An ordinance is a law, statute, or regulation passed by a municipal government such as a city, or town that is a designated political subdivision of a state in which the municipality has been established.

The power of municipal governments to enact ordinances is derived from the state constitution or statues through the legislative grant of a municipal charter. The charter dictates how much power elected officials have to regulate actions within the municipality.

The City of Arma is "Home Rule". A municipality with Home Rule status can exercise any power and perform any function for local solutions and local issues, unless it is specifically prohibited from doing so by state law.

These are some of the ordinances that were previously made publicly available with the collections of pdfs on a previous website. Verify this information with City Hall as parts of this maybe outdated now. Looking forward to having current searchable ordinances on the City's new website.

Be sure to verify these ordinances are still in effect

Collection of previously published Arma Ordinances available End of 2021

  • 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 Arma, Kansas," and may be so cited. The Code may also be cited as the "Arma City Code." (Code 2007)

    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 Arma, Kansas.
    (b) Code - shall mean "The Code of the City of Arma, 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 Crawford 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 actor perform some duty, it shall be construed to authorize such department head or officer to designate, delegate and 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 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.
    (I) 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 a 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 2007)

    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 2007)

    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 2007)

    1-105

    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 2007)

    1-106

    PARENTHETICALAND REFERENCE MATTER. The matter in parenthesis at the ends of sections is for information only and is not a 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 2007)

    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 Arma is hereby 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 Arma 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 Arma is hereby repealed." (Code 2007)

    1-108

    ORDINANCES. The governing body shall have the care, management and control of the city and its finances, and shall pass all ordinances needed for the welfare of the city. 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. (K.S.A. 12-3002; Code 2007)

    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 2007)

    1-110

    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 2007)

    1-111

    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 2007)

    1-112

    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 2007)

    1-113

    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 and as provided in the state open records act and the city policy regarding open public records. (K.S.A. 12-120:121; Code 2007)

    1-114

    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 Arma to be misrepresented thereby. This restriction shall not apply to amendments or revisions of this code authorized by ordinance duly adopted by the governing body. (Code 2007)

    1-115

    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 1-116. Each day any violation of this code continues shall constitute a separate offense. (Code 2007)

    1-116

    GENERAL PENALTY. 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.
    (a) A fine of not more than $1,000; or,
    (b) Imprisonment in jail for not more than 179 days; or,
    (c) Both such fine and imprisonment not to exceed
    (a) and
    (b) above. (Code 2007)

    1-117

    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 2007)

    ARTICLE 2 - Governing Body

    1-201

    GOVERNING BODY. The governing body shall consist of a mayor and city council to be elected as set out in Chapter 6 of this code. (Code 2007)

    1-202

    SAME; POWERS GENERALLY. All powers exercised by cities of the third 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 2007)

    1-203

    SAME; MEETINGS,
    (a) Regular meetings of the governing body shall be held on the first Monday and third Monday of each month at 7:00 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 the succeeding day not observed as a holiday as a meeting day.
    (b) Special meetings may be called by the mayor or acting mayor, on the written request of any three members of the 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. (Ord. 483, Sees. 1:2; K.S.A. 15-106;Code 2007)

    1-204

    SAME; QUORUM. In all cases, it shall require a majority of the council men elect to constitute a quorum to do business. (Ord. 483, Sec. 3; K.S.A. 15-106; Code 2007)

    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. 15-301:302,305:306, 308:309; Code 2007)

    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 mayor, shall have the same privileges as other council members but shall exercise no veto. (K.S.A. 15-301:311; Code 2007)

    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 2007)

    1-208

    VACANCIES IN GOVERNING BODY; HOWFILLED. (Reserved)

    1-209

    COMPENSATION. Members of the governing body shall receive as compensation such amounts as may be fixed by ordinance. (Code 2007)

    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 2007)

    1-211

    INCORPORATING CODE OF PROCEDURE FOR KANSAS CITIES. There is hereby incorporated by reference for the purpose of establishing a code of procedure for the conduct of city council meetings of the City of Arma, Kansas, that certain code known as the "Code of Procedure for Kansas Cities," Edition of 2006, prepared and published in book form 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 Code of Procedure for Kansas Cities shall be marked or stamped "Official Copy as Incorporated by the Code of the City of Arma, Kansas," 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 section, and filed with the city clerk to be open to inspection and available to the public at all reasonable hours. (Code 2007)

    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 regard less of personal considerations, recognizing that the longterm public interest must be their primary concern. Their conduct in both their official and private affairs should be above reproach.
    (c) Dedicated 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 non pecuniary 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 2007)

    ARTICLE 3 - Governing Body

    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 clerk and city treasurer, and may appoint a city attorney, municipal judge, chief of police and such other officers as may be deemed necessary for the best interest of the city. Such officers shall hold their respective offices 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. 15-204; Code 2007)

    1-302

    EMPLOYEES. The mayor, with the approval of the city council shall have authority to hire all other employees, or such authority may be delegated to the respective department heads. (Code 2007)

    1-303

    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 mayor upon recommendation of the respective department heads.
    (d) No officer or employee shall be removed for any reason until he or she has been given notice and afforded the opportunity for a hearing. (K.S.A. 15-204; Code 2007)

    1-304

    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. (K.S.A. 15-209; Code 2007)

    1-305

    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 2007)

    1-306

    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 goods 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 2007)

    1-307

    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 2007)

    1-308

    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 2007)

    1-309

    ASSISTANT CITY CLERK,
    (a) The office of assistant city clerk is hereby established. The mayor shall appoint, by and with the consent of the city council, the assistant city clerk. The person so appointed and confirmed shall hold the office for a term of one year and until a successor is appointed and confirmed.
    (b) The assistant city clerk shall perform those duties assigned to that office by the city clerk.
    (c) Whenever a vacancy occurs in the position of city clerk and the city is without a person appointed, confirmed or qualified to hold that office, the assistant city clerk shall become the acting city clerk and fulfill the duties of that office.
    (d) Compensation of the assistant city clerk shall be set by ordinance passed by the governing body. (Code 2007)

    1-310

    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 an annual 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 2007)

    1-311

    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 when so directed to attend by 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 2007)

    1-312

    CITY PROSECUTOR; OFFICE; DUTIES,
    (a) There is hereby established the office of city prosecutor. No person shall be eligible for the office of city prosecutor who is not an attorney at law admitted to practice law in the State of Kansas. The city prosecutor shall: 1) Attend meetings of the governing body when so directed to attend by the mayor or city attorney; (2) Advise the city council and all officers of the city upon legal questions affecting the city and its officers as may be submitted to him or her; (3) Draft such ordinances and other instruments in writing as may be submitted to him or her in the regular transactions of the affairs of the city; (4) Appear and prosecute all violations of city ordinances in municipal court; (5) Perform such other duties as may be prescribed by the governing body and the Kansas statutes.
    (b) The governing body may appoint a city prosecutor in accordance with section 1-301. In the event that there is no city prosecutor, the city attorney shall serve in such capacity. (Code 2007)

    1-313

    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 2007)

    1-314

    APPOINTMENT OR EMPLOYMENT IN MORETHAN 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 2007)

    1-315

    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 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 a contract for or promise or expectation of any such salary, gratuity or other compensation or remuneration having a dollar value of $1,000 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 the 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 2007)

    ARTICLE 4 - Personnel Policy and Employee Benefits

    1-401

    PERSONNEL POLICIES AND GUIDELINES. There is hereby incorporated by reference for the purpose of establishing employee personnel rules and regulations the document entitled "Uniform Personnel Policies and Guidelines for the City of Arma." No fewer than three copies of said document shall be marked or stamped "Official Copy as adopted by the Code of the City of Arma" and which there shall be attached a copy of this section. Said official copies shall be filed with the city clerk and shall be open to inspection and available to the public at all reasonable hours. All departments of the city shall be supplied with copies of such rules and regulations as may be deemed necessary. (Code 2007)

    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 offices, take and subscribe an oath or affirmation as follows: Oath: "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." Affirmation: " I do solemnly, sincerely and truly declare and affirm that I will support the Constitution of the United States and of the State of Kansas and faithfully discharge the duties of (enter name of office or position). This I do under the pains and penalties of perjury. (K.S.A. 75-4308, 54-104, 54-106; Code 2007)

    1-502

    OATHS 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 2007)

    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: (1) City treasurer-$10,000; (2) City clerk-$10,000; (3) Clerk of municipal court- $1,000; (4) Judge of municipal court-$1,000.
    (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. (Code 2007)

    1-504

    SAME; PREMIUMS. All premiums on surety bonds shall be paid by the city. (K.S.A. 78-111; Code 2007)

    1-505

    CONDITION OF BONDS. Each of the bonds required in section 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 2007)

    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 2007)

    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 inspection 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 2007)

    1-602

    RECORD CUSTODIANS,
    (a) 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.
    (b) The official custodian shall prominently display or distribute or other wise make available to the public a brochure in the form prescribed by the Local Freedom of Information Officer that contains basic information about the rights of a requester, the responsibilities of a public agency, and the procedures for inspecting or obtaining a copy of public records under the Kansas Open Records Act. The official custodian shall display or distribute or otherwise make available to the public the brochure at one or more places in the administrative offices of the city where it is available to members of the public who request public information in person. (Code 2007)

    1-603

    LOCAL FREEDOM OF INFORMATION OFFICERS. The Local Freedom of Information Officer shall:
    (a) Prepare and provide educational materials and information concerning the Kansas Open Records Act;
    (b) be available to assist the city and members of the general public to resolve disputes relating the Kansas Open Records Act;
    (c) respond to inquiries relating to the Kansas Open Records Act;
    (d) establish the requirements for the content, size, shape and other physical characteristics of a brochure required to be displayed or distributed or otherwise made available to the public under the Kansas Open Records Act. In establishing such requirements for the content of the brochure, the Local Freedom of Information Officer shall include plainly written basic information about the rights of a requester, the responsibilities of the city, and the procedures for inspecting and obtaining a copy of public records under the Act. (Code 2007)

    1-604

    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 2007)

    1-605

    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 2007)

    1-606

    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 2007)

    1-607

    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 not 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 2006)

    1-608

    APPOINTMENT OF LOCAL FREEDOM OF INFORMATION OFFICER. is hereby appointed as the local freedom of information officer and charged with all of the duties as set forth in section 1-603. (Code 2007)

    1-609

    DESIGNATION OF ADDITIONAL RECORD CUSTODIANS,
    (a) Each of the official custodians appointed in section 1-607 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 2007)

    1-610

    REQUESTS TO BE DIRECTEDTO 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 record. 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 2007)

    1-611

    FEE ADMINISTRATION. The city clerk is hereby authorized to provide the clerk's office, and the office of each record custodian, with sufficient cash to enable the making of change for record fee purposes. Each custodian shall transmit all record fee moneys collected to the city treasurer not less than monthly. Each custodian shall maintain duplicates of all records and copy request forms, completed as to the amount of fee charged and collected, which amounts shall be periodically audited by the clerk-finance officer and treasurer of the city. (Code 2007)

    1-612

    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 $ per hour per employee engaged in the record search. A minimum charge of $ shall be charged for each such request. (Code 2007)

    1-613

    COPYING FEE.
    (a) A fee of $ 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 2007)

    1-614

    PREPAYMENT OF FEES,
    (a) A record custodian 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 record custodian, such fees are estimated to exceed $ .
    (c) Where prepayment has been demanded by the record custodian, no record shall be made available to the requester until such prepayment has been made. (Code 2007)

    1-615

    PAYMENT. All fees charged under this article shall be paid to the custodian of the records inspected and/or copied unless the requester has established an account, for purposes of billing and payment, with the city. (Code 2007)

    ARTICLE 7 - Investment of Public 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 2007)

    1-702

    ACTIVE FUNDS; DESIGNATION OF DEPOSITORIES; ELIGIBLE DEPOSITORIES,
    (a) The governing body shall designate the banks, savings and loan associations and savings banks which shall serve as depositories of its funds. The clerk, treasurer or other city officer or employee having the custody of city funds shall deposit such funds only at the designated banks, savings and loan associations and savings banks. Only banks, savings and loan associations and savings banks that have main or branch offices in Crawford County shall be designated as official depositories. No such bank, savings bank or savings and loan association shall be designated as a depository until the city is assured that it can obtain satisfactory security for its deposits.
    (b) The clerk, treasurer or other city officer or employee depositing public funds shall deposit all such public funds coming into such person's possession in their name and official title as such officer. If the governing body fails to designate an official depository or depositories, the officer thereof having custody of city funds shall deposit such funds with one or more banks, savings and loan associations or savings banks which have main or branch offices in Crawford County if satisfactory security can be obtained therefor and if not then elsewhere. In such event, the officer or employee shall serve notice in writing on the governing body showing the names and locations of such banks, savings and loan associations and savings banks where such funds are deposited, and upon so doing the officer or employee having custody of such funds shall not be liable for the loss of any portion thereof except for official misconduct or for the misappropriation of such funds by the officer or employee.
    (c) If eligible banks, savings and loan associations or savings banks under subsections
    (a) or
    (b) cannot or will not provide an acceptable bid, which shall include services, for the depositing of public funds under this section, then banks, savings and loan associations or savings banks which have main or branch offices in any immediately adjoining county may receive deposits of the city's active funds, if such banks, savings and loan associations or savings banks have been designated as official depositories under subsection
    (a) and the city can obtain satisfactory security therefor. (Code 2007)

    1-703

    DEFINITIONS. As used in this article the following words and phrases shall mean:
    (a) Bank - means any bank incorporated under the laws of the state of Kansas or any other state, or organized under the laws of the United States and which has a main or branch office in Kansas;
    (b) Savings and loan association - means any savings and loan association incorporated under the laws of the state of Kansas or any other state, organized under the laws of the United States and which has a main or branch office in Kansas;
    (c) Savings bank - means any savings bank organized under the laws of the United States and which has a main or branch office in Kansas;
    (d) Main office - means the place of business specified in the articles of association, certificate of authority or similar document, where the business of the institution is carried on and which is not a branch;
    (e) Branch - means any office within this state, other than the main office, that is approved as a branch by a federal or state supervisory agency, at which deposits are received, checks paid or money lent. Branch does not include an automated teller machine, remote service unit or similar device or a loan production office;
    (f) Investment rate- means a rate which is the equivalent yield for United States government securities having a maturity date as published in the Wall Street Journal, nearest the maturity date for equivalent maturities. The 0-90 day rate shall be computed on the average effective federal funds rate as published by the federal reserve system for the previous week. (Code 2007)

    1-704

    INVESTMENT OF IDLE FUNDS. Temporarily idle moneys of the city not currently needed, may in accordance with the procedure hereinafter described be invested:
    (a) In temporary notes or no-fund warrants issued by the city;
    (b) In time deposit, open accounts, certificates of deposit or time certificates of deposit with maturities of not more than two years: (1) In banks, savings and loan associations and savings banks, which have main or branch offices located in the city; or (2) If no main or branch office of a bank, savings and loan association or savings bank is located in the city, then in banks, savings and loan associations and savings banks, which have main or branch offices in the county or counties in which all or part of the city is located;
    (c) In repurchase agreements with: (1) Banks, savings and loan associations and savings banks, which have main or branch offices located in the city, for direct obligations of, or obligations that are insured as to principal and interest by, the United States government or any agency thereof; or (2)
    (a) If no main or branch office of a bank, savings and loan association or savings bank, is located in the city; or
    (b) If no such bank, savings and loan association or savings bank having a main or branch office located in the city is willing to enter into such an agreement with the city at an interest rate equal to or greater than the investment rate, as defined in subsection
    (g) of K.S.A. 12-1675a, and amendments thereto, then such repurchase agreements may be entered into with banks, savings and loan associations or savings banks which have main or branch offices in the county or counties in which all or part of the city is located; or (3) If no bank, savings and loan association or savings bank, having a main or branch office in such county or counties is willing to enter into such an agreement with the city at an interest rate equal to or greater than the investment rate, as defined in subsection
    (g) of K.S.A. 12-1675a, and amendments thereto, then such repurchase agreements may be entered into with banks, savings and loan associations or savings banks located within the State of Kansas;
    (d) In United States treasury bills or notes with maturities as the governing body shall determine, but not exceeding two years. Such investment transactions shall only be conducted with banks, savings and loan associations and savings banks; the federal reserve bank of Kansas City, Missouri; or with primary government securities dealers which report to the market report division of the federal reserve bank of New York, or any broker-dealer engaged in the business of selling government securities which is registered in compliance with the requirements of section 15 or 15C of the securities exchange act of 1934 and registered pursuant to K.S.A. 2005 Supp. 17-12a401, and amendments thereto;
    (e) In the municipal investment pool fund established in K.S.A. 12-1677a, and amendments thereto;
    (f) In the investments authorized and in accordance with the conditions prescribed in K.S.A. 12-1677b, and amendments thereto; or
    (g) In multiple municipal client investment pools managed by the trust departments of banks which have main or branch offices located in county or counties where city is located or with trust companies incorporated under the laws of this state which have contracted to provide trust services under the provisions of K.S.A. 9-2107, and amendments thereto, with banks which have main or branch offices located in the county or counties in which is located. Public moneys invested under this paragraph shall be secured in the same manner as provided for under K.S.A. 9-1402, and amendments thereto. Pooled investments of public moneys made by trust departments under this paragraph shall be subject to the same terms, conditions and limitations as are applicable to the municipal investment pool established by K.S.A. 12-1677a, and amendments thereto.
    (h) The investments authorized in subsections
    (d),
    (e),
    (f) or
    (g) of this section shall be utilized only if the banks, savings and loan associations and savings banks eligible for investments authorized in subsection
    (b), cannot or will not make the investments authorized in subsection
    (b) available to the city at interest rates equal to or greater than the investment rate, as defined in subsection
    (g) of K.S.A. 12-1675a, and amendments thereto. (i) In selecting a depository pursuant to subsection
    (b), if a bank, savings and loan association or savings bank eligible for an investment deposit there under has an office located in the city and such financial institution will make such deposits available to the city at interest rates equal to or greater than the investment rate, as defined in subsection
    (g) of K.S.A. 12-1675a, and amendments thereto, and such financial institution otherwise qualifies for such deposit, the governing body shall select one or more of such eligible financial institutions for deposit of funds pursuant to this section. If no such financial institution qualifies for such deposits, the city shall select for such deposits one or more eligible banks, savings and loan associations or savings banks which have offices in the county or counties in which all or a part of the city is located which will make such deposits available to the city at interest rates equal to or greater than the investment rate, as defined in subsection
    (g) of K.S.A. 12-1675a, and amendments thereto, and which otherwise qualify for such deposits. (Code 2007)

    1-705

    PROCEDURESAND RESTRICTIONS. The city clerk shall periodically report to the governing body as to the amount of money available for investment and the period of time such amounts will be available for investment, and shall submit such recommendations as deemed necessary for the efficient and safe management of city finances. The recommendations of the city clerk shall provide for an investment program which shall so limit the amounts invested and shall schedule the maturities of investments so that the city will, at all times, have sufficient moneys available on demand deposit to assure prompt payment of all city obligations. (Code 2007)

    1-706

    CUSTODY AND SAFEKEEPING. Securities purchased pursuant to this article shall be under the care of the , and and shall be held in the custody of a state or national bank or trust company, or shall be kept by such officers in a safety deposit box of the city in a bank or trust company. Securities in the original or receipt form held in the custody of a bank or trust company shall be held in the name of the city, and their redemption, transfer, or withdrawal shall be permitted only upon the written instruction of the city officers. Securities not held in the custody of a bank or trust company shall be personally deposited by such officer in a safety deposit box in the name of the city in a bank or trust company, access to which shall be permitted only in the personal presence and under the signature of two of the above mentioned officers. (Code 2007)

    1-707

    SALE OR TRANSFER. If, in order to maintain sufficient moneys on demand deposit in any fund as provided in 1-705, it becomes necessary to transfer or sell any securities of such funds, the officers specified in Section 6 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 2007)

    1-708

    INTEREST ON TIME DEPOSITS. The city clerk shall deposit the interest earned on invested idle funds to the general fund, unless otherwise required or authorized by law. (Code 2007)

  • ARTICLE 1 - Dogs

    2-101

    DOG LICENSING. It shall be unlawful for any person, firm or corporation to own, keep or harbor any dog within the corporate limits of the City of Arma without first having obtained a tag from the City Clerk and without having paid the yearly registration fee, to-wit:
    (a) Neutered male or spayed female dog, the sum of $10.00, proof thereof to be made at time of obtaining license;
    (b) Fertile male or female dog, the sum of $15.00. Such registration shall expire December 31, each year and licensing shall commence January of each year. If the dog is born or brought into the City after May 1 of the calendar year, the registration fee shall be half. It shall be the duty of the owner or person harboring a dog within the corporate limits of the City of Arma to have said dog inoculated against rabies. Persons owning or harboring a dog shall not be issued a license or tag as provided herein, unless the applicant exhibits an unexpired certificate by a licensed veterinarian showing compliance with the provisions of this section. The metal plate or tag issued by the City Clerk for the current year for such dog, shall be deemed to have been inoculated for rabies. (Ord. 542; Code 2007)

    2-102

    PENALTY. The registration fee shall be increased $10.00 on the first day of April each year; and an additional $10.00 on the first day of June each year, the total registration fee including penalty shall be as follows:
    (a) After April 1st- $20.00 on a neutered male or spayed female dog;
    (b) After April 1st - $25.00 on a fertile male or female dog;
    (c) After June 1st- $30.00 on a neutered male or spayed female dog;
    (d) After June 1st- $35.00 on a fertile male or female dog; to any person, firm or corporation who failed to register any dog; provided, that any person, firm or corporation who or which acquires a dog after the first day of April each year shall not be subject to the increased license fee as provided in this section and shall pay only the yearly fee otherwise required upon furnishing the City Clerk an affidavit showing the date on which such dogs were born or brought into the City. (Ord. 542, Sec. 1A;Code2007)

    2-103

    LICENSETAXTO BE COLLECTED. Said license tax shall be paid to the City Clerk and they shall keep a record thereof and issue a receipt therefore giving the date of payment, a description of the dog and the name of the person paying such tax. On receipt of the payment of the license tax for any dog, the City Clerk shall deliver to the person paying such tax a metal plate or tag on which shall be stamped the year for which the license tax has been paid, and the number of the receipt for the license tax. The City Clerk shall authorize the Chief of Police to collect said license tax and furnish a metal tag on impounded dogs and from owners of dogs in answer to a complaint. (Ord. 542, Sec. 1B; Code 2007)

    2-104

    IMPOUNDING DOGS. Any dog owned, kept or harbored within the City on which the license tax has not been paid, or which is running at large as set out in Item G may betaken up by the Police Department, Police Chief or any police officer or animal control officer and impounded for three days following the day of impounding such dog, during which time such dog may be released if the owner thereof pays license taxes and penalties that may be due, a redemption fee of $20.00 and the cost of keeping the dog. (Ord. 542, Sec. 1C; Code 2007)

    2-105

    COST OF IMPOUNDING DOGS. Any owner of a dog so impounded under this ordinance shall be required to pay $2.50 per day as cost of keeping such dog as well as the license taxes, penalties and redemption fee asset forth in section 2-104. (Ord. 542, Sec. 1C; Code 2007) n

    2-106

    DISPOSAL OF IMPOUNDED DOGS,
    (a) Any impounded dog not redeemed as herein before provided shall be transported to the Southeast Kansas Humane Society or if deemed appropriate, to the designated veterinarian by either the Chief of Police or the animal control officer three days following the day said dog has been impounded. The Chief of Police may authorize the dog to be euthanized.
    (b) If after 3 days, no claim of ownership has been made of the impounded dog, and if no knowledge of the owner exists, then the City may consent to the adoption of the dog and upon payment of the adoption fee of $25.00 plus costs of care including, but not limited to, veterinary charges and daily care, on the following conditions:
    (1) Such dog has been first surgically spayed or neutered; or
    (2) The adopting party signs an agreement to have the dog spayed or neutered and a $50.00 sterilization deposit with the City, pound, or animal shelter to ensure that the dog will be sterilized. The $50.00 sterilization deposit pursuant to the agreement shall be refunded to the adopting party upon presentation be refunded to the adopting party upon presentation of a written statement signed by a licensed veterinarian that the adopted dog has been spayed or neutered;
    (3) Current rabies vaccine is obtained;
    (4) Current license tag obtained and fees paid. (Ord. 542, Sec. 1E; Code 2007)

    2-107

    IMPOUNDING OF DOGS RUNNING AT LARGE. Any dog found running at large in violation of Item G shall be impounded by the Chief of Police. Such dog may be redeemed by the owner, keeper or harborer thereof at any time within three days following the day of impounding such dog, upon payment of a redemption fee of $10.00 and the costs of keeping said dog. Any dog not redeemed within 72 hours may be disposed of as provided in section 2-106 hereof. In addition, a current tag and rabies vaccine must be obtained or proof thereof provided before the animal will be released. (Ord. 542, Sec. 1F; Code 2007)

    2-108

    DOGS RUNNING AT LARGE. It shall be unlawful for the owner, keeper or harborer of any dogs to permit said dog off of the premises of such owner, keeper or harborer, unless such dog is accompanied by a responsible person or under that person's immediate control. (Ord. 542, Sec. 1G; Code 2007)

    2-109

    DISPOSITION OF TAXES, FEES AND PENALTIES. All license taxes, fees and penalties shall be paid into the City Treasury. (Ord. 542, Sec. 1H; Code 2007)

    2-110

    BARKING DOGS. No person shall own, keep or harbor any dog which by loud, frequent and habitual barking, howling or yelping shall annoy or disturb any neighborhood or person in the City. (Ord. 542, Sec. 11; Code 2007)

    2-111

    KEEPINGAND HARBORING DOGS; DEFINED. Any person who shall allow any dog to habitually remain or to lodge or to be fed within his home, store, yard, enclosure or place shall be deemed and considered as keeping and harboring said dog within the meaning of this code. (Ord. 542, Sec. 1J; Code 2007)

    2-112

    PENALTY. Any person violating any of the provisions of this ordinance shall be deemed guilty of an unclassified misdemeanor and, upon conviction, shall be fined in any sum not exceeding five hundred ($500.00) dollars and sentenced to not more than 30 days in jail, or both. (Ord. 542, Sec. 1K; Code 2007)

    ARTICLE 1 - Pit Bull Dogs

    2-201

    ANIMALS; KEEPING PROHIBITED. It shall be unlawful to keep, harbor, or own or in anyway possess within the corporate limits of the City of Arma, Kansas:
    (a) Any warm-blooded, carnivorous or omnivorous, wild or exotic animal (including, but not limited to, non-human primates, raccoons, skunks, foxes and wild and exotic cats).
    (b) Any animal having poisonous bites.
    (c) Any pit bull dog; provided, that pit bull dogs registered with the City on the date of Publication of Ordinance #504 may be kept within the City subject to the standards and requirements set forth in Section II, Item B of this ordinance. "Pitbull dog" is defined to mean: (1) The Staffordshire bull terrier of dog; (2) The American pit bull terrier of dog; (3) The American Stafforshire terrier breed of dog; (4) Any dog which has the appearance and characteristics of being predominantly of the breeds of Staffordshire bull terrier, American pit bull terrier, American Staffordshire terrier; or a combination of any of these breeds. (Ord. 542, Sec. 2A; Code 2007)

    2-202

    KEEPING OF REGISTERED PIT BULLS. The provisions of section 2-102 of this ordinance are not applicable to owners, keepers or harborers of pit bull dogs registered with the City of Arma, Kansas as of adoption and publication of Ordinance #54. The keeping of such dogs, however, shall be subject to the following standards:
    (a) Leash and Muzzle: No person shall permit a registered pit bull dog to go outside its kennel or pen unless such dog is securely leashed with a leash no longer than four feet in length. No person shall permit a pit bull dog to be kept on a chain, rope or other type of leash outside its kennel or pen unless a person is in physical control of the leash. Such dogs may not be leashed to inanimate objects such as trees, posts, buildings, etc. In addition, all pit bull dogs on a leash outside the animal's kennel must be muzzled by a muzzling device sufficient to prevent such dog from biting persons or other animals.
    (b) Confinement: All registered pit bull dogs shall be securely confined indoors or in a securely enclosed and locked pen or kennel, except when leashed and muzzled as above provided. Such pen, kennel or structure must have secure sides and a secure top attached to the sides. All structures used to confine registered pit bull dogs must be locked with a key or combination lock when such animals are within the structure. Such structure must have a secure bottom or floor attached to the sides of the pen or the sides of the pen must be embedded in the ground no less than two feet. All structures erected to house pit bull dogs must comply with all zoning and building regulations of the city. All such structures must be adequately lighted and ventilated and kept in a clean and sanitary condition.
    (c) Confinement Indoors: No pit bull dog may be kept on a porch or patio or in any part of a house or structure that would allow the dog to exit such building on its own volition. In addition, no such animal may be kept in a house or structure when the windows are open or when screen windows or screen doors are the only obstacle preventing the dog from exiting the structure.
    (d) Signs: All owners, keepers or harborers of registered pit bull dogs within the City shall within 10 days of the effective date of Ordinance #504 display in a prominent place on their premises a sign easily readable by the public using the words "Beware of Dog." In addition, a similar sign is required to be posted on the kennel or pen of such animal.
    (f) Insurance: all owners, keepers or harborers of registered pit bull dogs must within 10 days of the effective date of Ordinance #504 provide proof to the Arma City Clerk of public liability insurance in a single incident amount of $50,000.00 for bodily injury to or death of any person or persons or for damage to property owned by any persons which may result from the ownership, keeping or maintenance of such animal. Such insurance policy shall provide that no cancellation of the policy will be made unless 10 days written notice is given to the Arma City Clerk.
    (g) Identification Photographs: All owners, keepers or harborers of registered it bull dogs must provide to the City Clerk two color photographs of the registered animal clearly showing the color and approximate size of the animal.
    (h) Report Requirements: All owners, keepers or harborers of registered pit bull dogs must within 10 days of the incident, report the following information in writing to the Arma City Clerk as required hereinafter: (1) The removal of the City or death of a registered pit bull; or (2) The birth of offspring of a registered pit bull; or (3) The new address of a registered pit bull dog owner should the owner move within the corporate city limits. (i) Sale of Transfer of Ownership Prohibited: No person shall sell, barter or in any other way dispose of a pit bull dog registered with the City to any person within the City unless the recipient person resides permanently in the same household and on the same premises as the registered owner of such dog; provided that the registered owner of a pit bull dog may sell or otherwise dispose of a registered dog or the offspring of such dog to persons who do not reside within the City. (j) Animals Born of Registered Dogs: All offspring born of pit bull dogs registered within the City must removed from the City within six weeks of the birth of such animal. (k) Irrebuttable Presumptions: There shall be an irrebuttable presumption that any dog registered with the City as a pit bull dog or any of those breeds prohibited by Section II, Item A of this ordinance is in fact a dog subject to the requirements of this ordinance. (Ord. 542, Sec. B1:B10; Code 2007)

    2-203

    FAILURETO COMPLY. It shall be unlawful for the owner, keeper, or harborer of a pit bull dog registered with the City of Arma, Kansas, to fail to comply with the requirements and conditions set forth in this ordinance. Any dog found to be the subject of a violation of this ordinance shall be subject to immediate seizure and impoundment. In addition, failure to comply will result in the revocation of the license of such animal resulting in the immediate removal of the animal from the City. (Ord. 542, Sec. B11; Code 2007)

    2-204

    VIOLATIONS AND PENALTIES. Any person violating or permitting the violation of any provision of this article shall upon conviction in Municipal Court be fined a sum not less than $200.00 and not more than $1,000.00. In addition to the fine imposed the Court may sentence the defendant to imprisonment in the county jail for a period not to exceed 30 days. In addition, the court shall order the registration of the subject pit bull revoked and the dog removed from the City. Should the defendant refuse to remove the dog from the City, the Municipal Court Judge shall find the defendant owner in contempt and order the immediate confiscation and impoundment of the animal. Each day that a violation of this ordinance continues shall be deemed a separate offense. In addition to the foregoing penalties, any person who violates this ordinance shall pay all expenses, including shelter, food, handling, veterinary care and testimony necessitated by the enforcement of this ordinance. The Municipal Judge may further order the destruction of the animal. (Ord. 542, Sec. B12; Code 2007)

    ARTICLE 3 - Animal Control

    2-301

    DEFINITIONS. For the purpose of this chapter, the following words and phrases shall mean:
    (a) 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.
    (b) 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 or other ordinances of the City of Arma or state law.
    (c) 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, 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.
    (d) 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.
    (e) Cat - means any of the species felis catus, regardless of sex.
    (f) Dangerous or Vicious Animals - means any animal deemed to be dangerous or vicious as set out in this chapter.
    (g) Dog - means any member of the species canis familiaris, regardless of sex.
    (h) Fowl - means all animals that are included in the zoological class ayes, which shall include, but not be limited to, chickens, ducks, geese, turkeys, guineas, and pigeons. (i) 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. (j) Immediate Control - means the regulation and supervision by a competent person so that an animal is unable to run or get loose at will. G) Livestock - includes, but is not limited to cattle, horses, goats, sheep or other animals commonly regarded or used as farm or ranch animals. (k) 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 ordinance, the head of the household of which such minor is a member shall be deemed to own such animal for the purposes of this ordinance. (I) Owner - means the one who owns, or his or her employee, agent, or other competent person in to whose charge an animal has been placed by the actual owner as described in subsection (12) above. (Ord. 542, Sec. 3A; Code 2007)

    2-302

    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 Item, 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 which threatens or endangers the health or well- being of persons or other animals. If a summons is issued charges violation of this provision, a subpoena shall also be issued to the complainant to testify to the nuisance under oath. (Ord. 542, Sec. 3B; Code 2007)

    2-303

    VICIOUSANIMALS; PROHIBITED. It shall be unlawful for any person to keep, possess or harbor a vicious animal within the City. Impoundment of animals whose owners have been cited 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. (Ord. 542, Sec. 3C; Code 2007)

    2-304

    SAME; DEFINED. For purposes of this chapter, a vicious animal shall include.
    (a) 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;
    (b) Any animal which attacks a human being or domestic animal without provocation;
    (c) Any animal owned or harbored primarily or in part for the purpose of fighting or any animal trained for fighting; or
    (d) Any animal which is urged by its owner or harborer 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. (Ord. 542, Sec. 3C; Code 2007)

    2-305

    SAME; COMPLAINT. Whenever a complaint is filed in the municipal court, through the Police Department against the owner 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. The owner of the animal shall be notified in writing of the time and place of the hearing at least one week prior to the hearing. In making a determination, the municipal judge shall consider the following:
    (a) The seriousness of the attach or bite;
    (b) Past history of attacks or bites;
    (c) Likelihood of attacks or bites in the future;
    (d) The condition and circumstances under which the animal is kept or confined; and
    (e) Other factors which may reasonably relate to the determination of whether or not he animal is vicious. The municipal judge shall order the impoundment, the muzzling in accordance with sub item (4) and/or the confinement of the animal accused of being in violation of this section in a manner and location that will insure that it is no threat to persons or other animals pending the outcome of the hearing. If such impoundment, muzzling or otherwise safe confinement is not possible, or if prior court orders to restrain such animal have gone unheeded, the municipal judge may order the animal immediately destroyed. (Ord. 542, Sec. 3C; Code 2007)

    2-306

    VICIOUS DOGSTO BE MUZZLED. It shall be the duty of every owner, keeper or harborer of any dog in the City, which dog is vicious or has been known to bite, chase, or run after any person or animal in the streets, alleys, or any public place in the City, to keep the same muzzled with a good and sufficient wire or leather muzzle, securely fastened so as to wholly prevent such dog from biting any animal or person until such time as a determination has been made by the court as to whether the dog is vicious or not. Any person owning, keeping or harboring any dog within the City limits contrary to this section shall be guilty of a violation of this ordinance. (Ord. 542, Sec. 3C; Code 2007)

    2-307

    SAME; IMMEDIATE DESTRUCTION. Nothing in this ordinance 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. (Ord. 542, Sec. 3C; Code 2007)

    2-308

    SAME; IMMEDIATE DESTRUCTION. Nothing in this ordinance 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. (Ord. 542, Sec. 3C; Code 2007)

    2-309

    SAME; RUNNING AT LARGE. It shall be unlawful for any person to willfully allow any animal or fowl under his or her control to be or to run at large within the City. Any animal or fowl at large shall be impounded. (Ord. 542, Sec. 3C; Code 2007)

    2-310

    SAME; PENALTIES. Any person who shall neglect or refuse to comply with or shall violate or attempt to violate any of the provisions of this ordinance, shall be deemed guilty of an unclassified misdemeanor, constituting a separate offense for each and every day or portion thereof during which such violation is committed, continued, permitted or attempted, and upon conviction thereof, shall be punished by a fine of not less than twenty dollars ($20.00) nor more than five hundred dollars ($500.00) and a jail sentence of up to 30 days, or both. The imposition of the penalties herein prescribed shall not preclude the City, or any other interested person, from instituting injunction, mandamus or other appropriate action or proceeding authorized by law to prevent, correct or abate violation. (Ord. 542, Sec. 3C; Code 2007)

    2-311

    STERILIZATIONANDVACCINATION OFADOPTEDANIMAL
    (a) No dog or cat may be released for adoption from any pound or animal shelter, as defined by K.S.A. 47-1701 and amendments thereto, or from any duly incorporated humane society, unless: (1) Such dog or cat has been first surgically spayed or neutered; (2) The adopting party signs an agreement to have the dog or cat spayed or neutered and a $50.00 sterilization deposit with the City, pound, or animal shelter to ensure that the dog or cat will be sterilized. The $50.00 sterilization deposit pursuant to the agreement shall be refunded to the adopting party upon presentation of a written statement signed by a licensed veterinarian that the adopted dog or cat has been spayed or neutered; (3) Current rabies vaccine is obtained; and (4) Current license tag obtained and fees paid.
    (b) No person shall spay or neuter any dog or cat for or on behalf of a pound, animal shelter or humane society unless such person is a licensed veterinarian or a student currently enrolled in the college of veterinary medicine, Kansas State University, who has completed at least two years of study in the veterinary medical curriculum and is participating in a spay or neuter program as part of the curriculum under the direct supervision of a licensed veterinarian who is a faculty member at the Kansas State University veterinary medical center. The spay or neuter program shall only be conducted at the surgery clinic at the Kansas State University medical center in Manhattan, Kansas. No pound, animal shelter or humane society shall designate the veterinarian which a person must use, or a list which a person must select a veterinarian, to spay or neuter a dog or cat adopted by such person from such pound, animal shelter or society, nor shall such pound, animal shelter or society in anyway penalize a person for such person's selection of a veterinarian to spay or neuter a dog or cat adopted from pound, animal shelter or society.
    (c) Nothing in this section shall be construed to require sterilization of a dog or cat which is being held by a pound or animal shelter and which may be claimed by its rightful owner. (Ord. 542, Sec. 4; Code 2007)

    ARTICLE 4 - Other Animals

    2-401

    EXOTICANIMALS,
    (a) It shall be unlawful for any person, firm or corporation to keep, maintain or have in his or her possession or under his or her control within the city any poisonous reptile or any other dangerous wild animal or reptile, any vicious or dangerous animal or any other animal or reptile of wild, vicious or dangerous propensities.
    (b) It shall be unlawful for any person to keep, maintain or have in his or her possession or under his or her control within the city any of the following animals:
    (1) All poisonous animals including rear-fang snakes.
    (2) Apes: Chimpanzees; gibbons; gorillas, orangutans; and siamangs
    (3) Baboons.
    (4) Badgers.
    (5) Bears.
    (6) Bison.
    (7) Bobcats.
    (8) Cheetahs.
    (9) Crocodilians, 30 inches in length or more.
    (10) Constrictor snakes, six feet in length or more.
    (11) Coyotes.
    (12) Deer; includes all members of the deer family, for example, white-tailed deer, elk, antelope and moose.
    (13) Elephants.
    (14) Game cocks and other fighting birds.
    (15) Hippopotami.
    (16) Hyenas.
    (17) Jaguars.
    (18) Leopards.
    (19) Lions.
    (20) Lynxes.
    (21) Monkeys.
    (22) Pumas; also known as cougars, mountain lions and panthers.
    (23) Raccoons.
    (24) Rhinoceroses.
    (25) Skunks.
    (26) Tigers.
    (27) Wolves.
    (28) Opossums;
    (29) Monitor lizards;
    (30) Pronghorns;
    (31) Mountain Goats;
    (32) Civets and ringtails
    (33) Kangaroos;
    (34) Dingos;
    (35) Zebras;
    (36) Tasmanian Devils;
    (37) Llamas;
    (38) Camels;
    (39) Giraffes;
    (40) Ocelots;
    (41) Wolverines;
    (42) Armadillos;
    (43) Gila Monsters;
    (44) Vultures and other birds of prey;
    (45) Animals which are hybrids or cross-breeds of any of the animals listed in this Ordinance. (Ord. 523, Sec. 1; Code 2007)

    2-402

    EXCEPTIONS. The prohibitions of this section shall nor apply to bona fide circuses and carnivals, educational institutions and medical institutions accredited by the State of Kansas, full time instructors at any university or to students and/or assistants at any university conducting experiments with or using for laboratory or research purposes, any of the above-listed animals, while under the direct supervision of a full-time instructor of an university accredited by the State of Kansas if: (1) Their location conforms to the provisions of the zoning ordinance of the City; (2) All such animals and their quarters are kept in a clean and sanitary condition and so maintained so to eliminate objectionable odors, and; (3) The animals are maintained in quarters so constructed as to preventtheir escape. (4) The prohibitions of this section shall not apply to animals defined by K.S.A. 47-1001, and acts amendatory and supplemental thereto, as "livestock". (Ord. 523, Sees. 2:3; Code 2007)

    2-403

    IMPOUNDMENT. If a law enforcement officer or the Animal Control Officer has probable cause to believe that art animal listed in2-301, is being kept, harbored or possessed in violation of this Ordinance and is dangerous to people or other animals, said officer may seize and impound said animal pending trial. (Ord. 523, Sec. 4; Code 2007)

    2-404

    PENALTIES. Any person violating or permitting the violation of any provision of this Ordinance, shall upon conviction in Municipal Court, be fined a sum not less than $250.00 and not more than $1,000.00. In addition to the fine imposed, the Court may sentence the defendant to imprisonment in the County Jail for a period not to exceed thirty (30) days. Further, the Court shall order the animal removed from the City. Should the defendant refuse to remove the animal from the City, the Municipal Court Judge shall find the defendant in contempt and orderthe immediate confiscation, impoundment, and disposition of the animal. Each day that the violation occurs or continues may be deemed a separate offense. In addition to foregoing penalties, any person who violates this ordinance shall pay all expenses, including sums for shelter, food, handling, veterinary care, and expert testimony, which are necessitated by the person's failure to abide by the provisions of this article. (Ord. 523, Sec. 7; Code 2007)

    2-405

    LARGEANIMALS; PROHIBITION. No large animals as defined in this section will be permitted in the city limits of the City of Arma. (Ord. 546, Sec. 3; Code 2007)

    2-406

    SAME; DEFINITION. Large animals will be defined as any animal excluding dogs and cats including, butnotlimitedto: cows, bulls, cattle, sheep, goats, horses, burros, mules, ostriches, emus, llamas, exotic animals of any kind. (Ord. 546; Code 2007)

    2-407

    ANIMAL RESTRICTIONS. A large animal already within the city limits of the City of Arma as of September 7, 2004 will be exempt for this act and may be retained within the city so long as a minimum of 1 acre per animal (each offspring shall be considered a separate large animal) is allowed, adequate and acceptable fencing sufficient to retain the animal within the confines of the acreage and kept at all times in good repair. (Ord. 546, Sec. 4; Code 2007)

    2-408

    REMOVAL. Once the large animal is removed from the property, no property shall be exempted underthe "grandfather clause" and the property shall be barred from having large animals thereon. (Ord. 546, Sec. 4; Code 2007)

    2-409

    TRANSFER OF PROPERTY. Any change in the title to real estate shall be deemed a transfer of property as to render the property subject to this act prohibiting large animals on that real estate. The use of the land for land animals shall belong only to the record title owner of real estate on the date of adoption of this act. The right to have large animals on real estate within the City of Arma shall not pass with the land transfer, but shall terminate and thereafter use of the land for large animals shall be contrary to this ordinance. (Ord. 546, Sec. 4; Code 2007)

    2-410

    SAME; PENALTY. The penalty for violating this provision of the section shall be punishment by a fine not to exceed $2,500.00 and/or up to 1 year in the county jail. (Ord. 546, Sec. 5; Code 2007)

  • ARTICLE 1 - Animals, Fowl, Generally

    2-101

    KEEPING ANIMALS IN CITY. No person shall have, keep or maintain within the limits of the city any poultry, farm animal or other animals, except dogs and cats, within the City limits of Arma with the exceptions designated by the City of Arma Zoning Ordinance.

    2-102

    KEEPING ANIMALS IN OFFENSIVE MANNER. It shall be unlawful for any person to own, keep, use, or maintain any yard, pen, place, room, or building, where animals are kept, in an unsatisfactory condition or in such a manner as to become offensive or annoying to the public or to any person residing in the vicinity .

    2-103

    REGULATING DISPOSAL OF ANIMAL CARCASS. It shall be the duty of the owner or person having the custody of any dead animal that within 24 hours after the death of such animal, to remove the carcass of the animal by means of burying such animal or have the animal cremated at a veterinary clinic. In cases in where the exceptions of the zoning ordinance apply the carcasses of the animals must be removed from the city limits within 24 hours. Any such person failing to do so shall be deemed guilty of a Class C offense.

    2-104

    REMOVAL OF ANIMAL FECES REQUIRED. The owner of any animal, when such animal is off the owner's property, shalI be responsible for the removal of any feces deposited by such animal on public walks, streets, recreation areas, or private property and it shall be a violation of this section for such owner to fail to remove or provide for the removal of such feces before taking such animal from the immediate area where such defecation occurred.

    2-105

    IMPOUNDING ANIMALS. The police officers of the City or Animal Control officer shall have the right and it shall be their duty to take up and impound any domestic animal found running at large in violation of this article.

    2-106

    PROHIBITED ACTS. It shall be unlawful for the owner or any person having the care, custody, or control of any animal to permit the same to remain or run at large within the City limits of the City of Arma. Any person violating any section of this ordinance (unless otherwise provided within this section) shall be punishable by a fine not to exceed $500 and/or a jail sentence not to exceed 30 days

    2-107

    OBSTRUCTING IMPOUNDING OF ANIMAL. Any person who shall willfully obstruct, hinder or prevent the lawful impounding of any animal or who shall break open, destroy or damage the pound , enclosure or place, or any part thereof, where any animal is impounded , or take or drive or attempt to take or drive any impounded animal from such pound, enclosure or place, without first paying the fees, costs, charges and expenses provided for in this article, shall be deemed guilty of a Class A offense and, upon conviction, shall be punished by a jail sentence not to exceed one year and/or a fine not to exceed $2,500.00.

    2-108

    ENTICING ANIMALS INTO CITY. Any person who shall drive or entice any animal from beyond the City limits into the City limits or aid, abet, or assist in so doing, or let any animal out of any enclosure in which it may be confined or unfasten any animal , or aid, abet, or assist in so doing, in order that such animal may be taken up and impounded , shall be deemed guilty of a Class A offense and, upon conviction, shall be punished by a jail sentence not to exceed one year and/or a fine not to exceed $2,500.00

    ARTICLE 2 - Exotic

    2-201

    2-201 PROHIBITED POSSESSION, CONTROL, KEEEPING OR HARBORING OF CERTAIN ANIMALS
    a) Enumeration. It shall be unlawful to keep, harbor , own or to in any way possess or control within the corporate limits of the City any of the following animals:
    1) All poisonous animals, which include all poisonous amphibians and reptiles;
    2) Apes including, but not limited to, chimpanzees, gibbons, gorillas, orangutans, and siamans;
    3) Baboons;
    4) Badgers;
    5) Bears;
    6) Bison ;
    7) Bobcats;
    8) Cheetahs;
    9) Alligators or crocodiles;
    10) Constrictor snakes, six feet in length or more;
    11) Coyotes;
    12) Deer including , but not limited to, the following members of the deer family; white-tailed deer, elk , antelope and moose;
    13) Elephants;
    14) Game cocks and other fighting birds;
    15) Hippopotami;
    16) Hyenas;
    17) Jaguars;
    18) Leopards;
    19) Lions;
    20) Lynxes;
    21) Monkeys;
    22) Pumas, also known as cougars, mountain lions and panthers;
    23) Raccoons;
    24) Rhinoceroses;
    25) Skunks;
    26) Tigers;
    27) Wolves;
    28) Opossums;
    29) Monitor lizards;
    30) Pronghorns;
    31) Mountain goats;
    32) Civets and ringtails ;
    33) Kangaroos;
    34) Dingos;
    35) Zebras;
    36) Tasmanian devils ;
    37) Llamas;
    38) Camels;
    39) Giraffes;
    40) Ocelots;
    41) Wolverines;
    42) Armadillos;
    43) Gila monsters;
    44) Vultures and other birds of prey;
    45) Animals which are hybrids or crossbreeds of any of the animals listed in this Section

    b) Exemptions. The prohibitions of this Section shall not apply to bona fide circuses, zoos, petting zoos, and carnivals, holders of a special events with a written permit issued by the City expressly permitting keeping , harboring, possessing or controlling certain of the above animals within the corporate city limits , or educational institutions and medical institutions accredited by the state.
    c) Seizure and impoundment. If a law enforcement officer or the animal control officer has probable cause to believe that an animal listed in this Section is being kept, harbored or possessed in violation of this Section and is dangerous to people or other animals, such officer may seize and impound such animal pending trial.
    d) Removal by owner. Any person who keeps, harbors, owns or possesses or has control of one or more of the animals listed in this Section on property annexed into the City shall remove such animal from the City within 60 days of the effective date of the ordinance annexing the property into the City.
    e) Penalties. Any person violating or permitting the violation of any provision of this Section, unless otherwise provided shall, upon conviction in municipal court, be guilty of a Class C offense. The court shall order the animal removed from the City. Should the defendant refuse to remove the animal from the City, the municipal court judge shall find the defendant in contempt and order the immediate confiscation, impoundment, and disposition of the animal. In addition to such penalties, any person who violates this Section shall pay all expenses , including sums for shelter, food, handling, veterinary care, and expert testimony, which are necessitated by the person's failure to abide by the provisions of this Section.

    2-202

    Dangerous Animals and Reptiles


    a) Definitions. The following words, terms and phrases, when used in this Section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

    Confined means (occurs) when the dangerous animal or reptile is kept securely confined indoors or in a pen, kennel or structure that has secure sides, a secure top attached to the sides or the sides must be embedded in the ground no less than two feet, with the entrance or gate securely locked or, latched. All such structures must comply with all zoning and building ordinances and regulations of the City and shall be adequately lighted, ventilated, and kept in a clean and sanitary condition .

    Dangerous animal or reptile means any animal or reptile with a known propensity, tendency, or disposition to attack, to cause injury or to otherwise endanger the safety of human beings or domestic animals; provided, however, that no animal shall be deemed dangerous solely because it bites, attacks or menaces a trespasser on the property of the person who owns, keeps, harbors or possesses the animal.

    Unconfined means (occurs) when the dangerous animal or reptile is not kept securely confined indoors and is thereby allowed to exit the building on its own volition or not kept outdoors and confined within a securely enclosed and locked pen, kennel or structure ; provided, however , that a domestic animal may be exercised or walked if it is muzzled and restrained by a leash no longer than four feet in length which is in the physical control of a person of suitable age and discretion and may be transported if it is securely confined within a motor vehicle.

    b) Possession prohibited. It shall be unlawful for any owner, keeper, harborer or possessor of a dangerous animal or reptile to allow such animal or reptile to be either confined or unconfined within the City limits

    c) Impounding. If a law enforcement officer or the animal control officer has probable cause to believe that a dangerous animal or reptile is being kept, harbored or cared for in violation of this Section , such officer may petition the municipal court to order the seizure and impoundment of such animal or reptile pending trial.
    d) Penalties. Any person violating or permitting the violation of any provision of this Section shall, upon conviction, be guilty of a Class C offense. Further, the court may order the animal or reptile to be destroyed by the animal control officer or removed from the City . Should the defendant refuse to remove the animal or reptile from the City, the municipal court judge shall find the defendant in contempt and order the immediate confiscation , impoundment , and destruction of the animal or reptile. In addition to such penalties, any person who violates this Section shall pay all expenses, including sums for shelter, food, handling , veterinary care, and expert testimony, which are necessitated by the person' s failure to abide by the provisions of this Section.

    ARTICLE 3 - Dogs

    2-301

    DEFINITIONS. For the purposes herein, the following words and phrases shall have the meaning set opposite them:
    a) "Dog" shall mean all members of the canis familaris , male or female, six (6) months of age or older.
    b) "Own" shall mean and include own, or keep, or harbor or shelter, or manage, or possess, or to have a part interest in any dog. If a minor owns a dog subject to the provisions of this article, the head of the household of which minor owner is a member shall be deemed the owner of such dog for the purpose of this article and under this article shall be responsible as the owner, whether or not such household head is himself a minor . If not a member of a household such minor owner shall himself be directly subject to the provisions of this article.
    c) "Owner" shall mean one who owns, his employee or agent, or other competent person into whose charge the actual owner has committed his dog's care or control, whether for a fee or otherwise .
    d) "Household" shall mean those members of a family living in the same dwelling unit.
    e) "At Large". Any dog shall be deemed to be at large when it is off the premises occupied by the owner ' s household as their abode and when not accompanied by its owner.
    f) "Vicious Dog" shall mean any dog which is fierce, dangerous, mean or uncontrollable ; or one which has previously attacked or bitten any person or domestic animal, or possesses a propensity to attack or bite a person or domestic animal.
    g) "Person" shall mean any individual, firm, association, partnership or corporation.
    h) "Enforcing Officer" shall include his deputy, delegate, alternate or appointee.
    i) "Competent Person" shall mean any human being who is capable of controlling the dog in question and to whose command the dog is obedient.

    2-302

    KEEPING AND HARBORING. Any person who shall allow any dog to habitually remain or to lodge or to be fed within his home, store, yard, enclosure or place shall be deemed and considered as keeping and harboring such dog within the meaning of this article.

    2-303

    LICENSE; RABIES INOCULATION
    a) It shall be unlawful for any person to own, keep or harbor any dog within the corporate limits of the City without first having obtained a dog tag from the City and without having paid the yearly registration fee:
     1) Neutered male or spayed female dog the sum of $10.00.
     2) Fertile male or female dog the sum of $15.00. Such registration shall expire December 31 of each year .
    b) It shall be the duty of the owner or person harboring a dog within the corporate limits of the City to have such dog inoculated against rabies. Persons owning or harboring a dog shall not be issued a license or dog tag as provided in this Section, unless the applicant exhibits an unexpired certificate by a licensed veterinarian showing compliance with the provisions of this Section. The metal plate or tag issued by the City for the current year for such dog, as provided by subsection (d) of this Section, shall be deemed to have been inoculated for rabies.
    c) Penalties.
     1) The registration fee shall be increased by an amount established by ordinance on March 1 each year, the total registration fee, including penalty, to be as follows:
      a. $20.00 on a neutered male or spayed female dog; and
      b. $25 .00 on a fertile male or female dog.
     2) The registration fee shall be increased an additional amount as established by ordinance on June 1 each year, the total registration fee including penalty to be as follows :
      a. $30.00 on a neutered male or spayed female dog; and
      b. $35.00 on a fertile male or female dog, to any person who has failed to register any dog; provided, however, that any person who acquires a dog after March 1 each year shall not be subject to the increased license fee as provided in this Section and shall pay only the yearly fee otherwise required upon furnishing the City an affidavit showing the date on which such dogs were born or brought into the City.
    d) Such license tax shall be paid to the City and the City shall keep a record thereof and issue a receipt therefore giving the date of payment , a description of the dog and the name of the person paying such tax. On receipt of the payment of the license tax for any dog, the City shall deliver to the person paying such tax a metal plate or tag on which shall be stamped the year for which the license tax has been paid , and the number of the receipt for the license tax. The City shall authorize the law enforcement or animal control officer to collect such license tax and furnish a metal tag on impounded dogs and from owners of dogs in answer to a complaint.

    2-304

    EXCEPTIONS TO REGISTRATION; REQUIREMENTS FOR 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 thirty (30) days. However , such dogs shall be kept under restraint by the owner thereof at all times.

    2-305

    IMPOUNDMENT.
    a) IMPOUNDING DOGS. Any dog owned kept or harbored within City on which the license tax has not been paid, or which is running at large as set out in section 2-301 (e) may be taken up by any animal control officer or any police officer and impounded for three days following the day of impoundment , during which time the dog may be released to its rightful owner if all licenses taxes, and impoundment fee is paid according to the following schedules :
     1) First offense; All license fees and a $15.00 redemption fee plus a $2.50/day housing fee
     2) Second Offense; All license fees and a $20.00 redemption fee plus a $2.50/day housing fee
     3) Third Offense; All license fees and a $30.00 redemption fee plus a $2.50/day housing fee, with a notice to appear in court to hear charges brought up against you.

     b) After the third offense the dog will be confiscated until a court date has been scheduled and held where the judge may or may not grant possession of the dog back to the owner. If the judge does grant possession of the dog back to the owner all fines and court cost set by the judge along with a redemption fee of $40.00 plus $2.50 per day for housing must be paid by the owner before the release of the dog .
     c) DISPOSAL OF IMPOUNDED DOGS. All dogs not claimed after the third day of impoundment shall be disposed of in the following manner;

    1. The City may adopt the dog out to a new owner.
     a. If the dog is not spayed or neutered this must be done before any adoption will be allowed and paid for by the new owners.
     b. An adoption form shall be filled out by the new owners stating their name, address, city, state
     c. If they live in Arma, all licenses must be paid for.

    2. If the City has not adopted said animal within a two week period, the city shall then take the dog to the Southeast Kansas Humane Society .
    3. If the Southeast Kansas Humane society refuses the dog then the doge shall be taken to the local veterinary to be euthanized and disposed of

    2-306

    BARKING DOGS. No person shall own, keep ·or harbor any dog which by loud frequent and habitual barking, howling or yelping shall annoy or disturb any neighborhood or person in the City.

    2-307

    DOG FIGHTING. It shall be unlawful for any person by design or otherwise, to set any dog to fight, or cause any dog to attack any other dog or animal, or aid or abet or encourage any dog to attack or chase any human being not engaged in malicious or criminal acts; or being the owner, knowingly to permit such dog to fight without endeavoring to prevent the same.

    2-308

    KEEPING VICIOUS DOGS PROHIBITED. It shall be unlawful for any person to keep any vicious dog within the corporate limits of the city.

    2-309

    PERMITTING DAMAGE TO PERSONS OR PROPERTY BY AN ANIMAL. It shall be unlawful for any person having the custody of any animal to permit such animal to injure or damage, while in such custody, the person or property of another.

    2-310

    TETHERING OF DOGS.
    1) No dog owner shall permit more than two dogs to be tethered in their yard at any given time.
    2) Tethers shall be no shorter than ten feet (10') in length.
    3) All tethers shall be so installed so that the dog shall have the freedom to walk around without the chance of getting tangled up or choking itself
    4) All dogs tethered outside shall have plenty of water and shade available.

    2-311

    CONFINEMENT DURING HEAT. An unspayed female dog shall be kept securely confined in an enclosed place while in heat.

    2-312

    CRUELTY TO DOGS UNLAWFUL. It shall be unlawful for any person to neglect, deprive of necessary sustenance, cruelly beat, mutilate, or cruelly kill a dog or cause or procure the same within the corporate limits of the city.

    2-313

    CONFINEMENT OF RABIES SUSPECTS.
    (a) Any dog which is suspected of having rabies, or any dog which has bitten a human being and has thereby caused a laceration of the skin of such human being, shall be seized and confined in a veterinary hospital for a period of fourteen (14) days; provided, however, the perio_d of confinement may be shortened at the discretion of the veterinarian in charge of said hospital.
    (b) Any dog bitten by a known rabid animal shall be seized and confined in a veterinary hospital , as provided in sub-part (a) of this section.
    (c) All expenses incurred during the period of confinement in a veterinary hospital for the purposes of this section shall be borne by the owner of the dog. If any dog so impounded is not claimed by the owner within the fourteen (14) day period, then the veterinarian shall transfer the said dog to the impounding facility of the city where such dog shall be disposed of according to the provisions of Section 2-305(c) hereof

    2-314

    KILLING AUTHORIZED. The enforcing officer shall be authorized to kill any dog which is impractical or impossible to catch or capture or which is endangering any person or persons or property.

    2-315

    Penalty. Any violations of this ordinance not otherwise defined shall be a Class C offense punished by a jail sentence not to exceed 30 days and/or a fine not to exceed $500.00 .

    ARTICLE 4 - Pit Bull Dogs


    { Trying to locate this section of Ordinance at this time }
  • 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) Beer - means, unless its meaning is enlarged, modified or limited by other words, a beverage containing more than 3.2% alcohol by weight, obtained by alcoholic fermentation of an infusion or concoction of barley, or other grain, malt and hops in water and includes beer, ale, stout, lager beer, porter and similar beverages having such alcoholic content. ;
    (d) Caterer - means an individual, partnership or corporation which sells alcoholic liquor by the individual drink, and provides services related to the serving thereof, on unlicensed premises which may be open to the public, but does not include a holder of a temporary permit selling alcoholic liquor in accordance with the terms of such permit.
    (e) 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 which is more than 3.2 percent alcohol by weight.
    (f) 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.
    (g) 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.
    (h) Club - means a Class A or Class B club.
    (i) Drinking Establishment - means premises which may be open to the general public, where alcoholic liquor by the individual drink is sold, or where cereal malt beverages are sold for consumption on the premises, and includes all premises which are licensed as Class A clubs or Class B clubs, and which includes all premises which are licensed to sell cereal malt beverages for consumption on the premises by and under the licensing requirements of the Kansas Cereal Malt Beverage Act, K.S.A. 41-2701 etseq.
    (j) Employee - any person employed in the business of selling alcoholic liquor or cereal malt beverages by a licensee; licensee's manager or agent; an independent contractor hired by licensee; or any person under the direction and control of licensee.
    (k) General Retailer - means a person who has a license to sell cereal malt beverages at retail.
    (l) Licensee - any person to whom a current Class A club, Class B club, or drinking establishment license has been issued by the Kansas State Department of Revenue authorizing the sale of alcoholic liquor or any person to whom a current cereal malt beverage license for consumption on the premises has been issued by the City Council of Arma, Kansas.
    (m) 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.
    (n) Member - Any person who has a membership to a Class A or Class B club.
    (o) Person - any natural person, corporation, partnership or association,
    (p) Place of Business. - Any place at which cereal malt beverages or alcoholic beverages or both are sold.
    (q) Temporary Permit - means a permit, issued in accordance with the laws of the State of Kansas, which allows the permit holder to offer for sale, sell and serve alcoholic liquor for consumption on unlicensed premises, open to the public.
    (r) 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. (Ord. 482, Sec. 1; Code 2007)

    3-102

    RESTRICTION ON LOCATION,
    (a) No alcoholic liquor shall be sold or served by a person holding a license or permit from the city whose place of business or other premises are located within 200 feet of any church, school, nursing home, library or hospital, said distance to be measured from the nearest property line of such church, school, nursing home, library or hospital, to the nearest portion of the building occupied by the premises.
    (b) The distance location of subsection
    (a) above shall not apply to a club, drinking establishment, caterer or temporary permit holder when the license or permit applicant petitions for and receives a waiver of the distance limitation from the governing body. The governing body shall grant such a waiver only following public notice and hearing and a finding by the governing body that the proximity of the establishment is not adverse to the public welfare or safety.
    (c) No license or permit shall be issued for the sale of alcoholic liquor if the building or use does not meet the zoning ordinance requirements of the city or conflicts with other city laws, including building and health codes. (Code 2007)

    3-103

    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, or where a caterer or temporary permit holder is serving alcoholic liquor.
    (b) It shall be unlawful for the operator, person in charge or licensee of any premises licensed for on-premises consumption of alcoholic liquor or a caterer or temporary permit holder who is serving 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 or permitted premises derives not more than 30 percent of its gross receipts in each calendar year from the sale of alcoholic liquor for on-premises consumption. (Ord. 486, Sec. 2; Code 2007)

    3-104

    CONSUMPTION ON PUBLIC PROPERTY. No person shall drink or consume any alcoholic liquor on city owned public property. However, this prohibition shall not apply to , which is property owned by the city. (K.S.A. Supp. 41-719; Code 2007)

    3-105

    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 2007)

    3-106

    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.S.A. 8-1599; Code 2007)

    3-107

    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 2007)

    3-108

    IDENTIFICATION CARD,
    (a) It shall be 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. (Ord. 486, Sec. 3; Code 2007)

    3-109

    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. Supp. 41-727; Code 2007)

    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. 41-2702; Code 2007)

    3-202

    APPLICATION. Any person desiring a license shall make an application to the governing body of the city and accompany the application by the required license fee for each place of business for which the person desires the license. The application shall be verified, and upon a form prepared by the attorney general of the State of Kansas, and 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) The names and addresses of all persons who hold any financial interest in the particular place of business for which a license is desired.
    (e) 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;
    (f) Each application for a general retailer's license shall be accompanied by a certificate from the city health officer certifying that he or she has inspected the premises to be licensed and that the same comply with the provisions of chapter 8 ofthis~coda
    (g) Each application for a general retailer's license must be accompanied by a certificate from the city fire chief certifying that he or she has inspected the premises to be licensed and that the same comply with the provisions of chapter 7 of this code. The application shall be accompanied by a statement, signed by the applicant, authorizing any governmental agency to provide the city with any information pertinent to the application. One copy of such application shall immediately be transmitted to the chief of police of the city for investigation of the applicant. It shall be the duty of the chief of police to investigate such applicant to determine whether he or she is qualified as a licensee under the provisions of this chapter. The chief shall report to the not later than five working days subsequent to the receipt of such application. The application shall be scheduled for consideration by the governing body at the earliest meeting consistent with current notification requirements. (Code 2007)

    3-202A

    LICENSE APPLICATION PROCEDURES,
    (a) All applications for a new and renewed cereal malt beverage license shall be submitted to the city clerk 10 days in advance of the governing body meeting at which they will be considered.
    (b) The city clerk's office shall notify the applicant of an existing license 30 days in advance of its expiration.
    (c) The clerk's office shall provide copies of all applications to the police department, to the fire department, and to the city-county health department, when they are received. The police department will run a records check on all applicants and the fire department and health department will inspect the premises in accord with chapters 7 and 8 of this code. The departments will then recommend approval, or disapproval, of applications within five 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 10 days in advance and been reviewed by the above city departments.
    (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 2007)

    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 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 2007)

    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 2007)

    3-205

    LICENSE, DISQUALIFICATION. No license shall be issued to:
    (a) A person who has not been a resident in good faith of the state of Kansas for at least one year immediately preceding application and a resident of Crawford county for at least six months prior to filing of such application.
    (b) A person who is not a citizen of the United States.
    (c) A person who is not of good character and reputation in the community in which he or she resides.
    (d) A person who, within two years immediately preceding the date of making application, has been convicted of a felony or any crime involving moral turpitude, or has 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.
    (e) A partnership, unless all the members of the partnership shall otherwise be qualified to obtain a license.
    (f) A corporation if any manager, officer or director thereof or any stockholder owning in the aggregate more than 25 percent of the stock of such corporation would be ineligible to receive a license hereunder for any reason other than nonresidence within the city or county.
    (g) A corporation, if any manager, officer or director thereof, or any stockholder owning in the aggregate more than 25 percent of the stock of such corporation, has been an officer, manager or director, or a stockholder owning in the aggregate more than 25 percent 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.
    (h) A person whose place of business is conducted by a manager or agent unless such manager or agent possesses the same qualifications required of the licensee.
    (i) A person whose spouse would be ineligible to receive a retailer's license for any reason other than citizenship, retailer residency requirements or age, except that this subsection (i) shall not apply in determining eligibility for a renewal license. (Code 2007)

    3-206

    RESTRICTION UPON LOCATION,
    (a) No license shall be issued for the sale at retail of any cereal malt beverage on premises which are located in areas not zoned for such purpose.
    (b) It shall be unlawful to sell or dispense at retail any cereal malt beverage at any place within the city limits that is within a 200-foot radius of any church, school or library.
    (c) Provisions of this section shall not apply to any establishment holding a private club license issued by the State of Kansas.
    (d) The distance limitation of subsection
    (b) above shall not apply to any establishment holding a cereal malt beverage license issued by the city when the licensee has petitioned for and received a waiver of the distance limitation. The governing body shall grant such a waiver only following public notice and hearing. (K.S.A. 41-2704; Code 2007)

    3-207

    LICENSE FEET The rules and regulations regarding license fees shall be as follows:
    (a) General Retailer -- for each place of business selling cereal malt beverages at retail, per calendar year.
    (b) Limited Retailer -- for each place of business selling only at retail cereal malt beverages in original and unopened containers and not for consumption on the premises, $ per calendar year. Full amount of the license fee 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 forthe remainder of the calendar year in which the license is issued. (K.S.A. 41-2702; Code 2007)

    3-208

    LICENSE FEET The rules and regulations regarding license fees shall be as follows:
    (a) General Retailer -- for each place of business selling cereal malt beverages at retail, per calendar year.
    (b) Limited Retailer -- for each place of business selling only at retail cereal malt beverages in original and unopened containers and not for consumption on the premises, $ per calendar year. Full amount of the license fee 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 forthe remainder of the calendar year in which the license is issued. (K.S.A. 41-2702; Code 2007)

    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 shall 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 therefor;
    (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 21 years of age;
    (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;
    (I) 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 2007)

    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 Crawford 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 or suspension during the pendency of such appeal. In case of the revocation of the license of any licensee, no new license shall 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. 41-2708; Code 2007)

    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 $ . 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 2007)

    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 -307:307a; Code 2007)

    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 beverages 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., except in a place of business which is licensed to sell cereal malt beverage for consumption on the premises, which derives not less than 30 percent 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 21 years of age.
    (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 21 years of age in dispensing cereal malt beverages. No licensee shall employ any person who has been judged guilty of a felony.
    (I) Pursuant to 2005 Kansas Session Laws, Chapter 201, 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. by licensed retailers. (Ord. 554, Sec. 1; Code 2007)

    3-214

    PROHIBITED CONDUCT ON PREMISES. The following conduct by a cereal malt beverage licensee, manager or employee of any licensed cereal malt beverage establishment is deemed contrary to public welfare and is prohibited:
    (a) Remaining or permitting any person to remain in or upon the premises who exposes to view any portion of the female breasts below the top of the areola or any portion of males/females pubic hair, anus, buttocks or genitals;
    (b) Permitting any employee on the licensed premises to touch, caress or fondle the breasts, buttocks, anus, vulva or genitals of any other employee or any patron;
    (c) Encouraging or permitting any patron on the licensed premises to touch, caress or fondle the breasts, buttocks, anus, vulva, or genitals of any employee;
    (d) Performing or permitting any person to perform on the licensed premises acts of or acts which simulate:
    (1) Sexual intercourse, masturbation, sodomy, or any other sexual act which is prohibited by law; or
    (2) Touching, caressing or fondling such persons' breasts, buttocks, anus or genitals.
    (e) Using or permitting any person to use on the licensed premises, any artificial devices or inanimate objects to depict any of the acts prohibited by paragraph
    (d) of this section.
    (f) Showing or permitting any person to show on the licensed premises any motion picture, film, photograph, electronic reproduction, or other visual reproduction depicting:
    (1) Acts or simulated acts of sexual intercourse, masturbation, sodomy, or any sexual act which is prohibited by law;
    (2) The touching, caressing or fondling of the buttocks, anus, genitals or the female breasts;
    (3) Scenes in which a person displays the buttocks, anus, genitals or the female breasts.
    (g) As used in this section, the term premises means the premises licensed by the city as a cereal malt beverage establishment and such other areas, under the control of the licensee or his or her employee or employees, that are in such close proximity to the licensed premises that activities and conduct of persons within such other areas may be viewed by persons on or within the licensed premises. (Ord. 482, Sec. 2; Code 2007)

    3-215

    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 2007)

    3-216

    MINORS ON PREMISES,
    (a) It shall be unlawful for any person under 21 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 21 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 30 percent of its gross receipts in each calendar year from the sale of cereal malt beverages for on- premises consumption. (Code 2007)

    ARTICLE 4 - Private Clubs

    3-401

    LICENSE REQUIRED. It shall be unlawful for any person granted a private club license by the State of Kansas to sell or serve any alcoholic liquor authorized by such license within the city without first obtaining a local license from the city clerk. (Code 2007)

    3-402

    LICENSE FEE.
    (a) There is hereby levied an annual license fee on each private club located in the city which has a private club 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. The city license fee for a Class A club shall be $ and the city license fee for a Class B club shall be $ .
    (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 forthe 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 club license to be placed in plain view next to or below the state license in a conspicuous place on the licensed premises. (Code 2007)

    3-403

    BUSINESS REGULATIONS,
    (a) 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.
    (b) Cereal malt beverages may be sold on premises licensed for the retail sale of cereal malt beverages for on-premises consumption at any time when alcoholic liquor is allowed by law to be served on the premises.
    (c) No club 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. Supp. 41-2614; Code 2007)

    ARTICLE 5 - Drinking Establishments

    3-501

    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. (Code 2007)

    3-502

    LICENSE FEE.
    (a) There is hereby levied an annual license fee in the amount of $ 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. (Code 2007)

    3-503

    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; Code 2007)

    ARTICLE 6 - Caterers

    3-601

    LICENSE REQUIRED. It shall be unlawful for any person licensed by the State of Kansas as a caterer to sell alcoholic liquor by the drink, to sell or serve any liquor by the drink within the city without obtaining a local caterer's license from the city clerk. (Code 2007)

    3-602

    LICENSE FEE.
    (a) There is hereby levied an annual license fee in the amount of $ on each caterer doing business in the city who has a caterer's 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 caterer license to be placed in plain view on any premises within the city where the caterer is serving or mixing alcoholic liquor for consumption on the premises. (Code 2007)

    3-603

    BUSINESS REGULATIONS,
    (a) No caterer licensed hereunder shall allow the serving, mixing or consumption of alcoholic liquor between the hours of 2:00 a.m. and 6:00 a.m. on any day.
    (b) 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; Code 2007)

    3-604

    NOTICE TO CHIEF OF POLICE. Prior to any event at which a caterer will sell or serve alcoholic liquor by the individual drink, the caterer shall provide written notice to the chief of police at least (hours) (days) prior to the event if the event will take place within the city. The notice shall contain the location, name of the group sponsoring the event, and the exact date and times the caterer will be serving. (Code 2007)

    ARTICLE 7 - Temporary Permits

    3-701

    PERMIT REQUIRED. It shall be unlawful for any person granted a temporary permit by the State of Kansas to sell or serve any alcoholic liquor within the city without first obtaining a local temporary permit from the city clerk. (Code 2007)

    3-702

    PERMIT FEE.
    (a) There is hereby levied a temporary permit fee in the amount of $ per day on each group or individual holding a temporary permit issued by the state director of alcoholic beverage control authorizing sales within the city, which fee shall be paid before the event is begun under the state permit.
    (b) Every temporary permit holder shall cause the temporary permit receipt to be placed in plain view on any premises within the city where the holder of the temporary permit is serving or mixing alcoholic liquor for consumption on the premises. (Code 2007)

    3-703

    CITY TEMPORARY PERMIT,
    (a) It shall be unlawful for any person to conduct an event under a state issued temporary permit without first applying for a local temporary permit at least days before the event. Written application for the local temporary permit shall be made to the city clerk and shall clearly state:
    (1) the name of the applicant;
    (2) the group for which the event is planned;
    (3) the location of the event;
    (4) the date and time of the event;
    (5) any anticipated need for police, fire or other municipal services.
    (b) Upon presentation of a state temporary permit, payment of the city's temporary permit fee and a written application as provided for in subsection
    (a), the city clerk shall issue a local temporary permit to the applicant if there are no conflicts with any zoning or other ordinances of the city.
    (c) The city clerk shall notify the chief of police whenever a temporary permit has been issued and forward a copy of the permit and application to the chief of police. (Code 2007)

    3-704

    PERMIT REGULATIONS,
    (a) No temporary permit holder shall allow the serving, mixing or consumption of alcoholic liquor between the hours of 2:00 a.m. and 6:00 a.m. at any event for which a temporary permit has been issued.
    (b) No alcoholic beverages shall be given, sold or traded to any person under 21 years of age. (Code 2007)

  • 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:

    ARTICLE 2 -

    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 Arma, 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 Arma;
    (c) Whenever the term building official is used in the building code, it shall be held to mean the or his or her authorized designee. (Code 2007)

    4-202

    INTERNATIONAL BUILDING CODE INCORPORATED. There is hereby adopted and incorporated by reference, for the purpose of establishing rules and regulations for the construction, alteration, removal, demolition, equipment, use and occupancy, location and maintenance of buildings and structures, the International Building Code, 2003 Edition, as recommended by the International Conference of Building Officials, such code being made as a part of the ordinances and code of the city as if the same had been set out in full herein, all as authorized and in the manner prescribed by K.S.A. 12-3009 through 12-3012 including any amendments thereto. No fewer than three copies of the International Building Code, 2003 Edition, shall be marked or stamped "Official Copy as Incorporated by the Code of the City of Arma," and shall be filed with the city clerk to be open to inspection and available to the public at all reasonable hours of business. Any person violating any provision of such code shall be punished as provided in section 1-116 of this code. (Code 2007)

    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 2007)

    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 . The 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 shall prepare such application, permit, inspection and record forms as may be required for the purposes of the article. The may make and promulgate the necessary rules and regulations to obtain conformity ith this article pertaining to the making of applications for building permits, issuing of building permits and inspecting of buildings and building works. (Code 2007)

    4-205

    BUILDING INSPECTOR; APPOINTMENT. The 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 2007)

    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 governing body, 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 keep comprehensive records of applications, of permits or certificates issued, of inspections made, of reports rendered, and of notices or orders issued. Ail such records shall be open to public inspection during stated office hours, but shall not be removed from the office of the building official without his or her written consent. (Code 2007)

    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 2007)

    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 2007)

    4-209

    CLARIFICATION; MODIFICATION,
    (a) The governing body 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 2007)

    4-210

    BUILDING PERMIT REQUIRED; APPLICATION; APPROVAL. 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 dimension thereof, or relocate any building or structure already erected or which may hereafter be erected or remodel any building or structure within the city without a building permit being first obtained therefor 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 work is commenced upon any building or structure or the foundation thereof, or before the removal of any building begins. (Code 2007)

    4-211

    SAME; APPLICATION INFORMATION REQUIRED,
    (a) A building permitshall 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) The class of occupancy;
    (6) The class of construction;
    (7) The kind of materials to be used for walls, floors, ceilings, roofs, and foundations;
    (8) The estimated cost of the work;
    (9) The date work will commence;
    (10) Expected date of completion;
    (11) Name and address of contractor or contractors doing the work;
    (12) 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 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 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 licensed 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) Any permit issued under this section shall be valid and subsisting for a period of not more than six months from the date of issuance unless the permittee 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. (Code 2007)

    4-212

    SAME; PLANS AND SPECIFICATIONS. Whenever an application for a building permit is made, the chief building official may, if he or she finds it necessary to determine whether building 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 building 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 building official may require the applicant to file complete architectural and engineering plans and specifications for such building, 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 building work for conformity with this article. (Code 2007)

    4-213

    SAME; FEES. The fee for a building permit shall be $ , however no fee shall be required to obtain a permit where the total estimated cost, the reasonable value of all services, labor and materials required, is under $ . The fee herein shall be paid to the city clerk upon obtaining a building permit and the same shall be credited to the general operating fund of the city. (Code 2007)

    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 2007)

    4-215

    CERTIFICATE OF APPROVAL. Upon the completion of any work 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 2007)

    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 2007)

    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 2007)

    4-218

    INSPECTION FEE. An initial inspection fee of $ , and an inspection fee of $ for subsequent inspections required shall be paid before any building or construction work will be approved or a certificate of approval issued. (Code 2007)

    4-219

    BUILDER OR BUILDING CONTRACTOR DEFINED,
    (a) A builder or building contractor for purposes of this article shall be any person, firm, co- partnership, corporation, association, or any combination thereof, whether a resident or not of the city: (1) Who or which undertakes with or for another, for a fixed sum, price, fee or any compensation other than wages, to build, construct, alter, repair, add to, wreck or move any building or structure (or any portion thereof), or any sidewalk, driveway entrance or structure in any street, or any advertising sign, panel poster or billboard, or any other structure, in the city, for which a building or construction permit may now or hereafter be required by the laws of the city; or (2) Who or which advertises or represents himself, herself, or itself to the public to have the capacity or ability to undertake, or submit a bid or offer to build, construct, alter, repair, add to or wreck, remove, restore or replace any building, structure or construction work or any portion thereof; or (3) Who or which builds, constructs, alters, adds to or wrecks any buildings or structures either on his or her own or other property for purposes of sale or speculation.
    (b) A builder or building contractor as defined shall not mean or include: (1) Any subcontractor working under the supervision of a general contractor; or (2) Any plumbers, gas fitters, electricians, or other specialized occupation for which special licenses or bonds are required by other city laws; or (3) Any owner or his or her authorized agents or employees making ordinary repairs to his, her or its own building or structure not involving the structural parts of the building for which a permit is not required or on which a contractor, as defined, is not required, employed or engaged to perform; or (4) Any property owner personally performing any improvements, alterations or building construction within or upon his or her own residence and intended for his or her own personal use and permanent occupancy; provided, the owner shall satisfy the building official 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 approval. Personal building construction 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; (5) Any person engaged in construction work not involving a total cost of greater than $ , exclusive of labor. (Code 2007)

    4-220

    BUILDER'S OR BUILDING CONTRACTOR'S LICENSE REQUIRED; BUILDING PERMITS; UNLAWFUL ACTS,
    (a) Each builder or building contractor shall before entering upon any building or construction work subject to regulation by city laws, apply to the city clerk for a builder's or building contractor's license and receive the same as hereinafter provided and have in his or her possession a valid license authorizing him, her or it to engage in the trade or occupation of a builder or building contractor in the city.
    (b) No permit for any building or construction work shall be issued for any such work to be performed by a builder or building contractor, as defined, who has not first obtained a license upon making a proper application and payment of the license fee as required.
    (c) It shall be unlawful for any person, firm, company, association or corporation to enter into a contractor agreement with another so as to bring himself, herself, or itself under the definition of builder or building contractor herein, or to perform any work as a builder or building contractor or any work under a contract for any work involving the construction, wrecking or moving of any building, without first having obtained a builder's or building contractor's license issued by the city. (Code 2007)

    4-221

    SAME; APPLICATION; GRANTING,
    (a) Application for a builder's or building contractor's license shall be made upon a form to be supplied by the city which shall disclose the name of the applicant, his or her place of business in the city (and home office if a nonresident), the kind of contracting work engaged in (as general contracting, roofing, siding, masonry, plastering, lathing, excavating, waterproofing, metal work, foundation work, sign hanging, cement work and painting and paper hanging, house wrecking or moving and the like), the length of time engaged in such work and places where work has been performed within the past two years. The application shall be signed by the builder or building contractor or his or her authorized agent. The applications shall be, by the chief building official, referred to the governing body at its next meeting for action thereon. Such license shall be issued by the city clerk, upon payment of the fees hereinafter provided after approval of the governing body. (Code 2007)

    4-222

    SAME; LICENSE FEES; CONDITIONS; RENEWAL; UNLAWFUL ACTS.
    (a) The following license fees shall be paid for the calendar year or major fraction thereof: (1) General Builder or Building Contractor, who shall qualify to engage in more than one kind of contract work, except house moving, the sum of $ ; (2) Limited Builder or Building Contractor, who shall qualify to engage in not more than one kind of contract work, the sum of $ ; (3) House Wreckers or Movers, the sum of $ ; (4) Sign Hangers and Panel Posters, the sum of $ . Any license issued on or after July 1 of each year shall be issued upon payment of one-half the annual license fee.
    (b) Each such license shall set forth the kind of contract work in which the licensee may engage. The licensee shall display his or her license at any place where he or she may be engaged in contract work or produce the same on demand of any city officer. All licenses shall be renewable annually as in the case of an original license on or before the first day of January of the year for which issued.
    (c) It shall be unlawful for any person, firm or corporation to contract for any kind of work covered by this article without having a valid license issued by the city to perform such contracts. (Code 2007)

    4-223

    BUILDER'S OR BUILDING CONTRACTOR'S BOND REQUIRED; CONDITIONS; APPROVAL; RIGHTS RESERVED,
    (a) Before any license shall be issued, to any builder or building contractor required by this article to obtain a license and pay a fee to the city, the builder or building contractor shall secure and file with the city clerk a good and sufficient corporate surety bond in the principal sum of $ conditioned that the principal named therein shall faithfully and fully observe all laws of the city relating to the business or occupation for which a license is desired and further conditioned to hold and save the city harmless and free of claims for loss or damage to persons or property, or from damage, injury or destruction of property belonging to the city, resulting from, or arising out of, the negligence or failure of the principal or any of his, her or its employees, agents, servants to use due care or diligence respecting any opening or excavation made in, or adjacent to any street, alley or public ground in the city, or any materials stored, placed or used in any such places, or the operation or use of any vehicle, machinery or equipment in the streets, alleys or public grounds in connection with the business or occupation licensed. Each such bond shall be issued by a company authorized to do business in the State of Kansas and shall be executed by an agent of the company residing in the County of Crawford, Kansas and further conditioned that in the event of cancellation or expiration that the company or agent will give 10 days notice of such fact to the city clerk. Each such bond shall be approved as to form by the city attorney and approved as to surety by the city and the approval thereof shall be endorsed on the bond by the city attorney and by the chairperson of the over their signatures.
    (b) Each bond shall be dated to run from the first day of any license issued by the city to the principal and may cover a period of not to exceed two years. No bond shall be renewed by an extension certificate but a new bond shall be filed by the principal for each successive period following the renewal thereof. The city reserves the right to furnish the form of all surety bonds as may be required by this article. (Code 2007)

    4-224

    INSURANCE. In addition to obtaining a corporate surety bond as required by section 4-223 of this article, a builder or building contractor must procure and maintain a liability insurance policy in the amount of $100,000 for the death or injury of any one person and $300,000 for the death or injury of any number of persons in any one accident and $50,000 for property damage in any one accident. Such policies of insurance shall be issued by some insurance company authorized to do business in the State of Kansas. A builder or building contractor may qualify as to the insurance requirements by filing a certificate with the city clerk executed by the resident agent of such company stating that the required policy of insurance has been issued by such company for the purpose required by this article and that such insurer will not cancel the policy except upon giving 30 days notice in writing to the city; and that the certificate shall be filed for an annual period beginning January 1 and ending December 31 of such year. (Code 2007)

    4-225

    LICENSE SUSPENSION; REVOCATION; APPEAL; UNLAWFUL ACTS.
    (a) The license of any builder or building contractor may be suspended temporarily, for a period of not to exceed 30 days at any one time, by the chief building official upon his or her own motion or upon a complaint of the city building inspector. Notice shall be given in writing to such builder or building contractor giving reasonable notice of a time of hearing of the complaint or the matter alleged against such builder or building 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 building 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 building or construction work without a permit where one is required by law; or (5) Wilful disregard of any violation of the building and construction laws, or failure to comply with any lawful order of the city building inspector.
    (b) Any licensee may within 15 days appeal in writing to the governing body from any order of the chief building official suspending his or her license for its final decision thereon. The governing body may upon such hearing terminate such suspension within not more than 30 days thereafter, or may revoke such license. If any license shall be revoked, the builder or building contractor shall not be eligible for a new license during a period of six months thereafter. No fee shall be refunded in event of the suspension or revocation of any contractor's license.
    (c) It shall be unlawful to engage in the occupation or trade of builder or building contractor during the time any license of such builder or building contractor has been suspended or revoked. (Code 2007)

    4-226

    WORK BY PROPERTY OWN ERS. 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 2007)

    4-227

    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 2007)

    4-228

    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 2007)

    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 2007)

    4-302

    ADOPTION OF ELECTRICAL CODE BY REFERENCE. The standard code known as the National Electrical Code of 2002, a publication of the National Fire Protection Association, the same being a standard code for the installation of electrical wiring and apparatus and available in book and pamphlet form is hereby incorporated by reference herein and made a part of this article as authorized and in the manner prescribed by K.S.A. 12-3009:3012. Three copies shall be marked or stamped "Official Copy as Incorporated by the Code of the City of Arma," and shall be filed with the city clerk to be open to inspection and available to the public at all reasonable hours of business. Any person violating any provision of such code shall be punished as provided in section 1-116 of this code. (Code 2007)

    4-303

    ADDITIONAL PROVISIONS. The following sections of this article are in addition to the provisions of the standard code incorporated by reference in section 4-302. (Code 2007)

    4-304

    BUILDING OFFICIAL; AUTHORITY. The or his or her authorized designee shall be responsible for the administration and enforcement of this article and appointment of an electrical inspector in accordance with section 4- 204 of this chapter, which shall apply in a like manner to this article. (Code 2007)

    4-305

    ELECTRICAL INSPECTOR; APPOINTMENT. The may assume the responsibilities of or appoint some qualified officer or employee of the city to be and perform the duties of electrical inspector as may be required, subject to the consent and approval of the governing body. (Code 2007)

    4-306

    SAME; DUTIES. The electrical inspector shall have the following duties:
    (a) To enforce all regulations relating to electrical construction, alteration, repair or removal;
    (b) May permit, with the approval of the governing body, on the basis of duly authenticated reports from recognized sources, the use of new materials or modes of electrical 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 requiring electrical construction 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 keep 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 open to public inspection during stated office hours, but shall not be removed from the office of the building official or electrical inspector without his or her written consent. (Code 2007)

    4-307

    SAME; POWERS. The electrical 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 electrical regulations of the city, subject to the right of any installer or owner to appeal to the governing body. (Code 2007)

    4-308

    SAME; RIGHT OF ENTRY. The electrical 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 2007)

    4-309

    CLARIFICATION; MODIFICATION,
    (a) The governing body shall be the final determiner of the scope and meaning of all provisions of the electrical code which may be unclear, ambiguous, or requiring interpretation.
    (b) The electrical inspector shall have power to modify any of the provisions of the electrical 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 electrical 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 electrical inspector and a signed copy shall be furnished to the applicant. (Code 2007)

    4-310

    ELECTRICAL PERMIT REQUIRED; APPLICATION; APPROVAL,
    (a) Except as provided in subsection
    (b), it shall be unlawful for any person to engage in any electrical construction as defined in section 4-301 within the city without an electrical permit being first obtained therefor 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.
    (b) No electrical permit 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 the issuance of electrical permits come under the scope of other agencies. (Code 2007)

    4-311

    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 estimated cost of the work;
    (8) The date work will commence;
    (9) Expected date of completion;
    (10) Name and address of electrical contractor or contractors doing the work;
    (11) Such other information as may be pertinent to the issuance of the required 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.
    (d) Any permit issued under this section shall be valid and subsisting for a period of not more than six months from the date of issuance unless the permittee shall have commenced, within the period so limited, the electrical construction work authorized by such permit. Electrical construction work commenced, for the purpose of this section, shall mean the beginning of electrical construction work other than the preparation of plans or the letting of an electrical contract. (Code 2007)

    4-312

    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. If 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 2007)

    4-313

    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. If 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 2007)

    4-314

    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 2007)

    4-315

    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 2007)

    4-316

    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 concealed 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 2007)

    4-317

    INSPECTION FEE. An initial inspection fee of $ , and an inspection fee of $ for subsequent inspections required shall be paid before any electrical installation will be approved or a certificate of approval issued. (Code 2007)

    4-318

    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 2007)

    4-319

    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 2007)

    4-320

    REINSPECTION. The electrical 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 electrical inspector. (Code 2007)

    4-321

    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 governing body, upon the receipt of which the governing body shall at once proceed to determine the facts, and within 10 days from receiving the petition make a decision in accordance with their findings. (Code 2007)

    4-322

    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 2007)

    4-323

    ELECTRICIAN OR ELECTRICAL CONTRACTORS DEFINED,
    (a) An electrician or electrical contractor for purposes of this article shall be any person, firm, co-partnership, corporation, association, or any combination thereof, whether a resident or not of the city:
    (1) Who or which undertakes with or for another, for a fixed sum, price, fee or any other compensation to install, construct, alter, repair, add to, or move any electrical installation or performs any electrical construction work in the city, for which an electrical construction permit may now or hereafter be required by the laws of the city; or
    (2) Who or which advertises or represents himself, herself, or itself to the public to have the capacity or ability to undertake, or submit a bid or offer to install, construct, alter, repair, add to, remove, restore or replace any electrical installation or perform any electrical construction work; or
    (3) Who or which installs, constructs, alters, adds to or removes any electrical installation or performs any electrical construction work either on his or her own or other property for purposes of sale or speculation.
    (b) An electrician or electrical contractor as defined shall not mean or include:
    (1) Any owner or his or her authorized agents or employees making ordinary repairs to his, her or its own building or structure not involving electrical construction and for which a permit is not required or on which an electrician or electrical contractor, as defined, is not required, employed or engaged to perform; or
    (2) Any property owner personally performing any improvements, alterations or electrical construction within or upon his or her own residence and intended for his or her own personal use and permanent occupancy; provided, the owner shall satisfy the electrical 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 approval. Personal electrical construction 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 an electrician or electrical contractor licensed by the city. (Code 2007)

    4-324

    ELECTRICIAN'S OR ELECTRICAL CONTRACTOR'S LICENSE REQUIRED; ELECTRICAL PERMITS; UNLAWFUL ACTS,
    (a) Each electrician or electrical contractor shall before entering upon any electrical construction work subject to regulation by city laws, apply to the city clerk for an electrician's or electrical contractor's license and receive the same as hereinafter provided and have in his or her possession a valid license authorizing him, her or it to engage in the trade or occupation of electrician or electrical contractor in the city.
    (b) No permit for any electrical construction work shall be issued for any such work to be performed by an electrician or electrical contractor, as defined, who has not first obtained a license upon making a proper application and payment of the license fee as required.
    (c) It shall be unlawful for any person, firm, company, association or corporation to enter into a contract or agreement with another so as to bring himself, herself, or itself under the definition of an electrician or electrical contractor herein, or to perform any work as an electrician or electrical contractor or any work under a contract for any work involving electrical construction, without first having obtained an electrician's or electrical contractor's license issued by the city. (Code 2007)

    4-325

    SAME; APPLICATION; GRANTING,
    (a) Application for an electrician's or electrical contractor's license shall be made upon a form to be supplied by the city which shall disclose the name of the applicant, his or her place of business in the city (and home office if a nonresident), the kind of contracting work engaged in the length of time engaged in such work and places where work has been performed within the past two years. The application shall be signed by the electrician or electrical contractor or his or her authorized agent. The applications shall be, by the chief building official referred to the governing body at its next meeting for action thereon. Such license shall be issued by the city clerk, upon payment of the fees hereinafter provided after approval of the governing body. (Code 2007)

    4-326

    SAME; LICENSE FEES; CONDITIONS; RENEWAL; UNLAWFUL ACTS.
    (a) The following license fees shall be paid for the calendar year or major fraction thereof: (1) General Electrician or Electrical Contractor, who shall qualify to engage in more than one kind of electrical construction work, the sum of $ ; (2) Limited Electrician or Electrical Contractor, who shall qualify to engage in not more than one kind of electrical construction work, the sum of $ ; Any license issued on or after July 1 of each year shall be issued upon payment of one-half the annual license fee.
    (b) Each such license shall set forth the kind of electrical construction work in which the licensee may engage. The licensee shall display his or her license at any place where he or she may be engaged in contract work or produce the same on demand of any city officer. All licenses shall be renewable annually as in the case of an original license on or before the first day of January of the year for which issued.
    (c) It shall be unlawful for any person, firm or corporation to contract for any kind of work covered by this article without having a valid license issued by the city to perform such contracts. (Code 2007)

    4-327

    ELECTRICIAN'S OR ELECTRICAL CONTRACTOR'S BOND REQUIRED; CONDITIONS; APPROVAL; RIGHTS RESERVED,
    (a) Before any license shall be issued to any electrician or electrical contractor required by this article to obtain a license and pay a fee to the city, the electrician or electrical contractor shall secure and file with the city clerk a good and sufficient corporate surety bond in the principal sum of $ conditioned that the principal named therein shall faithfully and fully observe all laws of the city relating to the business or occupation for which a license is desired and further conditioned to hold and save the city harmless and free of claims for loss or damage to persons or property, or from damage, injury or destruction of property belonging to the city, resulting from, or arising out of, the negligence or failure of the principal or any of his, her or its employees, agents, servants to use due care or diligence respecting any opening or excavation made in, or adjacent to any street, alley or public ground in the city, or any materials stored, placed or used in any such places, or the operation or use of any vehicle, machinery or equipment in the streets, alleys or public grounds in connection with the business or occupation licensed. Each such bond shall be issued by a company authorized to do business in the State of Kansas and shall be executed by an agent of the company residing in the County of Crawford, Kansas and further conditioned that in the event of cancellation or expiration that the company or agent will give 10 days notice of such fact to the city clerk. Each such bond shall be approved as to form by the city attorney and approved as to surety by the city and the approval thereof shall be endorsed on the bond by the city attorney and by the chairperson of the over their signatures.
    (b) Each bond shall be dated to run from the first day of any license issued by the city to the principal and may cover the period of not to exceed two years. No bond shall be renewed by an extension certificate but a new bond shall be filed by the principal for each successive period following the renewal thereof. The city reserves the right to furnish the form of all surety bonds as may be required by this article. (Code 2007)

    4-328

    INSURANCE. In addition to obtaining a corporate surety bond as required by section 4-327 of this article, an electrician or electrical contractor must procure and maintain a liability insurance policy in the amount of $100,000 for the death or injury of any one person and $300,000 for the death or injury of any number of persons in any one accident and $50,000 for property damage in any one accident. Such policies of insurance shall be issued by some insurance company authorized to do business in the State of Kansas. An electrician or electrical contractor may qualify as to the insurance requirements by filing a certificate with the city clerk executed by the resident agent of such company stating that the required policy of insurance has been issued by such company for the purpose required by this article and that such insurer will not cancel the policy except upon giving 30 days notice in writing to the city; and that the certificate shall be filed for an annual period beginning January 1 and ending December 31 of such year. (Code 2007)

    4-329

    LICENSE SUSPENSION; REVOCATION; APPEAL; UNLAWFUL ACTS.
    (a) The license of any electrician or electrical contractor may be suspended temporarily, for a period of not to exceed 30 days at any one time, by the chief building official upon his or her own motion or upon a complaint of the city electrical 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 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) Wilful disregard of any violation of the electrical construction laws, or failure to comply with any lawful order of the city electrical inspector.
    (b) Any licensee may within 15 days appeal in writing to the governing body from any order of the chief building official suspending his or her license for its final decision thereon. The governing body may upon such hearing terminate such suspension within not more than 30 days thereafter, or may revoke such license. If any license shall be revoked, the electrician or electrical contractor shall not be eligible for a new license during a period of six months thereafter. No fee shall be refunded in event of the suspension or revocation of any electricians or electrical contractor's license.
    (c) 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 2007)

    4-330

    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, 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 2007)

    4-331

    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, 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 2007)

    4-332

    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 2007)

    4-333

    SEVERABILITY. If any section of the National 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 National 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 2007)

    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 2007)

    4-402

    UNIFORM PLUMBING CODE INCORPORATED. There is hereby adopted and incorporated by reference, for the purpose of establishing rules and regulations for the practice of plumbing and gas-fitting, including the installation, maintenance, extension and alteration of all pipes, fixtures, appliances and appurtenances in connection with sanitary sewers and public and private water and fuel gas systems, the Uniform Plumbing Code, 2003 Edition, as recommended by the International Association of Plumbing and Mechanical Officials, such code being made as a part of the ordinances and code of the city as if the same had been set out in full herein, all as authorized and in the manner prescribed by K.S.A. 12-3009 through 12-3012 including any amendments thereto. No fewer than three copies of the uniform code shall be marked or stamped "Official Copy as Incorporated by the Code of the City of Arma," and shall be filed with the city clerk to be open to inspection and available to the public at all reasonable hours of business. Any person violating any provisions of such code shall be punished as provided in section 1-116 of this code. (Code 2007)

    4-403

    ADDITIONAL PROVISIONS. The following sections of this article are in addition to the provisions of the standard code incorporated by reference in section 4-402. (Code 2007)

    4-404

    BUILDING OFFICIAL; AUTHORITY. The or his or her authorized designee shall be responsible for the administration and enforcement of this article and appointment of a plumbing inspector in accordance with section 4-204 of this chapter, which apply in a like manner to this article. (Code 2007)

    4-405

    PLUMBING INSPECTOR; APPOINTMENT. The may assume the responsibilities of or appoint some qualified officer or employee of the city to be and perform the duties of plumbing inspector as may be required, subject to the consent and approval of the governing body. (Code 2007)

    4-406

    SAME; DUTIES. The plumbing inspector shall have the following duties:
    (a) To enforce all regulations relating to plumbing construction, alteration, repair or removal;
    (b) May permit, with the approval of the governing body, 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 plumbing permit given and in compliance with the regulations of the city pertaining to such work, including zoning regulations; and
    (d) To keep 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 open to public inspection during stated office hours, but shall not be removed from the office of the building official or plumbing inspector without his or her written consent. (Code 2007)

    4-407

    SAME; POWERS. The plumbing 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 plumbing regulations of the city, subject to the right of any plumber, plumbing contractor or owner to appeal to the governing body. (Code 2007)

    4-408

    SAME; RIGHT OF ENTRY. The plumbing 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 2007)

    4-409

    CLARIFICATION; MODIFICATION,
    (a) The governing body shall be the final determiner of the scope and meaning of all provisions of the plumbing code which may be unclear, ambiguous, or requiring interpretation.
    (b) The plumbing inspector shall have power to modify any of the provisions of the plumbing 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 plumbing 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 plumbing inspector and a signed copy shall be furnished to the applicant. (Code 2007)

    4-410

    PLUMBING PERMIT REQUIRED; EXCEPTION,
    (a) It shall be unlawful to install, alter or reconstruct any plumbing or plumbing system, as defined by the plumbing code and section 4-401, in any building in the city without first making application to and receiving a permit therefor from the city clerk, after approval by 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 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 2007)

    4-411

    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 estimated cost of the work;
    (8) The date work will commence;
    (9) Expected date of completion;
    (10) Name and address of plumber, plumbing contractor or contractors doing the work;
    (11) 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.
    (d) Any permit issued under this section shall be valid and subsisting for a period of not more than six months from the date of issuance unless the permittee shall have commenced, within the period so limited, the plumbing work authorized by such permit. Plumbing work commenced for the purpose of this section shall mean the beginning of plumbing work other than the preparation of plans or the letting of a plumbing contract. (Code 2007)

    4-412

    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 2007)

    4-413

    SAME; FEES. The fee for a plumbing permit shall be $ .however no fee shall be required to obtain a permit where the total estimated cost, the reasonable value of all services, labor and materials required, is under $ . The fee herein shall be paid to the city clerk upon obtaining a plumbing permit and the same shall be credited to the general operating fund of the city. (Code 2007)

    4-414

    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 2007)

    4-415

    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 2007)

    4-416

    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 orcorporation 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 2007)

    4-417

    INSPECTION FEE. An initial inspection fee of $ , and an inspection fee of $ for subsequent inspections required shall be paid before any plumbing will be approved or a certificate of approval issued. (Code 2007)

    4-418

    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 2007)

    4-419

    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 2007)

    4-420

    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 governing body, upon the receipt of which the governing body shall at once proceed to determine the facts, and within 10 days from receiving the petition make a decision in accordance with their findings. (Code 2007)

    4-421

    PLUMBER OR PLUMBING CONTRACTOR; DEFINED,
    (a) A plumber or plumbing contractor shall mean: (1) Any person engaged in the business of installing, altering, maintaining, or repairing plumbing, which shall include all materials and plumbing fixtures, water pipes, portable water treatment equipment, traps, drainage and vent piping, and building drains, including their respective points, connections, devices, receptacles and appurtenances located within the property lines of any premises or in any building. (2) Any gasfitter or person engaged in the business of installing, altering, or repairing fuel gas piping, gas systems or fixtures.
    (b) A plumber or plumbing contractor as defined in subsection
    (a) of this section shall not mean or include the owner of a residence who personally installs plumbing piping or equipment within and upon his or her own residence and intended for his or her own 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 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 plumber or plumbing contractor licensed by the city. (Code 2007)

    4-422

    PLUMBER'S OR PLUMBING CONTRACTOR'S LICENSE REQUIRED; PLUMBING PERMITS; UNLAWFUL ACTS,
    (a) Each plumber or plumbing contractor shall before entering upon any plumbing work subjectto regulation by city laws, apply to the city clerk for a plumber's or plumbing contractor's license and receive the same as hereinafter provided and have in his or her possession a valid license authorizing him, her or it to engage in the trade or occupation of a plumber or plumbing contractor in the city.
    (b) No permit for any plumbing work shall be issued for any such work to be performed by a plumber or plumbing contractor, as defined, who has not first obtained a license upon making a proper application and payment of the license fee as required.
    (c) It shall be unlawful for any person, firm, company, association or corporation to enter into a contract or agreement with another so as to bring himself, herself, or itself under the definition of a plumber or plumbing contractor herein, or to perform any work as a plumber or plumbing contractor or any work under a contract for any work involving plumbing construction, without first having obtained a plumber's or plumbing contractor's license issued by the city. (Code 2007)

    4-423

    SAME; APPLICATION; GRANTING. Application for a plumber's or plumbing contractor's license shall be made upon a form to be supplied by the city which shall disclose the name of the applicant, his or her place of business in the city (and home office if a nonresident), the kind of contracting work engaged in, the length of time engaged in such work and places where work has been performed within the past two years. The application shall be signed by the plumber or plumbing contractor or his or her authorized agent. The applications shall be, by the chief building official referred to the governing body at its next meeting for action thereon. Such license shall be issued by the city clerk, upon payment of the fees hereinafter provided after approval of the governing body. (Code 2007)

    4-424

    SAME; LICENSE FEES; CONDITIONS; RENEWAL; UNLAWFUL ACTS.
    (a) The following license fees shall be paid for the calendar year or major fraction thereof: (1) General Plumber or Plumbing Contractor, who shall qualify to engage in more than one kind of plumbing work, the sum of $ ; (2) Limited Plumber or Plumbing Contractor, who shall qualify to engage in not more than one kind of plumbing work, the sum of $ ; Any license issued on or after July 1 of each year shall be issued upon payment of one-half the annual license fee.
    (b) Each such license shall set forth the kind of plumbing work in which the licensee may engage. The licensee shall display his or her license at any place where he or she may be engaged in plumbing work or produce the same on demand of any city officer. All licenses shall be renewable annually as in the case of an original license on or before the first day of January of the year for which issued.
    (c) It shall be unlawful for any person, firm or corporation to contract for any kind of work covered by this article without having a valid license issued by the city to perform such contracts. (Code 2007)

    4-425

    PLUMBER'S OR PLUMBING CONTRACTOR'S BOND REQUIRED; CONDITIONS; APPROVAL; RIGHTS RESERVED,
    (a) Before any license shall be issued to any plumber or plumbing contractor required by this article to obtain a license and pay a fee to the city, the plumber or plumbing contractor shall secure and file with the city clerk a good and sufficient corporate surety bond in the principal sum of $ conditioned that the principal named therein shall faithfully and fully observe all laws of the city relating to the business or occupation for which a license is desired and further conditioned to hold and save the city harmless and free of claims for loss or damage to persons or property, or from damage, injury or destruction of property belonging to the city, resulting from, or arising out of, the negligence or failure of the principal or any of his, her or its employees, agents, servants to use due care or diligence respecting any opening or excavation made in, or adjacent to any street, alley or public ground in the city, or any materials stored, placed or used in any such places, or the operation or use of any vehicle, machinery or equipment in the streets, alleys or public grounds in connection with the business or occupation licensed. Each such bond shall be issued by a company authorized to do business in the State of Kansas and shall be executed by an agent of the company residing in the County of Crawford, Kansas and further conditioned that in the event of cancellation or expiration that the company or agent will give 10 days notice of such fact to the city clerk. Each such bond shall be approved as to form by the city attorney and approved as to surety by the city and the approval thereof shall be endorsed on the bond by the city attorney and by the chairperson of the over their signatures.
    (b) Each bond shall be dated to run from the first day of any license issued by the city to the principal and may cover the period of not to exceed two years. No bond shall be renewed by an extension certificate but a new bond shall be filed by the principal for each successive period following the renewal thereof. The city reserves the right to furnish the form of all surety bonds as may be required by this article. (Code 2007)

    4-426

    INSURANCE. In addition to obtaining a corporate surety bond as required by section 4-425 of this article, a plumber or plumbing contractor must procure and maintain a liability insurance policy in the amount of $100,000 for the death or injury of any one person and $300,000 for the death or injury of any number of persons in any one accident and $50,000 for property damage in any one accident. Such policies of insurance shall be issued by some insurance company authorized to do business in the State of Kansas. A plumber or plumbing contractor may qualify as to the insurance requirements by filing a certificate with the city clerk executed by the resident agent of such company stating that the required policy of insurance has been issued by such company for the purpose required by this article and that such insurer will not cancel the policy except upon giving 30 days notice in writing to the city; and that the certificate shall be filed for an annual period beginning January 1 and ending December 31 of such year. (Code 2007)

    4-427

    LICENSE SUSPENSION; REVOCATION; APPEAL; UNLAWFUL ACTS.
    (a) The license of any plumber or plumbing contractor may be suspended temporarily, for a period of not to exceed 30 days at any one time, by the chief building official upon his or her own motion or upon a complaint of the city 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 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) Wilful disregard of any violation of the plumbing laws, or failure to comply with any lawful order of the city plumbing inspector.
    (b) Any licensee may within 15 days appeal in writing to the governing body from any order of the chief building official suspending his or her license for its final decision thereon. The governing body may upon such hearing terminate such suspension within not more than 30 days thereafter, or may revoke such license. If any license shall be revoked, the plumber or plumbing contractor shall not be eligible for a new license during a period of six months thereafter. No fee shall be refunded in event of the suspension or revocation of any plumber's or plumbing contractor's license.
    (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 2007)

    4-428

    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 or the superintendent of streets. (Code 2007)

    4-429

    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, 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 2007)

    4-430

    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 2007)

    4-431

    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 2007)

    4-432

    SEVERABILITY. If any section of the Uniform 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 Uniform 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 2007)

    ARTICLE 5 - Moving Buildings

    4-501

    BUILDING OFFICIAL; AUTHORITY. The 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 2007)

    4-502

    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 eight 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 therefor. (K.S.A. 17-1914; Code 2007)

    4-503

    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. (K.S.A. 17-1915; Code 2007)

    4-504

    SAME; BOND, INSURANCE REQUIRED,
    (a) It shall be the duty of any person at the time of making application for a permit as provided in this article to give a good and sufficient surety bond to the city, to be approved by the governing body, indemnifying the city against any loss or damage resulting from the failure of any such person to comply with the provisions of this article or for any damage or injury caused in moving any such house or structure. The bond herein shall be in the sum of $5,000, or cash may be deposited in lieu of such surety bond.
    (b) A public liability insurance policy issued by an insurance company authorized to do business in the State of Kansas, in the amount of $100,000 per person, $300,000 per accident as to personal injury, and $50,000 property damage may be permitted in lieu of a bond. (Code 2007)

    4-505

    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 not less than $5.00 to the city clerk; plus the additional cost for the time for any city crews involved in such moving. (Code 2007)

    4-506

    CONTRACTOR; LICENSE REQUIRED; FEE. The provisions of sections 4-219:225 of this chapter shall apply in a like manner to this article. (Code 2007)

    4-507

    ROUTE; DUTIES OF BUILDING OFFICIAL. The city clerk shall, upon filing of the above application, refer the same to the chief building official or his or her authorized designee 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 building official 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 2007)

    4-508

    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 2007)

    4-509

    DUTY OF OWNERS,
    (a) It shall be the duty of the person or the city owning or operating such poles orwires 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.
    (b) The owner of any wires, cables or other aerial equipment, after service of notice as provided in section 4-508, shall be liable to the permit holder for damages in an amount not to exceed $100.00 per day for each day the owner shall fail or refuse to accommodate the permit holder's moving operations. (K.S.A. 17-1917; Code 2007)

    4-510

    INTERFERING WITH POLES; WIRES. It shall be unlawful for any person engaged in moving any house or other structure to raise, cut or in any way interfere with any wires or poles bearing wires or any other aerial equipment. (K.S.A. 17-1918; Code 2007)

    4-511

    DISPLAY OF LANTERNS. 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 red lanterns thereon in such a manner as to show the extreme height and width thereof from sunset to sunrise. (Code 2007)

    ARTICLE 6 - Dangerous and Unfit Structures

    4-601

    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. (Ord. 464, Sec. 1; K.S.A. 12-1751; Code 2007)

    4-602

    DEFINITIONS. For the purpose of this article, the following words and terms shall have the following meanings:
    (a) Public Officer - means the Fire Chief and Building Inspector or his or her authorized representative.
    (b) 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. (Ord. 464, Sec. 2; K.S.A. 12-1750; Code 2007)

    4-603

    PUBLIC OFFICER; DUTIES. The enforcing 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 enforcing officer may seek an order for this purpose from a court of competent jurisdiction;
    (c) Report all structures which 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. (Ord. 464, Sec. 3; Code 2007)

    4-604

    PROCEDURE; PETITION. Whenever a petition is filed with the enforcing officer by at least five residents charging that any structure is dangerous, unsafe or unfit for human habitation, or whenever it appears to the enforcing 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. (Ord. 464, Sec. 4; Code 2007)

    4-605

    PROCEDURE; PETITION. Whenever a petition is filed with the enforcing officer by at least five residents charging that any structure is dangerous, unsafe or unfit for human habitation, or whenever it appears to the enforcing 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. (Ord. 464, Sec. 4; Code 2007)

    4-606

    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." (Ord. 464, Sec. 6; K.S.A. 12-1752; Code 2007)

    4-607

    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 the notice of hearing. The resolution shall fix a reasonable time within which the repair or removal of such structure shall be commenced 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. (Code 2007)

    4-608

    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. (Ord. 464, Sec. 8; Code 2007)

    4-609

    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 enforcing 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 enforcing officer may cause the structure to be removed and demolished. (Ord. 464, Sec. 9; Code 2007)

    4-610

    SAME; MAKE SITE SAFE. Upon removal of any structure, the owner shall fill any basement or other excavation located upon the premises and take any other action necessary to leave the premises in a safe condition. If the owner fails to take such action, the enforcing officer may proceed to make the site safe. (Ord. 464, Sec. 10; Code 2007)

    4-611

    ASSESSMENT OF COSTS,
    (a) The costto the city of any repairs, alterations, improvements, vacating, removal or demolition by the enforcing 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 by restricted mail of the cost of removing the structure and making the premises safe and secure. The notice shall also state that payment of the 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 be 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 stated 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 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 and who shall extend the same on the tax rolls 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 city 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 cost and applicable interest has been paid in full.
    (e) If there is no salvage material, or if the moneys received from 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 pay the costs of the work and the costs of providing notice, such costs or any portion thereof in excess of that received from the sale of salvage or any insurance proceeds may be financed, until the costs are paid, out of the general fund or by the issuance of no-fund warrants. (K.S.A. 12-1755; Code 2007)

    4-612

    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 enforcing 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 4-611. (Ord. 464, Sec. 12; K.S.A. 12-1756; Code 2007)

    4-613

    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 enforcing officer from carrying out the provisions of the order pending final disposition of the case. (Code 2007)

    4-614

    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. 12-1750:1756. (Ord. 464, Sec. 14; Code 2007)

  • ARTICLE 1 - General Provisions

    5-101

    LICENSE REQUIRED. It shall be unlawful for any person, firm or corporation, either as principal or agent or employee, to conduct, pursue carry on or operate any calling, trade, profession or occupation in the city without first paying the license fee prescribed and procuring such a license from the city clerk whenever the procuring of the license is required by the city. (Code 2007)

    5-102

    LICENSE REQUIRED. It shall be unlawful for any person, firm or corporation, either as principal or agent or employee, to conduct, pursue carry on or operate any calling, trade, profession or occupation in the city without first paying the license fee prescribed and procuring such a license from the city clerk whenever the procuring of the license is required by the city. (Code 2007)

    5-103

    NOT ASSIGNABLE OR TRANSFERABLE. No license granted by the city shall be assignable or transferable; nor shall such license authorize any person to do business or act under it but the person named therein, nor at more than one place. There shall be no refunds except as specifically provided. (Code 2007)

    5-104

    LICENSE PERIOD; DURATION. Unless otherwise provided, licenses shall commence and endure for a period of one year. Such license shall be renewed on the anniversary date of the purchase of the first license, and shall be purchased prior to the business beginning operation. (Ord. 513, Sec. 3; Code 2007)

    5-105

    EXEMPTION OF FARMERS. No producer or grower, or his or her agents or employees, selling in the city, farm or garden products or fruits grown by him or her in the state shall be required to pay any license fee or occupation tax imposed by any law of this city, and he or she, his or her agents or employees, are hereby exempt from the payment of any such fees or taxes, or the securing of a license. (K.S.A. 12-1617; Code 2007)

    5-106

    LICENSE FEES. Unless otherwise provided, the annual license fee for each occupation, business, or profession shall be as shown in the following schedule:
    (a) Business License Fee - Regardless of the operation of the business, a uniform business license fee in the amount of $20.00 per business shall be purchased annually.
    (b) One Day Business License - A uniform one day temporary business license in the amount of $5.00 per day shall apply to any person or entity desiring to operate or perform business in the City of Arma, Kansas. (Ord. 513, Sees. 1:2; Code 2007)

    5-107

    SAME; WHEN PAYABLE; TIME PERIOD,
    (a) All license fees shall be due and payable before the commencement of a trade, occupation, business or profession for which license fees are required.
    (b) No license shall be issued until the fee is paid.
    (c) Licenses shall be renewed on or before the expiration date of the current licenses.
    (d) If the license prescribed is for an annual, quarterly, monthly, weekly or daily period, the license shall not be issued for any part or fraction of the year, quarter, month, week or day, respectively.
    (e) The license for a day shall expire at midnight. (Ord. 513, Sec. 3; Code 2007)

    5-108

    PAYMENT OF FEES; RECEIPT. The city clerk shall, upon payment of any license fee specified, give a receipt therefor stating the amount paid, the nature of the licenses issued, for what time, and to whom issued, and if possible, the exact location where the business is to be carried on, and the kind of business. (Code 2007)

    5-109

    CONTENTS OF LICENSE. Unless otherwise provided all licenses shall be dated on the date of their issue, and shall state the name of the licensee, the kind of business he or she desires to engage in and the location thereof, the amount paid, and time the license shall expire; and the person having such license shall be authorized to carry on the business therein named. (Code 2007)

    5-110

    RECORD BOOK. The city clerk shall keep a book in which shall be entered the name of each person licensed, his or her address, the date of the license, the purpose for which it is granted, the amount paid therefor, and the time the same shall expire and within 24 hours after any license has expired, the city clerk shall notify the chief of police of such expiration, unless the same shall have been renewed. (Code 2007)

    5-111

    DISPLAY OF LICENSE. All persons doing business in a permanent location are required to have their license conspicuously displayed in their place of business, and all persons to whom licenses are issued not having a permanent place of business are required to carry their licenses with them and any licensee shall present the license for inspection when requested to do so by any citizen or officer of the city. (Code 2007)

    ARTICLE 2 - SOLICITORS, CANVASSERS, PEDDLERS

    5-201

    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 2007)

    5-202

    LICENSE REQUIRED,
    (a) It shall be unlawful for any person to engage in any of the activities defined in the preceding sections of this article, within the corporate limits of the city without then having an unrevoked and unexpired license therefor in his or her possession and issued by the city clerk.
    (b) The governing body may waive the license requirements of this section for any person, firm or corporation exempt from the payment of a license fee under section 5-207
    (d). (Code 2007)

    5-203

    SAME; APPLICATION REQUIRED. Before the city clerk may issue any license required by this article, he or she shall require a sworn application in writing prepared in duplicate on a form to be supplied by the city clerk which shall give the following information:
    (a) Name and description of applicant;
    (b) Permanent home address and full local address of applicant;
    (c) Identification of applicant including drivers license number, date of birth, expiration date of license and description of applicant;
    (d) Identification of vehicle used by applicant including license therefor used by applicant in conducting his or her business;
    (e) A brief description of the nature of the business to be carried on or the goods to be sold and the length of time such applicant has been engaged in the business;
    (f) If employed, the name and address of the employer, together with credentials establishing such relationship, including the authority by the employer authorizing the applicant to represent the employer in conducting business;
    (g) The length of time which business is proposed to be carried on;
    (h) The place where services are to be performed or where the goods or property proposed to be sold or orders taken for the sale thereof are manufactured or produced, where such goods or products are located at the time the application is filed, and the proposed method of delivery; (i) A photograph of the applicant, taken within 90 days prior to the date of making application which picture shall be at least two inches by two inches showing the head and shoulders of the applicant in a clear and distinguishing manner; or in lieu thereof, the fingerprints of the applicant may be taken by the chief of police and filed with the application; Q) A statement as to whether or not the applicant has within two years prior to the date of the application been convicted of any crime, misdemeanor (other than minor traffic violations) or violation of any municipal law regulating peddlers, solicitors or canvassers and giving the nature of the offenses, the punishment assessed therefor, if any, and the city and state where conviction occurred. (k) The applicant's Kansas Sales Tax number. (Code 2007)

    5-204

    ISSUANCE; COUNTY RESIDENTS,
    (a) Except as provided in section 5-209, if the applicant is a current resident of Crawford County, Kansas, upon receipt of an application for a license and payment of the license fee, the city clerk shall issue the license. Such license shall contain the signature and seal of the issuing officer and shall show the name and address of the licensee, the date of issuance and length of time the license shall be operative, and the nature of the business involved. The city clerk shall keep a permanent record of all such licenses issued and submit a copy of such license to the chief of police. The licensee shall carry the license certificate at all times.
    (b) If the applicant is not a current resident of Crawford County, Kansas, a license will not be issued until after investigation and payment of the investigation fee as provided in sections 5-205:206. (Code 2007)

    5-205

    SAME; INVESTIGATION AND ISSUANCE; NON-COUNTY RESIDENT.
    (a) Upon receipt of the above application from an applicant who is not a current resident of Crawford County, Kansas, the city clerk shall refer the same to the chief of police who shall cause an investigation of the facts stated therein to be made within not to exceed five days.
    (b) If as a result of the investigation, the applicant's character or business responsibility is found to be unsatisfactory or the facts stated therein to be untrue, the chief of police shall endorse on such application his or her findings and endorse his or her disapproval of the application and the reasons for the same and shall return the application to the city clerk who then shall notify the applicant that his or her application is disapproved and that no license will be issued.
    (c) If however, the investigation of such application discloses that the character and business responsibility and the facts stated in the application are satisfactory and true, the chief of police shall endorse his or her findings and approval on the application and return the same to the city clerk who shall, upon payment of the license and investigation fees prescribed, issue a license to the applicant to engage in the business described in the application. Such license shall contain the signature and seal of the issuing officer and shall show the name and address of the licensee, the date of issuance and length of time the license shall be operative, and the nature of the business involved. The city clerk shall keep a permanent record of all such licenses issued and submit a copy of such license to the chief of police. The licensee shall carry the license certificate at all times. (Code 2007)

    5-206

    SAME; INVESTIGATION FEE. At the time of filing the application, a fee of $ shall be paid to the city clerk to cover the cost of investigation of the facts stated in the foregoing application. (Code 2007)

    5-207

    LICENSE FEE; TIME LIMITS; EXEMPTIONS,
    (a) Except as provided in subsection
    (c), the fee for the license required pursuant to section 5-202 shall be in the amount of $5.00 per each day, or portion thereof, that the licensee shall operate within the city limits. In no event, however, shall fees in excess of $20.00 be collected from a licensee during any six-month period of time.
    (b) Any such license granted upon application as required hereinabove shall be limited to and effective only on the days set out in the license. Solicitation or sales by any peddler, solicitor or canvasser shall be conducted only between the hours of 8:00 a.m. and 9:00 p.m.
    (c) Persons and firms not having a permanently established place of business in the city, but having a permanently established house-to-house or wholesale business shall receive a license as required by section 5-202 upon the payment of $ for any year, and may make solicitations or sales only between the hours of 8:00 a.m. and 9:00 p.m., or upon invitation at any hour.
    (d) No license fee shall be required of: (1) any person selling products of the farm or orchard actually produced by the seller; (2) any businesses, trades or occupations which are part of fairs or celebrations sponsored by the city or any other governmental subdivision, or the state, or when part of all of the expenses of the fairs or celebrations are paid for by the city, any other governmental subdivision, or the state; and (3) any not-for-profit or charitable organization as determined by the governing body. (K.S.A. 12-1617; Code 2007)

    5-208

    RENEWAL. All licenses issued shall be subject to renewal upon a showing of compliance with sections 5-202:203 of this article within a six month period prior to the renewal date. The city clerk need not require an additional application under section 5-203 or an additional investigation and investigation fee under sections 5- 205:206 unless complaints have been received of violations of the conditions under which any license has heretofore been issued. The city clerk shall not renew or extend any license where there is satisfactory evidence of any grounds for the suspension or revocation of any prior license, and the applicant shall be required to apply for a license as in the case of an original license. (Code 2007)

    5-209

    DENIAL, REVOCATION OR SUSPENSION OF LICENSE; NOTICE,
    (a) The city clerk or chief of police may deny any application or may revoke or suspend for a period of not to exceed 30 days any license issued under this article, for any of the following causes:
    (1) Fraud, misrepresentation or false statement contained in the application for license.
    (2) Fraud, misrepresentation or false statement made in the course of carrying on the business. (3) Any violation of this article.
    (4) Conducting a business as defined in section 5-201 in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the city. Notice of the denial, revocation or suspension of a license shall be given in writing to the applicant or mailed to his or her last known address and the city clerk shall set forth the grounds of such denial, revocation or suspension.
    (5) Conviction of the crime of theft, larceny, fraud, embezzlement or any felony within two years prior to the application date. (Code 2007)

    5-210

    APPEAL TO GOVERNING BODY,
    (a) Any person aggrieved by the action of the chief of police or city clerk in the denial of an application or revocation or suspension of a license as provided in this article, shall have the right of appeal to the governing body.
    (b) Such appeal shall be taken by filing with the city clerk within 14 days after notice of revocation, suspension or denial of the license has been given to or mailed to such applicant's last known address and setting forth the grounds for appeal.
    (c) The governing body shall set a time and place for a hearing on such appeal and notice of such hearing shall be given to the applicant in the same manner as provided herein for notice of denial, revocation or suspension.
    (d) The decision and order of the governing body on such appeal shall be final and conclusive. (Code 2007)

    5-211

    REGULATIONS,
    (a) It shall be unlawful for any licensee to make false or fraudulent statements concerning the quality of nature of his or her goods, wares and merchandise for the purpose of inducing another to purchase the same.
    (b) Licensees are required to exhibit their license at the request of any person to whom they attempt to sell their goods, wares and merchandise or take orders for future delivery of the same. (Code 2007)

    5-212

    USE OF STREETS AND SIDEWALKS. Except when authorized in writing by the city clerk, no peddler, solicitor or canvasser or any other person shall have exclusive right to any location in the public streets for the purpose of selling or soliciting sales, nor shall any person be permitted a stationary location in the public streets, nor shall any person be permitted to operate in the sidewalks and streets within the fire limits of the city or any congested area where his or her operations might impede or inconvenience the public. (Code 2007)

    5-213

    DISTURBING THE PEACE. Except when authorized in writing by the city clerk, no licensee nor any person in his or her behalf, shall use any sound device, including any loud-speaking radio or sound-amplifying system upon any of the streets, alleys, parks or other public places of the city or upon any private premises in the city where sound of sufficient volume is emitted or produced therefrom to be capable of being plainly heard upon the streets, avenues, alleys, parks or other public places, for the purpose of attracting attention to any goods, wares or merchandise which such licensee proposes to sell. (Code 2007)

  • ARTICLE 1 - City Elections

    6-101

    CONDUCT OF ELECTION. The election of city officials shall be conducted in all respects as provided by the laws of Kansas governing the holding of city elections. (K.S.A. 25-2101 et sea.; Code 2007)

    6-102

    CONDUCT OF ELECTION. The election of city officials shall be conducted in all respects as provided by the laws of Kansas governing the holding of city elections. (K.S.A. 25-2101 et sea.; Code 2007)

    6-103

    COMMENCEMENT OF TERMS OF OFFICE; OATH OF OFFICE,
    (a) The term of office for newly elected city officials shall commence with and include the first regular meeting of the governing body following certification of the election by the county election officer.
    (b) Every person elected or appointed to city office, before entering upon the duties of such office, shall take and subscribe an oath or affirmation as specified in K.S.A. 54-106, and amendments thereto, and every such oath or affirmation shall be filed with the city clerk. (K.S.A. 25-2120; Code 2007)

  • ARTICLE 1 - Fire Department

    7-101

    CITY FIRE DEPARTMENT ESTABLISHED; ORGANIZATION. There shall be organized in the City of Arma, Kansas, a company known as the Volunteer Fire Department to consist of able bodied men over eighteen years of age, who shall organize under the provisions of this article and adopt rules and by-laws for their government and who shall be divided into companies to be known and rank as: Hose Company No. 1, and Hose Company No. 2. Each of said companies shall consist of at least 7 men. (Ord.416, Sec. 1; Code 2007)

    7-102

    MEMBERSHIP; FIRE DRILL. Members of the fire department shall all be volunteers. They shall meet at least once each month 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 six consecutive meetings shall automatically become expelled from membership. (Code 2007)

    7-103

    SUPERVISION OF DEPARTMENT; CHIEF,
    (a) Said companies when organized shall be under command of some member of the said department who shall be designated as Chief of the Arma Volunteer Fire Department, who shall be appointed bythe mayor of the City of Anna, by and with the consent of the council. Said appointment shall be made once each year and he shall hold his office for one year from the time of his appointment.
    (b) Each of said companies shall elect annually its own foreman and such other officers as they may see fit subject to approval of the chief as provided in by- laws of the department. (Ord.416, Sec. 2; Code2007)

    7-104

    FIRE CHIEF; POWERS,
    (a) It shall be the duty of the chief of said department to take charge of such apparatus and property as may be furnished and provided for it by the City, and to take proper care of the same at the places provided by the City therefor and to deliver the same to such persons as the council may direct upon order of the council.
    (b) Members of said companies under control and direction of proper officers shall upon an alarm of fire being given, repair to place of such fire in city for extinguishing and preventing spread of fire, and there work and manage such apparatus under the direction of chief or other officer having control and shall be active in extinguishing, suppressing and preventing the spread of fire and shall not retire there from except by permission of officer having chief control and under direction of officer having chief control they shall return all apparatus to its place of keeping and then and there leave the same properly and carefully housed.
    (c) The commanding officer will be held responsible for the conduct of the members of the department and for the care of property of said City. This control shall apply to any citizen at a fire, that is to say, the controlling officer has absolute control of all members of the department and citizens at a fire. It shall be the duty of the Chief or Acting Chief to cause firemen to take proper means for the effectual extinguishment and suppression of fires. (Ord. 416, Sec. 3; Code 2007)

    7-105

    RECORDS,
    (a) It shall be the duty of the Chief of the Fire Department to receive from the City any and all apparatus for use of said department, filing his receipt therefor with the City Clerk, and said chief and foreman shall he held responsible to the City for the proper use and care of said apparatus and property. The chief shall make a report at least once each year and oftener if the council require it, of the condition of the apparatus and the number of men in the department, and make suggestions and recommendations as to the needs of the department as he deems best.
    (b) 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. (Ord. 416, Sec. 4; Code 2007)

    7-106

    ASSISTANT CHIEF. The Chief may appoint one member of the department Assistant Chief whose duty it shall be, in absence of the Chief, to have and exercise full powers of the Chief, the Chief being held responsible for the actions of the Assistant Chief. In absence of the Chief and Assistant Chief, the foreman of the Hose Company No. 1 shall act as Chief and be obeyed as such, and in the absence of the Chief, Assistant Chief and foreman of Hose Company No. 1, the foreman of Hose Company No. 2 shall act as chief and be obeyed as such, and so on in succession thereof. (Ord. 416, Sec. 4; Code 2007)

    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 2007)

    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 2007)

    7-109

    SAME; FIREHOSE. 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 2007)

    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 incase of fire. Nor shall any person fasten to any fire hydrant any guy rope or brace, nor stand any vehicle within 15 feet of any such hydrant. (Code 2007)

    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 2007)

    7-112

    EX-OFFICIOSUPERINTENDENT. The mayor of said City shall be Ex-Officio Superintendent of the Fire Department. (Ord. 416, Sec. 5; Code 2007)

    7-113

    MEETING QUARTERS. The Fire Department shall have free use of the quarters furnished by the City with free use of lights and fuel for the place of meeting. (Ord. 416, Sec. 6; Code 2007)

    ARTICLE 2 - Fire Prevention

    7-201

    FIRE PREVENTION CODE INCORPORATED. There is hereby adopted by the governing body of the city, for the purpose of prescribing regulations, governing conditions hazardous to life and property from fire or explosion, that certain code and standards known as the Uniform Fire Code, edition of 2003, including all the Appendix chapters, and the Uniform Fire Code Standards, and the National Fire Codes of the National Fire Protection Association (NFPA) 2003 and amendments hereafter, Fire Protection Association (NFPA) 2003 land amendments hereafter, published by the Western Fire Chiefs Association and the International Conference of Building Officials, being particularly the 2003 editions thereof and the whole thereof, save and except such portions as hereinafter deleted, modified or amended by section 7-203 of this article three copies which Code and Standards have been and are now filed in the office of the clerk of the City of Arma, Kansas, and the same are hereby adopted and incorporated as fully as if set out at length herein, and from the date on which this ordinance shall take effect, the provisions thereof shall be controlling within the limits of the city. (Code 2007)

    7-202

    SAME; ENFORCEMENT. The code hereby adopted shall be enforced by the chief of the fire department. (Code 2007)

    7-203

    SAME; AMENDMENTS,
    (a) Wherever the word municipality is used in the code hereby adopted, it shall be held to mean the City of Arma.
    (b) All sections of the Uniform Fire Code relating to fireworks are hereby deleted in their entirety. (Code 2007)

    7-204

    SAME; AMENDMENTS,
    (a) Wherever the word municipality is used in the code hereby adopted, it shall be held to mean the City of Arma.
    (b) All sections of the Uniform Fire Code relating to fireworks are hereby deleted in their entirety. (Code 2007)

    7-205

    STACKING OF HAY OR STRAW. It shall be unlawful for any person to deposit, stack or store any hay or straw within 500 feet of any building located inside the fire limits of the city. (Code 2007)

    7-206

    KEEPING OF PACKING MATERIALS. It shall be unlawful to keep excelsior or other packing material in any other than metal or wood metal line boxes or bins having self closing or automatic covers. All refuse and trash from rooms where packing or unpacking is done shall be removed daily. (Code 2007)

    7-207

    STORAGE OF ASHES. It shall be unlawful to store ashes inside of any Non fireproof building unless they are stored in a noncombustible container or receptacle, and a clearance of at least five feet shall be maintained between such container or receptacle and any combustible materials not placed therein. Ashes shall not be stored outside of any building in wooden, plastic, or paper product receptacles or dumped in contact with or in close proximity to any combustible materials. (Code 2007)

    7-208

    FILLING GASOLINETANKS OF MOTOR VEHICLES. The engines of motor vehicles shall be stopped when the gasoline tanks of such vehicles are being filled with gasoline at service stations or other places where gasoline is supplied to motor vehicles. The driver or person in control of such vehicle when the gasoline tank of same is being filled who refuses, neglects or fails to stop the engine of such vehicle shall likewise be guilty of a violation of this code. (Code 2007)

    7-209

    FIRE HAZARDS GENERALLY. It is unlawful for any person to cause or create anywhere within the city, or to permit on any premises under his or her control, any situation or condition that is conducive to or likely to cause or permit the outbreak of fire or the spreading of fire. Any situation or condition conducive to the outbreak of or spreading of fire, is declared to be a fire hazard. The violation of or failure to comply with any law pertaining to the storage, handling or use of inflammable oils, explosives, liquefied petroleum gases, or fertilizers and all wires and other conductors charged with electricity, is declared to be a fire hazard. The placing of stools, chairs or any other obstruction in the aisles, hallways, doorway, or exit of any theater, public hall, auditorium, church or other place of indoor public assemblage, or the failure to provide any such place of public assemblage with sufficient, accessible and unobstructed fire exits and escapes is also declared to be a fire hazard. The obstruction of any street, avenue, alley, fire hydrant or any other condition that might delay the fire department in fighting fire is declared to be unlawful. (Code 2007)

    7-210

    SAME; INSPECTIONSTO DISCOVER. It shall be the duty of the fire chief to inspector cause to be inspected by fire department officers or members, as often as may be necessary all buildings, particularly all mercantile buildings, manufacturing plants, warehouses, garages, hotels, boarding houses, rooming houses, theaters, auditoriums and all places of public assemblage, for the purpose of discovering the violation of any fire preventive law or any fire hazard and ascertaining and causing to be corrected any conditions liable to cause fires and to see that all places of public assemblage, hotels and rooming houses have sufficient and unobstructed facilities for escape there from in case of fire. (Code 2007)

    7-211

    ABATEMENT OF FIREHAZARDS; ISSUINGORDER. Whenever any officer or member of the fire department shall find or discover any fire hazard or shall find in any building or upon any premises combustible or explosive material or dangerous accumulation of rubbish or unnecessary accumulation of paper, boxes, shavings or any other inflammable material, so situated as to endanger property by the probability of fire, or shall find or discover any violation of this chapter or any other law hazardous to public safety from fires, the fire chief shall order the fire hazard or danger from the fire forthwith abated and remedied and such order shall be complied with immediately by the owner or occupant of such buildings or premises. If the hazard or condition ordered abated and remedied is a violation of, or a failure to comply with any law, the fire chief shall report the matter to the city attorney and he or she shall, if he or she deems it advisable, prosecute the offender. (Code 2007)

    7-212

    SAME; SERVICE OF ORDER; RECORDS. Any order made under section 7- 212 shall be in writing and may be served personally upon the owner or occupant of the premises or by leaving it with any person in charge of the premises or if the premises are unoccupied and the owner is a nonresident of the city, then by mailing a copy to the owner's last known post-office address. One notice to either the occupant or owner shall be sufficient. The fire chief shall keep a record of and copies of all such orders and notices and shall follow up such notices at the expiration of the time for compliance therewith and when complied with make proper entry, and if not complied with, file complaint with the municipal court against the property owner and/or occupant. (Code 2007)

    ARTICLE 3 - Open Burning

    7-301

    RESTRICTIONS ON OPEN BURNING. It shall be unlawful for any person, firm or corporation to burn any sweepings, trash, lumbers, leaves, straw, papers, grass or other combustible material in any street, alley, yard or upon any lotwithin fire the limits of the City of Arma, Kansas, except in the manner and form as hereinafter provided in this ordinance. For the purposes of this ordinance, fire limits shall be defined as: All the North 100feetofthe Lots inthe North half of Blocks 12,13and 14, and the South 100 feet of the Lots inthe South half of Blocks 7, 8, and 9, in rust, now Arma on Washington Avenue. (Ord. 519, Sec. 1; Code 2007)

    7-302

    APPROVED MANNER OF BURNING. This article shall not prevent the burning of material enumerated in section one of this ordinance, provided that any burning occur between the hours of 1:00 p.m. and 5:00 p.m., and then not within 30 feet of any frame building or within 15 feet of any brick building or in any manner so as to endanger property. (Ord. 519, Sec. 2; Code 2007)

    7-303

    EXCEPTIONS. It shall be unlawful to burn any of the refuse or material enumerated in section one of this ordinance within the fire limits of the City of Arma, Kansas, except in a refuse burner constructed of iron, steel, brick, concrete or stone in a substantial manner which shall be a closed receptacle, with a tight door at bottom, if any opening there, and the opening at top shall be protected in a secure manner by a wire screen of not less than nine gauge wire and not to exceed one inch mesh, if such refuse burner is constructed of iron or steel it shall not be thinner than 14 B.W. gauge. (Ord. 519, Sec. 3; Code 2007)

    7-304

    BURNINGOUTSIDE FIRE LIMITS. It shall be unlawful to burn any refuse or materials enumerated in section one of this article within the City of Arma, Kansas, outside of the fire limits except between the hours of 6:00 a.m. and 6:00 p.m. and then only under the supervision of an adult person. Leaves and small brush may be burned on resident's property only while there is no high wind. (Ord. 519, Sec. 4; Code 2007)

    7-305

    HAZARDOUS MATERIAL. It shall be unlawful to burn, whether opened or contained, within a radius of 100 feet from the property line of any business which sells, distributes, pumps, stores, or handles any explosives, or flammable liquid including, but not limited to, gasoline, kerosene, diesel fuel, or similar material or derivatives thereof. (Ord. 519, Sec. 5; Code 2007)

    7-306

    LANDOWNER DUTIES. It shall be prima facie evidence that a person who owns or controls property upon which open burning occurs has caused or permitted the open burning. (Ord. 519, Sec. 6; Code 2007)

    7-307

    BURNING SUSPENSION. The Chief of the Fire Department or the Chief of Police in the absence of the Fire Chief, may order suspension of any and all burning within the City of Arma as the Chief of the Fire Department determines to  Be in the best interest of the City to protect the public safety and welfare. Notice of the burning suspension shall be deemed given if written notice is delivered to a person or posted in the City Halland published in the city newspaper one time. The withdrawal of the suspension of burning may be given in the same manner. (Ord. 519, Sec. 7; Code 2007)

    7-308

    PENALTY. Any person who shall violate any of the provisions of the ordinance hereby adopted or shall fail to comply therewith, or who shall violate or fail to comply with any order given there under, upon conviction shall be severally for each and every such violation and non-compliance respectfully, be guilty of an unclassified misdemeanor and publishable by a fine not to exceed $500.00 or by imprisonment for not more than thirty (30) days or by both such fine and imprisonment. A convicted offender shall further be liable for any costs associates with the violation including, but not limited to, fire fighting expenses, damages to property, cost of removal of prohibited conditions. Application of the above fine and penalty shall not be held to prevent the enforced removal of prohibited conditions. (Ord. 519, Sec. 8; Code 2007)

    No Reference

    Changes to Open Burning Ordinance: xo so Location: Open burning shall not be conducted within 25 feet of any property line, structure, or combustible material when the pile size is four feet or less in diameter by three feet in height. Any pile larger than four feet in diameter by three feet in height shall be at least 100 feet from any roadway, structure or adjacent property line. Material Restrictions: The open burning of heavy smoke producing material such as heavy oils, roofing materials, tar paper, tires, or other similar materials is prohibited. The material to be burned should be dry before it is burned, must be generated on the property though the normal cleaning of property, and may not be transported from another location to that property. Fire Extinguishing Equipment: A fully charged hose connected to an adequate water supply or other approved fire extinguishing equipment shall be readily available for use at open burning site. Attendance: Burning material shall be constantly attended by an adult familiar with burning limitations which restrict open burning. An attendant shall supervise the burning material until the fire has been extinguished. Discontinuance: Burning shall be discontinued immediately if the Police (City Representatives) determine that smoke emissions are offensive to occupants of surrounding property or if the open burning is determined to constitute a hazardous condition.

    ARTICLE 4 - Fireworks

    7-401

    FIREWORKS, PYROTECHNICS; DEFINED. Pyrotechnics whenever used in this article shall be held to mean any fireworks, firecrackers, sparklers, squibs, rockets, bombs, roman candles, signal lights, torpedoes, rockets, flashlight compositions, toy pistols, toy cannons, detonating canes, blank cartridges, any combustible or explosive devises or compositions of potash, gun cotton, blank powder, yellow or white phosphorous, mercury, yellow potassium, dynamite caps, or other device or composition designed or intended to produce a visible or audible pyrotechnic display, and shall include fire balloons, that is balloons of a type which have burning material of any kind attached thereto. (Ord. 481, Sec. 1; Code 2007)

    7-402

    SALE AND USE OF PYROTECHNICS. It shall be unlawful for any person, firm, or corporation to, in a commercial or wholesale manner, keep, store, use, manufacture, sell, handle or transport, within the City of Arma, any pyrotechnics; and it shall be unlawful for any corporation to, in a retail manner, sell, within the City or Arma, any pyrotechnics. (Ord. 481, Sec. 2; Code 2007)

    7-403

    DISCHARGE ON STREETS AND PUBLIC PROPERTY PROHIBITED. It shall Be unlawful for any person to discharge, ignite or fire any fireworks upon any public street, alley or avenue or in any park or public place within the city. (Code 2007)

    7-404

    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 2007)

    7-405

    AUTHORITY OF FIRE CHIEF. The chief of the fire department is 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 2007)

    7-406

    PENALTY. Every person, partnership or corporation shall, upon conviction for a violation of any of the provisions of this article, be punished by a fine of not more than five hundred dollars ($500.00). The imposition of a penalty for a violation of this article shall not excuse the violation, or permit it to continue; such violation shall be remedied within a reasonable time, and each ten days that such violation is permitted to exist shall constitute a separate offense. The application of the above penalty shall be held to prevent the enforced removal of prohibited conditions. (Ord. 481, Sec. 3; Code 2007)

  • 8-101

    BOARD OF HEALTH CREATED. The board of health shall consist of a city health officer, who shall be a practicing doctor of medicine and two additional members who shall be members of the governing body. The city health officer and the two additional members of the board of health shall be appointed annually by the 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 : Provided, That a member of the governing body appointed to the board of health shall have no right to vote for or against his or her own confirmation. The board shall adopt such rules and regulations as may be necessary to guide its operations. The city clerk shall be secretary of the board but shall have no vote. He or she shall preserve its records, rules and regulations and shall issue all orders and notices which may be required by ordinance or order of the board. (Code 2007)

    8-102

    BOARD OF HEALTH CREATED. The board of health shall consist of a city health officer, who shall be a practicing doctor of medicine and two additional members who shall be members of the governing body. The city health officer and the two additional members of the board of health shall be appointed annually by the 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 : Provided, That a member of the governing body appointed to the board of health shall have no right to vote for or against his or her own confirmation. The board shall adopt such rules and regulations as may be necessary to guide its operations. The city clerk shall be secretary of the board but shall have no vote. He or she shall preserve its records, rules and regulations and shall issue all orders and notices which may be required by ordinance or order of the board. (Code 2007)

    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 therefrom;
    (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. (Ord. 470, Sec. 1; K.S.A. 21-4106:4107; Code 2007)

    8-202

    PUBLIC OFFICER. The Arma City Council shall designate a public officer to be charged with the administration and enforcement of this article. (Ord. 470, Sec. 2; Code 2007)

    8-203

    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. (Ord. 470, Sec. 3; Code 2007)

    8-204

    RIGHT OF ENTRY. The public officer has 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. (Ord. 470, Sec. 4; Code 2007)

    8-205

    ORDER OF VIOLATION,

    (a) The governing body shall serve upon the owner, any agent of the owner of the property or any other person, corporation, partnership or association found by the public officer to be in violation of section 8-201 an order stating the violation. The order shall be served on the owner or agent of such property by certified mail, return receipt requested, or by personal service. If the property is unoccupied and the owner is a nonresident, then by mailing the order by certified mail, return receipt requested, to the last known address of the owner.
    (b) If the owner or the agent of the owner of the property has failed to accept delivery or otherwise failed to effectuate receipt of a notice or order sent pursuant to this section during the preceding twenty-four month period, the governing body of the city may provide notice of the issuance of any further orders to abate or remove a nuisance from such property or provide notice of the order by such methods including, but not limited to, door hangers, conspicuously posting notice of such order on the property, personal notification, telephone communication or first class mail. If the property is unoccupied and the owner is a nonresident, notice provided by this section shall be given by telephone communication or first class mail. (K.S.A. 12-1617e; Code 2007)

    8-206

    SAME; CONTENTS. The order shall state the condition(s) which is (are) in violation of section 8-201. The order shall also inform the person, corporation, partnership or association that

    (a) He, she or they shall have 10 days from the receipt of the order to abate the condition(s) in violation of section 8-201; provided, however, that the governing body [or its designee named in section 8-205] shall grant one or more extensions of the 10 day period if the owner or agent of the property demonstrates that due diligence is being exercised in the abatement of the conditions in violation of section 8-201; or,
    (b) He, she or they have 10 days from the receipt of the order, plus any additional time granted under subsection
    (a), to request a hearing before the governing body or its designated representative of the matter as provided by section 8-209;
    (c) Failure to abate the condition(s) or to request a hearing within the time allowed may result in prosecution as provided by section 8-207 and/or abatement of the condition(s) by the city as provided by section 8-208. (Code 2007)

    8-207

    FAILURE TO COMPLY; PENALTY. Should the person, corporation, partnership or association fail to comply with the order 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. (Ord. 470, Sec. 7; Code 2007)

    8-208

    ABATEMENT. In addition to, or as an alternative to prosecution as provided in section 8-207, the public officer may seek to remedy violations of this article in the following manner. If a person to whom an order has been served pursuant to section 8-205 has neither alleviated the conditions causing the alleged violation nor requested a hearing before the governing body within the time periods specified in section 8-206, 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 8-210. 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) Certified mail, return receipt requested; or
    (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.
    (d) If the owner or the agent of the owner of the property has failed to accept delivery or otherwise failed to effectuate receipt of a notice or order sent pursuant to this section during the preceding twenty-four month period, the governing body of the city may provide notice of the issuance of any further orders to abate or remove a nuisance from such property or provide notice of the order by such methods including, but not limited to, door hangers, conspicuously posting notice of such order on the property, personal notification, telephone communication or first class mail. If the property is unoccupied and the owner is a nonresident, notice provided by this section shall be given by telephone communication or first class mail. (Code 2007)

    8-209

    HEARING. If a hearing is requested within the 10 day period as provided in section 8-206, 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. The hearing shall be held by the governing body or its designated representative 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 or its designated representative. The hearing need not be conducted according to the formal rules of evidence. Upon conclusion of the hearing, the findings of the governing body or its designated representative shall be prepared in resolution form, adopted by the governing body, and the resolution shall be served upon the person in the manner provided in section 8-208. (Ord. 470, Sec. 9; Code 2007)

    8-210

    COSTS ASSESSED. If the city abates or removes the nuisance pursuant to section 8-208, the city shall give notice to the owner or his or her agent by certified mail, return receipt requested, of the total cost of the abatement or removal incurred by the city. The notice shall also state that the payment is due within 30 days following receipt of the notice. The city also may recover the cost of providing notice, including any postage, required by this section. The notice shall also state that if the cost of the removal or abatement is not paid within the 30-day period, the cost of the abatement or removal shall be collected in the manner provided by K.S.A. 12-1,115, and amendments thereto, or shall be assessed as special assessments and charged against the lot or parcel of land on which the nuisance was located and the city clerk, at the time of certifying other city taxes, shall certify the unpaid portion of the costs and the county clerk shall extend the same on the tax rolls 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 city 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 cost and applicable interest has been paid in full. (Code 2007)

    ARTICLE 2 - Environmental Code

    8-2A01

    TITLE. This article shall be known as the "Environmental Code." (Code 2007)

    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 2007)

    8-2A03

    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 2007)

    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 2007)

    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 ordinance; 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 2007)

    8-2A06

    PUBLIC OFFICER. The Arma City Council shall designate a public officer to be charged with the administration and enforcement of this article. (Code 2007)

    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 2007)

    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 2007)

    8-2A09

    ORDER OF VIOLATION,

    (a) The governing body shall serve upon the owner, any agent of the owner of the property or any other person, corporation, partnership or association found by the public officer to be in violation of section 8-2A09 an order stating the violation. The order shall be served on the owner or agent of such property by certified mail, return receipt requested, or by personal service. If the property is unoccupied and the owner is a nonresident, then by mailing the order by certified mail, return receipt requested, to the last known address of the owner.
    (b) If the owner or the agent of the owner of the property has failed to accept delivery or otherwise failed to effectuate receipt of a notice or order sent pursuant to this section during the preceding twenty-four month period, the governing body of the city may provide notice of the issuance of any further orders to abate or remove a nuisance from such property or provide notice of the order by such methods including, but not limited to, door hangers, conspicuously posting notice of such order on the property, personal notification, telephone communication or first class mail. If the property is unoccupied and the owner is a nonresident, notice provided by this section shall be given by telephone communication or first class mail. The order shall state:
    (1) The condition which has caused the violation of this article; and
    (2) That the person in violation shall have:

    (a) 10 days from the receipt of the order to alleviate the exterior conditions (yard) violation; and/or;
    (b) 45 days from the receipt of the order to alleviate the exterior conditions (structure) violation; or in the alternative to subsections (1) and (2) above,
    (c) 10 days from the receipt of the order, plus any additional time granted under subsection
    (c), to request, as provided in section 8-2A12 a hearing before the governing body or its designated representative on the matter; and;
    (c) Provided, however, that the governing body [or its designee named herein] shall grant one or more extensions to the time periods stated in subsections (2) and (3), above, if the owner or agent of the property demonstrates that due diligence is being exercised in the abatement of the conditions which have caused the violation of this article; and,
    (d) 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. (K.S.A. 12-1617e; Code 2007)

    8-2A10

    PENALTY. The public officer 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 $50.00 nor more than $100.00, or by imprisonment, for not more than 30 days, or by both such fine and imprisonment, for each offense. 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. (Code 2007)

    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 an order has been served 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 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 8-2A14. 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) Certified mail, return receipt requested; or
    (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.
    (d) If the owner or the agent of the owner of the property has failed to accept delivery or otherwise failed to effectuate receipt of a notice or order sent pursuant to this section during the preceding twenty-four month period, the governing body of the city may provide notice of the issuance of any further orders to abate or remove a nuisance from such property or provide notice of the order by such methods including, but not limited to, door hangers, conspicuously posting notice of such order on the property, personal notification, telephone communication or first class mail. If the property is unoccupied and the owner is a nonresident, notice provided by this section shall be given by telephone communication or first class mail (Code 2007)

    8-2A12

    HEARING. If a hearing is requested within the 10 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. The hearing shall be held by the governing body or its designated representative as soon as possible after the filing of the request therefor, 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 or its designated representative. The hearing need not be conducted according to the formal rules of evidence. Upon conclusion of the hearing, the findings of the governing body or its designated representative shall be prepared in resolution form, adopted by the governing body, and the resolution shall be served upon the person in the manner provided in section 8-2A11. (Code 2007)

    8-2A13

    APPEALS. Any person affected by any determination of the governing body under sections 8-2A11:2A12 may appeal such determination in the manner provided by K.S.A. 60-2101. (Code 2007)

    8-2A14

    COSTS ASSESSED. If the city abates or removes the nuisance pursuant to section 8-2A11, the city shall give notice to the owner or his or her agent by certified mail, return receipt requested, of the total cost of the abatement or removal incurred by the city. The notice shall also state that the payment is due within 30 days following receipt of the notice. The city also may recover the cost of providing notice, including any postage, required by this section. The notice shall also state that if the cost of the removal or abatement is not paid within the 30-day period, the cost of the abatement or removal shall be collected in the manner provided by K.S.A. 12-1,115, and amendments thereto, or shall be assessed as special assessments and charged against the lot or parcel of land on which the nuisance was located and the city clerk, at the time of certifying other city taxes, shall certify the unpaid portion of the costs and the county clerk shall extend the same on the tax rolls 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 city 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 cost and applicable interest has been paid in full. (Code 2007)

    8-2A15

    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 2007)

    ARTICLE 3 - Junked Motor Vehicles on Private Property

    8-301

    FINDINGS OF GOVERNING BODY. The governing body finds that junked, wrecked, dismantled, inoperative or abandoned vehicles affect the health, safety and general welfare of citizens of the city because they:

    (a) Serves 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. (Ord. 468, Sec. 1; Code 2007)

    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. (Ord. 468, Sec. 2; Code 2007)

    8-303

    NUISANCES UNLAWFUL; DEFINED; EXCEPTIONS. It shall be unlawful for any person to maintain or permit any motor vehicle nuisance within the city.

    (a) A motor vehicle nuisance is 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 city ordinance; or incapable of moving under its own power; or in a junked, wrecked or inoperable condition. Any one of the following conditions shall raise the presumption that a vehicle is junked, wrecked or inoperable;
    (1) Absence of a current registration plate upon the vehicle;
    (2) Placement of the vehicle or parts thereof upon jacks, blocks, or other supports;
    (3) Absence of one or more parts of the vehicle necessary for the lawful operation of the vehicle upon street or highway.
    (b) The provisions of this article shall not apply to:
    (1) Any motor vehicle which is enclosed in a garage or other building;
    (2) To the parking or storage of a vehicle inoperable for a period of 30 consecutive days or less; or
    (3) 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 subsection shall be construed to authorize the maintenance of a public nuisance. (Ord. 468, Sec. 3; Code 2007)

    8-304

    PUBLIC OFFICER. The Arma City Council shall designate a public officer to be charged with the administration and enforcement of this article. (Ord. 468, Sec. 4; Code 2007)

    8-305

    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. (Ord. 468, Sec. 5; Code 2007)

    8-306

    RIGHT OF ENTRY. The public officer has 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. (Ord. 468, Sec. 6; Code 2007)

    8-307

    ORDER OF VIOLATION,

    (a) The governing body shall serve upon the owner, any agent of the owner of the property or any other person, corporation, partnership or association found by the public officer to be in violation of section 8-303 an order stating the violation. The order shall be served on the owner or agent of such property by certified mail, return receipt requested, or by personal service. If the property is unoccupied and the owner is a nonresident, then by mailing the order by certified mail, return receipt requested, to the last known address of the owner.
    (b) If the owner or the agent of the owner of the property has failed to accept delivery or otherwise failed to effectuate receipt of a notice or order sent pursuant to this section during the preceding twenty-four month period, the governing body of the city may provide notice of the issuance of any further orders to abate or remove a nuisance from such property or provide notice of the order by such methods including, but not limited to, door hangers, conspicuously posting notice of such order on the property, personal notification, telephone communication or first class mail. If the property is unoccupied and the owner is a nonresident, noticeprovided by this section shall be given by telephone communication or first class mail. (K.S.A. 12-1617e; Code 2007)

    8-308

    SAME; CONTENTS. The order shall state the condition(s) which is (are) in violation of section 8-303. The notice shall also inform the person, corporation, partnership or association that

    (a) He, she or they shall have 10 days from receipt of the order to abate the condition(s) in violation of section 8-303; or
    (b) He, she or they have 10 days from receipt of the order to request a hearing before the governing body or its designated representative of the matter as provided by section 8-312;
    (c) Failure to abate the condition(s) or to request a hearing within the time allowed may result in prosecution as provided by section 8-309 and/or abatement of the condition(s) by the city as provided by section 8-310. (Ord. 468, Sec. 8; Code 2007)

    8-309

    FAILURE TO COMPLY; PENALTY. Should the person 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 and upon conviction of any violation of provisions of section 8-303, 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. (Ord. 468, Sec. 9; Code 2007)

    8-310

    ABATEMENT. In addition to, or as an alternative to prosecution as provided in section 8-309, the public officer may seek to remedy violations of this article in the following manner. If a person to whom an order has been sent pursuant to section 8-307 has neither alleviated the conditions causing the alleged violation or requested a hearing before the governing body within the time period specified in section 8-308, 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 8-313. 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 certified mail, return receipt requested; or
    (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.
    (d) If the owner or the agent of the owner of the property has failed to accept delivery or otherwise failed to effectuate receipt of a notice or order sent pursuant to this section during the preceding twenty-four month period, the governing body of the city may provide notice of the issuance of any further orders to abate or remove a nuisance from such property or provide notice of the order by such methods including, but not limited to, door hangers, conspicuously posting notice of such order on the property, personal notification, telephone communication or first class mail. If the property is unoccupied and the owner is a nonresident, notice provided by this section shall be given by telephone communication or first class mail. (Code 2007)

    8-311

    DISPOSITION OF VEHICLE; RECOVERY OF VEHICLE,

    (a) Disposition of any motor vehicle removed and abated from private property pursuant to this article shall be as provided by K.S.A. Supp. 8-1102, as amended.
    (b) Any person attempting to recover a motor vehicle impounded as provided in this article, shall show proof of valid registration and ownership of the motor vehicle before the motor vehicle shall be released. In addition, the person desiring the release of the motor vehicle shall pay all reasonable costs associated with the impoundment of the motor vehicle, including transportation and storage fees, prior to the release of the motor vehicle. (Code 2007)

    8-312

    HEARING. If a hearing is requested within the 10 day period as provided in section 8-308, 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. The hearing shall be held by the governing body or its designated representative 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 or its designated representative. The hearing need not be conducted according to the formal rules of evidence. Upon conclusion of the hearing, the findings of the governing body or its designated representative shall be prepared in resolution form, adopted by the governing body, and the resolution shall be served upon the person in the matter provided in section 8-310. (Ord. 468, Sec. 12; Code 2007)

    8-313

    COSTS ASSESSED. If the city abates or removes the nuisance pursuant to section 8-310, the city shall give notice to the owner or his or her agent by certified mail, return receipt requested, of the total cost of the abatement or removal incurred by the city. The notice shall also state that the payment is due within 30 days following receipt of the notice. The city also may recover the cost of providing notice, including any postage, required by this section. The notice shall also state that if the cost of the removal or abatement is not paid within the 30-day period, the cost of the abatement or removal shall be collected in the manner provided by K.S.A. 12-1,115, and amendments thereto, or shall be assessed as special assessments and charged against the lot or parcel of land on which the nuisance was located and the city clerk, at the time of certifying other city taxes, shall certify the unpaid portion of the costs and the county clerk shall extend the same on the tax rolls 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 city 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 cost and applicable interest has been paid in full. (Code 2007)

    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. (Ord. 535, Sec. 1; Code 2007)

    8-402

    DEFINITIONS. Weeds as used herein, means any of the following:

    (a) Brush and woody vines shall be classified as weeds;
    (b) Weeds and grasses which may attain such large growth as to become, when dry, a fire menace to adjacent improved property;
    (c) Weeds which bear or may bear seeds of a downy or wingy nature.
    (d) 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;
    (e) Weeds and 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. (Ord. 535, Sec. 2; Code 2007)

    8-403

    PUBLIC OFFICER; NOTICE TO REMOVE,

    (a) The Arma City Council shall designate a public officer to be charged with the administration and enforcement of this article. The public officer or authorized assistant shall give written notice to the owner, occupant or agent of such property by certified mail, return receipt requested, or by personal service to cut or destroy weeds; provided, however, that if the property is unoccupied and the owner is a nonresident, such notice shall be sent by certified, return receipt requested, to the last known address of the owner. Such notice shall only be given once per calendar year.
    (b) The notice to be given hereunder shall state:
    (1) that the owner, occupant or agent in charge of the property is in violation of the city weed control law;
    (2) that the owner, occupant or agent in control of the property is ordered to cut or destroy the weeds within 10 days of the receipt of the notice;
    (3) that the owner, occupant or agent in control of the property may request a hearing before the governing body or its designated representative within five days of the receipt of the notice or, if the owner is unknown or a nonresident, and there is no resident agent, 10 days after notice has been published by the city clerk in the official city newspaper;
    (4) that if the owner, occupant or agent in control of the property does not cut or destroy the weeds or fails to request a hearing within the allowed time the city or its authorized agent will cut or destroy the weeds and assess the cost of the cutting or destroying the weeds, including a reasonable administrative fee, against the owner, occupant or agent in charge of the property; 
    (5) that the owner, occupant or agent in control of the property will be given an opportunity to pay the assessment, and if it is not paid within 30 days of such notice, it will be added to the property tax as a special assessment;
    (6) that no further notice will be given during the current calendar year prior to the removal of weeds from the property; and,
    (7) that the public officer should be contacted if there are questions regarding the order.
    (c) 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 article. (Code 2007)

    8-404

    ABATEMENT; ASSESSMENT OF COSTS,

    (a) If the owner, occupant or agent in charge of the property has neither alleviated the conditions causing the alleged violation nor requested a hearing within the time periods specified section 8-403, the public officer or an authorized assistant shall abate or remove the conditions causing the violation.
    (b) If the city abates or removes the nuisance pursuant to this section, the city shall give notice to the owner or his or her agent by certified mail, return receipt requested, of the total cost of the abatement or removal incurred by the city. The notice shall also state that the payment is due within 30 days following receipt of the notice. The city also may recover the cost of providing notice, including any postage, required by this section.
    (c) The notice shall also state that if the cost of the removal or abatement is not paid within the 30-day period, the cost of the abatement or removal shall be collected in the manner provided by K.S.A. 12-1,115, and amendments thereto, or shall be assessed as special assessments and charged against the lot or parcel of land on which the nuisance was located and the city clerk, at the time of certifying other city taxes, shall certify the unpaid portion of the costs and the county clerk shall extend the same on the tax rolls 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 city 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 cost and applicable interest has been paid in full. (K.S.A. 12-1617f; Code 2007)

    8-405

    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 article. (Ord. 535, Sec. 5; Code 2007)

    8-406

    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 article. (Ord. 535, Sec. 5; Code 2007)

    8-407

    NOXIOUS WEEDS,

    (a) Nothing in this article shall affect or impair the rights of the city under the provisions of Chapter 2, Article 13 of the Kansas Statutes Annotated, relating to the control and eradication of certain noxious weeds.
    (b) For the purpose of this article, the term noxious weeds shall mean kudzu (Pueraria lobata), field bindweed (Convolvulus arvensis), Russian knapweed (Centaurea picris), hoary cress (Lepidium draba), Canada thistle (Cirsium arvense), quackgrass (Agropyron repens), leafy spurge (Euphorbia esula), burragweed (Franseria tomentosa and discolor), pignut (Hoffmannseggia densiflora), musk (nodding) thistle (Carduus nutans L.), and Johnson grass (Sorghum halepense). (Ord. 535, Sec. 7; K.S.A. 2-1314; Code 2007)

    ARTICLE 5 - Minimum Housing Code

    8-501

    TITLE. This article shall be known as the "Minimum Standard for Housing and Premises Code," and will be referred to herein as "this code." (Code 2007)

    8-502

    GENERAL. Buildings used in whole or in part as a home or residence of a single family or person and every building used in whole or in part as a home or residence of two or more persons or families living in separate apartments and all premises, either residential or non-residential, shall conform to the requirements of this code. (Code 2007)

    8-503

    DECLARATION OF POLICY. The governing body declares the purpose of this code is to protect, preserve, and promote the physical and mental health of the people, investigate and control communicable diseases, regulate privately and publicly-owned structures or dwellings, and all premises for the purpose of sanitation and public health, general appearance, and protect the safety of the people and promote the general welfare by legislation which shall be applicable to all dwellings, structures and premises now in existence or hereafter constructed or developed and which legislation:

    (a) Establishes minimum standards for basic equipment and facilities for light, ventilation and heating, for safety from fire, for the use and location and amount of space for human occupancy, and for safe and sanitary maintenance;
    (b) Establishes standards concerning unsightly and blighted buildings and premises, both residential and non-residential structures.
    (c) Determines the responsibilities of owners, operators and occupants.+
    (d) Provides for the administration and enforcement thereof. (Code 2007)

    8-504

    DEFINITIONS. The following definitions shall apply to the enforcement of this code:

    (a) Basement- shall mean a portion of a building located partly underground, but having less than half its clear floor-to-ceiling height below the average grade of the adjoining ground.
    (b) Cellar - shall mean a portion of a building located partly or wholly underground, and having half or more than half of its clear floor-to-ceiling height below the average grade of the adjoining ground.
    (c) Dwelling - shall mean any building which is wholly or party used or intended to be used for living or sleeping by human occupants: provided, that temporary housing hereinafter defined shall not be regarded as a dwelling.
    (d) Dwelling Unit - shall mean any room or group of rooms located within a dwelling and forming a single habitable unit with facilities which are used, or intended to be used for living, sleeping, cooking and eating.
    (e) Habitable Dwelling - shall mean any structure or part thereof that shall be used as a home or place of abode by one or more persons.
    (f) Habitable Room shall mean a room designed to be used for living, sleeping, eating or cooking purposes, excluding bathrooms, toilet rooms, closets, halls and storage places, or other similar places, not used by persons for extended periods.
    (g) Infestation - shall mean the presence, within or around a dwelling, of insects, rodents, or other pests.
    (h) Multiple Dwelling - shall mean any dwelling containing more than two dwelling units.
    (i) Occupant - shall mean any person, over one year of age, living, sleeping, cooking, or eating in, or having actual possession of, a dwelling unit or rooming unit.
    (j) Operator - shall mean any person who has charge, care, owns, or has control of a premise or of a building or structure or part thereof, in which dwelling units or rooming units are let.
    (k) Owner - shall mean any person, firm, or corporation, who jointly or severally along with others, shall be in actual possession of, or have charge, care and control of any structure or dwelling unit or premises within the city as owner, employee, or agent of the owner, or as trustee or guardian of the estate or person of the title holder, and such person shall be deemed and taken to be the owner or owner of such property within the true intent and meaning of this code and shall be bound to comply with the provisions of this article to the same extent as the record owner and notice to any such person shall be deemed and taken to be a good and sufficient notice as if such person or persons were actually the record owner or owner of such property.
    (l) Person - shall mean and include any individual, firm, corporation, association or partnership.
    (m) Plumbing - shall mean and include all of the following supplied facilities and equipment: gas or fuel pipes, gas or fuel burning equipment, water pipes, garbage disposal units, waste pipes, water closets, sinks, installed dishwashers, lavatories, bathtubs, shower baths, installed clothes- washing machines, catch basins, drains, vents and any other similar supplied fixtures, together with all connections to water, sewer, gas or fuel lines.
    (n) Premise - shall mean any lot or land area, either residential or non- residential, not covered by a structure and which is subject to a city tax in part or in whole.
    (o) Public Officer - shall mean the .
    (p) Rooming House - shall mean any dwelling, or that part of a dwelling containing one or more rooming units in which space is let by the owner or operator to three or more persons who are not husband and wife, son or daughter, mother or father, or sister or brother of the owner or operator.
    (q) Rooming Unit - shall mean any room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping, but not for cooking or eating purposes.
    (r) Refuse. - For the purpose of this article refuse shall include garbage, and trash.
    (1) Garbage - shall mean any accumulation of animal, fruit or vegetable waste matter that attends the preparation of, use of, cooking of, delivering of, or storage of meats, fish, fowl, fruit or vegetable.
    (2) Trash (Combustible). - For the purpose of this article combustible trash shall mean waste consisting of papers, cartons, boxes, barrels, wood and excelsior, tree branches, yard trimmings, wood furniture, bedding and leaves, or any other combustible materials.
    (3) Trash (Non-Combustible). - For the purpose of this article non- combustible trash shall mean waste consisting of metals, tin cans, glass, crockery, other mineral refuse and ashes and street rubbish and sweepings, dirt, sand, concrete scrap, or any other non-combustible material.
    (s) Structure - shall mean anything constructed or erected on the ground or attached to something having a location on the ground.
    (t) Supplied - shall mean paid for, furnished, or provided by or under the control of, the owner or operator.
    (u) Temporary Housing - shall mean any tent, trailer, or other structure used for human shelter which is designed to be transportable and which is not attached to the ground, house or building or another structure, or to any utilities system on the same premises for more than 30 consecutive days, except when located in a mobile home court duly licensed under laws of the city.
    (v) Words - Meanings. - Whenever the words "dwelling," "dwelling unit," "rooming house," "rooming unit," "premises," are used in this article, they shall be construed as though they were followed by the words "or any part thereof." (Code 2007)

    8-505

    DUTY OF OCCUPANT OR OWNER OF OCCUPIED OR UNOCCUPIED BUILDING AND ITS PREMISES OR VACANT PREMISES,

    (a) It shall be the duty of the owner of every occupied or unoccupied dwelling, building and premises or vacant premise, including all yards, lawns and courts to keep such property clean and free from any accumulation of filth, rubbish, garbage, or any similar matter as covered by sections 8-508:509.
    (b) It shall be the duty of each occupant of a dwelling unit to keep in clean condition the portion of the property which he or she occupies and of which he or she has exclusive control, to comply with the rules and regulations, to place all garbage and refuse in proper containers. Where care of the premise is not the responsibility of the occupant then the owner is responsible for violations of this code applicable to the premise.
    (c) If receptacles are not provided by the owner, then the occupant shall provide receptacles as may be necessary to contain all garbage and trash.
    (d) Every occupant of a dwelling containing a single dwelling unit shall be responsible for the extermination of any insects, rodents or other pests therein or on the premises; and every occupant of a dwelling unit in a dwelling containing more than one dwelling unit shall be responsible for such extermination whenever his or her dwelling unit is the unit primarily infested.
    (e) Notwithstanding, the foregoing provisions of this section, whenever infestation is caused by failure of the owner to maintain a dwelling in a vermin proof or reasonable insect-proof condition, extermination shall be the responsibility of the owner and operator.
    (f) Whenever infestation exists in two or more of the dwelling units in any dwelling, or in the shared or public parts of any dwelling containing two or more dwelling units, extermination thereof shall be the responsibility of the owner. (Code 2007)

    8-506

    REGULATIONS FOR THE USE AND OCCUPANCY OF DWELLINGS. No person shall occupy as owner-occupant or let to another for occupancy any dwelling or dwelling unit, for the purpose of living, sleeping, cooking, or eating therein, which does not comply with the following requirements. The following requirements are hereby declared essential to the health and safety of the occupants of such dwelling or dwelling unit:

    (a) Attached Garages or Non-dwelling Areas. All non-dwelling occupancies shall be separated from the dwelling unit by a fire resistant wall and if the dwelling and garage are covered by a common or connecting roof, then the ceiling also must have a fire resistance rating of not less than one hour as defined in the building code.
    (b) Basement or Cellar. The basement or cellar of any dwelling shall be reasonably dry and ventilated and shall be kept free from rubbish accumulation.
    (c) Basement Dwelling Units. The use of basements or cellars for dwelling units is prohibited unless they comply with section 8-506(r) governing ventilation, provided however, if occupied at the time of the passage of this code and if it complies with all other provisions of this code, the public officer may approve less than the required windows, if in his or her opinion, the window area is not detrimental to the occupants.
    (d) Bathing Facilities. Every dwelling unit shall contain within a room which affords privacy to a person in the room, a bathtub or shower in good working condition and properly connected to an approved water and sewer system.
    (e) Boarding and Rooming Houses. No room shall be used for sleeping purposes unless the ceiling height is at least seven feet and there are at least 400 cubic feet of air space for each occupant over six years of age. For sleeping rooms with sloping ceilings, the ceiling height shall be at least seven feet over at least 50 percent of the floor area.
    (1) Bathing facilities shall be provided in the form of a tub or shower for each eight occupants. Separate facilities shall be provided for each sex and plainly marked.
    (2) A flush water closet shall be provided for each six occupants and shall be separated with the separate access from bathing facilities if more than four occupants are served by each. Separate facilities shall be provided for each sex and shall be plainly marked.
    (f) Drainage. All courts, yards or other areas on the premises of any dwelling shall be so graded and drained that there is no pooling of the water thereon. Properly constructed wading and swimming pools and fish ponds are excepted from this section.
    (g) Entrances. (1) There shall be for each dwelling unit a normally used separate access either to a hallway, stairway, or street, which is safe and in good repair.
    (2) A secondary exit to the ground shall be available in case of fire through windows, porch roofs, ladders or any combination that is free of hazard or egress.
    (h) Floor Area. Every dwelling unit shall contain at least 150 square feet of floor space for the first occupant thereof and at least 100 additional square feet of floor space for every additional occupant thereof. The floor space shall be calculated on the basis of total habitable room area, inside measurements. No floor space shall be included in determining habitable room area over which the ceiling is less than seven feet above the floor for the purpose of this subsection.
    (i) Garbage and Trash Receptacles. Every dwelling and every dwelling unit shall be provided with such receptacles, not exceeding 32 gallon capacity, as may be necessary to contain all garbage and trash and such receptacles shall at all times be maintained in good repair.
    (G) Heating. Every dwelling and every dwelling unit shall be so constructed, insulated, and maintained and be provided by owner or occupant with heating units so that it is capable or reaching an air temperature of 70 degrees Fahrenheit under ordinary winter conditions. The chimney of the dwelling or dwelling unit shall be maintained in good order, and the owner of the approved heating equipment shall maintain it in good order and repair.
    (k) Kitchen Sink. In every dwelling unit containing two or more rooms, there shall be at least one kitchen sink with public water under pressure and connected to the public sewer, or if that sewer system is not available, to a sewage disposal system approved by the city health department.
    (l) Lavatory Facilities. Every dwelling unit shall contain within its walls a lavatory basin in good working condition and properly connected to an approved water and sewer system and located in the same room as the required flush water closet or as near to the room as practicable.
    (m) Lighting. Every habitable room shall have a ceiling electric outlet and a duplex outlet in wall or floor, or at least two wall or floor outlets.
    (n) Lighting of Toilets and Bathrooms. Every toilet and every bathroom in every dwelling shall have at least one electric light in either the ceiling or on the wall.
    (o) Plumbing. All plumbing, water closets and other plumbing fixtures in every dwelling or dwelling unit shall be maintained in good working order.
    (p) Privies. All pit privies, privy vaults, "dry hopper" sewer-connected privies and frost-proof closets are hereby declared to be a public nuisance.
    (q) Toilet Facilities. There shall be at least one flush water closet in good working condition for each dwelling unit, which flush water closet shall be located within the dwelling and in a room which affords privacy.
    (r) Ventilation. Every habitable room in a dwelling or dwelling unit shall contain a window or windows openable directly to the outside air and the total area of such window or windows shall be not less than five percent of the floor area of such room. An approved system of mechanical ventilation or air conditioning may be used in lieu of openable windows. Such system shall be capable of providing not less than four air changes per hour, except that in toilet compartments such system shall provide a complete air change every five minutes and be automatically put in operation when the toilet compartment light is in the "on" position.
    (s) Water Heating Facilities. Every dwelling shall have supplied water heating facilities which are installed in an approved manner and are maintained and operated in a safe and good working condition and are properly connected with the hot water lines to the kitchen sink, lavatory and bathtub or shower.
    (t) Windows and Doors. Every window and exterior door shall be reasonably weather-tight, lockable, and rodent-proof and shall be kept in good working condition and good repair. (Code 2007)

    8-507

    MAINTENANCE AND REPAIR; DWELLINGS. Every dwelling and every part thereof shall be maintained in good repair by the owner or agent and be fit for human habitation. The roof shall be maintained so as not to leak and all rainwater shall be drained therefrom so as not to cause dampness in the walls or ceilings. All floors, stairways, doors, porches, windows, skylights, chimneys, toilets, sinks, walls, and ceilings shall be kept in good repair and usable condition. (Code 2007)

    8-508

    DESIGNATION OF UNFIT DWELLINGS. The designation of dwellings or dwelling units as unfit for human habitation and placarding of such unfit dwellings or dwelling units shall be carried out in compliance with the following requirements:

    (a) The Public Officer may determine, or five citizens may petition in writing, that any dwelling unit is unfit for human use or habitation if he, she or they find that conditions exist in such structure which are dangerous or injurious to the health, safety or morals of the occupants of such buildings or other residents of the neighborhood, or which shall have a blighting influence on properties in the area.
    (b) Such Conditions may include the following without limitation:
    (1) Defects therein increasing the hazards of fire, accident, or other calamities.
    (2) Lack of:
    (i) Adequate ventilation.
    (ii) Light.
    (iii) Cleanliness.
    (iv) Sanitary facilities.
    (3) Dilapidation.
    (4) Disrepair.
    (5) Structural defects.
    (6) Overcrowding.
    (7) Inadequate ingress and egress.
    (8) Unsightly appearance that constitute a blight to the adjoining property, the neighborhood or the city.
    (9) Air Pollution.
    (c) Placarding - Order to Vacate. Any dwelling or dwelling unit condemned as unfit for human habitation, and so designated and placarded by the public officer shall be vacated within a reasonable time as so ordered.
    (d) Notice of Violation. Procedures as outlined in section 8-512 are applicable hereto.
    (e) Compliance Required before Reoccupancv. No dwelling or dwelling unit which has been condemned and placarded as unfit for human habitation shall again be used for human habitation until written approval is secured from, and such placard is removed by the public officer.
    (1) The public officer shall remove such placard whenever the defect or defects upon which the condemnation and placarding action were based have been eliminated.
    (2) It shall be unlawful for anyone to let, lease, occupy or permit the occupancy, whether for a consideration or not, of any dwelling so posted and any violation of this provision shall constitute a public offense within the meaning of this code.
    (3) It shall be unlawful for any person to deface or remove the placard from any dwelling or dwelling unit which has been condemned as unfit for human habitation and placarded as such, except the public officer as herein provided, and any violation of this provision shall constitute a public offense within the meaning of this code. (Code 2007)

    8-509

    DESIGNATION OF BLIGHTED PREMISES (RESIDENTIAL AND NON-RESIDENTIAL). The designation of unsightly and blighted premises and elimination thereof shall be carried out in compliance with the following requirements.

    (a) The Public Officer may determine, or five citizens may petition in writing, that if the appearance of a premise is not commencerate with the character of the properties in the neighborhood or otherwise constitutes a blight to the adjoining property or the neighborhood or the city for such reasons as, but not limited to: (1) Dead trees or other unsightly natural growth. (2) Unsightly stored or parked material, equipment, supplies, machinery, trucks or automobiles or parts thereof; vermin infestation, inadequate drainage. (3) Violation of any other law or regulations relating to the use of land and the use and occupancy of the buildings and improvements.
    (b) Notice of Violation. Procedures as outlined in section 8-512 are applicable hereto. (Code 2007)

    8-510

    DESIGNATION OF BLIGHTED BUILDINGS AND PREMISES (NON-RESIDENTIAL).

    (a) Certain Blighted Conditions covered in sections 8-508:509 concerning buildings and premises which are on the tax roll of the city are applicable to all non-residential buildings and premises.
    (b) Notice of Violation. Procedures of notification shall follow those prescribed in section 8-512. (Code 2007)

    8-511

    INSPECTION OF BUILDINGS AND STRUCTURES, AND PREMISES.

    (a) For the Purpose of Determining Compliance with the provisions of this code, the public officer or his or her authorized representative is hereby authorized to make inspections to determine the condition, use, and occupancy of dwellings, dwelling units, rooming units, and the premises upon which the same are located. This requirement is applicable to existing dwellings or buildings.
    (b) The Public Officer is not limited by the conditions in the above paragraph

    (a) where new construction or vacant premises are involved and may make such inspections at any appropriate time.
    (c) The Owner. Operator, and Occupant of every dwelling, dwelling unit, and rooming unit shall give the public officer, or his or her authorized representative, during reasonable hours, free access to such dwelling, dwelling unit, and rooming unit, and its premises, for the purpose of such inspection, examination and survey after identification by proper credentials.
    (d) Every Occupant of a dwelling shall give the owner thereof, or his or her authorized agent or employee, access to any part of such dwelling, or its premises, at all reasonable times, for the purpose of making such repairs or alterations as are necessary to effect compliance with the provisions of this code or with any rule or regulation adopted and promulgated, or any order issued pursuant to the provisions of this code. (Code 2007)

    8-512

    NOTICE OF VIOLATIONS; PROCEDURES,

    (a) Informal Discussion. Whenever the public officer or his or her authorized representative determines that there has been a violation of any provision of this code, the public officer will arrange with the alleged violator for an informal discussion of violations, and whether repair and correction is justified.
    (b) Formal Hearing. If a satisfactory solution to the violations, either by correction, demolition or removal, is not forthcoming, then a legal notice of a formal hearing will be issued according to the following procedures: (1) Shall be in writing. (2) Shall list the violations alleged to exist or to have been committed. (3) Shall provide a reasonable time, but not less than 30 days in any event for the correction of the violations particularized. (4) Shall be addressed to and served upon the owner of the property, the operator of the dwelling, and the occupant of the dwelling unit or the rooming unit concerned, if the occupant is or may be responsible for violation. (5) If one or more persons whom the notice is addressed cannot be found or served after diligent effort to do so, service may be made upon such person or persons by posting a notice in a conspicuous place in or about the dwelling affected by the notice, in which event the public officer or his or her authorized representative shall include in the record a statement as to why such posting was necessary. (6) Delivery shall be by certified mail, return receipt requested, or by personal service. If service is made by certified mail, the public officer or his or her authorized representative shall include in the record a verified statement giving details regarding the mailing. (Code 2007)

    8-513

    PUBLIC OFFICER: AUTHORITY. Forthe purpose of protecting the city against unsightly or blighted premises, also the health, welfare, and safety of the inhabitants of dwellings or dwelling units, the public officer referred heretofore is hereby authorized, with the consent and prior knowledge of the governing body, to enforce provisions of this code and of other laws which regulate or set standards affecting buildings and premises. (Code 2007)

    8-514

    GOVERNING BODY; AUTHORITY. The governing body is hereby authorized:

    (a) To Informally Review all alleged violations as provided in section 8-512
    (a) prior to notification prescribed in section 8-512
    (b).
    (b) To Take Action as prescribed in section 8-512
    (b).
    (c) To Hear Appeals where there is opposition to any order, requirement, decision or determination by the public officer in enforcement of this code as outlined in section 8-518.
    (d) Discretionary Authority may be exercised in specific cases where variance from the terms of the code as: (1) Will not adversely affect the public health, safety or welfare of inhabitants of the city. (2) Is in harmony with the spirit of this code. (3) Where literal enforcement of the code will result in unnecessary hardship. (Code 2007)

    8-515

    ORDER TO CORRECT AND/OR REPAIR, REMOVE OR DEMOLISH. At the time of the placarding and order to vacate specified by section 8-508
    (c) hereof, the public officer shall also issue and cause to be served upon the owner a notice  advising of the option of removal or demolition in lieu of correction and/or repair following the procedures as outlined in section 8-512. (Code 2007)

    8-516

    DEMOLITION BY PUBLIC OFFICER; PROCEDURE AND COSTS,

    (a) Failure to Comply with the order under section 8-515 hereof for the alteration or improvement of such structure, the public officer, with the consent and prior knowledge of the governing body, may cause such condemned structure to be removed or demolished and the premises improved to eliminate the conditions outlined in section 8-509 of the code.
    (b) The Cost of Demolition bv a Public Officer shall be a lien upon the property upon which the cost was incurred and such lien, including as a part thereof an allowance of his or her costs and necessary attorney's fees, may be foreclosed in judicial proceedings in the manner provided or authorized by law for loans secured by liens on real property or shall be assessed as a special assessment upon 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 aforesaid costs and the county clerk shall extend the same on the tax rolls against the lot or parcel of land.
    (c) If the Structure is Removed or Demolished bv the Public Officer he or she shall offer for bids and sell the structure or the materials of such structure. The proceeds of such sale shall be credited against the cost of the removal or demolition and, if there is any balance remaining, it shall be paid to the parties entitled thereto after deduction of costs or judicial proceedings, if any, including the necessary attorney's fees incurred therein, as determined by the court, if involved. (Code 2007)

    8-517

    CONFLICT OF LAWS; EFFECT OR PARTIAL INVALIDITY,

    (a) Conflicts between the provisions of this code and with a provision of any zoning, building, fire, safety, or health ordinance or code of the city, existing on the effective date of this article, the provision shall prevail which establishes the higher standard.
    (b) Conflicts between this article with a provision of any other ordinance or code of the city existing on the effective date of this article which establishes a lower standard, the provisions of this article shall be deemed to prevail and such other laws or codes are hereby declared to be repealed to the extent that they may be found in conflict with this code. (Code 2007)

    8-518

    GOVERNING BODY; APPEALS,

    (a) Any person, firm, or corporation considering themselves aggrieved by the decision of the public officer and who desires to present a formal protest to the governing body shall in writing, request a hearing before the governing body within 10 days after receiving notice of the decision from the public officer, as provided in section 8-512
    (b). Such protest and request for a hearing shall be filed with the office of the city clerk.
    (b) Upon receipt of a protest and request for a hearing, the city clerk shall notify in writing the governing body of such appeal.
    (c) The governing body shall, within 30 days of receipt of protest and request for a hearing, determine a date for the hearing.
    (d) Notice of the date for the hearing shall be sent to the appellant at least 10 days before the hearing.
    (e) Except where an immediate hazard exists as described in section 8-612 of this code, the filing of a protest and request for a hearing before the governing body as specified in subsection

    (a) shall operate as a stay of the enforcement of the public officer's order until such time as the governing body has reached a decision on the matter. (Code 2007)

    8-519

    RIGHT OF PETITION. After exhausting the remedy provided in section 8-518, any person aggrieved by an order issued by the public officer and approved by the governing body after a hearing on the matter, may within 30 days from the date which the order became final petition the district court of the county in which the property is located to restrain the public officer from carrying out the provisions of the order. (Code 2007)

    ARTICLE 6 - Rodent Control

    8-601

    DEFINITIONS. For the purposes of this article, the following words and phrases shall have the following meanings:

    (a) Building. Any structure, whether public or private, that is adapted for occupancy as a residence, the transaction of business, the rendering of professional services, amusement, the display, sale or storage of goods, wares or merchandise or the performance of work or labor, including office buildings, public buildings, stores, theaters, markets, restaurants, workshops and all other houses, sheds and other structures on the premises used for business purposes.
    (b) Occupant. The person that has the use of, controls or occupies any business building or any portion thereof, whether owner or tenant. In the case of vacant business buildings or any vacant portion of a business building, the owner, agent or other person having custody of the building shall have the responsibilities of an occupant of a building.
    (c) Owner. The owner of any building or structure, whether individual, firm, partnership or corporation.
    (d) Rat harborage. Any condition which provides shelter or protection for rats, thus favoring their multiplication and continued existence in, under or outside a structure of any kind.
    (e) Rat-stoppage. A form of rat-proofing to prevent the ingress of rats into buildings from the exterior or from one building to another, consisting essentially of the closing of all openings in the exterior walls, ground or first floors, basements, roofs and foundations, that may be reached by rats from the ground by climbing or by burrowing, with material or equipment impervious to rat-gnawing. (Code 2007)

    8-602

    BUILDING MAINTENANCE. All buildings and structures located within the present or future boundaries of the city shall be rat-stopped, freed of rats and maintained in a rat-stopped and rat-free condition. (Code 2007)

    8-603

    NOTICE TO RAT-STOP; WHEN CltY TO DO WORK. Upon receipt of written notice from the governing body, the owner of any building or structure specified therein shall take immediate measures for the rat-stoppage of such building or structure. The work shall be completed in the time specified in the written notice, which shall be within 15 days, or within the time of any written extension thereof that may have been granted by the governing body. (Code 2007)

    8-604

    FAILURE TO COMPLY. If the owner fails to comply with such written notice or extension, then the governing body is authorized to take such action as may be necessary to completely rat-stop the building or structure at the expense of the owner, and the city clerk shall submit bills for the expense thereof to the owner of the building or structure. If the bills are not paid within 60 days, the city clerk shall certify the amount due to the city treasurer and the charge shall be a lien against the property where the work has been done, and the owner shall be promptly billed therefor. The expense thereof shall include the cost of labor, materials, equipment and any other actual expense necessary for rat-stoppage. (Code 2007)

    8-605

    REPLACE RAT-STOPPAGE. It shall be unlawful for any occupant, owner, contractor, public utility company, plumber or any other person to remove the rat- stoppage from any building or structure for any purpose and fail to restore the same in a satisfactory condition or to make any new openings that are not closed or sealed against the entrance of rats. (Code 2007)

    8-606

    NOTICE TO ERADICATE RATS. Whenever the governing body notifies in writing the owner of any building or structure theretofore rat-stopped as hereinabove defined, that there is evidence of rat infestation of the building or structure, the owner shall immediately institute appropriate measures for freeing the premises so occupied of all rats. Unless suitable measures for freeing the building or structure of rats are instituted within five days after the receipt of notice, and unless continually maintained in a satisfactory manner, the city is hereby authorized to free the building or structure of rats at the expense of the owner thereof and the city clerk shall submit bills for the expense thereof to the owner of the building or structure and if the same are not paid, the city clerk shall certify the amount due from the owner to the city treasurer, and the owner shall be promptly billed therefor. The expense thereof shall include the cost of labor, materials, equipment and any other actual expense necessary for the eradication measures. (Code 2007)

    8-607

    CONDITIONS CONDUCIVE TO HARBORAGE OF RATS,

    (a) All food and feed kept within the city for feeding animals shall be kept and stored in rat-free and rat-proof containers, compartments, or rooms unless kept in a rat-stopped building.
    (b) It shall be unlawful for any person to place, leave, dump or permit to accumulate any garbage or trash in any building or premises so that the same shall afford food and harborage for rats.
    (c) It shall be unlawful for any person to accumulate or to permit the accumulation on any premises or on any open lot any lumber, boxes, barrels, bricks, stone or similar materials that may be permitted to remain thereon and which are rat harborages, unless the same shall be placed on open racks that are elevated not less than 12 inches above the ground, evenly piled or stacked.
    (d) Whenever conditions inside or under any building or structure provide such extensive harborage for rats that the health department deems it necessary to eliminate such harborage, he or she may require the owner to install suitable cement floors in basements or to replace wooden first or ground floors or require the owner to correct such other interior rat harborage as may be necessary in order to facilitate the eradication of rats in a reasonable time and thereby to reduce the cost of such eradication. (Code 2007)

    8-608

    INSPECTIONS. The is empowered to make such inspections and re-inspections of the interior and exterior of any building or structure as in his or her opinion may be necessary to determine full compliance with this article. (Code 2007)

    ARTICLE 7 - Insurance Proceeds Fund

    8-701

    SCOPE AND APPLICATION. The city is hereby authorized to utilize the procedures established by K.S.A. 40-3901 etseq.. 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, arising out of any fire, explosion, or windstorm, 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. (Ord. 474, Sec. 1; Code 2007)

    8-702

    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, caused by or arising out of any fire, explosion, or windstorm, 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. (Ord. 474, Sec. 2; Code 2007)

    8-703

    SAME; ENCUMBRANCES. Prior to final settlement on any claim covered by section 8-702, the insurer or insurers shall contact the county treasurer, Crawford 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, Crawford County, Kansas. (Ord. 474, Sec. 3; Code 2007)

    8-704

    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. (Ord. 474, Sec. 4; Code 2007)

    8-705

    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 section, 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 article. (Ord. 474, Sec. 5; Code 2007)

    8-706

    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 article shall be placed in said fund and deposited in an interest-bearing account. (Ord. 474, Sec. 6; Code 2007)

    8-707

    INSPECTION; INVESTIGATION, REMOVAL OF STRUCTURE,

    (a) Upon receipt of moneys as provided for by this article, 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 20 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 20 days established by subsection
    (b) of this section, 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 30 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 sea., 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 30 days of the receipt of the moneys from the insurance company or companies. (Ord. 474, Sec. 7; Code 2007)

    8-708

    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 ofthatwhich 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. (Ord. 474, Sec. 8; Code 2007)

    8-709

    SAME; DISPOSITION OF FUNDS. If the chief building inspector, with regard to a building or other structure damaged by fire, explosion, or windstorm, 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 8-705

    (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 8-705
    (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. (Ord. 474, Sec. 9; Code 2007)

    8-710

    EFFECT UPON INSURANCE POLICIES. This article 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. (Ord. 474, Sec. 10; Code 2007)n

    8-711

    INSURERS; LIABILITY. Insurers complying with this article or attempting in good faith to comply with this article 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 article, or releasing or disclosing any information pursuant to this article. (Ord. 474, Sec. 11; Code 2007)

  • 9-101

    MUNICIPALCOURT ESTABLISHED. There is hereby established a municipal court for the City of Arma, Kansas. The municipal court shall have jurisdiction to hear and determine cases involving violations of the ordinances of the city. (Code 2007)

    9-102

    SAME; PRACTICE AND PROCEDURE. The Kansas code of procedure for municipal courts, as set forth in K.S.A. 12-4101 etseq. and all acts amendatory or supplemental thereto shall govern the practice and procedure in all cases in the municipal court. (Code 2007)

    9-103

    TIME AND PLACE OF SESSIONS. Municipal court shall be held in the municipal courtroom in the city hall building on such days and at such hours as the municipal judge designates. (Code 2007)

    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 2007)

    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. The judge pro tempore shall receive compensation as shall be provided by ordinance, payable in the same manner as the compensation of the regular municipal judge. 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 2007)

    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 2007)

    9-107

    SAME; SALARY. The municipal judge shall receive a salary as shall be fixed by ordinance. (Code 2007)

    9-108

    COURT CLERK. There is hereby established the office of the clerk of the municipal court of the City of Arma, Kansas, which office shall be filled by appointment by the municipal judge of the municipal court. 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 treasurer 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 ordinance.
    (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. (K.S.A. Supp. 12-4108; Code 2007)

    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 2007)

    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 2007)

    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 2007)

    9-112

    COURT COSTS. Court costs shall be $74.00 in conformity with statutory assessments imposed by the Kansas Legislature. (Ord. 559, Sec. 3; Code 2007)

  • 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 shall be appointed as provided by K.S.A. 15-204. (Code 2007)

    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 2007)

    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 2007)

    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 2007)

    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. After a period of 90 days, such property, except as provided in section 10-203, shall be sold at public auction to the highest bidder and the proceeds after expenses shall be paid to the city general fund. (Code 2007)

    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) In no case shall firearms be sold at public auction.

    (c) Other weapons such as knives, etc., which are deemed to have a legitimate value maybe 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 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.

    (h) Items with a value in excess of $500 may be sold after advertising said item in a general circulation newspaper on at least two occasions. Such sales shall be by closed bid. (Code 2007)

    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 2007)

    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 2007)

    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 2007)

    ARTICLE 3 - Police Fees

    10-301

    FEE FOR POLICE RESPONSES TO PARTY. Definitions. As used in this article, the following terms shall have the following meanings, unless the context clearly indicates that a different meaning is intended:
    Host: The person who owns or is in possession of the property where the party, gathering or event takes place, or the person in charge of the premises, or the person who organized the event. If the host is a minor, then the parents or guardians of that minor will be jointly and severally liable for the fee incurred for police services.
    Party. Gathering or Event: An event involving a group of persons who have assembled or are assembling for a social occasion or for a social activity.
    Police Services Fee: The cost to the city of any special security assignment, including, but not limited to, salaries of police officers while responding to or remaining at the party, gathering or event, the pro rata cost of equipment, the cost of repairing city equipment and property, the cost of any medical treatment of injured police officers, and the cost of reasonable attorney fees.
    Special Security Assignment: The assignment of police officers, services and equipment during a second or subsequent response to the party, gathering or event after the delivery of a written notice to the host that a fee may be imposed for costs incurred by the city for any subsequent police response. (Code 2007)

    10-302

    INITIAL POLICE RESPONSES TO PARTIES, GATHERINGS OR EVENTS. When any police officer responds to any party, gathering or event, and that police officer determines that there is a threat to the public peace, health, safety, or general welfare, the police officer shall issue a written notice to the host or hosts that a subsequent response to that same location or address within 24 hours of the first response shall be deemed a special security assignment rendered to provide security and order on behalf of the party, gathering or event and that the host may be liable for a police services fee as defined in this article. (Code 2007)

    10-303

    SUBSEQUENT POLICE RESPONSES TO PARTIES, GATHERINGS OR EVENTS; LIABILITY. If, after a written notice is issued pursuant to section 10-302, a subsequent police response or responses is necessary to the same location or address within 24 hours of the first response, such response or responses shall be deemed a special security assignment. Persons previously warned shall be jointly and severally liable for a police services fee as defined in this article. The amount of the fee shall be a debt owned to the city by the person or person warned, and if he or she is a minor, his or her parents or guardians shall be jointly and severally liable for the debt. (Code 2007)

    10-304

    COST; COLLECTION. The chief of police shall notify the city treasurer in writing of the performance of a special security assignment, of the name and address of the responsible person or persons, the date and time of the incident, the services performed, the costs and such other information as may be required. The city treasurer shall thereafter cause appropriate billings to be made. (Code 2007)

  • ARTICLE 1 - Uniform Offense Code

    11-101

    INCORPORATING UNIFORM PUBLIC OFFENSE CODE. There is hereby incorporated by reference for the purpose of regulating public offenses within the corporate limits of the City of Arma, Kansas, that certain code known as the "Uniform Public Offense Code," Edition of 2006, prepared and published in book form 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 Public Offense Code shall be marked or stamped "Official Copy as Incorporated by the Code of the City of Arma, Kansas," 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 section, and filed with the city clerk to be open to inspection and available to the public at all reasonable hours. (Ord. 558, Sec. 1; Code 2007)

    11-102

    INCORPORATING UNIFORM PUBLIC OFFENSE CODE. There is hereby incorporated by reference for the purpose of regulating public offenses within the corporate limits of the City of Arma, Kansas, that certain code known as the "Uniform Public Offense Code," Edition of 2006, prepared and published in book form 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 Public Offense Code shall be marked or stamped "Official Copy as Incorporated by the Code of the City of Arma, Kansas," 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 section, and filed with the city clerk to be open to inspection and available to the public at all reasonable hours. (Ord. 558, Sec. 1; Code 2007)

    ARTICLE 2 - Local Regulations

    11-201

    DISCHARGING FIREARMS; EXCEPTIONS; PENALTY,
    (a) It shall be unlawful for any person to discharge or fire any firearm within the corporate limits of the City of Arma, Kansas.
    (b) The provisions of this section shall not apply to the discharging of firearms in any licensed shooting gallery or by a gunsmith in-his trade, or by officers of the law when necessary in the discharge of their official duties.
    (c) Any person convicted of violating this ordinance shall be punished by a fine of not less than Two Hundred Fifty Dollars ($250.00) nor more than Five Hundred dollars ($500.00). (Ord. 443, Sees. 1:2; Code 2007)

    11-202

    UNLAWFUL NOISE. It shall be unlawful for any person to make, continue or cause to be made or continued, or for any person in charge or control of any residence, office, premises or vehicle to allow such residence, office, premises or vehicle to be used by others to make, continue or case to be made or continued, any excessive, unnecessary or unusually loud noise which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of others within the limits of the City. (Ord. 502, Sec. 2; Code 2007)

    11-203

    SAME; SPECIFIC NOISES PROHIBITED; STANDARDS. The following acts, among others, are declared to be loud, excessive and unnecessary noises in violation of this ordinance, but said enumeration shall not be deemed to be exclusive, namely:
    (a) The playing, using, operating, or permitting to be played, used or operated, any radio, receiving set, musical instrument, phonograph, or other machine or device for the producing or reproducing of sound in such manner as to disturb the peace, quiet, repose, and comfort of the neighboring inhabitants or at any time with louder volume than is necessary for convenient hearing for the person or persons who are in the residence, office, or vehicles, or upon the premises, in which such machine or devise is operated. The operation of any such set, instrument, phonograph, machine or device between the hours of twelve (12) o'clock A.M. and seven (7) o'clock A.M. in such a manner as to be plainly audible at a distance of one hundred (100) feet from the residence, office, premises or vehicle in or on which it is located shall be prima facie evidence of a violation of this section.
    (b) Yelling, shouting, whistling or signing on the public streets, alleys or sidewalks, or while on a private or public parking area or parking lot so as to annoy or disturb the peace, quiet, comfort or repose of the persons in any residence, premises, office or hotel. Such yelling, shouting, hooting, whistling or singing between the hours of twelve (12) o'clock A.M. in such a manner as to be plainly audible at a distance of one hundred (100') feet from the boundary of said street, alley, sidewalk, parking area or parking lot shall be prima facie evidence of a violation of this section. (Ord. 502, Sec. 3; Code 2007)

    11-204

    PENALTY. Every person who violates any section of this ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not to exceed one hundred ($100.00) dollars or be imprisoned for a period of time not to exceed ten (10) days, or by both such fine and imprisonment. (Ord. 502, Sec. 4; Code 2007)

    ARTICLE 3 - Curfew

    11-301

    PURPOSE. The governing body has found that there exists within the corporate limits of the City of Arma, a concern over persons under the age of sixteen years of age being out without adequate parental control or care on the streets and in the parks of the City of Arma. It is hereby deemed necessary by the governing body to require or cause of curfew to be invoked in the City of Arma. (Ord. 531, Sec. 1; Code 2007)

    11-302

    DEFINITIONS. For the purpose of this ordinance, this ordinance shall be defined to apply to all persons who have not yet reached their sixteenth birthday. (Ord. 531, Sec. 2; Code 2007)

    11-303

    PUBLIC OFFICERS; DUTIES. The public officers which shall be defined as the City of Arma, Police Department, are hereby authorized to exercise such powers as may be necessary to carry out the purposes of this ordinance, including the following:
    (a) Placing those juveniles in violation of the ordinance under arrest;
    (b) Accompanying the juveniles to their parental homes;
    (c) Making a report and forwarding the report to the Crawford County Attorney's office for appropriate prosecution; (Ord. 531, Sec. 3; Code 2007)

    11-304

    LIMITATIONS. No juveniles shall be outside of parental control or custody after 11:00 p.m. on any day. Outside of parental custody or control shall be defined as any time said juvenile is not at their residence, or should be upon the streets or property of the City of Arma. Juveniles may be at their alternative residence which shall be defined as any residence where persons over the age of eighteen are acting in the stead of the parents. (Ord. 531, Sec. 4; Code 2007)

    11-305

    PENALTY. A violation of this ordinance shall be classified as a Class C violation. (Ord. 531, Sec. 5; Code 2007)

  • ARTICLE 1 - City Parks

    12-101

    CITY LAWS EXTENDED TO PARK. The laws of the city shall extend to and cover all city parks. (Code 2007)

    12-102

    POLICE JURISDICTION OVER PARKS. The city shall have police regulations governing any 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 2007)

    12-103

    DAMAGING PARK PROPERTY. It shall be unlawful for any person, except duly authorized city employees, to willfully or wantonly remove, 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 2007)

    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 2007)

    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 m.p.h. (Code 2007)

    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. (Code 2007)

    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 2007)

    12-108

    CAMPING PROHIBITED; Overnight camping is hereby prohibited in city parks except where posted. (Code 2007)

    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 2007)

    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 2007)

    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 2007)

    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. (Code 2007)

  • 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 governing body and a permit issued for such work by the city clerk. (Code 2007)

    13-102

    SIDEWALK GRADE. Hereafter all sidewalks constructed or reconstructed in the city shall be constructed on the established grade. When the governing body shall order a sidewalk constructed as hereafter provided, the city shall pay the cost of bringing the street to grade for the sidewalk. Where no grade has been established, the owner of abutting property may construct a sidewalk on the natural grade. If the grade has been established, the city clerk shall furnish the property owner with the official grade by reference to a stated distance above or below the street grade. (K.S.A. 12-1801, 12-1807; Code 2007)

    13-103

    SAME; SPECIFICATIONS. Hereafter all sidewalks shall be of single- course construction and shall be constructed and laid in accordance with standard plans and specifications hereby adopted by reference and filed in the office of the city clerk as provided by K.S.A. 12-1802. It shall be unlawful for any person, firm or corporation to construct, reconstruct or repair any sidewalk except as provided by this article. (Code 2007)

    13-104

    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 2007)

    13-105

    SAME; CONDEMNATION, RECONSTRUCTION. When any sidewalk, in the opinion of the governing body, become inadequate or unsafe for travel thereon, the governing body may adopta 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 2007)

    13-106

    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 2007)

    13-107

    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 2007)

    13-108

    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 lotor 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 2007)

    13-109

    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 13-106 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 $1,000entered into bythe city for any such purpose a statutory lien bond required by K.S.A. 60-1111 shall be furnished. (Code 2007)

    13-110

    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 2007)

    13-111

    SAME; EXCEPTION. The governing body 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 governing body. (Code 2007)

    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 city clerk. (Ord. 489, Sec. 1; Code 2007)

    13-202

    SAME; BOND,
    (a) No permit authorized in this article shall be issued until the applicant has given to the city a good and sufficient bond in the sum of $5,000 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. (Ord. 489, Sec. 2; Code 2007)

    13-203

    SAME; FILED. If the application is approved by the city, the city clerk shall issue a permit upon payment of a fee of $5.00. Each permit issued under the provisions of this section shall cover only one specified excavation. (Code 2007)

    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. (Ord. 489, Sec. 3; Code 2007)

    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 warn the traveling public of any construction work thereon or adjacent thereto. (Ord. 489, Sec. 4; Code 2007)

    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.
    (c) In lieu of the city replacing pavement, it may elect to authorize utility companies or contractors to resurface streets or sidewalks with like materials, subject to approval of the street superintendent. (Ord. 489, Sec. 5; Code 2007)

    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 governing body. (Code 2007)

    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 2007)

    13-209

    USINGSTREETS,
    (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 governing body.
    (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 2007)

    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 2007)

    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 2007)

    13-212

    DISCHARGING WATER ON STREETS. It shall be unlawful for any person, firm or corporation to throw or discharge water into any ditch, street, avenue or alley in the city or to cause any water to stand or form pools or to flow in a stream thereon. This section shall not apply to persons cleaning or flushing such streets, avenues or alleys under the authority of the governing body, nor to members of the fire department. (Code 2007)

    13-213

    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 2007)

    13-214

    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 2007)

    13-215

    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 2007)

    13-216

    PENALTY. Any person found to be in violation of any of the provisions of this article shall be punished by a fine not to exceed $500.00. (Ord. 489, Sec. 6; Code 2007)

    ARTICLE 3 - Culverts

    13-301

    CULVERTS; PURPOSE. The governing body has found that there exists within the corporate limits of the city, certain culverts which are impeding the flow of water and resulting in inconvenience and/or damage to adjoining land owners. Itis hereby deemed necessary by the governing body to require or cause the repair, replacement or removal of certain culverts as provided in this ordinance. (Ord. 520, Sec. 1; Code 2007)

    13-302

    SAME; DEFINITIONS. For the purpose of this ordinance, the word;
    (a) Culvert - shall include any pipe or other means of transferring water underneath a roadway or driveway.
    (b) Public officer - shall mean supervisor of the water department. (Ord. 520, Sec. 2; Code 2007)

    13-303

    SAME; PUBLIC OFFICER'S DUTIES. The public officer is hereby authorized to exercise such power as may be necessary to carry out the purpose of this ordinance, including the following:
    (a) Inspect any culvert which appears to be unsafe, dangerous, impeding the flow, collapsed or otherwise unfit for the intended purpose of said culvert;
    (b) To have authority to enter upon such property at reasonable hours for the purpose of making such inspection. Entry shall be made so as to cause the least possible inconvenience to any person in possession of the property. If entry is denied, the public officer may seek an order for the purpose from a court of competent jurisdiction;
    (c) Report all culverts which they deem to be unsafe, unfit, collapsed, or otherwise dangerous for the purpose designed to governing body. (Ord. 520, Sec. 3; Code 2007)

    13-304

    SAME; PROCEDURE. Whenever the public officer reports to the governing body that a culvert is collapsed, unfit, unsafe or dangerous, the governing body by resolution shall fix a time and place at which the owner, the owner's agent, any lien holder of record and any occupant of the premises may appear and show cause why the culvert should not be repaired, replaced or removed. (Ord. 520, Sec. 4; Code 2007)

    13-305

    SAME; HEARING ORDER. If after notice and hearing, the governing body determines the culvert is dangerous, collapsed, unsafe or unfit for the intended purpose, it shall state in the minutes its findings of fact in support of such determination and shall cause of resolution to be published in the city newspaper and a copy mailed to the owners, agents, lien holders of record and occupants by U.S. Mail. The resolution shall fix a reasonable time within which the repair or removal of such culvert shall be commenced and a statement that if the owner or occupant of such structure fails to commence the repair or removal of the culvert within the time stated, or fails to diligently proceed with the repair or removal until the work is completed, the governing body shall cause the culvert to be removed and replaced. (Ord. 520, Sec. 5; Code 2007)

    13-306

    SAME; DUTYOFOWNER. Whenever any culvert within the city shall be found to be dangerous, collapsed, unsafe, or unfit for the intended purpose, it shall be the duty and obligation of the owner of the property to remove or replace said culvert. (Ord. 520, Sec. 6; Code 2007)

    13-307

    SAME; FAILURE TO COMPLY,
    (a) If within the time specified in the resolution, the owner fails to comply with the order to repair, remove, or replace the culvert, the public officer may cause the culvert to be repaired or replaced.
    (b) If within the time specified in the resolution, the owner fails to comply with the order to repair, remove or replace the culvert, the public officer may cause the culvert to be removed and replaced. (Ord. 520, Sec. 7; Code 2007)

    13-308

    SAME; ASSESSMENT OF COSTS,
    (a) The costs to the city of any repair, removal or replacement of the culvert, including the cite preparation, shall be reported to the city clerk.
    (b) The city shall give notice to the owner of the structure by restricted mail of the costs of repair and replacement of the culvert in making the cite safe and secure. The notice shall also state that payment of the cost is due and payable within thirty (30) days following receipt of the notice.
    (c) If the costs remain unpaid after thirty (30) days following receipt of the notice, the city clerk may: (1) If the owner is also the occupant of the premises and has an open account for electricity, water or sewer with the city, the city clerk may apportion the costs over the next four (4) consecutive months and collect one-fourth (1/4) of the costs in each month. Failure to pay a said bill may result in termination of services for water, electric or sewer. (2) If the bill for the cost is uncollectible by means of subparagraph 1, the city clerk shall, at the time of certifying other city taxes, certify the unpaid portion of the costs to the county clerk, who shall extend the same on the tax roll of the county. (Ord. 520, Sec. 8; Code 2007)

    13-309

    SAME; SECTIONS. Whenever a culvert is replaced, the replacement shall be done in five (5) foot increments and the costs assessed shall be based upon the nearest five (5) foot necessary to complete the project in the opinion of the public officer. (Ord. 520, Sec. 9; Code 2007)

    13-310

    SAME; VOLUNTARY REPLACEMENT. Whenever any city resident desires that a culvert be replaced, the city shall provide the cost of replacement in five (5) foot increments to the landowner. The cost of the repair or replacement of said culvert may be paid by the landowner by an assessment of one-fourth (1/4) of the costs of repair and replacement assessed in four (4) consecutive months with the water and sewer bills. (Ord. 520, Sec. 10; Code 2007)

    13-311

    SAME; IMMEDIATE HAZARD. When in the opinion of the governing body, any culvert 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 cause the culvert to be repaired, replaced or otherwise made safe without delay. Such action may be taken without prior notice to or hearing of the owners, agents, lien holders, and/or occupants. The cost of any action under this section shall be assessed against the property as provided herein. (Ord. 520, Sec. 11; Code 2007)

    13-312

    SAME;APPEALS FROM ORDER. Any person affected by an order issued by the governing body under this ordinance may, within thirty (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 or may seek any other remedies as allowed under law. (Ord. 520, Sec. 12; Code 2007)

    13-313

    SAME; SCOPE. Nothing in this article shall be construed to abrogate or impair the powers of the court 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 ordinance shall be in addition to and supplemental to the powers conferred by the constitution, any other law or ordinance. (Ord. 520, Sec. 13; Code 2007)

    ARTICLE 4 - Trees and Shrubs

    13-401

    PUBLIC TREE CARE. The city shall have the right to plant, prune, maintain and remove trees, plants and shrubs within the lines of all streets, alleys, avenues, lanes, squares and public grounds, as may be necessary to insure safety when servicing city utilities or to preserve the symmetry and beauty of public grounds. The city may remove or cause or order to be removed, any tree or part thereof which is in an unsafe condition or which by reason of its nature is injurious to sewers, electric power lines, gas lines, water lines or other public improvements, or is affected with any injurious fungus, insect or other pest. (Code 2007)

    13-402

    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 of 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 2007)

    13-403

    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 2007)

    13-404

    SAME; FAILURE OF OWNER; DUTY OF CITY. Ifthe owner or agent shall fail to comply with the requirements of the notice within the time specified in the notice, then the chief of police shall proceed to have the designated tree, tree material or shrub treated or removed and report the cost thereof to the city clerk. In lieu of city employees performing any such work, the governing body may contract with any competent person, company or corporation for the performance of such work. (Code 2007)

    13-405

    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 immediately treated, removed and burned or immediately burned upon the premises, if safe to do so, so as to prevent the spread of the tree disease. (Code 2007)

    13-406

    DANGEROUS, DEAD OR DISEASED TREES ON PRIVATE PROPERTY.
    (a) Every owner of any tree overhanging any street or right-of-way within the city shall prune the branches so that such branches shall not obstruct the light from any street lamp or obstruct the view of any street intersection and so that there shall be a clear space of 14 feet above the surface of the street or right-of-way. The owners shall remove all dead, diseased or dangerous trees, or broken or decayed limbs which constitute a menace to the safety of the public. The city shall have the right to prune any tree or shrub on private property when it interferes with the proper spread of light along the street from a street light, or interferes with visibility of any traffic control device or sign.
    (b) The city shall have the right to cause the removal of any dangerous, dead or diseased 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 60 days after the date of service of notice. The owners, within 30 days of the notice, may request a hearing covering the ordered removal. 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 2007)

    13-407

    TREES ON PUBLIC PROPERTY; COST BORNE BY CITY. The city shall have the authority to treat or to remove any tree as defined in section 13-301 of this article, or to remove any dead tree as mentioned herein, which is located within the limits of any public right-of-way within the city. The adjacent property owners shall not be responsible for the cost of treatment or removal of any such trees within the public right-of-way and this expense shall be borne by the city at large. (Code 2007)

    13-408

    COSTS ONTAX 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 13-304:306 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 therefor are received or when such assessments are collected and received by the city. (Code 2007)

    13-409

    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, street, sidewalk, promenade or park in the city. (Code 2007)

    13-410

    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 within 10feet of any fire hydrant in the city, in order that every fire hydrant shall be in full view day or night, to fire apparatus approaching from any direction. (Code 2007)

    ARTICLE 5 - Snow and Ice

    13-501

    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 2007)

    13-502

    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 impossibleto remove the same, the sprinkling of ashes, sand or other noncorrosive 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 2007)

    13-503

    SAME; PENALTY. That any person violating the provisions of section 13-401 shall, upon conviction, be fined $25.00. (Code 2007)

    13-504

    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 2007)

    13-505

    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 therefor are received or when such assessments are collected and received by the city. (Code 2007)

    ARTICLE 6 - House Numbers / Mailboxes

    13-601

    POSTING OF PHYSICAL ADDRESS NUMBERS. Any owner, agent, leasee, tenant, or other person occupying residential or commercial property within the City of Arma shall post the respective physical address number designated for that particular property in such a place and in such a manner whereby visibility of said number shall be clear from the street on which the property is located. (Ord. 496, Sec. 1; Code 2007)

    13-602

    MAINTENANCE OF PHYSICAL ADDRESS NUMBERS. Physical address numbers posted pursuant to this article shall be maintained by the owner, agent, leasee, tenant or other person occupying the property in such a manner so that clear visibility of said number shall remain continuous and unobstructed. (Ord. 496, Sec. 2; Code 2007)

    13-603

    PROHIBITION OF MAIL BOXES. The installation of mail boxes along the roadway in the blocks of Washington and Main, between the streets of 6th and Hoisington is hereby prohibited. (Ord. 514, Sec. 1; Code 2007)

    13-604

    PENALTY. Citation and conviction in the municipal court of Arma for failure to comply with the provisions of this section shall result in a fine not to exceed $100.00. (Ord. 496, Sec. 3; Code 2007)

    13-605

    RE-OFFENSE. Prior convictions for violation of this article shall not preclude subsequent violations. (Ord. 496, Sec. 4; Code 2007)

  • ARTICLE 1 - Standard Traffic Ordinance

    14-101

    INCORPORATING STANDARD TRAFFIC ORDINANCE. There is hereby incorporated by reference for the purpose of regulating traffic within the corporate limits of the City of Arma, Kansas, that certain standard traffic ordinance known as the "Standard Traffic Ordinance for Kansas Cities," Edition of 2006, prepared and published in book form by the League of Kansas Municipalities, save and except such articles, sections, parts or portions as are hereafter omitted, deleted, modified or changed, such incorporation being authorized by K.S.A. 12-3009 through 12- 3012, inclusive, as amended. No fewer than three copies of said standard ordinance shall be marked or stamped "Official Copy as Incorporated by the Code of the City of Arma, Kansas," 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 section, and filed with the city clerk to be open to inspection and available to the public at all reasonable hours. (Ord. 559, Sec. 1; Code 2007)

    14-102

    SAME; TRAFFIC INFRACTIONS AND TRAFFIC OFFENSES,
    (a) An ordinance traffic infraction is a violation of any section of this article 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. Supp. 8-2118.
    (b) All traffic violations which are included within this article, and which are not ordinance traffic infractions as defined in subsection
    (a) of this section, shall be considered traffic offenses. (Ord. 559, Sec. 2; Code 2007)

    14-103

    PENALTY FOR SCHEDULED FINES. The fine for a violation of an ordinance traffic infraction or any other traffic offense for which the Municipal Judge established fines in the fines schedules shall not be less than $10.00, nor more than $2,500.00. A person convicted for a violation of an ordinance traffic infraction or other traffic offense for which a fine has been established in a schedule of fines shall pay a fine fixed by the Court not to exceed $2,500.00.
    In addition to the fine, the person convicted shall be assessed any cost for jail time served which shall be assessed at the same rate charged to the city by the jail where incarcerated. Said charge shall be in addition to the fine and court costs. (Ord. 559, Sec. 3; Code 2007)

    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. Any official traffic control device placed pursuant to this section shall be marked and labeled on a map of the City of Arma for the purpose of displaying all such traffic control devices and shall be filed with the city clerk to be open to inspection and available to the public at all reasonable hours of business. (Code 2007)

    14-202

    REGULATORY PARKING; PENALTY,
    (a) Parking in the area designated as either side of East Washington Street between 2nd Street and 5th Street shall be limited to customers of the businesses located within said designated area between the hours of 8:00 a.m. and 6:00 p.m.
    (b) Each parking space in the aforementioned area shall be subject to a two consecutive hour occupancy limit by any one vehicle.
    (c) The fine for violation of this provision shall be $10.00 (Ord. 493, Sees. 2:3; Code 2007)

    14-203

    LOAD LIMITS. It shall be unlawful for any person to drive, run or operate any vehicle which has a gross weight of more than 16,000 pounds (8 tons) over any street located in and maintained by the City of Arma. (Ord. 498, Sec. 1; Code 2007)

    14-204

    SANITATION VEHICLES. Sanitation vehicles operating within the city limits of the City of Arma, Kansas shall be limited to single axle only. (Ord. 498, Sec. 2; Code 2007)

    14-205

    EXEMPTIONS. The following vehicles shall be exempt from the provisions of this section.
    (a) Emergency Vehicles
    (b) Vehicles used for business or commercial purposes, but only if such vehicles are in the process of making a delivery within the City. Provided however, that cement trucks making deliveries within the City shall not carry a load greater than six (6) cubic yards. (Ord. 498, Sec. 3; Code 2007)

    14-206

    PROHIBITED PARKING; PENALTY,
    (a) Parking shall hereby be prohibited on the North side of Melvern Street between 5th Street and 6th Street.
    (b) Any person violating this provision shall be subject to a fine, not to exceed One Hundred Dollars ($100.00) (Ord. 478, Sees. 1, 3; Code 2007)

    ARTICLE 3 - Reserved

    ARTICLE 4 - Hazardous Materials

    14-401

    HAZARDOUS MATERIAL DEFINED. As used in this article, the term hazardous material shall mean any material or combination of materials which, because of its quantity, concentration, orphysical, chemical, biological, orinfectious characteristics, poses a substantial present or potential hazard to human health or safety or the environment if released into the workplace or environment or when improperly treated, stored, transported, or disposed of or otherwise managed. (Code 2007)

    14-402

    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 2007)

    14-403

    TRANSPORTATION OF HAZARDOUS MATERIALS. Except as provided in section 14-404 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 2007)

    14-404

    HAZARDOUS MATERIALS ROUTES. The provisions of section 14-403 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:
    (a) (Reserved)
    (b) (Reserved)
    (c) (Reserved) (Code 2007)

    14-405

    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:
    (1) (Reserved)
    (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 14-404 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 2007)

    14-406

    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 2007)

  • ARTICLE 1 - General Provisions

    15-101

    DEFINITION. For purposes of this article utility services shall include water, electrical, sewer, solid waste (refuse) and other utility services provided by the city. (Code 2007)

    15-102

    DELINQUENT ACCOUNTS. Unless otherwise provided, water, electric, 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 2007)

    15-103

    HEARING,
    (a) If a utility bill has not been paid on or before the due date as provided in this chapter, a delinquency and termination notice shall be issued by the city clerk within five days after the delinquency occurs and mailed to the customer at his or her last known address. A copy also shall be mailed to the occupant of the premises if the occupant and the customer are not the same person.
    (b) The notice shall state: (1) The amount due, plus delinquency charge; * -4?) Notice that service will be terminated if the amount due is not paid within f \ liftdayS)from the date of the notice unless the date on the notice to pay the charges atJ5~sfiall be on a Saturday, Sunday or legal holiday, in which event such notice will give the consumer until the close of the next business day in which to pay the charges; (3) Notice that the customer has the right to a hearing before the designated hearing officer; (4) Notice that the request for a hearing must be in writing and filed with the city clerk no later than three days prior to the date for termination of service.
    (c) Upon receipt of a request for hearing, the city clerk shall advise the customer of the date, time and place of the hearing which shall be held within three working days following receipt of the request. (Code 2007)

    15-104

    SAME; FINDING. Following the hearing, if the hearing officer shall find that service should not be terminated, then notice of such finding shall be presented to the city clerk. If the officer finds that service should be terminated, an order shall be issued terminating service five days after the date of the order. The customer shall be notified either in person or by mailing a letter to his or her last known address by certified mail, return receipt requested. However, if the order is made at the hearing in the presence of the customer, then no further notice need be given. The hearing officer has a right, for good cause, to grant an extension, not to exceed 10 days, for the termination of such service. (Code 2007)

    15-105

    UTILITY DEPOSIT,
    (a) At the time of making application for utility service, the property owner or customer shall make a cash deposit in the amount set by the governing body to secure payment of accrued bills or bills due on discontinuance of service. Receipt thereof shall be issued to each such depositor.
    (b) Cash deposits for the indicated utility services shall be in the following amounts: (1) Water Service - $175.00; . (2) Electric Service - $3S^£); 3 0
    (c) The deposit so made shall be kept by the city clerk in a separate account and deposited in a fund designated as the "meter deposit fund." Interest shall be payable at the rate determined by the state corporation commission yearly and credited to the customer's account January 1st of each calendar year.
    (d) On the second interest payment date following the deposit required above, the city clerk shall refund the deposit of any depositor who is owner of the premises wherein such utility service is being furnished and has not been delinquent in payment of any utility service charge during the past year. Interest due and accrued shall not draw interest.
    (e) Upon the discontinuance of any service at the request of the depositor, the deposit shall be refunded upon surrender of the original receipt therefor together with the accrued interest thereon less any amount due and owing the city for services furnished prior thereto or it may be credited towards the payment of the final bill rendered to the customer.
    (f) Any security deposit not refunded within three years after discontinuance of service shall be deposited in the utility fund of the city upon compliance with the provisions of K.S.A. 12-822 as amended. (Ord. 549, Sec. 1:3; Code 2007)

    15-106

    LANDLORD LIABILITY, Was changed at one point looking for update:
    (a) Owners of premises served by utility service under this article shall be liable for payment of the cost of any utility service account delinquency arising from service provided to such premises, regardless of whether the utility service was furnished upon the application and request of the owner or the lessee of the premises. This provision shall also apply when the premises are leased by or through an agent or other representative of the owner.
    (b) In the event a delinquency arises involving leased premises, the owner or owner's agent shall be notified in writing of the delinquency of the lessee by first class regular mail within 10 days after the billing to the lessee becomes delinquent. Notice shall be sufficient if mailed to the last known address of the owner or owner's agent known to city personnel responsible for said mailing, after reasonable inquiry. If the delinquent billing, interest and penalty are not paid within 15 days of the mailing, the affected utility service may be discontinued and no further such service shall be furnished by the city to the premises until all billings for the utility service to said premises, interest, late payment charges and a reconnection charge, if applicable, is paid in full.
    (c) If utility service is furnished to leased premises on the application and request of the lessor of the premises, then all billings for utilities furnished to such leased premises shall be made directly to the lessor, and the lessor shall be fully liable for the cost of service furnished. (Code 2007)

    15-107

    PETTY CASH FUND. A petty cash fund in the amount of $100.00 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 2007)

    15-108

    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 by check which shall state clearly the purpose for which issued. (Code 2007)

    15-109

    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 therefor shall be payable to the petty cash fund and shall be deposited therein to restore said petty cash fund to its original amount. (Code 2007)

    15-110

    LEVEL PAY PLAN, ESTABLISHED. There is hereby established a level pay plan for users of electric, water and sewer services provided by the City of Arma, Kansas. (Ord. 455; Code 2007)

    15-111

    SAME; ELIGIBILITY. There shall be available to any business cr commercial user of electric, water, and sewer services provided by the City of Arma a level pay plan provided that those users meet the following qualifications:
    (a) Such user, on the average, uses total electric, water and sewer services that equates to charges of at least one thousand dollars ($1,000.00) per month, and
    (b) Such user has a proven history of at least twelve months wherein timely payment has been made for its electric, water and sewer charges. (Ord. 455, Sec. 1; Code 2007)

    15-112

    SAME; PROCEDURE,
    (a) Applicants to the level pay plan offered by the City of Arma shall apply for participation in such plan at the office of the City Clerk. Final determination as to which applicants will be accepted into the level pay plan shall by made by the City Council.
    (b) If it is determined that a user shall be accepted for the level pay plan, the monthly amount to be paid by that user for its electric, water, and sewer service for the first eleven months of a given calendar year shall be equal to its total usage for those services in the previous calendar year divided by eleven (the "base amount"). In the twelfth month of a given calendar year in which the level pay plan is used, the City and the user will adjust the base amount so that if a surplus has been paid by the user during the year, a credit will be given to the user, which can be applied to the user's bill for the following month. If a shortage exists, the payment for the twelfth month of the calendar year will be adjusted upwards accordingly.
    (c) Any adjustments to the rates that are anticipated, or that have been made during the previous calendar year, can be taken into consideration by the City when setting the base amount. Adjustments may also be made by either the City or the user if the spread between actual usage and the cumulative base amount paid in is either over or under the cumulative base amount paid in by seventy-five percent (75%) of the then established base amount for any given month. (Ord. 455, Sec. 2; Code 2007)

    15-113

    SAME; FAILURE TO PAY. If a user fails to timely make a monthly payment of its base amount, or fails to timely make the requisite payment in the twelfth month of a calendar year or when an adjustment has been made, the user shall no longer be eligible for the level pay play, its participation in such plan shall be terminated, and its service for electric, water, and sewer shall be governed by the ordinances and regulations applied to all other electric, water, and sewer customers of the City. (Ord. 455, Sec. 3; Code 2007)

    ARTICLE 2 - Water

    15-201

    SUPERINTENDENT OF WATER AND SEWAGE. The general management, care, control and supervision of the city water system shall be in the superintendent of water and sewage, who shall be appointed by the mayor with the consent of the governing body. (Code 2007)

    15-202

    REGULATIONS. The furnishing of water to customers by the city through its waterworks system shall be governed by the regulations set out in this article. (Code 2007)

    15-203

    SERVICE NOT GUARANTEED. The city does not guarantee the delivery of water through any of its mains and connecting services at any time except only when its mains, pumping machinery, power service connection are in good working order, and the supply of water is sufficient for the usual demand of its consumers. (Code 2007)

    15-204

    SERVICE CONNECTIONS REQUIRED,
    (a) The owner of all houses, buildings, or properties used for human occupancy, employment, recreation, or other purpose, situated within the city abutting on any street, alley, or right-of-way in which there is now located or may in the future be located near public water mains, is hereby required at his or her own expense to make connection to such public water main.
    (b) Before any connection is made to the city's water system an application must be made in writing to the city clerk by the owner of the premises, or his or her authorized representative, for a permit to make such connection. (Code 2007)

    15-205

    APPLICATION FOR SERVICE,
    (a) Any person, firm or corporation desiring a connection with the municipal water system shall apply in writing to the city clerk, on a form furnished by the city for that purpose, for a permit to make the connection.
    (b) The application shall:
    (1) Contain an exact description including street address of the property to be served;
    (2) State the size of tap required;
    (3) State the size and kind of service pipe to be used;
    (4) State the full name of the owner of the premises to be served;
    (5) State the purpose for which the water is to be used;
    (6) State any other pertinent information required by the city clerk;
    (7) Be signed by the owner or occupant of the premises to be served, or his or her authorized agent.
    (c) Each application for a connection permit shall be accompanied by payment of fees and/or costs specified in section 15-207. (Code 2007)

    15-206

    CITY TO MAKE CONNECTIONS. All taps shall be given, street excavations made, corporation cocks inserted, pipes installed from main to curb, and the curb cock installed in a meter box to which the service pipe is to be connected by city employees only. (Code 2007)

    15-207

    CONNECTION FEES. The fees for connection to the city waterworks system shall be as follows:
    (a) For connecting water main with three-fourths inch tap, three- fourths inch service line and installing three-fourths inch meter - $ plus tax;
    (b) For connecting water main with larger than a three-fourths inch tap, service line or meter - $ plus tax. (Code 2007)

    15-208

    CURB COCKS. There shall be a curb cock in every service line attached to the city main, the same to be placed within the meter box. Curb cocks shall be supplied with strong and suitable "T" handles. (Code 2007)

    15-209

    CHECK VALVES. Check valves are required on all connections to steam boilers or on any other connection deemed necessary by the water superintendent. Safety and relief valves shall be placed on all boilers or other steam apparatus connected with the water system where the steam pressure may be raised in excess of 40 pounds per square inch. (Code 2007)

    15-210

    UNAUTHORIZED SERVICE. It shall be unlawful for any person, firm, or corporation, other than duly authorized city officials or employees to turn water on or off at the water meter or curb cock shut off, with a key or in any other manner, without first obtaining written permission from the mayor or the governing body. (Code 2007)

    15-211

    METERS,
    (a) All water furnished to customers shall be metered.
    (b) Meters shall be located between the sidewalk or property line and curbing when the main is in the street, and on private property within three feet of the alley line when the main is in the alley. In the business district the meters may be installed in the basement at a location specified by the city.
    (c) The city's responsibility stops at the property line. (Code 2007)

    15-212

    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 of $10.00 will be made to the customer. (Code 2007)

    15-213

    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 water department to turn any curb cock on or off. (Code 2007)

    15-214

    LEAKS PROHIBITED; PENALTY. No allowances shall be made for water used or lost through leaks, carelessness, neglect or otherwise after the same has pass through the meter. However, every customer shall have the right to appeal to the city from water bill or meter reading which he or she may consider excessive. (Code 2007)

    15-215

    DISCONNECTION, RECONNECTION CHARGE. The governing body shall establish, by ordinance, a water service disconnection and reconnection charge. Whenever the city receives a request from a customer for termination of water service the disconnection charge shall be added to the customer's final bill. Any service disconnected for nonpayment of delinquent bill shall be reconnected only upon payment of the delinquent bill, interest penalty thereon, and the reconnection charge. (Code 2007)

    15-216

    UTILITY DEPOSIT. At the time of making application for water service, the property owner or customer shall make a cash deposit in the amount and manner specified in section 15-105 to secure payment of accrued bills or bills due on discontinuance of service. (Code 2007)

    15-217

    INTERRUPT SERVICE. The city reserves the right to interrupt water service for the purpose of making repairs or extensions to water lines or equipment. (Code 2007)

    15-218

    PROHIBITED ACTS. It shall be a violation of this article for any unauthorized person to:
    (a) Perform any work upon the pipes or appurtenances of the city's waterworks system beyond a private property line unless such person is employed by the city;
    (b) Make any connections with any extension of the supply pipes of any consumer without written permission to do so having been first obtained from the governing body;
    (c) Remove, handle or otherwise molest or disturb any meter, meter lid, cutoff, or any other appurtenances to the water system of the city. (Code 2007)

    15-219

    WASTING WATER. Water users shall prevent unnecessary waste of water and shall keep sprinklers, hydrants, faucets and all apparatus, including the service line leading from the property to the meter in good condition at their expense. (Code 2007)

    15-220

    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 2007)

    15-221

    RATES WITHIN CITY LIMITS. The following rates will be charged for all water consumed by the consumers who reside within the city limits of the City of Arma, and use water from the water works system of said City:
    (a) Two Thousand (2,000) gallons of water for Ten Dollars and Sixty Cents ($10.60) and which shall be the minimum charge per month.
    (b) The next Eight Thousand (8,000) gallons shall be charged at Three Dollars and Ten Cents ($3.10) per thousand gallons.
    (c) All water consumed by the customer over Ten Thousand (10,000) gallons shall be charged at Three Dollars and Fifty Cents ($3.50) per thousand gallons. (Ord. 555, Sec. 1; Code 2007)

    15-222

    RATES OUTSIDE THE CITY LIMITS. The following rates will be charged for all water consumed by the individual residential consumers who reside outside the city limits of the City of Arma, and who use water from the water works system of said City.
    (a) Two Thousand (2,000) gallons of water for Fifteen Dollars and Fifty Cents ($15.50) and which shall be the minimum charge per month.
    (b) All water consumed by the customer overTwo Thousand (2,000) gallons, but less than 1,000 gallons, shall be charged at Six Dollars and Fifty Cents ($6.50) per thousand gallons.
    (c) All water consumed over 10,000 gallons shall be charged Seven Dollars and Fifty Cents ($7.50) per thousand gallons) (Ord. 555, Sec. 2; Code 2007)

    15-223

    WATER COMPANIES. All water companies using water from the water system of the City of Arma shall be billed at the rate of Six Dollars and Fifty Cents ($6.50) per thousand gallons, if the water company does not request the City of Arma to read its meters or perform repairs. If the City of Arma reads meters, those persons shall be billed as set out in 15-222. (Ord. 555, Sec. 3; Code 2007

    15-224

    HOOK-UP REQUESTS. Any other request for water from the City of Arma, Kansas, from any outside the city limit source shall be charged at Eight Dollars and Fifty Cents ($8.50) per thousand gallons. All hook up, meter costs and related or associated costs shall be solely at the expense of the outside the city limit consumer. (Ord. 555, Sec. 4; Code 2007)

    15-225

    INDEPENDENT WATER COMPANY BOARD FEE. The City of Arma, at the request of the Independent Water Company Board shall assess a $2.00 per bill assessment to collect the difference between the water meter and individual households bills. The City shall not be required to account for any excess fees collected, but will retain any overage as collection fees. If the Independent Water Company still owes the City of Arma at the end of the year, a bill shall be submitted to the Independent Water Company if the amount is in excess of $10.00. (Ord. 555, Sec. 5; Code 2007)

    15-226

    PAYMENT OF BILLS. All water bills for the previous month's water service shall be paid on or before the day of the month following the service. For any billing not paid when due a late charge of percent will be added to the bill. (Code 2007)

    15-227

    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 2007)

    15-227 ??

    USE DURING FIRE. No person owning or occupying premises connected to the municipal water system shall use or allow to be used during a fire any water from the water system except for the purpose of extinguishing the fire. Upon the sounding of a fire alarm it shall be the duty of every such person to see that all water services are tightly closed and that no water is used except in extraordinary cases of emergency during the fire. (Code 2007)

    15-228

    CROSS-CONNECTIONS PROHIBITED. No person 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. (Ord. 471, Sec. 2; Code 2007)

    15-229

    SAME; PROTECTIVE BACKFLOW DEVICES REQUIRED. Approved devices to protect against backflow or back siphonage shall be installed at all fixtures and equipment where backflow and/or back siphonage may occur and where there is a hazard to the potable water supply in that polluted water or other contaminating materials may enter into the public water supply. 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 which could lead to backsiphonage of polluted water into the system shall be improper and must be protected by approved backflow preventive valves and systems as determined by the superintendent. (Ord. 471, Sec. 3; Code 2007)

    15-230

    SAME; 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 of the city. (Ord. 471, Sees. 4:5; Code 2007)

    15-231

    SAME; 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 utility superintendent may terminate water service to any property where the cross connections or backsiphonage condition creates, in the judgment of the superintendent, an emergency danger of contamination to the public water supply. (Ord. 471, Sec. 6; Code 2007)

    ARTICLE 3 - Electricity

    15-301

    METER LOCATION. The City shall designate the location of the customer's electric meter to be serviced by the City of Arma. (Ord. 506, Sec. 1; Code 2007)

    15-302

    CITY RESPONSIBILITY. The City shall provide and be responsible for the full cost of installation of overhead electrical service to a location designated by the City on the City utility right-of-way, or as close thereto as is possible, adjacent to the customer's property, hereafter referred to as the point of service. (Ord. 506, Sec. 2; Code 2007)

    15-303

    CUSTOMER ELECTION. The customer shall have the election of either overhead or underground electrical service.
    (a) If overhead electrical service is elected by the customer:
    (1) The City shall provide and be responsible for the cost of the installation of overhead electrical service from the point of service to the location of the electric meter.
    (2) The customer shall bear the expense for overhead electrical service from the electric meter and into the customer's residence or business building.
    (3) Any overhead electrical service shall be installed according to the City's specifications.
    (b) If buried or underground electrical service is elected:
    (1) The customer shall be responsible for the cost of providing all buried or underground electrical service.
    (2) Any buried or underground service shall be installed according to the City's specifications and in accordance with the National Electric Code in effect on the date the service is installed or modified. (Ord. 506, Sec. 3; Code 2007)

    15-304

    CUSTOMER ELECTION. The customer shall have the election of either overhead or underground electrical service.
    (a) If overhead electrical service is elected by the customer: (1) The City shall provide and be responsible for the cost of the installation of overhead electrical service from the point of service to the location of the electric meter. (2) The customer shall bear the expense for overhead electrical service from the electric meter and into the customer's residence or business building. (3) Any overhead electrical service shall be installed according to the City's specifications.
    (b) If buried or underground electrical service is elected: (1) The customer shall be responsible for the cost of providing all buried or underground electrical service. (2) Any buried or underground service shall be installed according to the City's specifications and in accordance with the National Electric Code in effect on the date the service is installed or modified. (Ord. 506, Sec. 3; Code 2007)

    15-305

    CONNECTION ACCESS. The City shall be given ease of access by the customer, without interference, to come onto the customer's property to install, maintain, inspect, or service electric lines, meters, and other electrical equipment. (Ord. 506, Sec. 5; Code 2007)

    15-306

    PENALTY. Any customer found to be in violation of any of the provisions of this ordinance shall be subject to termination of electrical service by the City, and shall, upon conviction, be fined not less than Ten Dollars ($10.00) and not more than Five Hundred Dollars ($500.00). (Ord. 506, Sec. 6; Code 2007)

    15-307

    ELECTRICITY RATES. The following rates will be charged for all electric current consumed by customers within or without the city limits of the City of Ama, Kansas, and use electricity from the distribution lines of said City, and the connected  load demand for each consumer shall be fixed by the Superintendent of Public Utilities.
    (a) Demand Rate:
    (1) A minimum monthly charge shall be based on the connected load demand as follows: 30 KWH per KW of demand at seven dollars and sixty cents, ($7.60).
    (2) Next 80 KWK per KW of demand at fourteen cents, ($0.14). Next 200 KWH per KW of demand at eight cents, ($0.08). Balance at seven and a half cents, ($0.07.5).
    (3) Demand Charge: $6.50 per KWH per KW of Demand.
    (b) Residential: Single demand.
    (1) Minimum Charge $3.80 for 15 KWH
    (2) Next 40 KWH at fourteen cents ($0.14)
    (3) All over 55 KWH at eight cents ($0.08);
    (c) Multiple: The following minimum monthly charge shall be based on such fixed connected load demand at the following rate:
    (1) 15 KWH or less connected load for $3.80
    (2) Next 40 KWH per KW of demand at fourteen cents ($0.14)
    (3) Next 100 KWH per KW of demand at eight cents ($0.08)
    (4) Balance at seven and one half cents ($007.5). (Ord. 473, Sees. 1:2; Code 2007)

    15-308

    EXCESSIVE USE. If any consumer uses through one meter more electricity in any one month that the fixed connected load demand, then all of the electricity consumed in that month by that consumer through that meter shall be charged at the rates set out above for calculating the minimum monthly charge. (Ord. 473, Sec. 3; Code 2007)

    ARTICLE 4 - Sewers

    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) Building Drain - shall mean that part of the lowest horizontal piping of a drainage system which 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.
    (b) Building Sewer - shall mean the extension from the building drain to the public sewer or other place of disposal.
    (c) 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 parts per million by weight.
    (d) 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.
    (d) PH - shall mean the logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.
    (e) Individual Domestic - means any single family residence, commercial business, office, institution, school, church or public entity having an individual direct or indirect connection to the wastewater facilities of the city and on individual city or private water service meter, or connection to any such water service.
    (f) Industrial Wastes - shall mean the liquid wastes from industrial manufacturing processes, trade, or business as distinct from sanitary sewage.
    (g) Industrial - means any industrial business engaged in the manufacturing or processing of one or more products, and in which wastewaters are produced from such manufacturing or processing and said wastewaters are discharged directly or indirectly to the wastewater facilities of the city.
    (h) Multi-domestic - means any multi-family residence, apartment or mobile home and any commercial business, office, institution, school, church or public entity having a direct or indirect connection to the wastewater facilities of the city and not having an individual water service meter but is served with city or private metered water by the owner of the property on which it is located.
    (i) Natural Outlet - shall mean any outlet into a watercourse, pond, ditch, lake, or other body of surface or groundwater.
    (j) Superintendent - shall mean the superintendent of the city or his or her authorized deputy, agent or representative.
    (k) 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.
    (l) Sewer - shall mean a pipe or conduit for carrying sewage.
    (m) Person - shall mean any individual, firm, company, association, society, orporation, or group.
    (n) 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 (1/2) inch (1.27 centimeters) in any dimension.
    (o) Public Sewer - shall mean a sewer in which all owners of abutting properties have equal rights, and is controlled by public authority.
    (p) Combined Sewers - shall mean sewers receiving both surface runoff and sewage, are not permitted.
    (q) Sanitary Sewer - shall mean a sewer which carries sewage and to which storm, surface, and ground waters are not intentionally admitted.
    (r) Storm Sewer or Storm Drain - shall mean a sewer which carries storm and surface waters and drainage, but excludes sewage and polluted industrial wastes.
    (s) Sewage Treatment Plant - shall mean any arrangement of devices and structures used for treating sewage.
    (t) Sewage Works - shall mean all facilities for collecting, pumping, treating and disposing of sewage.
    (u) Sewer - shall mean a pipe or conduit for carrying sewage.
    (v) Shall - is mandatory; May is permissive.
    (w) 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 fifteen (15) minutes more than five (5) times the average twenty-four (24) hour concentration or flows during normal operation.
    (x) Superintendent - shall mean the Superintendent of Sewage Works and/or of Water Pollution Control of the City of Arma, or his authorized deputy, agent, or representative.
    (y) 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.
    (z) User - means any person as defined in section 1-102, including an institution, governmental agency or political subdivision producing wastewater requiring processing and treatment to remove pollutants and having premises connected to the wastewater facilities.
    (aa) Wastewater - means sewage, the combination of liquids and water carried wastes from residences, commercial and industrial buildings, institutions, governmental agencies, together with any ground, surface or storm water that may be present.
    (bb) Normal wastewater. - The strength of normal wastewater shall be considered within the following ranges:
    (1) A five day biochemical oxygen demand of 300 milligrams per liter or less;
    (2) A suspended solid concentration of 350 milligrams or less;
    (3) Hydrogen ion concentration of 5.0 to 9.0.
    (cc) Watercourse - shall mean a channel in which a flow of water occurs, either continuously or intermittently. (Ord. 544, Sec. 1; Code 2007)

    15-402

    UNLAWFUL DISCHARGE,
    (a) It shall be unlawful for any person to place, deposit, or permit to be deposited in any unsanitary manner on public or private property within the City of Arma, or in any area under the jurisdiction of said City, any human or animal excrement, garbage, or other objectionable waste.
    (b) It shall be unlawful to discharge to any natural outlet within the City of Arma, or in any area under the jurisdiction of said City, any sewage or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this ordinance. (Ord. 544, Art. 2, Sees. 1:2; Code 2007)

    15-403

    PRIVY; UNLAWFUL. Except as hereinafter provided, 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. 544, Art. 2, Sec. 3; Code 2007)

    15-404

    CONNECTION REQUIRED. The owner of all houses, buildings, or properties used for human employment, recreation, or other purposes, 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 expense to install suitable toilet facilities therein, and to connect such facilities directly with the proper public sewer in accordance with the rovisions of this ordinance, within ninety (90) days after date of official notice to do so, provided that said public sewer is within one hundred (100) feet 30.5 meters of the property line. (Ord. 544, Art. 2, Sec. 4; Code 2007)

    15-405

    PRIVATE DISPOSAL. Where a public sanitary or combined sewer is not available under the provisions of Article II, Section 4, the building sewer shall be connected to a private sewage disposal system complying with the provisions of this article. (Ord. 544, Art. 3, Sec. 1; Code 2007)

    15-406

    PRIVATE APPLICATION; FEE. Before commencement of construction of a private sewage disposal system the owner shall first obtain a written permit signed by the Mayor. The application for such permit shall be made on a form furnished by the City, which the applicant shall supplement by any plans, specifications, and other information as are deemed necessary by the Mayor. A permit and inspection fee of $100.00 shall be paid to the City at the time the application is filed. (Ord. 544, Art. 3, Sec. 2; Code 2007)

    15-407

    INSPECTION; PRIVATE. A permit for a private sewage disposal system shall not become effective until the installation is completed to the satisfaction of the City. The City shall be allowed to inspect the work at any stage of construction and, in any event, the applicant for the permit shall notify the City when the work is ready for final inspection, and before any underground portions are covered. The inspection shall be made within 72 hours of the receipt of notice by the City. (Ord. 544, Art. 3, Sec. 3; Code 2007)

    15-408

    STATE REQUIREMENTS. The type, capacities, location, and layout of a private sewage disposal system shall comply with all recommendations of the Department of Public Health of the State of Kansas. No permit shall be issued for any private sewage disposal system employing subsurface soil absorption facilities. No septic tank or cesspool shall be permitted to discharge to any natural outlet. (Ord. 544, Art. 3; Sec. 4; Code 2007)

    15-409

    DIRECT CONNECTIONS; ABANDONMENT. At such time as a public sewer becomes available to a property served by a private sewage disposal system, a direct connection shall be made to the public sewer in compliance with this article, and any septic tanks, cesspools, and similar private sewage disposal facilities shall be abandoned and filled with suitable material. (Ord. 544, Art. 3, Sec. 5; Code 2007)

    15-410

    PRIVATE EXPENSE. 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. 544, Art. 3, Sec. 6; Code 2007)

    15-411

    HEALTH OFFICER; PRIVATE. No statement contained in this article shall be construed to interfere with any additional requirements that may be imposed by the Health Officer. (Ord. 544, Art. 3, Sec. 7; Code 2007)

    15-412

    CONNECTION; TIME. When a public sewer becomes available, the building sewer shall be connected to said sewer within sixty (60) days and the private sewage disposal system shall be cleaned of sludge and filled with clean bank-run gravel or dirt. (Ord. 544, Art. 3, Sec. 8; Code 2007)

    15-413

    PERMIT,
    (a) No unauthorized person shall uncover, make any connections with or opening into, use, alter, or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the Mayor.
    (b) There shall be two (2) classes of building sewer permits: (1) for residential and commercial service, and
    (b) for service to establishments roducing industrial wastes. In either case, the owner or his 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 Mayor. A permit and inspection fee of $100.00 dollars for a residential or commercial building sewer permit and $500.00 dollars for an industrial building sewer permit shall be paid to the City at the time the application is filed. (Ord. 544, Art. 4, Sees. 1:2; Code 2007)

    15-414

    INSTALLATION COSTS. All costs and expense incident to the installation and connection of the building sewer shall be borne 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. (Ord. 544, Art. 4, Sec. 3; Code 2007)

    15-415

    INDIVIDUAL SERVICE. 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, the building sewer from the front building may be extended to the rear building and the whole considered as one building sewer. (Ord. 544, Art. 4, Sec. 4; Code 2007)

    15-416

    OLD CONNECTION. Old building sewers may be used in connection with new buildings only when they are found, on examination and test by the City, to meet all requirements of this ordinance. (Ord. 544, Art. 4, Sec. 5; Code 2007)

    15-417

    MATERIALS CONFORMATION,
    (a) 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. In the absence of code provisions or in amplification thereof, the materials and procedures set forth in appropriate specifications of the A.S.T.M. and W.P.C.F. Manual of Practice No. 9 shall apply.
    (b) The connection of the building sewer into the public sewer shall conform to the requirements of the building and plumbing codes or other applicable rules and regulations of the City, or the procedures set forth in appropriate specifications of the A.S.T.M. and the W.P.C.F. Manual of Practice No. 9. All such connections shall be made gas tight and watertight. Any deviation from the prescribed procedures and materials must be approved by the city before installation. (Ord. 544, Art. 4, Sees. 6, 9; Code 2007)

    15-418

    SEWER ELEVATION. Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. In all buildings in which any 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. 544, Art. 4, Sec. 7; Code 2007)

    15-419

    INSPECTION NOTICE. The applicant for the building sewer permit shall notify the city Clerk when the building sewer is ready for inspection and connection to the public sewer. The connection shall be made under the supervision of the City designee. (Ord. 544, Art. 4, Sec. 10; Code 2007)

    15-420

    BARRICADES. All excavations for building sewer installation 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. 544, Art. 4, Sec. 11; Code 2007)

    15-421

    SURFACE RUNOFF CONNECTIONS,
    (a) No person shall make connection of roof downspouts, interior and exterior foundation drains, areaway drains, or other sources of surface runoff or groundwater to a building sewer or building drain which in turn is connected directly or indirectly to a public sanitary sewer.
    (b) 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 City. Industrial cooling water or unpolluted process waters may be discharged on approval of the City Council, to a storm sewer, or natural outlet. (Ord. 544, Art. 4, Sec. 8; Art. 5; Sec. 2; Code 2007)

    15-422

    SEWER DISCHARGE RESTRICTIONS,
    (a) No person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewers:
    (1) Any gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquid, solid or gas.
    (2) 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, constitute a hazard to humans or animals, create a public nuisance, or create any hazard in the receiving waters of the sewage treatment plant, including but not limited to cyanides in excess of two (2) mg/l as CN in the wastes as discharged to the public sewer.
    (3) 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.
    (4) 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, shavings, metal, glass, rags, feathers, tar plastics, wood, unground garbage, whole blood, paunch manure, hair and fleshings, entrails and paper dishes, cups, milk containers, etc., either whole or ground by garbage grinders.
    (b) 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 City 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 this opinion as to the acceptability of these wastes, the City will give consideration to such factors 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, degree of treat ability of wastes in the sewage treatment plan, and other pertinent factors. The substances prohibited are:
    (1) Any liquid or vapor having a temperature higher than one hundred fifty 150)°F (65°C).
    (2) Any water or wastes containing fats, wax, grease or oils, whether emulsified or not, in excess of one hundred (100) mg/l or containing substances which may solidify or become viscous at temperatures between thirty-two (32) and one hundred fifty 150)°F (65°C).
    (2) Any garbage that has not been properly shredded. The installation and operation of any garbage grinder equipped with a motor of three-fourths (3/4) horsepower (0.76 hp metric) or greater shall be subject to the review and approval of the City.
    (3) Any waters or wastes containing strong acid iron pickling wastes, or concentrated plating solutions whether neutralized or not.
    (4) 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 exceeds the limits established by the City for such materials. (
    5) Any waters or wastes containing phenols or other taste- or odor- producing substances, in such concentrations exceeding limits which may be established by the City 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.
    (6) Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the City in compliance with applicable State and Federal regulations.
    (7) Any waters or wastes having a pH in excess of 9.5.
    (8) Materials which exert or cause:
    (a) 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).
    (b) Excessive discoloration (such as, but not limited to, dye wastes and vegetable tanning solutions).
    (c) Unusual BOD, chemical oxygen demand, or chlorine requirements in such quantities as to constitute a significant load on the sewage treatment works.
    (d) Unusual volume of flow or concentration of wastes constituting "slugs" as defined herein.
    (9) 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.
    (10) Any waters or wastes having (1) a 5-day BOD greater than 300 parts per million by weight, or (2) containing more than 350 parts per million by weight of suspended solids, or (3) having an average daily flow greater than 2 percent of the average sewage flow of the City, shall be subject to the review of the City. Where necessary in the opinion of the City, the owner shall provided, at his expense, such preliminary treatment as may be necessary to (1) reduce the biochemical oxygen demand to 300 parts per million by weight, or (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 proposed preliminary treatment facilities shall be submitted for the approval of the City and no construction of such facilities shall be commenced until said approvals are obtained in writing. (Ord. 544, Art. 5; Sec. 4; Code 2007)

    15-423

    HANDLING OF IMPROPER DISCHARGE. 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 15-404 of this Article, and which in the judgment of the City, 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 City may:
    (a) Reject the wastes,
    (b) Require pretreatment to an acceptable condition for discharge to the public sewers,
    (c) Require control over the quantities and rates of discharge, and/or
    (d) 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 10 of the Article. If the City 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 City, and subject to the requirements of all applicable codes, ordinances and laws. (Ord. 544, Art. 5; Sec. 5; Code 2007)

    15-424

    INTERCEPTORS. Grease, oil, and sand interceptors shall be provided when, in the opinion of the City, 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 City, and shall be located as to be readily and easily accessible for cleaning and inspection. (Ord. 544, Art. 5; Sec. 6; Code 2007)

    15-425

    PRELIMINARYTREATMENT. 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 expense. (Ord. 544, Art. 5; Sec. 7; Code 2007)

    15-426

    MANHOLES. When required by the City, the owner of any property serviced by a building sewer carrying industrial wastes shall install a suitable control manhole togetherwith such necessary meters and other appurtenances in the building sewer to facilitate observation, sampling, and measurement of the wastes. Such manhole, when required, shall be accessibly and safely located, and shall be constructed in accordance with plans approved by the City. The manhole shall be installed by the owner at his expense, and shall be maintained by him so as to be safe and accessible at all times. (Ord. 544, Art. 5; Sec. 8; Code 2007)

    15-427

    MANHOLES. When required by the City, the owner of any property serviced by a building sewer carrying industrial wastes shall install a suitable control manhole togetherwith such necessary meters and other appurtenances in the building sewer to facilitate observation, sampling, and measurement of the wastes. Such manhole, when required, shall be accessibly and safely located, and shall be constructed in accordance with plans approved by the City. The manhole shall be installed by the owner at his expense, and shall be maintained by him so as to be safe and accessible at all times. (Ord. 544, Art. 5; Sec. 8; Code 2007)

    15-428

    EXCEPTIONS. 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. 544, Art. 5; Sec. 10; Code 2007)

    15-429

    AUTHORITY TO ENTER PRIVATE PROPERTY,
    (a) The duly authorized employees of the city bearing proper credentials and identification shall be permitted to enter all properties for the purpose of inspection, observation, measurement, sampling, and testing in accordance with the provisions of this ordinance. The City or its 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.
    (b) The 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 purposes of, but not limited to, inspection, observation, measurement, sampling, repair, and maintenance of any portion of the sewage works lying within said easement. All entry and subsequent work, if any, on said easement, shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved. (Ord. 544, Art. 6; Sees. 1, 3; Code 2007)

    15-430

    SAFETY LIABILITY. While performing the necessary work on private properties referred to in this Article, the duly authorized employees of the City shall observe all safety rules applicable to the premises established by the company and 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 this Article. (Ord. 544, Art. 6; Sec. 2; Code 2007)

    15-431

    VIOLATIONS. Any person found to be violating any provision of this ordinance shall be served by the City with written notice 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 notice, permanently cease all violations. (Ord. 544, Art. 7; Sec. 1; Code 2007)

    15-432

    PENALTY,
    (a) Any person who shall continue any violation beyond the time limit provided for in this Article, shall be guilty of a misdemeanor, and on conviction thereof shall be fined in the amount not exceeding $1,000.00 dollars for each violation and/or a maximum of 30 days in jail, or both.
    (b) 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 ordinance shall become liable to the City for any expense, loss, or damage occasioned the City by reason of such violation. (Ord. 544, Art. 8; Sees. 2:3; Code 2007)

    15-433

    SEWER SERVICE CHARGE. The following are hereby established as the monthly service charges for the use of services rendered by the sewage disposal system to be paid to the City by all persons, firms, corporations, the United States,  the State of Kansas and its political subdivisions, and any organization within and without the City, as hereinafter limited and defined, whose premises are connected or may hereafter be connected to the sanitary sewer system of the City:
    (a) All property defined as "R-1" or"R-2" in the City of Arma, Kansas, Zoning ordinance and located within the corporate city limits of the City Of Arma, Kansas, shall pay a $15.00/monthly service charge.
    (b) All property including, but not limited to: apartments, dormitory, hotel, rooming house, institution, business, commercial, industrial or governmental property having sewer connections, directly or indirectly, with the sewage disposal system service which shall be based on the quantity of water used on the premises furnished with such sewage service, according to the following schedule: (1) Users or customers within the corporate limits of the City: For the first 1,000 cubic feet or less of water metered per month shall be $15.00 per month; the next 2,000 cubic feet of water metered per month at the rate of $0.30 per 100 cubic feet of metered water per month; all over 3,000 cubic feet of water metered per month at the rate of $0.40 per 100 cubic feet of metered water per month. Ord. 539, Sec. 1; Code 2007)

    ARTICLE 5 - Solid Waste

    15-501

    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) Dwelling Unit. - Any enclosure, building or portion thereof occupied by one or more persons for and as living quarters;
    (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) Multi-Family Unit. - Any structure containing more than four individual dwelling units;
    (e) Refuse. - All garbage and/or rubbish or trash;
    (f) Residential. - Any structure containing four or less individual dwelling units, rooming houses having no more than four persons in addition to the family of the owner or operator, and mobile homes;
    (g) Rubbish or Trash. - All nonputrescible materials such as paper, tin cans, bottles, glass, crockery, rags, ashes, lawn and tree trimmings, stumps, boxes, wood, street sweepings and mineral refuse. Rubbish ortrash shall not include earth and waste from building operations or wastes from industrial processes or manufacturing operations;
    (h) Single Dwelling Unit. - An enclosure, building or portion thereof occupied by one family as living quarters. (i) Solid Waste. - All non-liquid garbage, rubbish or trash. (Code 2007)

    15-502

    COLLECTION. All solid waste accumulated within the city shall be collected, conveyed and disposed of by the city or by contractors specifically authorized to collect and dispose of solid waste. (Code 2007)

    15-503

    CONTRACTS. The city shall have the right to enter into a contract with any responsible person for collection and disposal of solid waste. (Code 2007)

    15-504

    CONTRACTS. The city shall have the right to enter into a contract with any responsible person for collection and disposal of solid waste. (Code 2007)

    15-505

    CONTAINERS. Residential containers shall have a capacity of not more than 30 gallons. They shall be of galvanized metal or other non-rusting material of substantial construction. Each container shall have a tight fitting lid and shall be leak-proof and fly-tight. All containers shall have handles of suitable construction to permit lifting. Plastic bags manufactured for garbage and refuse disposal may be substituted for residential containers. Plastic bags, when used, shall be securely  closed. All garbage shall be drained of all liquids before being placed in bags or containers. (Code 2007)

    15-506

    CONTAINERS. Residential containers shall have a capacity of not more than 30 gallons. They shall be of galvanized metal or other non-rusting material of substantial construction. Each container shall have a tight fitting lid and shall be leak-proof and fly-tight. All containers shall have handles of suitable construction to permit lifting. Plastic bags manufactured for garbage and refuse disposal may be substituted for residential containers. Plastic bags, when used, shall be securely  closed. All garbage shall be drained of all liquids before being placed in bags or containers. (Code 2007)

    15-507

    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 therefrom as required by this article. (Code 2007)

    15-508

    OWNERSHIP OF SOLID WASTE. Ownership of solid waste when placed in containers by the occupants or owners of premises upon which refuse accumulates, shall be vested in the city and thereafter shall be subject to the exclusive control of the city, its employees or contractors. No person shall meddle with refuse containers or in anyway pilfer or scatter contents thereof in any alley or street within the city. (Code 2007)

    15-509

    WRAPPING GARBAGE. All garbage shall be drained of all excess liquid, and wrapped in paper or other disposable container before being placed in solid waste containers. (Code 2007)

    15-510

    HEAVY, BULKY WASTE. Heavy accumulations such as brush, tree limbs, broken concrete, sand or gravel, automobile frames, dead trees, and other bulky, heavy materials shall be disposed of at the expense of the owner or person controlling same. (Code 2007)

    15-511

    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 which may present a special hazard to collection or disposal personnel, equipment, or to the public. (Code 2007)

    15-512

    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 or under his 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. (Code 2007)

    15-513

    OBJECTIONABLE WASTE. Manure from cow lots, stables, poultry yards, pigeon lofts and other animal or fowl pens, and waste oils from garages or filling stations shall be removed and disposed of at the expense of the person controlling the same and in a manner consistent with this article. (Code 2007)

    15-514

    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 2007)

    15-515

    PRIVATE COLLECTORS; LICENSE REQUIRED,
    (a) It shall be unlawful for any person, except an employee of the city specifically authorized for that purpose, to collect or transport any solid waste within the city, without securing a license from the city.
    (b) Nothing herein shall be construed to prevent a person from hauling or disposing of his or her own solid waste providing it is done in such a 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. (Code 2007)

    15-516

    SAME; APPLICATION. Any person desiring to collect or transport solid waste within the city shall make application for a license to the city clerk. The application shall set forth the name and address of the applicant, the make and type of vehicle to be operated for collecting and transporting solid waste. The application shall be accompanied by a certificate of inspection and approval of said vehicle by the county health officer issued not more than 15 days prior to the date of application. (Code 2007)

    15-517

    SAME; FEE. No license shall be issued unless the applicant shall pay to the city clerk the sum of $ 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 1 st of the calendar year in which said permit is issued. (Code 2007)

    15-518

    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 in a condition to be clearly legible. The number shall be used only on the vehicle for which it is issued. (Code 2007)

    15-519

    CLOSED VEHICLE. Any vehicle used by any person for the collection and transportation of solid 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 therefrom. Only tree trimmings or brush may be transported in open-bodied vehicles provided the material is securely tied in place to prevent scattering along the streets and alleys. (Code 2007)

    15-520

    RULES AND REGULATIONS. The collection and transportation of trash and waste materials shall be at all times under the general supervision of the mayor 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. (Code 2007)

    15-521

    FAILURE TO SECURE LICENSE. Any person who shall conductor operate within the city limits any vehicle for the purpose of collecting and transporting solid waste without first obtaining a license as required by this article or who shall violate the terms and provisions of this article shall be deemed guilty of a violation of this code and upon conviction thereof shall be punished as provided in section 1-116. (Code 2007)

    15-522

    CHARGES. The city shall establish and collect a service charge to defray the cost and maintenance of the collection and disposition of solid waste within the city. (Code 2007)

    15-523

    SAME; FEE SCHEDULE. (Reserved)

    15-524

    BILLING. Solid waste charges shall be billed monthly and shall be included on water or utility bills. 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 water bills. (Code 2007)

    15-525

    SAME; DELINQUENT ACCOUNT. In the event the owner or occupant of any property shall fail to pay the solid waste bills within 60 days following the date upon which it becomes due, the city clerk shall annually certify such unpaid bills to the county clerk as a lien upon the property. The lien shall be collected subject to the same regulations and penalties as other property taxes are collected. (K.S.A. 65-3410; Code 2007)

    ARTICLE 6 - Water Conservation

    15-601

    PURPOSE. The purpose of this article is to provide for the declaration of a water supply emergency and the implementation of voluntary and mandatory water conservation measures throughout the city in the event such an emergency is declared. (Ord. 557, Sec. 1; Code 2007)

    15-602

    DEFINITIONS,
    (a) Water - shall mean water available to the City of Arma, Kansas for treatment by virtue of its water rights or any treated water introduced by the city into its water distribution system, including water offered for sale at any coin- operated site.
    (b) Customer - shall mean the customer of record using water for any purpose from the city's water distribution system and for which either a regular charge is made or, in the case of coin sales, a cash charge is made at the site of delivery.
    (c) Waste of Water - includes, but is not limited to (1) permitting water to escape down a gutter, ditch, or other surface drain, or (2) failure to repair a controllable leak of water due to defective plumbing.
    (d) The following classes of uses of water are established: Class 1: Water used for outdoor watering, either public or private, for gardens, lawns, trees, shrubs, plants, parks, golf courses, playing fields, swimming pools or other recreational area; or the washing of motor vehicles, boats, trailers, or the exterior of any building or structure. Class 2: Water used for any commercial or industrial, including agricultural, purposes; except water actually necessary to maintain the health and personal hygiene of bona fide employees while such employees are engaged in the performance of their duties at their place of employment. Class 3: Domestic usage, other than that which would be included in either classes 1 or 2. Class 4: Water necessary only to sustain human life and the lives of domestic pets and maintain standards of hygiene and sanitation. (Ord. 557, Sec. 2; Code 2007)

    15-603

    DECLARATION OF WATER WATCH. Whenever the governing body of the City finds that conditions indicate that the probability of a drought or some other condition causing a major water supply shortage is rising, it shall be empowered to declare, by resolution, that a water watch exists and that it shall take steps to inform the public and ask for voluntary reductions in water use. Such a watch shall be deemed to continue until it is declared by resolution of the governing body to have ended. The resolutions declaring the existence and end of a water watch shall be effective upon their publication in the official city newspaper. (Ord. 557, Sec. 3; Code 2007)

    15-604

    DECLARATION OF WATER WARNING. Whenever the governing body of the City finds that drought conditions or some other condition causing a major water supply shortage are present and supplies are starting to decline, it shall beempowered to declare by resolution that a water warning exists and that it will recommend restrictions on nonessential uses during the period of warning. Such a warning shall be deemed to continue until it is declared by resolution of the governing body to have ended. The resolutions declaring the beginning and ending of the water warning shall be effective upon their publication in the official city newspaper. (Ord. 557, Sec. 4; Code 2007)

    15-605

    DECLARATION OF WATER EMERGENCY. Whenever the governing body of the City finds that an emergency exists by reason of a shortage of water supply needed for essential uses, it shall be empowered to declare by resolution that a water supply emergency exists and that it will impose mandatory restrictions on water use during the period of the emergency. Such an emergency shall be deemed to continue until it is declared by resolution of the governing body to have ended. The resolutions declaring the existence and end of a water supply emergency shall be effective upon their publication in the official city newspaper. (Ord. 557, Sec. 5; Code 2007)

    15-606

    VOLUNTARY CONSERVATION MEASURES. Upon the declaration of awater watch or water warning as provided in Sections 15-603 and 15-604, the mayor (or the city manager) is authorized to call on all water consumers to employ voluntary water conservation measures to limit or eliminate nonessential water uses including, but not limited to, limitations on the following uses:
    (a) Class I uses of water.
    (b) Waste of water. (Ord. 557, Sec. 6; Code 2007)

    15-607

    MANDATORY CONSERVATION MEASURES. Upon the declaration of a water supply emergency as provided in Section 15-605, the mayor (or the city manager) is also authorized to implement certain mandatory water conservation measures, including, but not limited to, the following:
    (a) Suspension of new connections to the City's water distribution system, except connections of fire hydrants and those made pursuant to agreements entered into by the City prior to the effective date of the declaration of the emergency;
    (b) Restrictions on the uses of water in one or more classes of water use, wholly or in part;
    (c) Restrictions on the sales of water at coin-operated facilities or sites;
    (d) The imposition of water rationing based on any reasonable formula including, but not limited to, the percentage of normal use and per capita or per consumer restrictions;
    (e) Complete or partial bans on the waste of water; and
    (f) Any combination of the foregoing measures. (Ord. 557, Sec. 7; Code 2007)

    15-608

    EMERGENCY WATER RATES. Upon the declaration of a water supply emergency as provided in Section 16-605, the governing body of the City shall have the power to adopt emergency water rates by ordinance designed to conserve water supplies. Such emergency rates may provide for, but are not limited to:
    (a) Higher charges for increasing usage per unit of use (increasing block rates);
    (b) Uniform charges for water usage per unit of use (uniform unit rate); or 
    (c) Extra charges in excess of a specified level of water use (excess demand surcharge). (Ord. 557, Sec. 8; Code 2007)

    15-609

    REGULATIONS. During the effective period of any water supply emergency as provided for in Section 15-605, the mayor (or city manager or water superintendent) is empowered to promulgate such regulations as may be necessary to carry out the provisions of this ordinance, any water supply emergency resolution, or emergency water rate ordinance. Such regulations shall be subject to the approval of the governing body at its next regular or special meeting. (Ord. 557, Sec. 9; Code 2007)

    15-610

    VIOLATIONS; DISCONNECTIONS AND PENALTIES,
    (a) If the mayor, city manager, water superintendent, or other city official or officials charged with implementation and enforcement of this ordinance or a water supply emergency resolution learn of any violation of any water use restrictions imposed pursuant to Sections 15-607 or 15-609, a written notice of the violation shall be affixed to the property where the violation occurred and the customer of record any other person known to the City who is responsible for the violation or its correction shall be provided with either actual or mailed notice. Said notice shall describe the violation and order that it be corrected, cured or abated immediately or within such specified time as the City determines is reasonable under the circumstances. If the order is not complied with, the City may terminate water service to the customer subject to the following procedures:
    (1) The City shall give the customer notice by mail or actual notice that water service will be discontinued within a specified time due to the violation and that the customer will have the opportunity to appeal the termination by requesting a hearing scheduled before the City governing body or a city official designated as a hearing officer by the governing body;
    (2) If such a hearing is requested by the customer charged with the violation, he or she shall be given a full opportunity to be heard before termination is ordered; and
    (3) The governing body or hearing officer shall make findings of fact and order whether service should continue or be terminated.
    (b) A fee of $50.00 shall be paid for the reconnection of any water service terminated pursuant to subsection
    (a). In the event of subsequent violations, the reconnection fee shall be $200.00 for the second reconnection and $300.00 for any additional reconnections.
    (c) Violations of this ordinance shall be a municipal offense and may be prosecuted in Municipal Court. Any person so charged and found guilty in Municipal court of violating the provisions of this ordinance shall be guilty of a municipal offense. Each day's violation shall constitute a separate offense. The penalty for an initial violation shall be a mandatory fine of $100.00. In addition, such customer may be required by the Court to serve a definite term of confinement in the city or county jail which shall be fixed by the Court and which shall not exceed 30 days. The penalty for a second or subsequent conviction shall be a mandatory fine of $200.00. In addition, such customer shall serve a definite term of confinement in the city or county jail which shall be fixed by the Court and which shall not exceed 30 days. (Ord. 557, Sec. 10; Code 2007)

    15-611

    EMERGENCY TERMINATION. Nothing in this Article shall limit the ability of any properly authorized city official from terminating the supply of water to any or all customers upon the determination of such city official that emergency termination of water service is required to protect the health and safety of the public. (Ord. 557, Sec. 11; Code 2007)

  • ARTICLE 1 - City Planning Commission / Board of Zoning Appeals

    16-101

    COMMISSION RE-ESTABLISHMENT. There is hereby re-established the Planning Commission for the City of Arma, which is composed of nine (9) members of which seven (7) members shall be residents of the city and two members shall reside outside the city, but within the designated planning area of the city which is within at least three miles of the corporate limits of the city. (Ord. 452, Sec. 1; Code 2007)

    16-102

    MEMBERSHIP, TERMS, INTEREST AND COMPENSATION. The members of the planning commission shall be appointed by the mayor with the consent of the governing body at the first regular meeting of the governing body in May of each year and take office at the next regular meeting of the commission. All members shall be appointed for staggered terms of three years each. The appointments shall be so made that the terms of office of the members residing outside of the corporate limits of the city do not expire within the same year. By the re-establishment of the commission, all current members continue to serve their present terms of office. In case of death, incapacity, resignation or disqualification of any member, appointment to such a vacancy on the commission shall be made of the unexpired term of the member leaving the membership. Should any member have a conflict of interest, either directly or indirectly, in any matter coming before the commission, he or she shall be disqualified to discuss or vote on the matter. The governing body may adopt rules and regulations providing for removal of members of the commission. Members of the commission shall serve without compensation, but may be reimbursed for expenses actually incurred in the performance of their duties as deemed desirable by the governing body. (Ord. 452, Sec. 1; Code 2007)

    16-103

    MEETINGS, OFFICERS AND RECORDS. The members of the planning commission shall meet at such time and place as may be fixed in the commission's bylaws. The commission shall elect one member as chairperson and one member as vice-chairperson who shall serve one year and until their successors have been elected. A secretary shall also be elected who may or may not be a member of the commission. Special meetings may be called at any time by the chairperson or in the chairperson's absence by the vice-chairperson. The commission shall adopt bylaws for the transaction of business and hearing procedures. All actions by the commission shall be taken by a majority vote of the entire membership of the commission; except that, a majority of the members present and voting at the hearing shall be required to recommend approval or denial of an amendment to the zoning regulations, a rezoning amendment or a special use permit. A proper record of all the proceedings of the commission shall be kept. The commission, from time to time, may establish subcommittees, advisory committees ortechnical committees to advise or assist in the activities of the commission. (Ord. 452, Sec. 3; Code 2007)

    16-104

    POWERS AND DUTIES. Thegoverning body and planning commission shall have all the rights, powers and duties as authorized in K.S.A. 12-741 et sea., and amendments thereto, which are hereby incorporated by reference as part of this section and shall be given full force and effect as if the same had been fully set forth. The commission is hereby authorized to make or cause to be made, adopted and maintained a comprehensive plan for the city and any unincorporated territory lying outside of the city but within Crawford County in which the city is located, which in the opinion of the commission forms the total community of which the city is a part. The commission shall also cause to be prepared, adopted and maintained zoning and subdivision regulations on all land within the jurisdiction designated by the governing body. The comprehensive plan and zoning and subdivision regulations are subject to final approval of the governing body by ordinance. Periodically, the governing body may request the commission to undertake other assignments related to planning and land use regulations. (Code 2007)

    16-105

    BOARD OF ZONING APPEALS. The planning commission is hereby designated to also serve as the city's board of zoning appeals with all the powers and duties as provided for in K.S.A. 12-759. The board shall adopt rules in the form of bylaws for its operation which shall include hearing procedures. Such bylaws shall be subject to the approval of the governing body. Public records shall be kept of all official actions of the board which shall be maintained separately from those of the commission. The board shall keep minutes of its proceedings showing evidence presented, findings of fact, decisions and the vote upon each question or appeal. A majority of the members of the board present and voting at the hearing shall be required to decide any appeal. Subject to subsequent approval of the governing body, the board shall establish a scale of reasonable fees to be paid in advance by the appealing party. (Ord. 556; Code 2007)

    16-106

    BUDGET. The governing body shall approve a budget for the planning commission and make such allowances to the commission as it deems proper, including funds for the employment of such employees or consultants as the governing body may authorize and provide, and shall add the same to the general budget. Prior to the time that moneys are available under the budget, the governing body may appropriate moneys for such purposes from the general fund. The governing body may enter into such contracts as it deems necessary and may receive and expend funds and moneys from the state orfederal government or from any other resource for such purposes. (Code 2007)

    16-107

    ZONING ADMINISTRATOR. The city clerk or his/her designated agent shall serve as Zoning Administrator for the City of Arma. (Ord. 459, Sec. 2; Code 2007)

    ARTICLE 2 - Zoning Regulations

    16-201

    ZONING REGULATIONS INCORPORATED. There are hereby incorporated by reference as if set out fully herein, the zoning regulations adopted by the governing body of the City of Arma, Crawford County, Kansas, as prepared by the city and incorporating by reference the Official Zoning District Boundary Map, as prepared by Burns & McDonnell Consultants, dated May, 1991, and consisting of Ordinance Nos. 458, 472 and 479 and entitled, "Zoning Regulations of the City of Arma, Kansas." No fewer than three copies of the zoning regulations, marked "Official Copy as Incorporated by the Code of the City of Arma" and to which there shall be a published copy of this section attached, shall be filed with the city clerk to be open for inspection and available to the public at all reasonable business hours. (Ord. 458, Sees. 1:2; Ord. 472; Ord. 479; Code 2007)

    16-202

    FEES. There is hereby established the following schedule of fees for the purpose of processing applications for amendments or revisions to the Zoning Ordinance text or the Zoning District boundary map, or applications for conditional use permits, as specified in Article 24 of the Zoning Ordinance of Anna, Kansas:
    (a) The fee for processing an application for an amendment or revision of the Zoning Ordinance text shall be $25.00 plus the cost of publication of notice in the official City newspaper.
    (b) The fee for processing an application for a revision of the Zoning District Boundary Map shall be $25.00, plus the cost of publication of notice in the official City newspaper, plus the cost of first-class postage for the purpose of mailing notice to all owners of property within the notification area as specified in Article 24 of the Zoning Ordinance.
    (c) The fee for processing an application for a conditional use permit shall be $25.00, plus the cost of publication of notice in the official City newspaper, plus the cost of first-class postage for the purpose of mailing notice to all owners of property within the notification area as specified in Article 24 of the Zoning Ordinance.
    (d) The fee for processing an application to the Board of Zoning Appeals for variance or special exception shall be $25.00, plus the cost of publication of notice in the official City newspaper, plus the cost of postage for the purpose of mailing notice by registered mail to all owners of property within the notification area as specified in Article 21 of the Zoning Ordinance.
    (f) The fee for processing an application to the Board of Zoning Appeals for an appeal of any administrative order, requirement, decision, or determination made by an administrative official in the enforcement of the Zoning Ordinance shall be $25.00 plus the cost of publication in the official City newspaper.
    (g) All fees as specified in Section 1 of this ordinance shall be collected by the Zoning Administrator and shall be deposited in the City's account of General Funds. (Ord. 460, Sees. 1:2; Code 2007)

    ARTICLE 3 - Subdivision Regulations

    16-301

    REGULATIONS INCORPORATED. There are hereby incorporated by reference, as if set out fully herein, certain regulations governing the subdivision of land located within the City of Arma, Kansas and certain surrounding area as described therein, as adopted by the governing body of the City of Arma, Kansas. No fewer than three copies of the subdivision regulations marked "Official Copy as incorporated by the Code of the City of Arma" and to which there shall be a published copy of this section attached, shall be filed with the city clerk to be open for inspection and available to the public at all reasonable hours. (Ord. 462; Code 2007)

  • NOTE: The charter ordinances included herein are for information only. Each of them contains the substance as adopted by the governing body but enacting clauses, publication clauses and signatures have been omitted to conserve space. Complete copies of each charter ordinance as adopted are on file in the office of the city clerk and with the Kansas secretary of state. Date of passage by the governing body of each charter ordinance is shown in parentheses at the end of the text.

  • Ordinance No 526

    AN ORDINANCE, GRANTING TO KANSAS GAS SERVICE, INC., ITS SUCCESSORS AND ASSIGNS, A NATURAL GAS FRANCHISE, PRESCRIBING THE TERMS THEREOF AND RELATING THERETO, AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES INCONSISTENT WITH OR IN CONFLICT WITH THE TERMS HEREOF.

    Section 1.

    After a full, open and public hearing, upon prior notice and the opportunity to all interested parties to be heard, and after review of the qualifications of Craw-Kan Telephone Cooperative and after determining that Craw-Kan Telephone Cooperative is legally qualified, adequately financed, and technically competent to provide community television services (hereinafter "Cable Television Services or Systems") to the City of Arma, Kansas, and after determining that the construction agreements of Craw-Kan Telephone Cooperative are adequate and feasible, there is hereby granted to Craw-Kan Telephone Cooperative, a corporation duly authorized to do business in the State of Kansas (hereinafter called the "Grantee"), and to the Grantee's successors, lessees, and assigns, for the full term of fifteen (15) years from the date hereof, the non-exclusive right, authority, power and franchise to establish, construct, acquire, maintain and operate a Cable Television System with the City of Arma, Kansas (hereinafter called the "City") to render, furnish and sell Cable Television Services from such system to the inhabitants of the City and its environs, and to use and occupy the streets and other public places within the corporate limits of the City as the same now exist or may hereafter exist for its Cable Television System, including the right to enter and construct, erect, locate, relocate, repair and rebuild in, on, under, af6ng, over and across the streets, alleys, avenues, parkways, lanes, bridges, easements, rights of way, and other public places of the City, all cables, amplifiers, conduits, and other facilities owned, leased, or otherwise used by the Grantee for the furnishing of Cable Television Services within the City and environs thereof during the continuance of the franchise hereby granted.

    Section 2.

    Any pavements, sidewalks, or curbing taken up or any and all excavations made by the Grantee shall be done under the supervision and direction of the governing body of the City under the permits issued for work by the proper officials of the City and shall be made and done in such manner as to give the least inconvenience to the inhabitants of the City and the public generally, and all such pavements, sidewalks, curbing, and excavations shall be replaced and repaired in as good condition as before, with all convenient speed, by and at the expense of the Grantee, which shall at all times make and keep full and complete plats, maps, and records showing the exact location of its facilities located within the public ways of the City. The Grantee shall not place fixtures where the same will interfere with any gas, electric or telephone fixtures, water hydrants or mains, and all fixtures placed in any streets shall be placed close to the line of the lot abutting on said alley, and then in such a manner as not to interfere with the usual travel on said streets, alleys and public ways.

    Section 3.

    It is expressly understood and agreed by and between the Grantee and the City that the Grantee shall save the City harmless from all loss sustained by the City on account of any suit, judgment, execution, claim or demand whatsoever, resulting from negligence on the part of the Grantee in the construction, operation or maintenance of its system in the City, and Grantee shall cause to be defended at its own expense all actions that may be commenced against the City by reason of the construction and/or operation of such system. The Grantee shall carry public liability and property damage insurance in the sum of $500,000 Dollars for each individual, $1,000,000 for each accident, and $100,000 Dollar fur property damage, with the City named as an additional insured, said insurance to be carried with an insurance company with a recognized national rating acceptable to the City.

    Section 4.

    The Grantee shall have the authority to promulgate such rules, regulations, terms and conditions of its business a shall be reasonably necessary to enable the Grantee to exercise its rights and perform its services to each and all of its customers. The Grantee shall have the right and power to fix, charge, collect and receive reasonable rates for Cable Television Services furnished within the corporate limits of the City, subject to Section 10 hereafter.

    Section 5.

    The City reserves the right of reasonable regulation of the erection, construction or installation of any facilities by the Grantee and to reasonably designate where such facilities are to be placed within the public ways and places.

    Section 6.

    The Grantee shall, on the request of any person holding a building moving permit issued by the City temporarily raise or lower its wires or cables to permit the moving of buildings. The expense of such temporary removal, and of raising or lowering of wires or cables, shall be paid by the person requesting the same, and the Grantee shall have the authority to require such payment in advance. The Grantee shall be given not less than forty-eight (48) hours advance notice to arrange for such temporary wire or cable changes.

    Section 7.

    In the event that at any time during the period of this franchise the City shall lawfully elect to alter, or change the grade of, any Street, alley or other publicway, the Grantee, upon reasonable notice by the City, shall remove, relay and relocate its poles, wires, cables, underground conduits, manholes and other fixtures at Grantee's expense.

    Section 8.

    The Grantee shall, at all times during the life of this franchise, be subject to all lawful exercise of the police power by the City, and to such reasonable regulation as the City shall hereafter by resolution or ordinance provide.

    Section 9.

    In consideration for the rights, privileges and franchise hereby granted, and as compensation to the City for the use of its public ways and places by the Grantee, and in lieu of all occupation and license taxes, the Grantee shall, on or before the 31 st day of January and the 31 st day of July of each year in which this franchise is effective, pay to the City a sum equal to five percent (5%) of the gross receipts, from the sale of basic community antennae and closed-circuit electronic services within the then existing corporate limits of the City for the preceding six (6) month period ending on the 3 1st day of December and 30th day of June, respectively. The term "gross receipts" as applied to sales of basic community antennae and closed-circuit electronic services, as used in this section, shall include basic service (excluding there from sales of pay television services of the Grantee, installation and re-connection charges, additional outlet charges, equipment sales and sales of program guides) sold for domestic or residential consumption, and basic service for commercial or industrial consumption; provided, however, there shall not be included basic service sold to educational institutions not operating for profit, churches and charitable institutions, as such users are defined and construed by the Internal Revenue Service undercurrent revenue acts. The City reserves the right to review and/or increase the franchise fee annually.

    Section 10.

    The City reserves the right to regulate rates and charges imposed by Grantee to the extent permitted by any present or future CATV system regulatory law.

    Section 11.

    Grantee shall provide subscriber services on the following basis:
    (A) Grantee shall:
    (1) Provide a toll-free telephone service, on a seven-day-a-week, 24-hour-a-day basis, capable of forwarding subscriber complaints to Grantee.
    (2) Respond to subscriber complaints within 36 hours after the customer callsin, except for acts of God.
    (3) In those cases where services in not restored within thirty-six (36) hours, except for acts of God, Grantee shall upon customer request refund or credit an appropriate portion of the monthly charge for tier of service which is unavailable to the subscriber.
    (B) Grantee shall cooperate with the City to maintain appropriate subscriber complaint procedures.

    Section 12.

    As an inducement to Grantee to continue to improve its systems and services offered at all times during the franchise period, the City hereby agrees to give Grantee the first opportunity to negotiate a renewal of this franchise agreement with the City after the expiration of the initial franchise period herein stated. Assuming Grantee's operation under this franchise agreement has been satisfactory, and after compliance with applicable rules and regulations of the Federal Communications Commission, the Governing Body shall give favorable consideration to renewal of this franchise agreement by Grantee, if Grantee so requests and provides evidence that it can and will provide facilities and services at least equal to other prospective franchisees offering similar services and facilities.

    Section 13.

    This franchise and the rights, privileges, and authority hereby granted shall take effect and be in force from and after final passage hereof, as provided by law, and shall continue in force and effect for a term of fifteen (15) years.

    Section 14.

    It shall be the policy of the City to amend this franchise, upon application of the Grantee, when necessary to enable the Grantee to take advantage of any developments in the field of transmission of television and radio signals which will afford it an opportunity to more effectively, efficiently or economically serve its customers, and to enable the Grantee to conform to the rules and regulations of the Federal Communications Commission as they may be amended from time to time.

    Section 15.

    Upon termination of service to any subscriber, the Grantee shall promptly remove all its facilities and equipment from the premises of such subscriber.

    Section 16.

    All ordinances and parts of ordinances in conflict herewith are hereby subordinated as of the effective date of this ordinance.

    Section 17.

    All provisions of this ordinance shall be binding upon the Grantee and all successors, lessees and assigns of the Grantee whether expressly stated herein or not, and all the rights, authorities, powers, grants, and privileges secured by this ordinance to the Grantee shall be held to inure to the benefit of the Grantee and all successors, lessees, and assigns of the Grantee. (11-04-02)

  • ORDINANCE 606

    AN ORDINANCE. granting to Kansas Gas Service. Inc., its successors and assigns, a natural gas franchise, prescribing the terms thereof and relating thereto, and repealing all ordinances or parts of ordinances inconsistent with or in conflict with the terms hereof.
    BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF ARMA:

    Section 1

    That in consideration of the benefits to be derived by the City of Arma ("City"), and its inhabitants there is hereby granted to Kansas Gas Service Inc. ("Company") said Company being a corporation operating a system for the transmission and distribution of natural gas in the State of Kansas, the right, privilege, and authority for a period of twenty (20) years from the effective date of this ordinance. to occupy and use the­ several streets, avenues, alleys, bridges, parks, parking lots, and public places of said City, for the placing and maintaining of equipment and property ne9essary to carry on the business of selling and distributing natural gas for all purposes to the City. and its inhabitants, and through said City and beyond the limits thereof; to obtain said natural gas from any source available and to do all things necessary or proper to carry on said business in the City.

    Section 2

    As further consideration for the granting of this franchise, and in lieu of any city occupation, license or revenue taxes, the Company shall pay to the City during the tenn of this franchise five percent (5%) of said gross cash receipts from the sale of natural gas for consumption in the City for all purposes within the corporate limits of the City, such payments to be made monthly for the preceding monthly period. Gross cash receipts shall not include other operating revenues received by the Company, which are not related to the "sale of natural gas". These include, but are not limited to, delayed payment charges, connection fees. disconnection and reconnection fees, collection fees. and return check charges.

    Section 3

    That all mains. services. and pipe which shall be laid or installed under this grant shall be so located and laid as not to obstruct or interfere with any water pipes, drains, sewers, or other structures already installed. Company shall obtain at no additional cost to Company, such permits prior to commencing work in the streets, avenues, bridges, parks. parking lots. and public places as City may from time to time require for purposes of record keeping. Except that in the event of an emergency Company shall have the right to commence work without having first obtained such permit(s).

    Section 4

    Company shall, in doing of the work in connection with its said gas mains. pipes and services avoid, so far as may be practicable. interfering with the use of any street, alley. avenue or other public throughfare, shall at its own expense and in a manner satisfactory to the duly auth01ized representatives of the City replace such paving or surface in substantially as good condition as before said work was commenced.

    Section 5

    It is recognized that the natural gas to be delivered hereunder is to be supplied from a pipeline system transporting natural gas from distant sources of supply; and the Company, by its acceptance of this franchise as hereinafter provided. does obligate itself to furnish natural gas in such quantity and for such length of time. limited by the terms hereof as the said sources and said pipelines are reasonably capable of supplying.

    Section 6

    That Company, its successors and assigns. in the construction, maintenance, and operation of its natural gas system, shall use all reasonable and proper precaution to avoid damage or injury to persons and property, and shall hold and save harmless the City from any and all damage, injury and expense caused by the negligence of said Company, its successors and assigns. or its or their agents or servants.

    Section 7

    Upon written request of either the City or the Company the franchise shall be reviewed after 5 years from the effective date of this ordinance and every 5th year thereafter and either the City or the Company may propose amendments to any provision of the franchise by giving ninety days written notice to the other of the amendment(s) desired. The City and the Company shall negotiate in good faith in an effort to agree upon mutually satisfactory amendment(s).

    Section 8

    After approval of this Ordinance by the State Corporation Commission Company shall file with the City Clerk of the City its unconditional written acceptance of the Ordinance. Said Ordinance shall become effective and be in force and shall be and become binding contract between the parti s hereto, their successors and assigns. from and the expiration of sixty (60) days from final passage, approval, and publication as required by law. and acceptance by said Company.

    Section 9

    This Ordinance, when accepted as above provided shall constitute the entire agreement between the City and the Company relating to this franchise and the same shall supersede and cancel any prior understandings, agreements or representations regarding the subject matter hereof_ or involved in negotiations pertaining thereto, whether oral or written.

    Section 10

    This franchise is granted pursuant to the provisions of K.S.A.12-2001.

    Section 11

    That any and all ordinances or parts of ordinances in conflict with the terms hereof are hereby repealed.

    Section 12

    Should the State Corporation Commission take any action-with respect to this franchise ordinance, which or may preclude Kansas Gas Service, Inc. from recovering from its customers any cost provided for hereunder, the parties hereto shall renegotiate this ordinance in accordance with the State Corporation commission's ruling.

  • Ordinance No 538

    AN ORDINANCE OF THE CITY OF ARMA, KANSAS GRANTS TO CRAW-KAN TELEPHONE COOPERATIVE, ITS SUCCESSORS, LESSEES AND ASSIGNS, FOR A TERM OF FIFTEEN (15) YEARS, THE NON-EXCLUSIVE RIGHT, AUTHORITY, POWER AND FRANCHISE TO ESTABLISH, CONSTRUCT, ACQUIRE, MAINTAIN AND OPERATE A COMMUNITY ANTENNAE AND CLOSED­ CIRCUIT ELECTRONIC SYSTEM WITHIN THE CITY OF ARMA, KANSAS, TO RENDER, FURNISH AND SELL COMMUNITY ANTENNAE AND CLOSED­ CIRCUIT ELECTRONIC SERVICES THEREFROM WITHIN THE CITY OF ARMA, AND ENVIRONS THEREOF, AND TO USE AND OCCUPY THE STREETS AND OTHER PUBLIC PLACES OF THE CITY OF ARMA, FOR SUCH COMMUNITY ANTENNAE AND CLOSED-CIRCUIT ELECTRONIC SYSTEM.

    Section 1.

    After a full, open and public hearing, upon prior notice and the opportunity to all interested parties to be heard, and after review of the qualifications of Craw-Kan Telephone Cooperative and after determining that Craw-Kan Telephone Cooperative is legally qualified, adequately financed, and technically competent provide community television services (hereinafter "Cable Television Services or Systems") to the City of Arma, Kansas, and after determining that the construction agreements of Craw-Kan Telephone Cooperative are adequate and feasible, there is hereby granted to Craw-Kan Telephone Cooperative, a corporation duly authorized to do business in the State of Kansas (hereinafter called the "Grantee"), and to the Grantee's successors, lessees, and assigns, for the full term of fifteen (15) years from the date hereof, the non-exclusive right, authority, power and franchise to establish, construct, acquire, maintain and operate a Cable Television System with the City of Arma, Kansas (hereinafter called the "City") to render, furnish and sell Cable Television Services from such system to the inhabitants of the City and its environs, and to use and occupy the streets and other public places within the corporate limits of the City as the same now exist or may hereafter exist for its Cable Television System, including the right to enter and construct, erect, locate, relocate, repair and rebuild in, on, under, af6ng, over and across the streets, alleys, avenues, parkways, lanes, bridges, easements, rights of way, and other public places of the City, all cables, amplifiers, conduits, and other facilities owned, leased, or otherwise used by the Grantee for the furnishing of Cable Television Services within the City and environs thereof during the continuance of the franchise hereby granted.

    Section 2.

    Any pavements, sidewalks, or curbing taken up or any and all excavations made by the Grantee shall be done under the supervision and direction of the governing body of the City under the permits issued for work by the proper officials of the City and shall be made and done in such manner as to give the least inconvenience to the inhabitants of the City and the public generally, and all such pavements, sidewalks, curbing, and excavations shall be replaced and repaired in as good condition as before, with all convenient speed, by and at the expense of the Grantee, which shall at all times make and keep full and complete plats, maps, and records showing the exact location of its facilities located within the public ways of the City. The Grantee shall not place fixtures where the same will interfere with any gas, electric or telephone fixtures, water hydrants or mains, and all fixtures placed in any streets shall be placed close to the line of the lot abutting on said alley, and then in such a manner as not to interfere with the usual travel on said streets, alleys, and public ways.

    Section 3.

    It is expressly understood and agreed by and between the Grantee and the City that the Grantee shall save the City harmless from all loss sustained by the City on account of any suit, judgment, execution, claim or demand whatsoever, resulting from negligence on the part of the Grantee in the construction, operation or maintenance of its system in the City, and Grantee shall cause to be defended at its own expense all actions that may be commenced against the City by reason of the construction and/or operation of such system. The Grantee shall carry public liability and property damage insurance in the sum of $500,000 Dollars for each individual, $1,000,000 for each accident, and $100,000 Dollar fur property damage, with the City named as an additional insured, said insurance to be carried with an insurance company with a recognized national rating acceptable to the City.

    Section 4.

    The Grantee shall have the authority to promulgate such rules, regulations, terms, and conditions of its business a shall be reasonably necessary to enable the Grantee to exercise its rights and perform its services to each and all of its customers. The Grantee shall have the right and power to fix, charge, collect and receive reasonable rates for Cable Television Services furnished within the corporate limits of the City, subject to Section 10 hereafter.

    Section 5.

    The City reserves the right of reasonable regulation of the erection, construction or installation of any facilities by the Grantee and to reasonably designate where such facilities are to be placed within the public ways and places.

    Section 6.

    The Grantee shall, on the request of any person holding a building moving permit issued by the City temporarily raise or lower its wires or cables to permit the moving of buildings. The expense of such temporary removal, and of raising or lowering of wires or cables, shall be paid by the person requesting the same, and the Grantee shall have the authority to require such payment in advance. The Grantee shall be given not less than forty-eight (48) hours advance notice to arrange for such temporary wire or cable changes.

    Section 7.

    In the event that at any time during the period of this franchise the City shall lawfully elect to alter, or change the grade of, any Street, alley or other public way, the Grantee, upon reasonable notice by the City, shall remove, relay and relocate its poles, wires, cables, underground conduits, manholes and other fixtures at Grantee's expense.

    Section 8.

    The Grantee shall, at all times during the life of this franchise, be subject to all lawful exercise of the police power by the City, and to such reasonable regulation as the City shall hereafter by resolution or ordinance provide.

    Section 9.

    In consideration for the rights, privileges and franchise hereby granted, and as compensation to the City for the use of its public ways and places by the Grantee, and in lieu of all occupation and license taxes, the Grantee shall, on or before the 31st day of January and the 31st day of July of each year in which this franchise is effective, pay to the City a sum equal to five percent (5%) of the gross receipts, from the sale of basic community antennae and closed-circuit electronic services within the then existing corporate limits of the City for the preceding six (6) month period ending on the 3 1st day of December and 30th day of June, respectively. The term "gross receipts" as applied to sales of basic community antennae and closed-circuit electronic services, as used in this section, shall include basic service (excluding there from sales of pay television services of the Grantee, installation and re-connection charges, additional outlet charges, equipment sales and sales of program guides) sold for domestic or residential consumption, and basic service for commercial or industrial consumption; provided, however, there shall not be included basic service sold to educational institutions not operating for profit, churches and charitable institutions, as such users are defined and construed by the Internal Revenue Service under current revenue acts. The City reserves the right to review and/or increase the franchise fee annually.

    Section 10.

    The City reserves the right to regulate rates and charges imposed by Grantee to the extent permitted by any present or future CATV system regulatory law.

    Section 11.

    Grantee shall provide subscriber services on the following basis:
    (A) Grantee shall:
    (1) Provide a toll-free telephone service, on a seven-day-a-week, 24-hour-a-day basis, capable of forwarding subscriber complaints to Grantee.
    (2) Respond to subscriber complaints within 36 hours after the customer calls in, except for acts of God.
    (3) In those cases where services in not restored within thirty-six (36) hours, except for acts of God, Grantee shall upon customer request refund or credit an appropriate portion of the monthly charge for tier of service which is unavailable to the subscriber.
    (B) Grantee shall cooperate with the City to maintain appropriate subscriber complaint procedures.

    Section 12.

    As an inducement to Grantee to continue to improve its systems and services offered at all times during the franchise period, the City hereby agrees to give Grantee the first opportunity to negotiate a renewal of this franchise agreement with the City after the expiration of the initial franchise period herein stated. Assuming Grantee's operation under this franchise agreement has been satisfactory, and after compliance with applicable rules and regulations of the Federal Communications Commission, the Governing Body shall give favorable consideration to renewal of this franchise agreement by Grantee, if Grantee so requests and provides evidence that it can and will provide facilities and services at least equal to other prospective franchisees offering similar services and facilities.

    Section 13.

    This franchise and the rights, privileges, and authority hereby granted shall take effect and be in force from and after final passage hereof, as provided by law, and shall continue in force and effect for a term of fifteen (15) years.

    Section 14.

    It shall be the policy of the City to amend this franchise, upon application of the Grantee, when necessary to enable the Grantee to take advantage of any developments in the field of transmission of television and radio signals which will afford it an opportunity to more effectively, efficiently or economically serve its customers, and to enable the Grantee to conform to the rules and regulations of the Federal Communications Commission as they may be amended from time to time.

    Section 15.

    Upon termination of service to any subscriber, the Grantee shall promptly remove all its facilities and equipment from the premises of such subscriber.

    Section 16.

    All ordinances and parts of ordinances in conflict herewith are hereby subordinated as of the effective date of this ordinance.

    Section 17.

    All provisions of this ordinance shall be binding upon the Grantee and all successors, lessees and assigns of the Grantee whether expressly stated herein or not, and all the rights, authorities, powers, grants, and privileges secured by this ordinance to the Grantee shall be held to inure to the benefit of the Grantee and all successors, lessees, and assigns of the Grantee. (11-04-02)

  • AN ORDINANCE PROVIDING FOR THE REGULATION OF PROPANE TANKS WITHIN THE CITY LIMITS OF ARMA, KANSAS
    WHEREAS The purpose of this ordinance is established for the.: safety and protection of the residents of Arma. Kansas. It is also designed to mitigate the potential threat-imposed b) the installation of LP Gas within the City

    Section 1 -

    The following provisions are adopted as Article 2. Section 213 of Chapter VII of the Code of the City of Arma, Kansas 2006:

    Section 2 - PROPANE TANK RESTRICTIONS

    All propane tanks and the use thereof are prohibited within the corporate limits of the city. This restriction shall not apply to uses such as grills or recreation vehicles or propane powered, vehicles. This shall not prohibit the use of standard size heating tanks for the use by construction companies and contractors for temporary installation on a building site. This temporary installation shall 1n no case exceeds 45 days and must be approved by the fire chief.

    Section 3 - SIZE.

    Propane tanks allowed for construction, grills, recreational vehicles, vehicles etc. shall not be larger than twenty (20) gallons in size. There shall be no more than t\YO propane tanks located on any lot or parcel in the City Limits of Arma, Kansas.

    Section 4 - VALIDITY.

    If any section or part of section or paragraph of this ordinance is declared invalid or w1constitutional, it shall not be held to invalidate or impair the validity, force, or effect of any other section or part of a section or paragraph of this ordinance.

    Section 5 - EFFECTIVE DATE.

    This ordinance shall be published one time in the Pittsburg Morning Sun, the official newspaper of said City, and shall take effect and be in force from and after said publication.

  • Section 1 - OPERATION OF GOLF CARTS


    a) Golf carts may be operated upon the public highways, streets, roads, and alleys within the corporate limits of the city; provided, however, that no golf cart may be operated upon any public highway, street, road, and alley with a posted speed limit in excess of 30 t les per hour. No golf cart shall be operated on any interstate highway, federal highway, or state highway; provided, however, that the provisions of this subsection shall not prohibit a golf cart from crossing a federal or state highway or a street or highway with a posted speed limit greater than 30 miles per hour.
    b) No golf cart shall be operated on any public highway, street, road or alley between sunset and sunrise.
    c) No golf cart shall be operated on any public sidewalk.
    d) No golf cart shall be operated on US 69, US 69 Business, South Street or West Street.
    e) Every person operating a golf cart on the public highways, streets, roads, and alleys of the City shall be subject to all of the duties applicable to a driver of a vehicle imposed by law.

    Section 2 - VALID DRIVERS LICENSE REQUIRED; PENALTY

    No person shall operate a golf cart on any public highway, street, road, or alley within the corporate limits of the City unless such person has a valid driver's license and is 18 years of age or older. Violation of this section is punishable by a fine of not more than $500.00 (Five Hundred Dollars) or by imprisonment for not more than thirty (30) days or by both such fine and imprisonment.

    Section 3 - DEFINITION.

    A golf cart means a motor vehicle that has not less than three (3) wheels in contact with the ground, an unladen weight of not more than 1,800 pounds, is designed to be operated at not more than 25 miles per hour and is designed to carry not more than four (4) persons, including the driver.

    Section 4 - PENALTY.

    Unless specifically provided herein, a violation of this section shall be deemed an ordinance traffic infraction. Upon any entry of a plea of guilty or no contest or upon being convicted of such violation, the penalty imposed shall be in accordance with Section 201, Standard Traffic Ordinance, and amendments thereto, or such other similar provision as the City may then have in effect.

    Section 5 - DISPLAY OF SLOW-MOVING VEHICLE EMBLEM.

    a) It shall be illegal to operate a golf cart on any public highway, street, road, or alley within the corporate limits of the City unless such vehicle displays a slow-moving vehicle emblem on the rear of the vehicle.
    b) For the purpose of this section, a slow-moving vehicle emblem has the same meaning as contained in K.S.A. 8-1717, and amendments thereto. ·
    c) The slow-moving vehicle emblem shall be mounted and displayed in compliance with K.S.A. 8-1717, and amendments thereto.
    d) The golf cart shall display a bright orange triangle flag no less than 84 inches off ground level on the rear of the vehicle.

    Section 6 - INSURANCE REQUIRED; PENALTY.

    a) Every owner of a golf cart shall provide liability coverage in accordance with Section 200 of the Standard Traffic Ordinance, and amendments thereto, and the Kansas Automobile Injury Reparations Act, K.S.A. 40-3101, et seq., and amendments thereto.
    b) All provisions of Section 200 of the Standard Traffic Ordinance, and amendments thereto shall be applicable to all owners and operators of golf carts.

    Section 7 - REGISTRATION AND LICENSE; FEE, APPLICATION; INSPECTION; PENALTY.


    a) Before operating any golf cart on any public highway, street, road, or alley within the corporate limits of the City and each calendar year thereafter, the vehicle shall be registered with the City and a license shall be obtained and placed on the golf cart. The license fee shall be Twenty Dollars ($20.00) per calendar year, payable in advance to the City Clerk. The full amount of the license fee shall be required regardless of the time of year that the application is made. Renewal date shall be January 1 of each year.
    b) Application for registration of a golf cart shall be made by the owner, or owner's agent, in the office of the City Clerk. The application shall be made upon forms provided by the city and each application shall contain the name of the owner, the owner's residence address, or bona fide place of business, a brief description of the vehicle to be registered including make, model, and serial number, if applicable, proof of insurance, as required in Section 6 shall be furnished at the time of application for registration.
    c) Prior to the issuance of the registration and license, each applicant for a golf cart license shall first present such vehicle for an official inspection. If, upon inspection and completion of the registration application, such vehicle is found to be in a safe mechanical condition, and upon establishing proof of insurance and payment of the fees herein provided, a license shall be issued to the owner who shall attach it to the vehicle. The license shall be displayed in such a manner as to be clearly visible from the rear of the vehicle. The license number on the application will be accounted for and then filed in the police department.
    d) It is unlawful for any person to willfully or maliciously remove, destroy, mutilate, or alter such licenses during the time in which the same is operative.
    e) The license issued hereunder is not transferable. In the event of sale or other transfer of ownership of any vehicle license under the provisions of this section, the existing license, and the right to use the numbered license shall expire, and the license shall be removed by the owner. It is unlawful for any person other than the person to whom the license was originally issued to have the same in his possession.
    f) In the event a license is lost or destroyed, the City Clerk, upon proper showing by the licensee and the payment of a fee of Fifty Dollars ($50.00), shall issue a new license in accordance with the provisions of this section.
    g) It shall be unlawful any person to:
    a. Operate, or for the owner thereof knowingly to permit the operation, upon a public street, road, highway, or alley within the corporate limits of the city any golf cart, as defined herein, which is not registered, and which does not have attached thereto and displayed thereon the license assigned thereto by the city for the current registration year.
    b. Display, cause or permit to be displayed, or to have in possession, any registration receipt, registration license or registration decal knowing the same to be fictitious or to have been cancelled, revoked, suspended, or altered. A violation of this subsection (b) shall constitute an unclassified misdemeanor punishable by a fine of not less than $100.00 (One Hundred Dollars), but not more than $500.00 (Five Hundred Dollars) and forfeiture of the item. A mandatory court appearance shall be required of any person violating this subsection.
    c. Lend to or knowingly permit the use by one not entitled thereto any registration receipt, registration license plate or registration decal issued to the person so lending or permitting the use thereof
    d. Remove, conceal, alter, mark, or deface the license number plate, plates or decals, or any other mark of identification upon any golf cart. Licenses shall be kept clean and placed as required by law so as to be plainly visible and legible.
    e. Carry or display a registered number plate or plates or registration decal upon any golf cart not lawfully issued for such vehicle.
    f. Any person convicted of a violation of any of the provisions of this section, shall for the first conviction thereof be punished by a fine of not more than Five Hundred Dollars ($500.00).

    Section 8 - MINIMUM REQUIRED EQUIPMENT

    All golf carts must be equipped with headlights, brake lights and taillights.

    Section 9 - REPEAL OF PRIOR ORDINANCE

    Ordinance #621 is hereby repealed in entirety.

    Section 10 - PUBLICATION; EFFECTIVE DATE

    This ordinance shall be published one time in the official city newspaper and shall take effect and be in force from and after said publication.
    PASSED AND APPROVED by the Governing Body this 3rd day of September, 2019.

  • AN ORDINANCE AUTHORIZING THE CITY OF ARMA, KANSAS TO ENTER INTO A CONTRACT FOR THE PURPOSE OF CONSTRUCTION OF AN ELECTRIC UTILITY SUBSTATION, PURCHASE OF POWER FROM K.M.E.A. AND MUNICIPAL LEASE­ PURCHASE AGREEMENT AND RELATED DOCUMENTATION WITH COMMUNITY NATIONAL BANK & TRUST FOR THE LEASE AND PURCHASE FOR THE CONSTRUCTION OF AN ELECTRICAL SUBSTATION.
    WHEREAS, the City Council, as the governing body of the City of Arma (the "City" or "Lessee") has determined that a true and very real need exists for the acquisition of the Equipment defined and described in the proposal and proposed contractual agreement with Mid­ States Energy Works, Inc., for the purpose of the construction of an electrical substation; and
    WHEREAS, the City Council has taken the necessary steps under applicable· 1aw to arrange for the acquisition and financing of such Equipment; and
    WHEREAS, the City Council has reviewed the bids submitted by two local banking institutions and accepts the sealed bid obtained from Community National Bank and Trust for a Lease-Purchase Agreement and finds the terms set forth in the sealed bid acceptable: and
    WHEREAS, the City Council has reviewed the proposal and contract submitted by Mid­ States Energy Works, Inc., and finds the terms and conditions of the same to be acceptable and approves of the same; and
    WHEREAS, it is necessary for the preservation of public property, health, peace, safety and the financial well-being of the City due to the deterioration of the City's current substation and increased costs of the present substation and electrical service by its current provider that adoption of this Ordinance must occur in order for the City to take immediate possession of the substation, constru t and finance a new substation and equipment, and purchase utilities from the Kansas Municipal Energy .

    NOW THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY ARMA, KANSAS

    Section 1

    The City Council of the City of Arma makes the following findings and representations:
    (a) That the City of Arma shall purchase all electrical service from the Kansas Municipal Energy Authority commencing on or about July 1, 2020.
    (b) That the City of Arma, specifically the Mayor, shall be authorized to execute the proposed contract with Mid-States Energy Works, Inc. in the amount of $419,700.00 subject to any and all change orders or additional expenditures as authorized by the contract, if any. The City of Arma shall purchase a performance bond as contemplated by the proposed contract.
    (c) That the City of Arma, specifically the Mayor, shall execute a Lease-Purchase Agreement with Community National Bank and Trust for the terms set forth in the sealed bid submitted to the City Council and any and all other necessary documentation as required to make such contract and lease purchase agreement fully enforceable and binding.
    (d) The meetings at which this ordinance was considered, and the City Council took action to adopt were properly noticed and conducted as open meetings in accordance with Kansas law.
    (e) There are no legal or governmental proceedings or litigation pending against the Lessee which might adversely affect the transactions contemplated in or the validity of the Lease/Purchase Agreement.

    Section 2

    The terms of said Lease/Purchase Agreement are in the best interests of the Lessee for the leasing of the Equipment described therein.

    Section 3

    The City Council, as governing body of Lessee, designates and confirms the Mayor has the authority to execute and deliver the Contract and Lease/Purchase Agreement and any related documents necessary to the consummation of the transactions contemplated by the Lease/Purchase Agreement and ·any related documents and certificates necessary to the consummation of the transactions contemplated by the Contract and Lease/Purchase Agreement for and on behalf of the Lessee. The Mayor, in consultation with the City Attorney, may make such non-material changes to the Contract and Lease/Purchase Agreement and related documents and certificates as such officers and officials deem necessary or desirable, such approval to be conclusively evidenced by the execution and delivery thereof.
    This Ordinance shall be in full force and effect from and after its passage, approval, and publication according to law.
    PASSED BY the Council of the City of Arma, Kansas and approved by the Mayor on this 2nd day of March, 2020.

  • AN ORDINANCE PROHIBITING THE BURIAL OF HUMAN REMAINS WITHIN THE CITY OF ARMA, KANSAS
    NOW THEREFORE, be it ordained by the Governing Body of the City of Anna, Kansas.

    Section 1

    Any person who buries or causes to be buried or.assists in burying any dead human body within the corporate limits of the city shall on conviction be fined not less than $500 nor more than $1,000.

    Section 2

    Such person shall also be liable for exhumation and reburial.