All joints in vitrified clay pipe shall be the polyurethane-compression type joints, approved by the city inspector.
Joints for all plastic pipe used in building sewers shall be the slip type joints or solvent weld type, approved by the city.
Joints between any two different types of pipes shall be made with asphalted jointing materials or concrete, as approved by the city. All joints shall be watertight and constructed to insure minimum root penetration and to the satisfaction of the city. (Code 1989)
15-310. SEWER EXCAVATIONS: DAMAGES. All excavations for building sewers shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the city. (Ord. 1458, Art. IV, Sec. 11)
15-311. FAILURE TO CONNECT.
(a) If any person as defined in section 1-102 shall fail, neglect or refuse to connect any dwelling or building with the sewer system for more than 10 days after being notified in writing by the Governing Body to do so, the city may cause such buildings to be connected with the sewer system as authorized by K.S.A. 12-631.
(b) The cost and expense, including inspection fees, shall be assessed against the property. Until such assessments shall have been collected and paid to the city, the cost of making such connection may be paid from the general fund or through the issuance of no fund warrants. (Code 1989)
15-312. PRIVY UNLAWFUL. It shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool, or other facility intended or used for the disposal of sewage. (Ord. 1458, Art. II, Sec. 3; Code 1989)
15-313. PRIVATE SEWER SYSTEM. Where a public sanitary or combined sewer is not available under the provisions of section 15-302 the building sewer shall be connected to a private sewage disposal system complying with the provisions of this article. (Ord. 1458, Art. III, Sec. 1)
15-314. SAME; PERMIT. Before commencing construction of a private sewage disposal system, the owner shall first obtain a written permit signed by the superintendent. The application shall be made on a form furnished by the city accompanied by any plans, specifications or other information deemed necessary by the superintendent. A permit for a private sewage disposal system shall not become effective until the installation is completed to the satisfaction of the Utilities Superintendent. (Ord. 1458, Art. III, Sec. 2; Code 1989)
15-315. SAME; INSPECTION. The Utilities Superintendent or his or her authorized representative shall be allowed to inspect the work at any stage of construction and the applicant shall notify the Utilities Superintendent when the work is ready for final inspection or before any underground portions are covered. The inspection shall be made within 24 hours of the receipt of notice by the Utilities Superintendent. (Ord. 1458, Art. III, Sec. 3; Code 1989)
15-316. SAME; DISCHARGE.
(a) The type, capacities, location, and layout of the private sewage disposal system shall comply with all recommendations of the Water Pollution Control Section of the Kansas State Department of Health. No permit shall be issued for any private sewage disposal system employing subsurface soil absorption facilities where the area of the lot is less than 10,000 square feet. No septic tank or cesspool shall be permitted to discharge to any natural outlet.
(b) At such time as a public sewer becomes available to a property served by a private sewage disposal system, as provided in section 15-302, a direct connection shall be made to the public sewer within 60 days in compliance with this article, and any septic tank, cesspool, and similar private sewage disposal facilities shall be abandoned cleaned of sludge and filled with clean bank-run gravel or dirt. (Ord. 1458, Art. III, Secs. 4:5,8)
15-317. SAME; ADDITIONAL REQUIREMENTS. No statement contained in this article shall be construed to interfere with any additional requirements that may be imposed by the health officer. (Ord. 1458, Art. III, Sec. 7)
15-318. SAME; MAINTENANCE. The owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at all times, at no expense to the city. (Ord. 1458, Art. III, Sec. 6)
15-319. DISPOSAL OF SEWAGE. It shall be unlawful for any person to deposit or discharge from any source whatsoever any sewage or human excrement upon any public or private grounds within the city, or to permit the contents of any privy vault or septic tank to be deposited or discharged upon the surface of any grounds. Any unauthorized or unapproved privy vault, septic tank or other means or places for the disposal of sewage, excrement and polluted water may be abated as a public nuisance upon the order of the city or county Board of Health in accordance with the laws of Kansas. (K.S.A. l2-l6l7e; 12-16l7g; Ord. 1458, Art. II, Sec. 1; Code 1989)
15-320. DAMAGE TO SEWERS. It shall be a misdemeanor for any unauthorized person to maliciously, willfully, or negligently break, damage, destroy, uncover, deface or tamper with any sewer, structure, appurtenance, or equipment which is part of the municipal sewer system. (Ord. 1458, Art. VI; Code 1989)
15-321. NATURAL OUTLET. It shall be unlawful to discharge to any natural outlet within the city or in any area under the jurisdiction of the city any sewage or other polluted waters except where suitable treatment has been provided in accordance with the provisions of this article. (Ord. 1458, Art. II, Sec. 2)
15-322. STANDARDS. The size, slope, alignment, materials of construction of a building sewer, and the methods to be used in excavating, placing of the pipe, jointing, testing and backfilling the trench, shall all conform to the requirements of the building and plumbing code or other applicable rules and regulations of the city. (Ord. 1458, Art. IV, Sec. 6; Code 1989)
15-323. OLD BUILDING SEWERS. Old building sewers may be used in connection with new buildings only when they are found, on examination and test by the Utilities Superintendent, to meet all requirements of this article. (Ord. 1458, Art. IV, Sec. 5)
15-324. GREASE, OIL AND SAND TRAPS. Grease, oil and sand interceptors shall be provided when, in the opinion of the Utilities Superintendent, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts, or any flammable wastes, sand or other harmful ingredients; except that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the Utilities Superintendent and shall be located as to be readily and easily accessible for cleaning and inspection. (Ord. 1458, Art. V, Sec. 6)
15-325. ROOF, FOUNDATION DRAINS. It shall be unlawful to connect downspouts from any roof area, drains from any building foundation, paved areas, yards or open courts, or to discharge uncontaminated cooling water or unpolluted industrial process water into any city sanitary sewer. (Ord. 1458, Art. IV, Sec. 9, Art. V, Sec. 1; Code 1989)
15-326. SAME; EXCEPTION. Discharges from air conditioning units in excess of one ton per hour or one horsepower may be permitted into a building sewer upon approval of the Utility Superintendent where there is a finding that such cooling water cannot be recirculated and that such waste water does not overload the capacity of the sewer or interfere with the effective operation of the sewage disposal works of the city. (Code 1989)
15-327. STORM WATER; INDUSTRIAL COOLING WATER. Storm water and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as combined sewers or storm sewers, or to a natural outlet approved by the Utilities Superintendent. Industrial cooling water or unpolluted process waters may be discharged on approval of the Utilities Superintendent, to a storm sewer, combined sewer or a natural outlet. (Ord. 1458, Art. V, Sec. 2)
15-328. PROHIBITED DISCHARGES. No person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewers:
(a) Any gasoline, benzene, naphtha, fuel oil or other flammable or explosive liquid, solid or gas.
(b) Any waters or wastes containing toxic or poisonous solids, liquids, or gases in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any sewage treatment process, constitutes a hazard to humans or animals, create a public nuisance, or create any hazard in the receiving waters of the sewage plant, including but not limited to cyanides in excess of the two mg/1 as CN in the wastes as discharged in the public sewer.
(c) Any waters or wastes having a PH lower than 5.5 or having any other corrosive property capable of causing damage or hazard to structures, equipment and personnel of the sewage works.
(d) Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in sewers, or other interference with the proper operation of the sewage works such as, but not limited to ashes, cinders, sand, mud, straw, unground garbage, whole blood, paunch manure, hair and fleshings, entrails and paper dishes, cups, milk containers, etc. either whole or ground by garbage grinders. (Ord. 1458, Art. V, Sec. 3)
15-329. SAME. No person shall discharge or cause to be discharged the following described substances, materials, waters or wastes if it appears likely in the opinion of the superintendent that such wastes can harm either the sewers, sewage treatment process or equipment, have an adverse effect on the receiving stream, or can otherwise endanger life, limb, public property or constitute a nuisance. In forming his or her opinion as to the acceptability of these wastes, the superintendent will give consideration to such facts as the quantities of subject wastes in relation to flows and velocities in the sewers, materials of construction of the sewers, nature of the sewage treatment process, capacity of the sewage treatment plant and other pertinent facts. The substances prohibited are:
(a) Any liquid or vapor having a temperature higher than l500F (650C).
(b) Any water or waste containing fats, wax, grease, or oils, whether emulsified or not, in excess of 100 mg/I or containing substances which may solidify or become viscous at temperatures between 32 and 1500F (00 and 650C).
(c) Any garbage that has not been properly shredded. The installation and operation of any garbage grinder equipped with a motor of 3/4 horsepower (0.76 hp metric) or greater shall be subject to the review and approval of the superintendent.
(d) Any waters or wastes containing strong acid iron pickling wastes or concentrated plating solutions whether neutralized or not.
(e) Any waters or wastes containing iron, chromium, copper, zinc, and similar objectionable or toxic substances; or wastes exerting an excessive chlorine requirement to such degree that any such material received in the composite sewage at the sewage treatment works exceed the limits established by the superintendent for such materials.
(f) Any water or wastes containing phenols or other taste or odor-producing substances, in such concentrations exceeding limits which may be established by the superintendent as necessary, after treatment of the composite sewage, to meet the requirements of state, federal or other public agencies of jurisdiction for such discharge to the receiving waters.
(g) Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the superintendent in compliance with applicable state or federal regulations.
(h) Any waters or wastes having a PH in excess of 9.5.
(i) Materials, which exert or cause:
(1) Unusual concentrations of inert suspended solids (such as but not limited to Fullers earth, lime slurries and lime residues) or of dissolved solids (such as but not limited to sodium chloride, or sodium sulfate).
(2) Excessive discoloration (such as but not limited to, dye wastes and vegetable tanning solutions).
(3) Unusual BOD, chemical oxygen demand or chlorine requirements in such quantities as to constitute a significant load on the sewage treatment works.
(4) Unusual volume of flow or concentration of wastes constituting “slugs” as defined herein.
(j) Waters or wastes containing substances which are not amenable to treatment or reduction by the sewage treatment processes employed, or are amenable to treatment only to such degree that the sewage treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters.
(k) Any waters or wastes having:
(1) A five-day BOD greater than 300 parts per million by weight;
(2) Containing more than 350 parts per million by weight of suspended solids;
(3) Having an average daily flow greater than two percent of the average sewage flow of the city, shall be subject to the review of the Utilities Superintendent.
Where necessary in the opinion of the Utilities Superintendent, the owner shall provide, at his or her expense, such preliminary treatment as may be necessary to
(1) Reduce the biochemical oxygen demand to 300 parts per million by weight,
(2) Reduce the suspended solids to 350 parts per million by weight; or
(3) Control the quantities and rates of discharge of such waters or wastes.
Plans, specifications and any other pertinent information relating to propose preliminary treatment facilities shall be submitted for the approval of the Utilities Superintendent. No construction of such facilities shall be commenced until the approvals are obtained in writing. (Ord. 1458, Art. V, Sec. 4)
15-330. SAME; EXCEPTION: PRETREATMENT.
(a) If any waters or wastes are discharged or are proposed to be discharged to the public sewers, which waters contain the substances or possess the characteristics enumerated in section 15-329 of this article, and which in the judgment of the superintendent may have a deleterious effect upon the sewage works, processes, equipment, or receiving waters or which otherwise create a hazard to life to constitute a public nuisance, the superintendent may:
(1) Reject the wastes,
(2) Require pretreatment to an acceptable condition for discharge to the public sewers,
(3) Require control over the quantities and rates of discharge and/or,
(4) Require payment to cover the added cost of handling and treating the wastes not covered by existing taxes or sewer charges under the provisions of section 15-334 of this article.
(b) If the Utilities Superintendent permits the pretreatment or equalization of waste flows, the design and installation of the plants and equipment shall be subject to the review and approval of the Utilities Superintendent and subject to the requirements of all applicable codes, ordinances and laws. (Ord. 1458, Art. V, Sec. 5)
15-331. PRELIMINARY TESTING. Where preliminary treatment or flow-equalizing facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at his or her expense. (Ord. 1458, Art. V, Sec. 7)
15-332. INDUSTRIAL WASTES; INSPECTION MANHOLE. When required by the Utilities Superintendent, the owner of any property serviced by a building sewer carrying industrial wastes shall install a suitable control manhole together with such necessary meters and other appurtenances in the building sewer to facilitate observation, sampling, and measurement of the wastes. The manhole shall be accessibly and safely located. The manhole shall be installed by the owner at his or her expense in accordance with plans approved by the Utilities Superintendent and shall be maintained by him or her so as to be safe and accessible at all times. (Ord. 1458, Art. V, Sec. 8; Code 1989)
15-333. SAME; TESTING. All measurements, tests, and analyses of the characteristics of waters and wastes shall be determined in accordance with the latest edition of “Standard Methods for the Examination of Water and Wastewater,” published by the American Public Health Association, and shall be determined at the control manhole provided, or upon suitable samples taken at the control manhole. In the event that no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the building sewer is connected. Sampling shall be carried out by customarily accepted methods to reflect the effect of constituents upon the sewage works and to determine the existence of hazards to life, limb, and property. (The particular analyses involved will determine whether a 24 hours composite of all outfalls of a premise is appropriate or whether a grab sample or samples should be taken. Normally, but not always, BOD and suspended solids analyses are obtained from 24-hour composites of all outfalls whereas pHs is determined from periodic grab samples.) (Ord. 1458, Art. V, Sec. 9; Code 1989)
15-334. SAME. No statement contained in this article shall be construed as preventing any special agreement or arrangement between the city and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the city for treatment, subject to payment therefore, by the industrial concern. (Ord. 1457, Art. IV, Sec. 6; Ord. 1458, Art. V, Sec. 10)
15-335. RIGHT OF ACCESS. The Utilities Superintendent and authorized employees of the city bearing proper credentials and identification shall be permitted to enter all properties for the purposes of inspection, observation, measurement, sampling, and testing in accordance with the provisions of this article. The Utilities Superintendent or his or her representatives shall have no authority to inquire into any processes including metallurgical, chemical, oil, refining, ceramic, paper, or other industries beyond that point having a direct bearing on the kind and source of discharge to the sewers or waterways or facilities for waste treatment. (Ord. 1458, Art. VII, Sec. 1)
15-336. SAME; EASEMENTS. The Utilities Superintendent and other duly authorized employees of the city bearing proper credentials and identification shall be permitted to enter all private properties through which the city holds a duly negotiated easement for the purpose of, but not limited to, inspection, observation, measurement, sampling, repair, and maintenance of any portion of the sewage works lying within the easement. All entry and subsequent work, if any, on the easement, shall be done in full accordance with the terms of the duly negotiated easements pertaining to the private property involved. (Ord. 1458, Art. VII, Sec. 3)
15-337. SAME; SAFETY RULES; LIABILITY. While performing necessary work on private properties, the Utilities Superintendent or authorized employees of the city shall observe all safety rules applicable to the premises established by the company. The company shall be held harmless for injury or death to the city employees and the city shall indemnify the company against loss or damage to its property by city employees and against liability claims and demands for personal injury or property damage asserted against the company and growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the company to maintain safe conditions as required in section 15-332. (Ord. 1458, Art. VII, Sec. 2)
15-338. USER CHARGE SYSTEM; PURPOSE. The user charge system shall generate adequate annual revenues to pay costs of annual operation and maintenance including replacement and costs associated with debt retirement associated with capital expenditures, which the city may designate to be paid by the user charge system. (Ord. 1457, Art. III, Sec. 1)
15-339. SAME; OPERATION AND MAINTENANCE. That portion of the total user charge collected which is designated for operation and maintenance including replacement purposes shall be deposited in a separate non-lapsing fund known as the “Operation, Maintenance and Replacement Fund” and will be kept in two primary accounts as follows:
(a) Operation and Maintenance Account. An account designated for the specific purpose of defraying operation and maintenance costs of the treatment works.
(b) Replacement Account. An account designated for the specific purpose of ensuring replacement needs over the useful life of the treatment works. Deposits in the replacement account shall be made at least annually from the operation, maintenance and replacement revenue in the amount of $10,000.00 annually. (Ord. 1457, Art. III, Sec. 2)
15-340. SAME; ACCOUNT. Fiscal year-end balances in the operation and maintenance account and the replacement account shall be carried over to the same accounts in the subsequent fiscal year, and shall be used for no other purposes than those designated for these accounts. Monies, which have been transferred from other sources to meet temporary shortages in the operation, maintenance and replacement fund shall be returned to their respective accounts upon appropriate adjustment of the user charge rates for operation, maintenance and replacement. The user charge rate(s) shall be adjusted such that the transferred monies will be returned to their respective accounts within the fiscal year following the fiscal year in which the monies were borrowed. (Ord. 1457, Art. III, Sec. 3)
15-341. SAME; CHARGES.
(a) Each user shall pay for the services provided by the city based on his or her use of the treatment works as determined by water meter(s) acceptable to the city.
(b) Each contributor, monthly user charge will be based on the average monthly water usage during the months of December, January and February. If a contributor has not established a December, January and February average, his or her monthly user charge shall be the median charge of all other residential, commercial, or industrial contributors. In the event wastewater treatment services are provided to property located within or without the city where there is no water service, or in the event water consumption during the base period of December, January and February does not reflect use of the wastewater treatment facility, then the City Administrator or his or her designated representative may negotiate the rate to be charged the customer with the ultimate rate to be based as nearly as possible upon the customers’ use of the wastewater treatment facility, or the city may request the installation of a wastewater meter or separate water meters installed and maintained at the contributor’s expense. (Ord. 1457, Art. IV, Secs. 1:2)
15-342. SAME; RATES. The user charge rates established in this article apply to all users, of the city’s wastewater treatment works.
(a) The minimum monthly user charge for normal domestic wastewater shall be $19.50. In addition, each contributor or user shall pay a user charge rate for operation, maintenance, and replacement costs of $1.50 per month per 1,000 gallons of water (or wastewater)
(b) For those contributors who contribute wastewater, the strength of which is greater than normal domestic sewage, a surcharge in addition to the normal user charge will be collected for operation and maintenance including replacement of:
1. $0.0878 per pound BOD
2. $0.0130 per pound SS
(c) For service to property located outside the corporate limits of the city there shall be an additional charge of $19.50 per month to pay for the capital improvements and retire bonded indebtedness.
(d) The city will notify each user at least annually of the rate being charged for operation, maintenance, and replacement of the wastewater treatment works.
(Ordinance 1715/Ordinance 1786 / Ordinance 1815/ Ordinance 1819 / Ordinance 1837 /Ordinance 1841 / Ordinance 1862 / Ordinance 1898 / Ordinance 1949)
15-343. BILLS. Bills shall be rendered monthly as provided in section 15-219 and shall be collected as a combined utility bill. (Code 1989)
15-344. DELINQUENT ACCOUNTS; LIEN AGAINST PROPERTY.
(a) In the event any person, except the United States and the State of Kansas or any political subdivision thereof, shall fail to pay the user charges when due, water service shall be terminated as provided in sections 15- 102:104.
(b) In lieu of terminating water service, the Governing Body may elect to assess such delinquent charges as a lien upon the real estate serviced as provided in section 15-104, and the City Clerk shall certify such delinquent charges to the County Clerk to be placed on the tax roll and collected in like manner as other taxes are collected. (Code 1989)
15-345. PENALTY.
(a) Any person found to be violating any provision of this article except sections 15-320 and 15-343 shall be served by the city with written order stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such order, permanently cease all violations.
(b) Any person who shall continue any violation beyond the time limit provided for in subsection (a) shall be guilty of a misdemeanor, and on conviction thereof shall be fined in the amount not exceeding $100.00 for each violation. Each 24-hour period in which any such violation shall continue shall be deemed a separate offense.
(c) Any person violating any of the provisions of this article shall become liable to the city for any expense, loss, or damage occasioned the city by reason of such violation. (Ord. 1458, Art. VIII)
ARTICLE 4. SOLID WASTE
15-401. DEFINITIONS. Unless the context clearly indicates otherwise, the meaning of words and terms as used in this article shall be as follows:
(a) COMMERCIAL WASTE: All refuse emanating from establishments engaged in business including, but not limited to stores, markets, office buildings, restaurants, shopping centers, theaters, hospitals, governments and nursing homes.
(b) CONSTRUCTION AND DEMOLITION WASTES: Buildings materials and rubble resulting from construction, remodeling, repair or demolition operations on houses, commercial buildings or other structures and pavement.
(c) GARBAGE: Waste resulting from the handling, processing, storage, packaging, preparation, sale, cooking and serving of meat, produce and other foods and shall include unclean containers.
(d) HOUSEHOLD RESIDENTIAL WASTES: All normal solid wastes emanating from homes, apartments, and mobile homes when occupied as residences. Household residential wastes shall include garage, waste paper, cans, bottles, boxes and other normal household refuse.
(e) INDUSTRIAL WASTES: Solid wastes resulting from manufacturing and industrial processes and liquid wastes resulting from manufacturing or industrial processes, which are not suitable for discharge to a sanitary sewer or treatment in the city sewage treatment plant.
(f) REFUSE: Shall mean unwanted or discarded material resulting from commercial, industrial and agricultural operations and from normal community activities. Refuse includes, but is not limited to the following: garbage; rubbish; ashes and other residue after burning; street refuse; dead animals; animal wastes; motor vehicles; agricultural, commercial, industrial wastes; construction and demolition wastes and sewage treatment residue.
(g) SPECIAL WASTES: Refuse which may not be considered hazardous waste, but due to its nature requires special handling for collection and disposal, and may include tires, appliances, furniture, bulky items, automobile bodies, grass clippings, leaves, brush, tree limbs, and other similar material and items, and may also include liquid oils, grease, and other similar liquids and chemicals. (Ordinance 1580)
15-402. COLLECTION. All household residential wastes and commercial wastes accumulated within the City shall be collected, conveyed and disposed of by the City by contractors specifically authorized to collect and dispose of solid waste. (Ordinance 1580)
15-403. CONTRACTS. The city shall have the right to enter into a contract with any responsible person for collection and disposal of solid waste. (Ordinance 1580)
15-404. DISPOSAL SITES. The City may maintain or provide by contract with another person or political subdivision for disposal sites. (Ordinance 1580)
15-405. DUTY OF OWNER, OCCUPANT. The owner or occupant of every dwelling unit or commercial enterprise shall provide at his or her own expense a suitable container for the storage of solid wastes as provided in this article. No owner or occupant shall permit to accumulate quantities of refuse or the waste materials within or close to any structure within the City unless the same is stored in approved containers and in such a manner as not to create a health or fire hazard. Refuse placed in improper containers shall not be collected. (Ordinance 1580)
15-406. RESIDENTIAL CONTAINERS. Residential containers shall be non-rusting material of substantial construction and shall be tapered with the widest dimension at the top opening and shall be equipped with handles or bales for easy lifting and emptying. Each container shall have a tight fitting lid and shall be leak proof and fly tight. By agreement between the resident and the city or the city’s contract hauler, the city or the city’s contract hauler may provide larger self-dumping containers of a design and type to be approved by the city or the city’s contract hauler. (Ordinance 1708/Ordinance 1816)
15-407. BULK CONTAINERS. On premises where excessive amounts of refuse accumulates or where cans or bags are impractical, bulk containers for the storage of refuse may be used. Containers shall have a capacity and shall be equipped with appurtenances for attaching mechanical lifting devices, which are compatible with the collection equipment being used. Containers shall be constructed of durable rust and corrosion resistant material, which is easy to clean. All containers shall be equipped with tight fitting lids or doors to prevent entrance of insects or rodents. Doors and lids shall be constructed and maintained so they can be easily opened. Containers shall be of watertight, leak proof and weatherproof construction. (Code 1976, 8-609; Code 1989)
15-408. ENTER PRIVATE PREMISES. Solid waste collectors, employed by the city or operating under contract with the city, are hereby authorized to enter in and upon private property for the purpose of collecting solid waste there from as required by this article. (Code 1976, 8-605)
15-409. LOCATION OF CONTAINERS. All solid waste containers shall be stored upon private property unless approval of another location is given by the City Administrator. The permanent storage of refuse containers is prohibited in front yards of residences and commercial and industrial refuse containers shall be located at the rear of the premises near an improved alley. On the designated refuse collection day the occupant may temporarily store refuse on public property next to the street curb line in front of the occupants dwelling. In the event the occupant does not desire to store refuse at the street curb line for collection purposes the occupant may, temporarily for collection purposes, store refuse at some other location on his or her property easily accessible to the contract hauler, and shall be charged a fee for refuse collection as provided by the contract hauler, for the collection of refuse at a point other than the curb line. (Ordinance 1580)
15-410. FREQUENCY OF COLLECTION.
A. Household residential wastes in residential areas shall be collected not less than once weekly.
B. All commercial solid waste shall be collected at intervals as may be fixed by the City Administrator (Ordinance 1580)
15-411. HAZARDOUS MATERIALS. No person shall deposit in a solid waste container or otherwise offer for collection any hazardous garbage, refuse, or waste. Hazardous material shall include:
(a) Explosive materials;
(b) Rags or other waste soaked in volatile and flammable materials;
(c) Chemicals;
(d) Poisons;
(e) Radio-active materials;
(f) Highly combustible materials;
(g) Soiled dressings, clothing, bedding and/or other wastes, contaminated by infection or contagious disease;
(h) Any other materials that may present a special hazard to collection or disposal personnel, equipment, or to the public. (Code 1989)
15-412. PROHIBITED PRACTICES. It shall be unlawful for any person to:
(a) Deposit solid waste in any container other than that owned or leased by him/her or under his/her control without written consent of the owner and/or with the intent of avoiding payment of the refuse service charge;
(b) Interfere in any manner with employees of the city or its contractors in the collection of solid waste;
(c) Burn solid waste except in an approved incinerator and unless a variance has been granted and a written permit obtained from the city or the appropriate air pollution control agency;
(d) Bury refuse at any place within the city except that lawn and garden trimmings may be composted;
(e) Scavage through or remove any refuse from the city disposal site except for salvage operations authorized by the City Administrator. (Code 1976, 8-631; Code 1989)
15-413. UNAUTHORIZED DISPOSAL. No person shall haul or cause to be hauled any garbage, refuse or other waste material of any kind to any place, site or area within or without the limits of the city unless such site is a sanitary landfill, transfer point or disposal facility approved by the Kansas State Department of Health and Environment. (Code 1976, 8-631(d); Code 1989)
15-414. PRIVATE COLLECTORS; LICENSE REQUIRED.
(a) It shall be unlawful for any person, except an employee of the City or through contracted personnel specifically authorized for that purpose, to collect or transport any household residential waste within the City, without securing a license from the City.
(b) Nothing herein shall be construed to prevent a person hauling or disposing of his or her own solid waste providing it is done in such manner as not to endanger the public health or safety, or not to become an annoyance to the inhabitants of the City, and not to litter the streets and alleys of the City (Ordinance 1580)
15-415. SAME; APPLICATION. Any person desiring to collect or transport household residential waste and commercial waste within the City shall make application for a license to the City Administrator on such form as shall be prescribed by the Governing Body. The application shall include the following:
(a) The name and address of the applicant;
(b) The make, identification number and type of each vehicle to be operated for collecting and transporting solid waste;
(c) A certificate of vehicle insurance covering minimum limits of bodily injury liability of $100,000 per person and $200,000 per occurrence together with property damage liability of $50,000 for each accident. The certificate of insurance shall provide that coverage shall not be terminated unless 10 days written notice of such cancellation is filed with the City Clerk. (Ordinance 1580)
15-416. SAME; NON-TRANSFERABLE. All permits issued for private collection are non-transferable. Provided, however, that one vehicle may be substituted for another by filing the description and identification number with the City Administrator, and provided further, that additional vehicles may be added by filing a proper application, insurance data and paying the permit fee. (Ordinance 1580)
15-417. SAME; FEE. No license shall be issued unless the applicant shall pay to the City Clerk the sum of $1.00 per annum for each vehicle used in the collection and transportation of solid waste. The permit shall be effective only for the calendar year and shall expire on December 31st of each year. A permit may be renewed for a period of one year upon payment of the annual license fee and filing of a certificate of insurance. (Code 1989)
15-418. SAME; NUMBER TO BE DISPLAYED. The City Clerk shall issue a license receipt together with a number, which shall be painted on each vehicle. Said number shall be conspicuously placed upon the vehicle in a place and position to be clearly visible and shall be not less than three inches high in a condition to be clearly legible. The number shall be used only on the vehicle for which it is issued. (Code 1976, 8-627; Code 1989)
15-419. SAME; REVOCATION. A private collectors permit may be revoked upon violation of any terms of this article. No permit shall be revoked until the holder has been given written notice of the violation and a reasonable opportunity to correct the violation. (Code 1976, 8-628)
15-420. CLOSED VEHICLE. Any vehicle used by any person for the collection and transportation of household residential waste and commercial waste shall be maintained in a good mechanical condition. Vehicle shall be equipped with an enclosed covered body to prevent the contents leaking or escaping there from. Only construction and demolition wastes and certain special waste may be transported in open-bodied vehicles provided the material is securely tied in place to prevent scattering along the streets and alleys. (Ordinance 1580)
15-421. RULES AND REGULATIONS. The collection and transportation of trash and waste materials shall be at all times under the general supervision of the City Administrator or his or her duly authorized agent, who shall have the authority by and with the Consent of the Governing Body to make additional rules and regulations not inconsistent with the terms and provisions of this article requiring that the collection and transportation of trash and waste materials shall be conducted in such manner as not to endanger the public health, or to become an annoyance to the inhabitants of the City , and providing for a proper fee to be charged to the customer. (Ordinance 1580)
15-422. CHARGES; FEE SCHEDULE. The monthly fee charge for residential users
will include one residential container as specified in 15-406. Additional residential containers can be provided at $4.00 each. If the resident user desires, a separate recycle container will be provided at no cost. The monthly charge for the disposal of household residential waste and commercial waste is as follows:
(a) For each single-family dwelling, $10.29 per month.
(b) For multifamily dwellings where each separate dwelling unit has its own water meter, $10.29 per month for each dwelling unit.
(c) For multifamily dwellings being served by one water meter and having one refuse collection point, a fee of not less than $10.29 per month; provided, that the City Administrator and the contract hauler shall determine the actual fee based upon the amount of refuse ordinarily collected, the ease of collecting from the type of container involved and accessibility to the refuse to be collected.
(d) For each commercial establishment and industrial establishment, a minimum fee of $10.29 per month; provided, that the City Administrator and the contact hauler shall determine the actual fee to be charged, to be based upon the amount of refuse normally collected, the ease of collection from the container involved, the type of refuse and the accessibility to the refuse collection point.
(e) For mobile home courts having individual collection services, a fee of $10.29 month for each mobile home unit.
(f) For mobile home courts not having individual pickup service, a minimum fee of $10.29 month with the actual fee to be charged to be determined by the City Administrator and the contract hauler based upon the normal amount of refuse collected, the ease of collection from the refuse container involved and accessibility to the refuse collection point.
(g) The City Administrator or the contract hauler may, as a special service to the citizens, provide for the collection of construction and demolition wastes, hazardous wastes, industrial wastes and special wastes; however, it shall be the primary responsibility of the persons generating the wastes just referred to, to provide for the collection and disposal of such wastes. In the event that the City Administrator or the contract hauler shall collect and dispose of the waste, a fee shall be charged based upon the quantity of waste involved, the type of waste involved, the accessibility to the collection point of the waste involved and the cost of disposal of the waste.
(h) The City Administrator or the contract hauler as a special service to persons occupying property lying adjacent to the city, may provide refuse collection service at a minimum fee of $10.29 month. The actual fee to be charged shall be based upon the amount of refuse normally collected, the ease of collection, the type of refuse and the accessibility to the refuse collection point.
(i) The contract hauler may provide special refuse containers at a price to be agreed upon between the City Administrator, the contract hauler, and the citizen. Any person aggrieved by the rate set by the City Administrator and the contract hauler may appeal to the Governing Body. (Ordinance 1708) (Ordinance 1743 / 1797 / 1817 / 1838 / 1880 / 1899 / 1915 / 1929)
15-423. BILLING. Household residential waste charges shall be billed monthly. No payment shall be accepted on utility bills except for the full amount billed for all services. Delinquent solid waste bills shall carry the due dates, grace periods and penalties as waste bills. (Ordinance 1580)
15-424. REQUEST FOR SERVICE. A request for water or gas service or present connection with the City water or gas system shall constitute a request for the City refuse collection service or city contract hauler service. The absence of public water service or gas service shall not relieve any owner or occupant of any residence, multi-family dwelling or commercial or industrial enterprise from the responsibility of complying with the provisions of this article. The City at the discretion of the City Administrator may provide refuse collection service for persons located outside the City if the properties involved are in close proximity to other collection points. (Ordinance 1580)
15-425. PARTIAL SERVICE. Any person, firm or corporation at the time of beginning or terminating service who receives service for a period of less than 18 consecutive days shall be billed at one-half of the regular monthly rate. Service of 18 consecutive days or more the charge shall be at the full monthly rate. (Code 1976, 8-617)
426. EXEMPTION FROM SERVICE FEES. Persons liable for payment of the refuse collection fee may be exempt from payment of the fees upon written application of the party showing that no refuse is to be collected by the contract hauler for the premises have been vacant for more than 18 days. (Code 1976, 8-6 18)
427. ANNUAL FEE FOR USE OF COMPOST FACILITY AND TREE AND BRUSH FACILITY. The City of Lyons, Kansas may provide to the citizens of Lyons, Kansas a compost facility for the composting of lawn and garden debris and may provide a facility for the disposal of tree and brush debris. In the event the City of Lyons, Kansas provides such disposal facilities, there is hereby created an annual fee of $25.00 for commercial users and $5.00 for all others to be charged to the users of such facility. The annual license fee shall run from January 1 to December 31 of each year. The license can be obtained from the office of the City Clerk, or his or her designated agent. No person or party shall be allowed to use the compost and tree and branch facility without having first obtained a license to do so. A license may be issued to each person, business, or household located within the City of Lyons, Kansas. (Ordinance 1691)
ARTICLE 5. GAS SERVICE
15-501. RULES. The rates, rules and regulations hereinafter set forth shall constitute and be considered a part of the contract with every person, company, firm or corporation supplied with gas from the gas system of the city, and every person, company, firm or corporation, hereinafter called the consumer, who accepts and uses gas shall be held to have consented to be bound thereby. (Code 1976, 18-20 1)
15-502. APPLICATIONS. All applications for gas service shall be made in writing on a contract blank furnished by the city, stating fully and truly the purpose for which the services are required. (Code 1976, 18-202)
15-502a. EXTENSION FOR SERVICES BEYOND CITY LIMITS.
City natural gas services shall not be extended beyond the city limits of the City of Lyons, Kansas unless required by law or expressly authorized by the governing body of the City of Lyons, Kansas, upon a finding that such service extension is not contrary to or is permitted by the laws of the State of Kansas and the ordinances of the City of Lyons, Kansas; that such service extension meets sound financial and economic standards; and that such service extension is compatible with the mission and planning goals of the City of Lyons, Kansas.
Any such natural gas service extension beyond the city limits of the City of Lyons, Kansas, shall be contingent upon each affected real estate owner(s) entering into a written agreement with the City of Lyons which conditions the delivery or extension of natural gas services to the owner’s real estate on consent of the owner(s) to future annexation of the affected real estate, and the consent of the owner(s) to special assessments that may be imposed upon the affected real estate for the purpose of paying the cost of constructing infrastructure for such water services. The written agreement provided for by this section shall also contain the agreement of the affected real estate owner(s) to comply with all ordinances of the city pertaining to natural gas services.
Pursuant to K.S.A. 12-534, the written agreement provided for by this section shall be filed with the office of the Register of Deeds of Rice County, Kansas, within thirty (30) days of the execution by all parties, and shall be deemed to be a sufficient consent to annexation under K.S.A. 12-520 and amendments thereto by the owner(s) and any successors in interest of the affected real estate. (Ordinance 1792)
15-503. GAS SERVICE PIPES, LINES. The city shall install and maintain gas service lines from the laterals or mains to the building wall on the owner’s property to be served with gas. The property owner shall pay the initial costs (labor and material) of the installation of the gas service pipe and thereafter the city shall maintain the service line at the expense of the city. Gas lines located within the building are the sole responsibility of the owner. (Code 1976, 18-203, Code 2005)
15-504. METERS. The city shall install all gas meters at the building to be served with gas. In instances where it appears to be impractical in the opinion of the Utilities Superintendent to place a gas meter at the building the gas meter will be placed at any other location on the property as in the opinion of the Utilities Superintendent is the most practical location. In all instances, meter settings shall be so arranged as to permit access to the same during ordinary business hours by the meter reader for the city. All lines, meter settings and loops shall be constructed in accordance with the standards established by the city. The city shall install all meters and loops necessary to connect the gas service pipe to the building. (Code 1976, 18-204, Code 2005)
15-505. METER CONNECTION FEE.
(a) All applications for gas service by new customers or customers who have moved within the city shall be accompanied by a non-refundable gas meter connection fee of $50.00.
(b) All applications for gas service by new customers or customers who have moved outside the city limits shall be accompanied by a non-refundable gas meter connection fee of $100.00.
(c) After disconnection of a meter as a result of a customer having failed to timely pay for any city utility bill, there shall be a non-refundable meter reconnection fee of $75.00, together with the monthly meter charges as specified in Section 15-524 of the Code of the City of Lyons, Kansas 1989, for all the months during which the meter was disconnected or turned off. No meter shall normally be reconnected until all City utility accounts of the customer which have been billed out shall be paid in full.
(d) If a customer requests that their gas service be disconnected or turned off for reasons other than those specified in Section 15-505 (a) then the customers gas service shall not be reconnected or turned on until the customer pays a reconnection fee of $75.00, together with the monthly meter charges as specified in Section 15-524 of the Code of the City of Lyons, Kansas 1989, for all the months during which the meter was disconnected or turned off.
(e) At the request of the gas customer, the gas meter connection fee may be paid in two (2) equal installments, one of which shall be made at the time the application for gas connection is made, the second of which may be made when the first monthly billing is received for the gas service. (Ord. 1688, Sec. 1/ Ordinance 1809 / 1925)
15-506. COLLECTION AND BILLING. Gas meters shall be read by personnel of the City, either full-time or part-time, or by agents of the City as provided by contractual arrangements, as nearly as practical to so at 30-day intervals, and when read at such intervals, such period shall be construed as one month. Each customer shall be notified of the amount due for the amount due for the service account, and each gas service bill shall be considered paid on time if paid before the close of business on, or before, the 15th calendar day of each month. If such date falls on a Saturday, a Sunday or national holiday, then the bill shall be considered paid on time if paid before the close of business on, or before, the business day immediately following the 15th calendar day. A late payment fee of 10 percent of the bill shall be added to all delinquent accounts. (Ord. 1640, Sec. 6)
15-507. DELINQUENT ACCOUNTS; NOTICE; HEARING; FINDING; LIABILITY. Gas service shall be terminated for nonpayment of service fees or charges as provided in sections 15-102:104. (Code 1989)
15-508. METERS; DAMAGE; REPAIR; REMOVAL.
(a) Consumers shall be held responsible for any damage done to meters on their premises from any cause other than ordinary wear and tear. The city shall keep all meters in repair and proper working condition without cost to the consumer except where the meter is damaged by neglect or fault of the consumer in which case the city shall collect from the consumer the cost of repairing or replacing any meter damaged while supplying a customer’s premises.
(b) No consumer or other person shall repair or remove any meter or break any seal on a meter, nor tamper with or interfere with the proper registration of any meter.
(c) All meters shall remain the property of the city and may be removed from the property of the consumer, at any time for the purpose of testing and repairing same or upon discontinuance of service. (Code 1976, 18-208:209)
15-509. METER TESTING. All gas meters shall be tested and inspected without cost to the consumer as often as deemed sufficient by the superintendent in order to insure their thorough repair and accurate registration. Any consumer who becomes dissatisfied with the registration of the meter supplying his or her service or doubts the accuracy of the meter may demand that such meter be tested. If, upon test by the superintendent, the meter shall be proved to be accurate or within three percent fast or slow the meter shall be deemed correct and a charge as will be determined by the Utilities Superintendent will be made to the customer. Tests shall be made by means of a standard, certified meter provider to be supplied by the city. When a meter is found to be measuring incorrectly an adjustment shall be made for service during the preceding month but not further. (Code 1976, 18-210; Code 1989)
15-510. ESTIMATED BILL. In case any meter shall stop or for any reason fail to register properly, or upon failure to read any meter, the Utilities Superintendent may estimate the monthly bill on the basis of the average monthly quantity consumed during the past six months. (Code 1976, 18-211)
15-511. LATERALS. On streets not served by gas mains the city may run laterals; provided, that property owners desiring service will guarantee to the city a revenue sufficient to pay interest at six percent on the cost of the extension and the operating cost of the product and service furnished. (Code 1976, 18-212)
15-512. SERVICE OF PIPES AND FIXTURES OUTSIDE. The property owner shall keep fuel lines and fixtures outside the building in good repair and free from leaks at his/her expense. No claims for damages shall be made against the city on account of the breakage or leaking of any valve or fuel line nor will any allowance be made to any consumer on account of any leaks or waste of gas after passing through the meter. (Code 1976, 18-2 13)
15-513. INSPECTION OF PLUMBING, FITTINGS. All plumbing and fittings installed in connection with the gas system of the city, by any individual, firm or corporation must be inspected by the Utilities Superintendent or designated representative before the gas is turned on and within 48 hours after the plumbing connections are made the party making such repairs, additions, alterations or changes in the gas plumbing within any building within the city, must report the same to the Utilities Superintendent by giving the Utilities Superintendent or his designate representative a full report of each job done on a report blank furnished by the city stating what work has been done and installation, changes, and improvements made to all service connections within any building within the city, and also a report as to what fixtures have been replaced or repaired therein. (Code 1976, 18-214)
15-514. NO INTER-CONNECTIONS. No plumber, consumer or other person shall extend pipes from one property or street number to another one. (Code 1976, 18-215)
15-515. ACCESS FOR EMPLOYEES. The employees or designated representatives of the city shall have free access at any reasonable hour to all parts of any consumer’s premises for the purpose of making inspection and repairs and for reading meters. (Code 1976, 18-2 16)
15-516. INTERRUPTION OF SERVICE. The city reserves the right to shut off gas at any time for the purpose of making repairs or for any other reason and no claims for damages shall be made against the city on account of any such interruption of service. (Code 1976, 18-218)
15-517. NOTICE BY CONSUMER TO DISCONTINUE SERVICE. All customers shall give written notice at least two days in advance when they wish service to be discontinued, which notice shall be given to the City Clerk. (Code 1976, 18-219)
15-518. PROHIBITED ACTS. No person shall remove, obstruct, alter or injure any pipe, connection, valve, box, meter or in any way injure or damage any building, machinery, fixture, or appurtenance of the gas system of the city, or carry off or injure any pipe, tools, fixtures, supplies or apparatus, or other property appertaining to the gas system of the city. (Code 1976, 18-220)
15-519. UNAUTHORIZED TURNING ON GAS. If any person or person shall turn the gas on or cause same to be turned on upon any premises where gas may be shut off for any of the reasons herein provided, without authority from the Utilities Superintendent, he or she shall be deemed guilty of a violation of this article. (Code 1976, 18-221)
15-520. PERMIT FOR EXCAVATION. No person or persons, firm or corporation shall be permitted to make excavations in any street or alley within the corporate limits of the city for the purpose of laying pipes for gas service without first having secured a permit in writing to do so from the Utilities Superintendent except those who have legal right to do so. (Code 1976, 18-222)
15-521. Utilities Superintendent OR AGENT TURN ON GAS. No person, firm or corporation except the Utilities Superintendent or his or her authorized agent, shall turn on the gas into any building which is served by the city with gas. (Code 1976, 18-223)
15-522. DUTIES OF Utilities Superintendent. The Utilities Superintendent shall have general charge of the gas system. He or she shall direct the laying of pipes and services in the streets and alleys and public ground, the installation of meters and connections, the making of repairs and renewals and shall read, or cause to be read, the gas meters, as nearly as practical to do, at 30 day intervals. (Code 1976, 18-225)
15-523. GAS MAINS CONSTRUCTED, RECONSTRUCTED. All gas mains hereafter newly constructed or replaced shall have a diameter of at least one inch. All gas lateral supply lines newly constructed or replaced shall have a diameter of at least one inch. (Code 1976, 18-224)
524. CUSTOMER SERVICE CHARGE AND RATES.
a) There is hereby established a monthly customer service charge, such charge to be based on the sizes of the gas meters, which sizes shall correspond with meter manufacturer size numbers as follows:
Meter Manufacturer Size Number Range
Residential
Up to 299 $24.06
300 to 499 $26.06
Commercial
Up to 299 $37.56
300 to 499 $52.56
500 to 1999 $72.56
2000 to 3499 $82.56
3500 or more $107.56
b) The above Meter Manufacturer Size Numbers are calculated on the natural gas industry standard 4-ounce Base Pressure Measurement and are expressed in thousands of cubic feet per hour.
c) For each 100 cubic feet of gas delivered, or portion thereof, per month, each customer will be billed a charge of $0.03, plus a charge for the cost of gas delivered to the City, which cost will include the cost of gas, transportation costs, fees charged by contractors or suppliers, meter fees, and other costs related to the purchase and delivery of gas to the border station of the City of Lyons, Kansas.
d) Any increase, or decrease, in the cost of gas to the City of Lyons, Kansas will be reflected as quickly as is practical to do so in customer bills of the City of Lyons, Kansas.
e) For service to all customers outside the corporate limits of the City there shall be an additional monthly charge equal to the amount of the appropriate customer service charge based upon the size of the meter as set forth above.
f) The monthly customer service charge, and the charge of $0.03 per 100 cubic feet of gas, and the cost of gas rate. (Ordinance 1725)
CHAPTER XVI. PLANNING
Article 1. City Planning Commission
Article 2. Flood Plain Zoning
ARTICLE 1. CITY PLANNING COMMISSION
16-101. COMMISSION ESTABLISHED. Under the authority of K.S.A. 12-701 there is hereby created a “Planning Commission” for the City of Lyons. (Code 1976, 19-1(11; Code 1989)
16-102. MEMBERSHIP. The Planning Commission shall consist of 12 members, two of whom shall reside outside the city limits and within a limit of three miles from the city limits. The members of the Planning Commission shall be appointed by the Mayor with the approval of the City Council. The members of the commission first appointed shall serve respectively for terms of one year, two years, and three years, divided equally or as nearly equal as possible between these terms as one, two and three years. Thereafter members shall be appointed for terms of three years each. Vacancies shall be tilled by appointment for the unexpired term only. Members of the commission shall serve without compensation for their service. (K.S.A. 12-702; Code 1976, 19-102; Code 1989)
16-103. POWERS, DUTIES. The powers and duties of the Planning Commission shall be as established by the Kansas Statutes Annotated. (Code 1976, 19-104; Code 1989)
16-104. ORGANIZATION; MEETINGS, QUORUM; RECORDS. The members of the city Planning Commission shall meet within two weeks following their appointment and organize by selection of one of their members a chairperson and one as vice-chairperson, who shall serve one year and until his or her successor has been selected and qualified. The city Planning Commission shall meet thereafter at least once each month at such time and place as it may fix by resolution. Special meetings may be called by the chairperson or in his or her absence by the vice-chairperson. A majority of such commission shall constitute a quorum for the transaction of business. The commission shall cause a proper record to be kept of all the proceedings. (K.S.A. 12-703; Code 1976, 19-103; Code 1989)
16-105. COMPENSATION. All members of the commission shall serve without compensation, but they may be reimbursed for their expenses actually incurred in the performance of their duties. (K.S.A. 12-702; Code 1989)
16-106. REMOVAL OF MEMBERS. No member of the commission shall be removed during his or her term of office, except for cause, and after a hearing held before the Governing Body by whom he or she was appointed, or in case of disqualification by moving out of the city, or by moving out of the area represented by him or her on the Planning Commission. (Code 1989)
ARTICLE 2. FLOODPLAIN MANAGEMENT
16-201. STATUTORY AUTHORIZATION. The legislature of the State of Kansas has in
K.S.A. 12-741 et seq., specifically K.S.A. 12-766, delegated the responsibility to local
governmental units to adopt regulations designed to protect the health, safety and general
welfare.
16-202. FINDINGS OF FACT
a. Flood Losses Resulting from Periodic Inundation
The special flood hazard areas of Lyons, Kansas are subject to inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base; all of which adversely affect the public health, safety and general welfare.
b. General Causes of the Flood Losses
These flood losses are caused by: (1) The cumulative effect of obstructions in
floodways causing increases in flood heights and velocities, (2) The occupancy of
flood areas by uses vulnerable to floods or hazardous to others, which are
inadequately elevated or otherwise unprotected from flood damages.
c. Methods Used To Analyze Flood Hazards
The Flood Insurance Study (FIS) that is the basis of this article uses a standard engineering method of analyzing flood hazards, which consist of a series of interrelated steps.
(1) Selection of a base flood that is based upon engineering calculations, which permit a consideration of such flood factors as its expected frequency of occurrence, the area inundated, and the depth of inundation. The base flood selected for this article is representative of large floods, which are characteristic of what can be expected to occur on the particular streams subject to this article. It is the general order of a flood which could be expected to have a one percent chance of occurrence in any one year as delineated on the Federal Insurance Administrator's FIS, and illustrative materials dated 18 March 2008 as amended, and any future revisions thereto.
(2) Calculation of water surface profiles that are based on a standard hydraulic engineering analysis of the capacity of the stream channel and overbank areas to convey the regulatory flood.
16-203. STATEMENT OF PURPOSE. It is the purpose of this article to promote the public
health, safety, and general welfare; to minimize those losses described in Article 1,
Section B (1); to establish or maintain the community’s eligibility for participation in the National Flood Insurance Program (NFIP) as defined in 44 Code of Federal Regulations (CFR) 59.22 (a) (3); and to meet the requirements of 44 CFR 60.3 (c) by applying the provisions of this article to:
a. Restrict or prohibit uses that are dangerous to health, safety, or property in times of
flooding or cause undue increases in flood heights or velocities;
b. Require uses vulnerable to floods, including public facilities that serve such uses, be
provided with flood protection at the time of initial construction; and
c. Protect individuals from buying lands that are unsuited for the intended development
purposes due to the flood hazard.
16-204. GENERAL PROVISIONS
a. LANDS TO WHICH ARTICLE APPLIES. This article shall apply to all
lands within the jurisdiction of the City of Lyons identified as unnumbered and numbered A zones, AE, AO, and AH Zones, on the Flood Insurance Rate Map (FIRM) dated 18 March 1998 as amended, and any future revisions thereto. In all areas covered by this article, no development shall be permitted except through the issuance of a floodplain development permit, granted by the governing body or its duly designated representative under such safeguards and restrictions as the governing body or the designated representative may reasonably impose for the promotion and maintenance of the general welfare, health of the inhabitants of the community, and as specifically noted in 16-203.
b. COMPLIANCE. No development located within the special flood hazard areas of
this community shall be located, extended, converted, or structurally altered without
full compliance with the terms of this article and other applicable regulations.
c. ABROGATION AND GREATER RESTRICTIONS. It is not intended by this
article to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this article imposes greater restrictions, the provisions of this article shall prevail. All other ordinances inconsistent with this article are hereby repealed to the extent of the inconsistency only.
d. INTERPRETATION. In their interpretation and application, the provisions of this
article shall be held to be minimum requirements, shall be liberally construed in favor of the governing body, and shall not be deemed a limitation or repeal of any other powers granted by State statutes.
e. WARNING AND DISCLAIMER OF LIABILITY. The degree of flood protection
required by this article is considered reasonable for regulatory purposes and is based on engineering and scientific methods of study. Larger floods may occur on rare occasions or the flood heights may be increased by man-made or natural causes, such as ice jams and bridge openings restricted by debris. This article does not imply that areas outside the floodplain or land uses permitted within such areas will be free from flooding or flood damage. This article shall not create a liability on the part of City of Lyons, any officer or employee thereof, for any flood damages that may result from reliance on this article or any administrative decision lawfully made there under.
f. SEVERABILITY. If any section; clause; provision; or portion of this article is
adjudged unconstitutional or invalid by a court of appropriate jurisdiction, the
remainder of this article shall not be affected thereby.
16-205. ADMINISTRATION
a. FLOODPLAIN DEVELOPMENT PERMIT. A floodplain development permit shall
be required for all proposed construction or other development, including the
placement of manufactured homes, in the areas described in 16-204. No person, firm,
corporation, or unit of government shall initiate any development or substantial-
improvement or cause the same to be done without first obtaining a separate floodplain
development permit for each structure or other development.
b. DESIGNATION OF FLOODPLAIN ADMINISTRATOR. The City Administrator
shall be appointed to as Floodplain Manager by resolution of the Governing Body. During temporary absence or disability of the City Administrator, the Governing Body of the City shall designate an acting enforcement official. The City Administrator is authorized and directed to implement all the provisions of this Article and all Ordinances of the City of Lyons now in force or hereafter adopted, relating to floodplain management, zoning, subdivisions or building codes.
c. DUTIES AND RESPONSIBILITIES OF FLOODPLAIN ADMINISTRATOR. Duties
of the Floodplain Administrator shall include, but not be limited to:
1. Review of all applications for floodplain development permits to assure that sites are
reasonably safe from flooding and that the floodplain development permit
requirements of this article have been satisfied;
2. Review of all applications for floodplain development permits for proposed
development to assure that all necessary permits have been obtained from Federal,
State, or local governmental agencies from which prior approval is required by
Federal, State, or local law;
3. Review all subdivision proposals and other proposed new development, including manufactured home parks or subdivisions, to determine whether such proposals will be reasonably safe from flooding;
4. Issue floodplain development permits for all approved applications;
5. Notify adjacent communities and the Division of Water Resources, Kansas Department of Agriculture prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency (FEMA);
6. Assure that the flood-carrying capacity is not diminished and shall be maintained within the altered or relocated portion of any watercourse; and
7. Verify and maintain a record of the actual elevation (in relation to mean sea level) of the lowest floor, including basement, of all new or substantially improved structures;
8. Verify and maintain a record of the actual elevation (in relation to mean sea level) that the new or substantially improved non-residential structures have been floodproofed;
9. When floodproofing techniques are utilized for a particular non-residential structure, the City of Lyons Floodplain Administrator shall require certification from a registered professional engineer or architect.
d. APPLICATION FOR FLOODPLAIN DEVELOPMENT PERMIT. To obtain a floodplain development permit, the applicant shall first file an application in writing on a form furnished for that purpose. Every floodplain development permit application shall.
1. Describe the land on which the proposed work is to be done by lot, block and tract,
house and street address, or similar description that will readily identify and
specifically locate the proposed structure or work;
2. Identify and describe the work to be covered by the floodplain development permit;
3. Indicate the use or occupancy for which the proposed work is intended;
4. Indicate the assessed value of the structure and the fair market value of the
improvement;
5. Identify the existing base flood elevation and the elevation of the proposed
development;
6. Give such other information as reasonably may be required by the Floodplain
Administrator;
7. Be accompanied by plans and specifications for proposed construction; and
8. Be signed by the permittee or his authorized agent who may be required to submit
evidence to indicate such authority.
16-206. PROVISIONS FOR FLOOD HAZARD REDUCTION
a. GENERAL STANDARDS
1. No permit for floodplain development shall be granted for new construction, substantial-improvements, and other improvements, including the placement of manufactured homes, within any unnumbered or numbered A zones, AE, AO, and AH zones, unless the conditions of this section are satisfied.
2. All areas identified as unnumbered A zones on the FIRM are subject to inundation of the 100-year flood; however, the base flood elevation is not provided. Development within unnumbered A zones is subject to all provisions of this article. If Flood Insurance Study (FIS) data is not available, the community shall obtain, review, and reasonably utilize any base flood elevation or floodway data currently available from Federal, State, or other sources.
3. Until a floodway is designated, no new construction, substantial-improvements, or other development, including fill, shall be permitted within any numbered A zone or AE zone on the FIRM, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the community.
4. All new construction, subdivision proposals, substantial-improvements, prefabricated structures, placement of manufactured homes, and other developments shall require:
(a) Design or adequate anchorage to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy;
(b) Construction with materials resistant to flood damage;
(c) Utilization of methods and practices that minimize flood damages;
(d) All electrical, heating, ventilation, plumbing, air-conditioning equipment, and other service facilities be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding;
(e) New or replacement water supply systems and/or sanitary sewage systems be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters, and on-site waste disposal systems be located so as to avoid impairment or contamination from them during flooding; and
(f) Subdivision proposals and other proposed new development, including manufactured home parks or subdivisions, located within special flood hazard areas are required to assure that:
(1) All such proposals are consistent with the need to minimize flood damage;
(2) All public utilities and facilities, such as sewer, gas, electrical, and water
systems are located and constructed to minimize or eliminate flood
damage;
(3) Adequate drainage is provided so as to reduce exposure to flood hazards; and
(4) All proposals for development, including proposals for manufactured home parks and subdivisions, greater than five (5) acres or fifty (50) lots, whichever is lesser, include within such proposals base flood elevation data.
5. Storage, Material, and Equipment.
(a) The storage or processing of materials within the special flood hazard area that are in time of flooding buoyant, flammable, explosive, or could be injurious to human, animal, or plant life is prohibited.
(b) Storage of other material or equipment may be allowed if not subject to major damage by floods, if firmly anchored to prevent flotation, or if readily removable from the area within the time available after a flood warning.
6. Agricultural Structures. Structures used solely for agricultural purposes in connection
with the production, harvesting, storage, drying, or raising of agricultural commodities, including the raising of livestock, may be constructed at-grade and wet-floodproofed provided there is no human habitation or occupancy of the structure; the structure is of single-wall design; there is no permanent retail, wholesale, or manufacturing use included in the structure; a variance has been granted from the floodplain management requirements of this article; and a floodplain development permit has been issued.
7. Nonconforming Structure Use. A structure, or the use of a structure or premises that
was lawful before the passage or amendment of the article, but which is not in
conformity with the provisions of this article, may be continued subject to the
following conditions:
(a) If such structure, use, or utility service is discontinued for six (6) consecutive months, any future use of the building shall conform to this article.
(b) If any nonconforming use or structure is destroyed by any means, including flood, it shall not be reconstructed if the cost is more than fifty (50) percent of the pre-damaged market value of the structure. This limitation does not include the cost of any alteration to comply with existing state or local health, sanitary, building, safety codes, regulations or the cost of any alteration of a structure listed on the National Register of Historic Places, the State Inventory of Historic Places, or local inventory of historic places upon determination.
8. Critical Facilities
(a) All new or substantially improved critical nonresidential facilities including, but not limited, to governmental buildings, police stations, fire stations, hospitals, orphanages, penal institutions, communication centers, water and sewer pumping stations, water and sewer treatment facilities, transportation maintenance facilities, places of public assembly, emergency aviation facilities, and schools are required to be protected from damage and loss of access as a result of the 500-year flood or the flood of record, whichever is higher. (Ordinance 1850)
(b) No critical facilities shall be constructed in any designated floodway, as determined from data available from other sources.
9. Hazardous Materials
All hazardous material storage and handling sites shall be located out of the special
flood hazard area.
10. Nonconforming Use
A structure, or the use of a structure or premises that was lawful before the
passage or amendment of the ordinance, but which is not in conformity with the
provisions of this ordinance, may be continued subject to the following conditions:
(a) If such structure, use, or utility service is discontinued for six (6) consecutive months, any future use of the building shall conform to this ordinance.
(b) If any nonconforming use or structure is destroyed by any means, including flood, it shall not be reconstructed if the cost is more than fifty (50) percent of the pre-damaged market value of the structure. This limitation does not include the cost of any alteration to comply with existing state or local health, sanitary, building, safety codes, regulations or the cost of any alteration of a structure listed on the National Register of Historic Places, the State Inventory of Historic Places, or local inventory of historic places upon determination.
11. Cumulative Improvement
A structure may be improved (remodeled or enlarged) without conforming to current requirements for elevation so long as the cumulative value of all work done within the last five calendar years does not exceed fifty (50) percent of the structure's current market value. If the cumulative value of the improvement exceeds fifty (50) percent of the structure's current market value, the structure must be brought into compliance with Article 4, Section B(1) which requires elevation of residential structures to or above the base flood elevation or the elevation/floodproofing of non-residential structures to or above the base flood elevation.
b. SPECIFIC STANDARDS
1. In all areas identified as unnumbered and numbered A zones, AE, and AH Zones,
where base flood elevation data have been provided, as set forth in Article 4,
Section A(2), the following provisions are required:
(a) Residential Construction: New construction or substantial-improvement of any residential structures, including manufactured homes, shall have the lowest floor, including basement, elevated a minimum of one (1) foot above base flood elevation. Mechanical and HVAC equipment servicing the building to be elevated or flood protected to same level as the lowest floor. The elevation of the lowest floor shall be certified by a licensed land surveyor or professional engineer. (Ordinance 1938)
(b) Non-Residential Construction: New construction or substantial-improvement of any commercial, industrial, or other non-residential structures, including manufactured homes, shall have the lowest floor, including basement, elevated a minimum of one (1) foot above the base flood elevation or, together with attendant utility and sanitary facilities, be floodproofed so that below the a level of one (1) foot above base flood elevation the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. Mechanical and HVAC equipment servicing the building to be elevated or flood protected to same level as the lowest floor. A registered professional engineer or architect shall certify that the standards of this subsection are satisfied. The elevation of the lowest floor shall be certified by a licensed land surveyor or professional engineer. Such certification shall be provided to the floodplain administrator as set forth in this Article. (Ordinance 1938).
(c) Require, for all new construction and substantial-improvements, that fully enclosed areas below lowest floor used solely for parking of vehicles, building access, or storage in an area other than a basement and that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria:
1) A minimum of two (2) openings having a total net area of not less than one
square inch for every square foot of enclosed area subject to flooding shall be provided; and
(2) The bottom of all opening shall be no higher than one (1) foot above grade. Openings may be equipped with screens, louvers, valves, or other coverings
or devices provided that they permit the automatic entry and exit of
floodwaters.
c. MANUFACTURED HOMES
1. All manufactured homes to be placed within all unnumbered and numbered A zones, AE, and AH zones, on the community's FIRM shall be required to be installed using methods and practices that minimize flood damage. For the purposes of this requirement, manufactured homes must be elevated and anchored to resist flotation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable State and local anchoring requirements for resisting wind forces.
2. Require manufactured homes that are placed or substantially improved within
unnumbered or numbered A zones, AE, and AH zones, on the community's FIRM
on sites:
(a) Outside of a manufactured home park or subdivision;
(b) In a new manufactured home park or subdivision;
(c) In an expansion to an existing manufactured home park or subdivision; or
(d) In an existing manufactured home park or subdivision on which a manufactured home has incurred substantial-damage as the result of a flood, be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated a minimum of one (1) foot above the base flood elevation and be securely attached to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. Mechanical and HVAC equipment servicing the building to be elevated or flood protected to same level as the lowest floor. The elevation of the lowest floor shall be certified by a licensed land surveyor or professional engineer. (Ordinance 1938)
3. Require that manufactured homes to be placed or substantially improved on sites in
an existing manufactured home park or subdivision within all unnumbered and
numbered A zones, AE and AH zones on the community's FIRM, that are not
subject to the provisions of 16-206 c.2., be elevated so that either:
(a) The lowest floor of the manufactured home, as well as attendant mechanical and HVAC equipment servicing the manufactured home, is a minimum of one (1) foot above the base flood level; or (Ordinance 1938)
(b) The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than thirty-six (36) inches in height above grade and be securely attached to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. The elevation of the lowest floor shall be certified by a licensed land surveyor or professional engineer.
d. AREAS OF SHALLOW FLOODING (AO and AH zones)
1. Located within the areas of special flood hazard as described in 16-204 are areas designated as AO zones. These areas have special flood hazards associated with base flood depths of one (1) to three (3) feet where a clearly defined channel does not exist and where the path of flooding is unpredictable and indeterminate. The following provisions apply:
(a) AO Zones
1) All new construction and substantial-improvements of residential structures,
including manufactured homes, shall have the lowest floor, including basement, elevated above the highest adjacent grade at least as high as the depth number specified in feet on the community's FIRM (at least two (2) feet if no depth number is specified).
(2) All new construction and substantial-improvements of any commercial,
industrial, or other non-residential structures, including manufactured homes,
shall have the lowest floor, including basement, elevated above the highest adjacent grade at least as high as the depth number specified in feet on the community FIRM (at least two (2) feet if no depth number is specified) or together with attendant utilities and sanitary facilities be completely floodproofed to that level so that the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.
2) Adequate drainage paths shall be required around structures on slopes, in order to guide floodwaters around and away from proposed structures.
(b) AH Zones
1) The specific standards for all areas of special flood hazard where base flood
elevation has been provided shall be required as set forth in 16-204,
Section B and Section C.
2) Adequate drainage paths shall be required around structures on slopes, in
order to guide floodwaters around and away from proposed structures.
e. FLOODWAY (as determined from data available from other sources). If a community determines there are areas of special flood hazard that may be defined as floodway, through the use of base flood elevation and floodway data available from a Federal, State, or other source, including data developed pursuant to 16-206, a.4.(f)(4), and determines this data is suitable as criteria for requiring that new construction, substantial improvements, or other development in Zone A, the community must meet the standards below:
1. Adopt a regulatory floodway based on the principle that the area chosen for the
regulatory floodway must be designed to carry the waters of the base flood without
increasing the water surface elevation of that flood more than one (1) foot at any
point.
2. Prohibit encroachments, including fill, new construction, substantial-improvements,
and other development within the adopted regulatory floodway unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels within the community during the occurrence of the base flood discharge.
f. RECREATIONAL VEHICLES. Require that recreational vehicles placed on sites within all unnumbered and numbered A Zones, AE, AH, and AO Zones on the community’s FIRM either:
1. Be on the site for fewer than 180 consecutive days, or
2. Be fully licensed and ready for highway use*; or
3. Meet the permitting, elevation, and anchoring requirements for manufactured homes of this article.
*A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick-disconnect type utilities and security devices, and has no permanently attached additions.
g. Accessory Structures
Structures used solely for parking and limited storage purposes, not attached to any other structure on the site, of limited investment value, and not larger than 400 square feet, may be constructed at-grade and wet-floodproofed provided there is no human habitation or occupancy of the structure; the structure is of single-wall design; a variance has been granted from the standard floodplain management requirements of this ordinance; and a floodplain development permit has been issued.
16-207. APPEAL BOARD
a. The Board of Zoning Appeals as established by the City of Lyons shall hear and decide appeals and requests for variances from floodplain management requirements of this article.
b. The Board of Zoning Appeals shall hear and decide appeals when it is alleged that there is an error in any requirement, decision, or determination made by the Floodplain Administrator in the enforcement or administration of this article.
c. Any person aggrieved by the decision of the Board of Zoning Appeals or any taxpayer may appeal such decision to the District Court as provided in K.S.A. 12-759 and 12-760.
16-208. FLOODPLAIN MANAGEMENT VARIANCE CRITERIA.
In passing upon such applications for variances, the City of Lyons Board of Zoning Appeals consider all technical data and evaluations, all relevant factors, standards specified in other sections of this article, and the following criteria:
a. The danger to life and property due to flood damage;
b. The danger that materials may be swept onto other lands to the injury of others;
c. The susceptibility of the proposed facility and its contents to flood damage and the
effect of such damage on the individual owner;
d. The importance of the services provided by the proposed facility to the community;
e. The necessity to the facility of a waterfront location, where applicable;
f. The availability of alternative locations, not subject to flood damage, for the proposed
use;
g. The compatibility of the proposed use with existing and anticipated development;
h. The relationship of the proposed use to the comprehensive plan and floodplain
management program for that area;
i. The safety of access to the property in times of flood for ordinary and emergency vehicles;
j. The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters, if applicable, expected at the site; and,
k. The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems; streets; and bridges.
209. CONDITIONS FOR APPROVING FLOODPLAIN MANAGEMENT
VARIANCES
a. Generally, variances may be issued for new construction and substantial-improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood elevation, providing items two (2) through six (6) below have been fully considered. As the lot size increases beyond the one-half acre, the technical justification required for issuing the variance increases.
b. Variances may be issued for the reconstruction, repair, rehabilitation, or restoration of structures listed on the National Register of Historic Places, the State Inventory of Historic Places, or local inventory of historic places upon determination provided the proposed activity will not preclude the structure’s continued historic designation and the variance is the minimum necessary to preserve the historic character and design of the structure.
c. Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
d. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
e. Variances shall only be issued upon (a) a showing of good and sufficient cause, (b) a determination that failure to grant the variance would result in exceptional hardship to the applicant, and (c) a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.
f. A community shall notify the applicant in writing over the signature of a community official that (1) the issuance of a variance to construct a structure below base flood elevation will result in increased premium rates for flood insurance up to amounts as high as $25.00 for $100.00 of insurance coverage and (2) such construction below the base flood elevation increases risks to life and property. Such notification shall be maintained with the record of all variance actions as required by this article.
16-210. CONDITIONS FOR APPROVING VARIANCES FOR AGRICULTURAL
STRUCTURES
Any variance granted for an agricultural structure shall be decided individually based on a case-by-case analysis of the building's unique circumstances. Variances granted shall meet the following conditions as well as those criteria and conditions set forth in Article 5, Sections D and E of this article.
In order to minimize flood damages during the 100-year flood and the threat to public health and safety, the following conditions shall be included for any variance issued for agricultural structures that are constructed at-grade and wet-floodproofed.
a. All agricultural structures considered for a variance from the floodplain management regulations of this article shall demonstrate that the varied structure is located in wide, expansive floodplain areas and no other alternate location outside of the special flood hazard area exists for the agricultural structure. Residential structures, such as farm houses, cannot be considered agricultural structures.
b. Use of the varied structures must be limited to agricultural purposes in zone A only as identified on the community's Flood Insurance Rate Map (FIRM).
c. For any new or substantially damaged agricultural structures, the exterior and interior building components and elements (i.e., foundation, wall framing, exterior and interior finishes, flooring, etc.) below the base flood elevation, must be built with flood-resistant materials in accordance with Article 4, Section A (4)(b) of this article.
d. The agricultural structures must be adequately anchored to prevent flotation, collapse, or lateral movement of the structures in accordance with Article 4, Section A (4)(a) of this article. All of the building's structural components must be capable of resisting specific flood-related forces including hydrostatic, buoyancy, and hydrodynamic and debris impact forces.
e. Any mechanical, electrical, or other utility equipment must be located above the base flood elevation or floodproofed so that they are contained within a watertight, floodproofed enclosure that is capable of resisting damage during flood conditions in accordance with Article 4, Section A (4)(d) of this article.
f. The agricultural structures must meet all National Flood Insurance Program (NFIP) opening requirements. The NFIP requires that enclosure or foundation walls, subject to the 100-year flood, contain openings that will permit the automatic entry and exit of floodwaters in accordance with Article 4, Section B (1)(c) of this article.
g. The agricultural structures must comply with the floodplain management floodway encroachment provisions of this article. No variances may be issued for agricultural structures within any designated floodway, if any increase in flood levels would result during the 100-year flood.
h. Major equipment, machinery, or other contents must be protected from any flood damage.
i. No disaster relief assistance under any program administered by any Federal agency shall be paid for any repair or restoration costs of the agricultural structures.
j. A community shall notify the applicant in writing over the signature of a community official that (1) the issuance of a variance to construct a structure below base flood level will result in increased premium rates for flood insurance up to amounts as high as $25.00 for $100.00 of insurance coverage and (2) such construction below the base flood level increases risks to life and property. Such notification shall be maintained with the record of all variance actions as required by this article.
k. Wet-floodproofing construction techniques must be reviewed and approved by the community and a registered professional engineer or architect prior to the issuance of any floodplain development permit for construction.
211. . CONDITIONS FOR APPROVING VARIANCES FOR ACCESSORY
STRUCTURES
Any variance granted for an accessory structure shall be decided individually based on a case-by-case analysis of the building's unique circumstances. Variances granted shall meet the following conditions as well as those criteria and conditions set forth in Article 5, Sections D and E of this ordinance.
In order to minimize flood damages during the 100-year flood and the threat to public health and safety, the following conditions shall be included for any variance issued for accessory structures that are constructed at-grade and wet-floodproofed.
1. Use of the accessory structures must be solely for parking and limited storage purposes in zone A only as identified on the community's Flood Insurance Rate Map (FIRM).
2. For any new or substantially damaged accessory structures, the exterior and interior building components and elements (i.e., foundation, wall framing, exterior and interior finishes, flooring, etc.) below the base flood elevation, must be built with flood-resistant materials in accordance with Article 4, Section A (4)(b) of this ordinance.
3. The accessory structures must be adequately anchored to prevent flotation, collapse, or lateral movement of the structure in accordance with Article 4, Section A (4)(a) of this ordinance. All of the building's structural components must be capable of resisting specific flood-related forces including hydrostatic, buoyancy, and hydrodynamic and debris impact forces.
4. Any mechanical, electrical, or other utility equipment must be located above the base flood elevation or floodproofed so that they are contained within a watertight, floodproofed enclosure that is capable of resisting damage during flood conditions in accordance with Article 4, Section A (4)(d) of this ordinance.
5. The accessory structures must meet all National Flood Insurance Program (NFIP) opening requirements. The NFIP requires that enclosure or foundation walls, subject to the 100-year flood, contain openings that will permit the automatic entry and exit of floodwaters in accordance with Article 4, Section B (1)(c) of this ordinance.
6. The accessory structures must comply with the floodplain management floodway encroachment provisions of Article 4, Section E of this ordinance. No variances may be issued for accessory structures within any designated floodway, if any increase in flood levels would result during the 100-year flood.
7. Equipment, machinery, or other contents must be protected from any flood damage.
8. No disaster relief assistance under any program administered by any Federal agency shall be paid for any repair or restoration costs of the accessory structures.
9. A community shall notify the applicant in writing over the signature of a community official that (1) the issuance of a variance to construct a structure below base flood elevation will result in increased premium rates for flood insurance up to amounts as high as $25.00 for $100.00 of insurance coverage and (2) such construction below the base flood elevation increases risks to life and property. Such notification shall be maintained with the record of all variance actions as required by this ordinance.
10. Wet-floodproofing construction techniques must be reviewed and approved by the community and registered professional engineer or architect prior to the issuance of any floodplain development permit for construction.
212. CONDITIONS FOR APPROVING VARIANCES FOR TEMPORARY
STRUCTURES
Any variance granted for a temporary structure shall be decided individually based on a case-by-case analysis of the building's unique circumstances. Variances granted shall meet the following conditions as well as those criteria and conditions set forth in Article 5, Sections D and E of this ordinance.
1. A temporary structure may be considered for location within the 100-year floodplain only when all of the following criteria are met:
(a) Use of the temporary structure is unique to the land to be developed and cannot be located outside of the floodplain nor meet the NFIP design standards;
(b) Denial of the temporary structure permit will create an undue hardship on the property owner;
(c) The community has adopted up-to-date NFIP and building regulations to direct placement and removal of the temporary structure; and,
(d) The community has sufficient staff to monitor the placement, use, and removal of the temporary structure throughout the duration of the permit.
2. Once all of the above conditions are met, an application for a special use permit must be made to the Planning Commission. The Planning shall consider all applications for special use permits in a flood zone for a temporary structure based on the following criteria:
(a) The placement of any temporary structure within the special flood hazard areas as shown on the community's adopted Federal Emergency Management Agency/National Flood Insurance Program map shall require an approved special use permit. The special use permit shall be valid for a period not to exceed 180 days.
(b) Special use permits applications, for a temporary structure to be located in special flood hazard areas, shall conform to the standard public hearing process prior to any community action on the permit request.
(c) An emergency plan for the removal of the temporary structure that includes specific removal criteria and time frames from the agency or firm responsible for providing the manpower, equipment, and the relocation and disconnection of all utilities shall be required as part of the special use permit application for the placement of any temporary structure.
(d) On or before the expiration of the end of the 180-day special use permit period, the temporary structure shall be removed from the site. All utilities, including water, sewer, communication, and electrical services shall be disconnected.
(e) To ensure the continuous mobility of the temporary structure for the duration of the permit, the temporary structure shall retain its wheels and tires, licenses, and towing appurtenance on the structures at all times.
(f) Under emergency flooding conditions, the temporary structure shall be removed immediately or as directed by the community and as specified in the emergency removal plan.
(g) Location of any temporary structure within any defined floodway, as determined from data available from other sources, requires the provision of a "no-rise" certificate by a registered professional engineer.
(h) Violation of or non-compliance with any of the stated conditions of the special use permit during the term thereof, shall make the permit subject to revocation by resolution of the governing body of the community. Issuance of permit revocation notice shall be made to the landowner, the occupant of the land, and to the general public.
(i) Any deviation from the approved site plan shall be deemed a violation of the special use permit approval and the uses allowed shall automatically be revoked. The subsequent use of the land shall be as it was prior to the special permit approval. In event of any violation, all permitted special uses shall be deemed a violation of this ordinance and shall be illegal, non-conforming uses and shall be summarily removed and abated.
(j) If the temporary structure is to be returned to its previously occupied site, the process for issuing a special use permit must be repeated in full. Any subsequent permit shall be valid for 180 days only.
16-213. PENALTIES FOR VIOLATION. Violation of the provisions of this article or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with granting of variances) shall constitute a misdemeanor. Any person who violates this article or fails to comply with any of its requirements shall, upon conviction thereof, be fined not more than $200, and in addition, shall pay all costs and expenses involved in the case. Each day such violation continues shall be considered a separate offense. Nothing herein contained shall prevent the City of Lyons or other appropriate authority from taking such other lawful action as is necessary to prevent or remedy any violation.
16-214. DEFINITIONS
Unless specifically defined below, words or phrases used in this article shall be interpreted so as to give them the same meaning they have in common usage and to give this article its most reasonable application.
"100-year Flood" see "base flood."
"Accessory Structure" means the same as "appurtenant structure."
"Actuarial Rates" see "risk premium rates."
"Administrator" means the Federal Insurance Administrator.
"Agency" means the Federal Emergency Management Agency (FEMA).
"Agricultural Commodities" means agricultural products and livestock.
"Agricultural Structure" means any structure used exclusively in connection with agricultural commodities such as crop production, harvesting, storage, drying, or the raising of livestock.
"Appeal" means a request for review of the Floodplain Administrator's interpretation of any provision of this article or a request for a variance.
"Appurtenant Structure" means a structure that is on the same parcel of property as the principle structure to be insured and the use of which is incidental to the use of the principal structure.
"Area of Shallow Flooding" means a designated AO or AH zone on a community's Flood Insurance Rate Map (FIRM) with a one percent or greater annual chance of flooding to an average depth of one (1) to three (3) feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.
"Area of Special Flood Hazard" is the land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year.
"Base Flood" means the flood having a one percent chance of being equaled or exceeded in any given year.
"Basement" means any area of the structure having its floor subgrade (below ground level) on all sides.
"Building" see "structure."
“Chief Engineer” means the chief engineer of the division of water resources, Kansas Department Of Agriculture.
"Chief Executive Officer" or "Chief Elected Official" means the official of the community who is charged with the authority to implement and administer laws, ordinances, and regulations for that community.
"Community" means any State or area or political subdivision thereof, which has authority to adopt and enforce floodplain management regulations for the areas within its jurisdiction.
"Development" means any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, levees, levee systems, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials.
"Elevated Building" means for insurance purposes, a non-basement building which has its lowest elevated floor raised above ground level by foundation walls, shear walls, posts, piers, pilings, or columns.
"Eligible Community" or "Participating Community" means a community for which the Administrator has authorized the sale of flood insurance under the National Flood Insurance Program (NFIP).
"Existing Construction" means for the purposes of determining rates, structures for which the "start of construction" commenced before the effective date of the FIRM or before January 1, 1975, for FIRMs effective before that date. "existing construction" may also be referred to as "existing structures."
"Existing Manufactured Home Park or Subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community.
"Expansion to an Existing Manufactured Home Park or Subdivision" means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).
"Flood" or "Flooding" means a general and temporary condition of partial or complete inundation of normally dry land areas from (1) the overflow of inland and/or (2) the unusual and rapid accumulation or runoff of surface waters from any source.
"Flood Elevation Determination" means a determination by the Administrator of the water surface elevations of the base flood, that is, the flood level that has a one percent or greater chance of occurrence in any given year.
"Flood Elevation Study" means an examination, evaluation and determination of flood hazards.
“Flood Hazard Map” means the document adopted by the governing body showing the limits of: (1) the floodplain; (2) the floodway; (3) streets; (4) stream channel; and (5) other geographic features.
"Flood Insurance Rate Map (FIRM)" means an official map of a community, on which the Administrator has delineated both the special flood hazard areas and the risk premium zones applicable to the community.
"Flood Insurance Study (FIS)" means an examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations.
"Floodplain" or "Flood-prone Area" means any land area susceptible to being inundated by water from any source (see "flooding").
"Floodplain Management" means the operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to emergency preparedness plans, flood control works, and floodplain management regulations.
"Floodplain Management Regulations" means zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as floodplain and grading ordinances) and other applications of police power. The term describes such state or local regulations, in any combination thereof, that provide standards for the purpose of flood damage prevention and reduction.
"Floodproofing" means any combination of structural and nonstructural additions, changes, or adjustments to structures that reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, or structures and their contents.
"Floodway" or "Regulatory Floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.
"Freeboard" means a factor of safety usually expressed in feet above a flood level for purposes of floodplain management. "Freeboard" tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway, as determined from data available from other sources, conditions, such as bridge openings and the hydrological effect of urbanization of the watershed.
"Functionally Dependent Use" means a use that cannot perform its intended purpose unless it is located or carried out in close proximity to water. This term includes only docking facilities and facilities that are necessary for the loading and unloading of cargo or passengers, but does not include long-term storage or related manufacturing facilities.
"Highest Adjacent Grade" means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
"Historic Structure" means any structure that is (a) listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; (b) certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; (c) individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or (d) individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either (1) by an approved state program as determined by the Secretary of the Interior or (2) directly by the Secretary of the Interior in states without approved programs.
"Lowest Floor" means the lowest floor of the lowest enclosed area, including basement. An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access, or storage, in an area other than a basement area, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable floodproofing design requirements of this article.
"Manufactured Home" means a structure, transportable in one or more sections, that is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a "recreational vehicle."
"Manufactured Home Park or Subdivision" means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.
"Map" means the Flood Hazard Boundary Map (FHBM), Flood Insurance Rate Map (FIRM), or the Flood Boundary and Floodway Map (FBFM) for a community issued by the Federal Emergency Management Agency (FEMA).
"Market Value" or "Fair Market Value" means an estimate of what is fair, economic, just and equitable value under normal local market conditions.
"Mean Sea Level" means, for purposes of the National Flood Insurance Program (NFIP), the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community's Flood Insurance Rate Map (FIRM) are referenced.
"New Construction" means, for the purposes of determining insurance rates, structures for which the "start of construction" commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. For floodplain management purposes, "new construction" means structures for which the "start of construction" commenced on or after the effective date of the floodplain management regulations adopted by a community and includes any subsequent improvements to such structures.
"New Manufactured Home Park or Subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lot on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by the community.
"(NFIP)" means the National Flood Insurance Program (NFIP).
"Participating Community" also known as an "eligible community," means a community in which the Administrator has authorized the sale of flood insurance.
“Permit” means a signed document from a designated community official authorizing development in a floodplain, including all necessary supporting documentation such as: (1) the site plan; (2) an elevation certificate; and (3) any other necessary or applicable approvals or authorizations from local, state or federal authorities.
"Person" includes any individual or group of individuals, corporation, partnership, association, or any other entity, including Federal, State, and local governments and agencies.
"Principally Above Ground" means that at least 51 percent of the actual cash value of the structure, less land value, is above ground.
"Recreational Vehicle" means a vehicle which is (a) built on a single chassis; (b) 400 square feet or less when measured at the largest horizontal projections; (c) designed to be self-propelled or permanently towable by a light- duty truck; and (d) designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
"Remedy A Violation" means to bring the structure or other development into compliance with Federal, State, or local floodplain management regulations; or, if this is not possible, to reduce the impacts of its noncompliance.
"Risk Premium Rates" means those rates established by the Administrator pursuant to individual community studies and investigations, which are undertaken to provide flood insurance in accordance with Section 1307 of the National Flood Disaster Protection Act of 1973 and the accepted actuarial principles. "Risk premium rates" include provisions for operating costs and allowances.
"Special Flood Hazard Area" see "area of special flood hazard."
"Special Hazard Area" means an area having special flood hazards and shown on an FHBM, FIRM or FBFM as zones (unnumbered or numbered) A, AO, AE, or AH.
"Start of Construction" includes substantial-improvements, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition placement, or other improvements were within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slabs or footings, the installation of piles, the construction of columns, any work beyond the stage of excavation, or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling, the installation of streets and/or walkways, excavation for a basement, footings, piers, foundations, the erection of temporary forms, nor installation on the property of accessory structures, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial-improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
"State Coordinating Agency" means that agency of the state government, or other office designated by the governor of the state or by state statute at the request of the Administrator to assist in the implementation of the National Flood Insurance Program (NFIP) in that state.
"Structure" means, for floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home. "Structure" for insurance purposes, means a walled and roofed building, other than a gas or liquid storage tank, that is principally above ground and affixed to a permanent site, as well as a manufactured home on a permanent foundation, or a travel trailer, without wheels on a permanent foundation. For the latter purpose, the term includes a building while in the course of construction, alteration or repair, but does not include building materials or supplies intended for use in such construction, alteration or repair, unless such materials or supplies are within an enclosed building on the premises.
"Substantial-Damage" means damage of any origin sustained by a structure whereby the cost of restoring the structure to pre-damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.
"Substantial-Improvement" means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before "start of construction" of the improvement. This term includes structures which have incurred "substantial-damage," regardless of the actual repair work performed. The term does not, however, include either (1) any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications that have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions, or (2) any alteration of a "historic structure," provided that the alteration will not preclude the structure's continued designation as a "historic structure."
"Temporary Structure" means a structure permitted in a district for a period not to exceed 180 days and is required to be removed upon the expiration of the permit period. Temporary structures may include recreational vehicles, temporary construction offices, or temporary business facilities used until permanent facilities can be constructed, but at no time shall it include manufactured homes used as residences.
"Variance" means a grant of relief by the community from the terms of a floodplain management regulation. Flood insurance requirements remain in place for any varied use or structure and cannot be varied by the community.
"Violation" means the failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required by this article is presumed to be in violation until such time as that documentation is provided.
"Water Surface Elevation" means the height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929 (or other datum where specified) of floods of various magnitudes and frequencies in the floodplain riverine areas.
(Ordinance 1812)
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