Code of the City of Hoisington, Kansas
Hoisington City Offices
109 E 1st, PO Box 418
Hoisington, KS 67544
Phone: (620) 653-4125
Email:
dcrutcher@hoisingtonks.org
Web:
www.hoisingtonks.org
Contents
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CODE OF THE CITY OF HOISINGTON, KANSAS
GOVERNING BODY AND OFFICIALS
PREFACE
ORDINANCE NO. _____
CERTIFICATE OF THE CITY CLERK
COMPARATIVE TABLE OF ORDINANCES
TABLE OF CONTENTS
CHAPTER I. ADMINISTRATION
ARTICLE 1. GENERAL PROVISIONS
1-101. Code designated.
1-102. Definitions.
1-103. Existing ordinances.
1-104. Effect of repeal.
1-105. Catch lines of sections.
1-106. Parenthetical and reference matter.
1-107. Amendments; repeal.
1-108. Powers generally.
1-109. Ordinances.
1-110. Same; subject and title; amendment.
1-111. Same; ordinance book.
1-112. Resolutions, motions.
1-113. City records.
1-114. Altering code.
1-115. Scope of application.
1-116. General penalty.
1-117. Severability.
1-118. Official newspaper.
ARTICLE 2. GOVERNING BODY
1-201. Governing body.
1-202. Ordinances.
1-203. Meetings.
1-204. Quorum.
1-205. Mayor.
1-206. President of the council.
1-207. Vacancy; mayor, council members.
1-208. Compensation.
1-209. Members not to interfere.
1-210. Offices and salaries.
1-211. Incorporating code of procedure for Kansas cities.
1-212. Code of ethics.
ARTICLE 3. CITY MANAGER
1-301. City manager; appointment; qualifications.
1-302. Same; salary, bond.
1-303. Same; powers.
1-304. Same; general duties.
1-305. Same; countersigning warrants.
1-306. Same; acting in other offices.
1-307. Same; absence; acting city manager.
1-308. Same; salaries of officers and employees.
ARTICLE 4. ADMINISTRATIVE DEPARTMENTS
1-401. Departments created.
1-402. Departmental division; officers; employees; boards.
1-403. Department of law.
1-404. Same; city attorney.
1-405. Same; municipal judge; duties.
1-406. Department of electric generation; department of electric distribution.
1-407. Department of public works.
1-408. Department of public welfare.
1-409. Department of public safety.
1-410. Same; chief of police.
1-411. Same; fire chief.
1-412. Same; ambulance director.
1-413. Department of finance.
1-414. Same; city clerk.
1-415. Same; fiscal records.
1-416. Same; seal; oaths.
1-417. Same; withholding agents.
1-418. Deputy city clerk.
1-419. City treasurer.
1-420. Same; fiscal records.
ARTICLE 5. OATHS AND BONDS
1-501. Oath; affirmation.
1-502. Oaths filed.
1-503. Bonds required.
1-504. Same; premiums.
1-505. Condition of bonds.
1-506. Approval of bonds.
ARTICLE 6. PERSONNEL POLICY AND EMPLOYEE BENEFITS
1-601. Conflict of interest.
1-602. Personnel rules and regulations.
1-603. Salary.
1-604. Reimbursed expenses.
1-605. Employee benefit contribution fund.
1-606. Same; inclusion.
1-607. Hospitalization and medical insurance.
1-608. Salaries and benefits.
ARTICLE 7. INVESTMENT OF PUBLIC FUNDS
1-701. Purpose and goals.
1-702. Active funds; designation of depositories; eligible depositories.
1-703. Definitions.
1-704. Investment of idle funds.
1-705. Procedures and restrictions.
1-706. Custody and safekeeping.
1-707. Sale or transfer.
1-708. Interest on time deposits.
1-709. Same; procedures and restrictions.
1-710. Capital improvements fund; established.
1-711. Same; use of moneys.
1-712. Same; transfers.
1-713. Petty cash fund established; amount; custodian.
ARTICLE 8. OPEN RECORDS
1-801. Policy.
1-802. Record custodians.
1-803. Public request for access.
1-804. Facilities for public inspection.
1-805. Procedures for inspection.
1-806. Appointment of official custodians.
1-807. Designation of additional record custodians.
1-808. Duties of custodians.
1-809. Requests to be directed to custodians.
1-810. Fee administration.
1-811. Inspection fee.
1-812. Copying fee.
1-813. Prepayment of fees.
1-814. Payment.
ARTICLE 9. CITY LAND BANK
1-901. Establishment of city land bank.
1-902. Board of trustees.
1-903. Administrative staff.
1-904. Cash basis compliance.
1-905. Budget.
1-906. Duties of trustees.
1-907. Eligible property.
1-908. Development incentives.
1-909. Project development and review.
1-910. Operating funds.
1-911. Annual report.
1-912. Use of funds.
1-913. Compensation of trustees.
1-914. Statutory authority.
CHAPTER II. ANIMAL CONTROL AND REGULATION
ARTICLE 1. GENERAL PROVISIONS
2-101. Definitions.
2-102. Animal control officer.
2-103. Same; capture/destruction.
2-104. Same; right of entry; unlawful interference.
2-105. Municipal pound established.
2-106. Breaking pound.
2-107. Cruelty to animals.
2-108. Same; exceptions.
2-109. Keeping animals.
2-110. Animal traps.
2-111. Nuisance animal activities prohibited.
2-112. Noisy animals.
2-113. Animal confines; shelters.
2-114. Death of animals.
2-115. Vicious animals.
2-116. Running at large.
2-117. Impoundment.
2-118. Redemption of impounded animals.
2-119. Impoundment of rabies suspects.
2-120. Animals bitten by rabid animals.
2-121. Vehicular accidents involving domestic animals.
2-122. Emergency; proclamation.
2-123. Kennel licenses.
ARTICLE 2. DOGS AND CATS
2-201. Registration and vaccination required; fee.
2-202. Dogs or cat tags.
2-203. Same; counterfeit tag.
2-204. Evidence of vaccination.
2-205. Visiting dogs or cats.
2-206. Running at large; fine.
2-207. Impoundment; record; notice; redemption; minimum fee.
2-208. Disposition of unclaimed dogs.
2-209. Confinement of dogs in heat.
2-210. Muzzling.
2-211. Animals not to interfere with city officials.
ARTICLE 3. OTHER ANIMALS
2-301. Exotic animals.
CHAPTER III. BEVERAGES
ARTICLE 1. GENERAL PROVISIONS
3-101. Definitions.
3-102. Restriction on location.
3-103. Minors on premises.
3-104. Consumption on public property.
3.105. Public sale; consumption.
3-106. Open container.
3-107. Consumption while driving.
3-108. Identification card.
3-109. Underage purchaser.
ARTICLE 2. CEREAL MALT BEVERAGES
3-201. License required of retailers.
3-202. Application.
3-202a. License application procedures.
3-203. License granted; denied.
3-204. License to be posted.
3-205. License, disqualification.
3-206. Restriction upon location.
3-207. License fee.
3-208. Suspension of license.
3-209. License suspension/revocation by governing body.
3-210. Same; appeal.
3-211. Change of location.
3-212. Wholesalers and/or distributors.
3-213. Business regulations.
3-214. Prohibited conduct on premises.
3-215. Sanitary conditions required.
3-216. Minors on premises.
ARTICLE 3. ALCOHOLIC LIQUOR
3-301. State license required.
3-302. Occupational tax.
3-303. Posting of receipt.
3-304. Hours of sale.
3-305. Business regulations.
3-306. Minors, incapacitated persons.
3-307. Restrictions on location.
ARTICLE 4. PRIVATE CLUBS
3-401. License required.
3-402. Occupational tax.
3-403. Violation of occupation tax; penalty.
3-404. Restriction upon location.
3-405. Business regulations.
ARTICLE 5. DRINKING ESTABLISHMENTS
3-501. License required.
3-502. License fee.
3-503. Business regulations.
ARTICLE 6. CATERERS
3-601. License required.
3-602. License fee.
3-603. Business regulations.
3-604. Notice to chief of police.
ARTICLE 7. TEMPORARY PERMITS
3-701. Permit required.
3-702. Permit fee.
3-703. City temporary permit.
3-704. Permit regulations.
CHAPTER IV. BUILDING AND CONSTRUCTION
ARTICLE 1. BUILDING CODE
4-101. International building code incorporated.
4-102. Additional provisions.
4-103. Building officials; powers; duties.
4-104. Building permit required; application; approval.
4-105. Same; application information required.
4-106. Same; plans and specifications.
4-107. Same; fees.
4-108. Same; posting.
4-109. Building inspector; appointment.
4-110. Same; duties.
4-111. Same; powers.
4-112. Same; right of entry.
4-113. Clarification; modification.
4-114. Inspections of building; layout of building; foundations and footings; notice to inspector.
4-115. Certificate of approval.
4-116. Fire limits defined.
4-117. Buildings in fire limits: new construction; exceptions.
4-118. Alteration or extension of certain buildings in fire limits.
4-119. Moving buildings into or within fire limits.
4-120. Repair of frame buildings and roofs in fire limits.
4-121. Contractors defined.
4-122. Contractor’s license required; building permits; unlawful acts.
4-123. Same; application; granting.
4-124. Same; license fees; conditions; renewal; unlawful acts.
4-125. Insurance required.
4-126. License suspension; revocation; unlawful acts.
4-127. Liability.
4-128. Severability.
4-129. General penalty applied: successive violations.
ARTICLE 2. ELECTRICAL CODE
4-201. Adoption of electrical code by reference.
4-202. Same; additional provisions.
4-203. Definitions.
4-204. Permits required; application.
4-205. Permits issued.
4-206. Electrical inspector; powers and duties.
4-207. Request for inspection.
4-208. Inspection; concealment of prior work.
4-209. Certificate of approval.
4-210. Fees for electrical permits.
4-211. Connection to installations.
4-212. Reinspection.
4-213. Condemnation: review by governing body.
4-214. Work by property owners.
4-215. Interference by unauthorized person.
4-216. Wiring methods.
4-217. Approved materials.
4-218. Liability.
4-219. Severability.
4-220. Electrical contractor's license or certificate required.
4-221. Electrical contractor's licenses; application; granting; bonds.
4-222. Electricians' certificate; application; granting.
4-223. License and certificate fees; expiration renewal.
4-224. Insurance required.
4-225. License and bond exceptions.
4-226. Misuse of license.
4-227. Suspension or revocation of license; no refunds.
4-228. General penalty applied: successive violations.
ARTICLE 3. PLUMBING CODE
4-301. Purpose of article; unsanitary, unsafe, or unlawful plumbing.
4-302. Definition of plumbing.
4-303. Uniform plumbing code incorporated.
4-304. Same; amendments to uniform plumbing code.
4-305. Toilet room floors; business establishments and places of public assembly.
4-306. Toilet facilities in places of public resort.
4-307. Frost proof closets prohibited, when; outdoor water closets; special permits.
4-308. Permit required.
4-309. Same; application.
4-310. Same; fees.
4-311. Same; display of permit.
4-312. Plumbing subject to inspection; plumbing inspected; number and record of inspections.
4-313. Testing standards: water, air or smoke tests; duty of plumber; certificate of approval.
4-314. Plumbing inspector; powers and duties.
4-315. Plumbing contractor's license or certificate required.
4-316. Plumbing contractors' licenses; application; granting; bonds.
4-317. Plumber’s certificate; application; granting.
4-318. License and certificate fees; expiration; renewal.
4-319. License and bond exceptions.
4-320. Insurance required.
4-321. Misuse of license.
4-322. Suspension or revocation of license; no refunds.
4-323. Excavations.
4-324. Severability.
4-325. General penalty applied: successive violations.
ARTICLE 4. GAS-FITTING CODE
4-401. Uniform mechanical code incorporated.
4-402. Gas fitters; license required.
4-403. Same; bond.
4-404. Same; insurance.
4-405. Permit required; exceptions.
4-406. Same; application.
4-407. Same; fees; number of inspections.
4-408. Plumbing inspector; powers and duties.
4-409. Inspection required.
4-410. Same; notice to inspector.
4-411. Same; unsatisfactory work.
4-412. Same; piping defects; notices; orders.
4-413. Same; certificate of approval.
4-414. General penalty applied: successive violations.
ARTICLE 5. HEAT LOSS STANDARDS AND EER
4-501. Definitions.
4-502. Certificate of compliance.
4-503. Standards.
4-504. General penalty applied: successive violations.
ARTICLE 6. MOVING BUILDINGS
4-601. Moving permit required.
4-602. Same: applications for permits.
4-603. Same; bond.
4-604. Insurance required.
4-605. Same; fee.
4-606. Same; route inspection; approval.
4-607. Same; special approval required.
4-608. Notice to utility companies, owners; duty of city clerk.
4-609. Duty of owners.
4-610. Interfering with poles; wires.
4-611. Duty of mover; lights, barricades; street protection.
4-612. Duty of city officers during moving; report of completion; claims of city.
4-613. General penalty applied: successive violations.
ARTICLE 7. NUMBERING BUILDINGS
4-701. Method of numbering.
4-702. Numbering duplexes and apartments.
4-703. Duty to place numbers; materials; size.
4-704. Master-numbering plan.
4-705. Unlawful acts.
4-706. General penalty applied; successive violations.
ARTICLE 8. FENCES, HEDGES AND WALLS
4-801. Classification of fences.
4-802. Installation permit required; application fee.
4-803. Requirements for location within residential zone; waiver.
4-804. Requirements of commercial or industrial fences.
4-805. Maintenance and repair of fences.
4-806. Certain fences, walls, hedges deemed nuisances; notice to repair or remove.
4-807. Nonconforming fences.
4-808. Unlawful acts.
4-809. Severability.
CHAPTER V. BUSINESS REGULATIONS
ARTICLE 1. SOLICITORS, CANVASSERS, PEDDLERS; GREEN RIVER ORDINANCE
5-101. Definitions.
5-102. License required.
5-103. Same; application required.
5-104. Issuance; county residents.
5-105. Same; investigation and issuance; non-county resident.
5-106. Same; investigation fee.
5-107. License fee; time limits; exemptions.
5-108. Renewal.
5-109. Denial, revocation or suspension of license; notice.
5-110. Appeal to governing body.
5-111. Regulations.
5-112. Use of streets and sidewalks.
5-113. Disturbing the peace.
ARTICLE 2. PAWNBROKERS, PRECIOUS METAL DEALERS
5-201. State law incorporated.
5-202. Contracts, signatures, information.
5-203. Records kept six months.
5-204. Violation: suspension, revocation.
ARTICLE 3. TAXICABS
5-301. Definitions.
5-302. License.
5-303. Application and issuance.
5-304. Insurance required.
5-305. Chauffeur's license.
5-306. License fee.
5-307. Suspension and revocation of license.
5-308. Hours of labor.
5-309. Intoxicating liquor.
5-310. Registration.
ARTICLE 4. TREE TRIMMERS AND SPRAYERS
5-401. License required.
5-402. License; application; granting.
5-403. License fees; expiration and renewal.
5-404. Proof of liability insurance required; conditions; approval; renewal; rights reserved.
5-405. Suspension or revocation of license; no refunds.
ARTICLE 5. MOBILE HOME COURTS AND PARKS
5-501. Definitions.
5-502. House-car trailers and camps: occupancy and maintenance; removal of wheels; temporary use outside camps; parking or storing; business use; unlawful acts.
5-503. Trailer camps; license, application, permit, inspection; granting of permit; fees; unlawful acts.
5-504. Size of area units; location of trailers; location of camps.
5-505. Sanitation; water supply; toilets; shower bath; sewage; refuse; exception.
5-506. Fire safety requirements; extinguishers.
5-507. Electrical wiring; drop lines: distances; grounding.
5-508. Records and enforcement.
5-509. General requirements; duties of licensee; city manager; revocation or suspension of license; no refund.
ARTICLE 6. SOUND ADVERTISING
5-601. Sound advertising; radio and loud speakers.
5-602. Sound trucks operation on streets; permits; application; fees; regulations; unlawful acts.
ARTICLE 7. FIREWORKS
5-701. Regulations.
5-702. Sale in fire zone.
5-703. License application and fee.
5-704. Suspension and penalties.
CHAPTER VI. ELECTIONS
ARTICLE 1. CITY ELECTIONS
6-101. Election of governing body.
6-102. Hours of voting.
6-103. Commencement of terms of office; oath of office.
ARTICLE 2. WARDS
6-201. Wards established.
6-202. First ward.
6-203. Second ward.
6-204. Third ward.
6-205. Fourth ward.
CHAPTER VII. FIRE
ARTICLE 1. FIRE PREVENTION
7-101. Fire prevention code incorporated.
7-102. Same; enforcement.
7-103. Same; amendments.
7-104. Same; variances.
7-105. Same; permit required.
7-106. Same; permit denied; appeal.
7-107. Restrictions; explosive substances.
7-108. Restrictions; liquefied petroleum gas.
ARTICLE 2. FIREWORKS
7-201. Fireworks.
7-202. Same; exceptions; discharges.
7-203. Same; exception; sale of fireworks.
7-204. Same; licenses.
7-205. Bottle rockets prohibited.
7-206. Authority of fire marshal.
ARTICLE 3. FIRE DEPARTMENT
7-301. Fire department administration; fire chief.
7-302. Department officers.
7-303. Members; eligibility, appointment examination.
7-304. Discipline; absentees, suspension, substitutes.
7-305. Duties of chief; supplies, repairs; fire reports; member, property; reports.
7-306. Reports to state fire marshal.
7-307. Control at fires; department officers; bystanders.
7-308. Conduct at fires; powers of firefighters; duties of police.
7-309. Drivers of fire trucks; emergency vehicles; sirens.
7-310. Interference with department; fire hydrants; obstructions.
7-311. Private use of fire equipment.
7-312. Emergency outside fire runs; contracts for regular services.
7-313. Compensation of members in certain cases.
7-314. Report of services and attendance; claims; payments.
ARTICLE 4. FIREMAN'S RELIEF ASSOCIATION
7-401. Fireman's relief association.
7-402. Report disbursements to city council.
7-403. City attorney to advise.
CHAPTER VIII. HEALTH AND WELFARE
ARTICLE 1. PUBLIC HEALTH ENFORCEMENT
8-101. Health enforcement.
ARTICLE 2. HEALTH NUISANCES
8-201. Legislative finding of fact.
8-202. Purpose.
8-203. Definitions.
8-204. Nuisances unlawful; defined.
8-205. Public officer.
8-206. Complaints; inquiry and inspection.
8-207. Same; right of entry.
8-208. Notice.
8-209. Same; contents.
8-210. Failure to comply; penalty.
8-211. Abatement.
8-212. Hearing.
8-213. Costs assessed.
8-214. Appeals.
8-215. Construction.
ARTICLE 2A. DANGEROUS AND UNFIT STRUCTURES
8-2a01. Purpose.
8-2a02. Definitions.
8-2a03. Enforcing officer; duties.
8-2a04. Procedure; petition.
8-2a05. Same; notice.
8-2a06. Same; publication.
8-2a07. Same; hearing, order.
8-2a08. Duty of owner.
8-2a09. Same; failure to comply.
8-2a10. Same; make site safe.
8-2a11. Assessment of costs.
8-2a12. Immediate hazard.
8-2a13. Appeals from order.
8-2a14. Scope of article.
ARTICLE 3. NUISANCE MOTOR VEHICLES
8-301. Findings of governing body.
8-302. Definitions.
8-303. Nuisances unlawful; defined; exceptions.
8-304. Public officer.
8-305. Complaints; inquiry and inspection.
8-306. Right of entry.
8-307. Notice of violation.
8-308. Same; contents.
8-309. Failure to comply; penalty.
8-310. Abatement.
8-311. Disposition of vehicle; recovery of vehicle.
8-312. Hearing.
8-313. Costs assessed.
ARTICLE 4. WEEDS
8-401. Weeds to be removed.
8-402. Definitions.
8-403. Public officer.
8-404. Complaints; inquiry and inspection.
8-405. Same; right of entry.
8-406. Notice.
8-407. Same; contents.
8-408. Failure to comply; penalty.
8-409. Abatement.
8-410. Hearing.
8-411. Cost assessed.
8-412. Unlawful interference.
8-413. Noxious weeds.
ARTICLE 5. MINIMUM HOUSING CODE
8-501. Title.
8-502. General.
8-503. Declaration of policy.
8-504. Definitions.
8-505. Duty of occupant or owner of occupied or unoccupied building and its premises or vacant premises.
8-506. Regulations for the use and occupancy of dwellings.
8-507. Maintenance and repair; dwellings.
8-508. Designation of unfit dwellings.
8-509. Designation of blighted premises (residential and nonresidential).
8-510. Designation of blighted buildings and premises (nonresidential).
8-511. Inspection of buildings and structures, and premises.
8-512. Notice of violations; procedures.
8-513. Public officer: authority.
8-514. Governing body; authority.
8-515. Order to correct and/or repair, remove or demolish.
8-516. Demolition by public officer; procedure and costs.
8-517. Conflict of laws; effect or partial invalidity.
8-518. Governing body; appeals.
8-519. Right of petition.
ARTICLE 5A. UNIFORM HOUSING CODE
8-5a01. Uniform housing code incorporated.
ARTICLE 6. RODENT CONTROL
8-601. Definitions.
8-602. Building maintenance.
8-603. Notice to rat-stop; when city to do work.
8-604. Failure to comply.
8-605. Replace rat-stoppage.
8-606. Notice to eradicate rats.
8-607. Conditions conducive to harborage of rats.
8-608. Inspections.
ARTICLE 7. CITY AMBULANCE
8-701. Ambulance service.
8-702. Same; patient fees.
ARTICLE 8. COMMISSION ON AGING
8-801. Creation of the commission on aging.
8-802. Membership of commission.
8-803. Terms of office of members.
8-804. Vacancies and removals.
8-805. Automatic termination of appointment.
8-806. Officers, meetings and procedures.
8-807. No budget or expenditure authority.
8-808. Functions of commission.
8-809. Severability.
ARTICLE 9. INSURANCE PROCEEDS FUND
8-901. Scope and application.
8-902. Lien created.
8-903. Same; encumbrances.
8-904. Same; pro rata basis.
8-905. Procedure.
8-906. Fund created; deposit of moneys.
8-907. Building inspector; investigation, removal of structure.
8-908. Removal of structure; excess moneys.
8-909. Same; disposition of funds.
8-910. Effect upon insurance policies.
8-911. Insurers; liability.
CHAPTER IX. MUNICIPAL COURT
ARTICLE 1. GENERAL PROVISIONS
9-101. Municipal court established.
9-102. Same; practice and procedure.
9-103. Time and place of sessions.
9-104. Municipal judge; appointment.
9-105. Same; absence; vacancy; pro tem.
9-106. Same; powers and duties.
9-107. Same; salary.
9-108. Court clerk.
9-109. Payment of fine.
9-110. Same; failure to pay separate violation.
9-111. Failure to appear.
9-112. Municipal court costs and fees.
CHAPTER X. POLICE
ARTICLE 1. POLICE DEPARTMENT
10-101. Police department.
10-102. Chief of police; appointment; duties.
10-103. Same; assistant; police officers.
10-104. Same; reports.
10-105. General supervision.
10-106. Duties of police officers.
10-107. Arrests; authority of police.
ARTICLE 2. PROPERTY IN POLICE CUSTODY
10-201. Regulations.
10-202. Disposition.
10-203. Same; exempt property.
10-204. Claiming property.
10-205. Proof of ownership.
10-206. Impounding vehicles.
10-207. Impoundment fee.
10-208. Auction.
ARTICLE 3. POLICE FEES
10-301. Fee for police responses to party.
10-302. Initial police responses to parties, gatherings or events.
10-303. Subsequent police responses to parties, gatherings or events; liability.
10-304. Cost; collection.
CHAPTER XI. PUBLIC OFFENSES
ARTICLE 1. UNIFORM OFFENSE CODE
11-101. Incorporating uniform public offense code.
11-102. Same; amendment.
11-103. Same; amendment.
ARTICLE 2. LOCAL REGULATIONS
11-201. Declaration of city policy and purpose.
11-202. Definitions.
11-203. Instruments prohibited.
11-204. Simulated controlled substances and simulated drugs prohibited.
11-205. Severability.
11-206. Obstruction of utility easements.
11-207. Noise; general prohibition.
11-208. Use of radios, musical instruments, boom box, CD player, etc.
11-209. Use of radios, musical instruments, loudspeakers, etc. to attract public attention.
11-210. Sounding of vehicle warning devices.
11-211. Exemptions.
11-212. Penalties.
ARTICLE 3. CURFEW
11-301. Curfew established.
11-302. Unlawful acts.
11-303. Same; exceptions.
11-304. Parental responsibility.
11-305. Penalties.
ARTICLE 4. PROHIBITION OF FIREARMS ON DESIGNATED CITY PROPERTY
11-401. Firearm defined.
11-402. Prohibition of firearms on certain property.
11-403. Same; exceptions.
11-404. Penalty.
11-405. Persons excluded from prohibition.
CHAPTER XII. PUBLIC PROPERTY
ARTICLE 1. LIBRARY
12-101. Public library established.
12-102. Trespass; damage to books.
12-103. Removal of books.
12-104. Chief of police shall notify.
ARTICLE 2. CEMETERY
12-201. Name of cemetery.
12-202. Cemetery management; city manager.
12-203. City manager; duties.
12-204. City clerk; records; conveyances; permits; funds.
12-205. Governing body; rules and regulations.
12-206. No sexton; city manager's duties.
12-207. Cemetery plat approved; filed.
12-208. Cemetery lots; sale; conditions; conveyance; mayor; clerk.
12-209. Limit on number; transfer of lots; purchase by city.
12-210. Burials; permits; registrar of vital statistics.
12-211. Contents of burial permit; fees or charges; sexton.
12-212. Reopening graves; disinterment; application; permits.
12-213. Cemetery regulations; monuments; markers; grave opening; adornment of lots; mausoleums; permits.
12-214. Other regulations; rights reserved.
12-215. Public offenses generally.
12-216. Cemetery hours; unlawful entrance.
12-217. Firearms; unlawful use; exceptions.
12-218. Speed of vehicles.
12-219. Vehicles; operation; parking.
12-220. Animals prohibited.
12-221. Rubbish; debris.
12-222. Property damage.
12-223. Trees; shrubs; flowers.
12-224. Trespass; loitering; exceptions.
12-225. Planting, construction, landscaping; authorized personnel.
12-226. Flowers.
12-227. Same; Memorial Day exception; removal.
12-228. Public notice.
ARTICLE 3. CITY PARKS
12-301. Park hours.
12-302. Same; exceptions.
12-303. City laws extended to park.
12-304. Police jurisdiction over parks.
12-305. Damaging park property.
12-306. Vehicles prohibited on walking trail in Bicentennial Park.
12-307. Penalty.
12-308. Dangerous weapons not allowed.
12-309. Hunting.
12-310. Fires.
12-311. Camping prohibited.
12-312. Sanitation.
12-313. Prohibition against alcoholic beverages and cereal malt beverages.
12-314. Preservation of natural state.
12-315. General regulations.
CHAPTER XIII. STREETS AND SIDEWALKS
ARTICLE 1. SIDEWALK CONSTRUCTION
13-101. Sidewalks; permit required for construction and reconstruction.
13-102. Sidewalks on established grade; unlawful acts.
13-103. Width and location of standard sidewalks; curb sidewalks.
13-104. Sidewalk construction: standard plans and specifications; materials; thickness; driveways.
13-105. Supervision of sidewalk construction.
13-106. Original construction: petition.
13-107. Condemnation and reconstruction.
13-108. Notice; publication; construction by contract, when.
13-109. Construction by abutting owner; request of city, when.
13-110. Repairs by owner or city; notice; temporary financing.
13-111. Sidewalk costs; assessment against abutting property; old sidewalk materials.
13-112. Payment of costs of construction or reconstruction by special assessment; notice; assessment installments.
13-113. When city pays cost of sidewalks.
13-114. Performance bond; statutory bond.
13-115. Sidewalks constructed to specifications and on grade; condemnation and reconstruction; unlawful acts.
ARTICLE 2. STREET USE REGULATIONS
13-201. Permits for removal, cutting or encumbering of sidewalks, curbs, gutters and pavement; building permits; utility companies.
13-202. Excavation regulations; water pipes; permit requirements.
13-203. Excavations, street or sidewalk improvements: barriers, guards and lights.
13-204. Backfilling regulations; unimproved streets; paved streets; permit requirement; rights reserved; fees; standard specifications.
13-205. Driveways; widths; cutting curbs; construction by standard plans; replacing or constructing sidewalks; crossing curbs or obstructing gutters; unlawful acts.
13-206. Driveways: filling stations and off-street parking stations; curbs.
13-207. Building permit; construction along streets; encumbering and clearing streets; pedestrian walks; lights.
13-208. Cellar or basement entrances; permits; regulations; unlawful acts.
13-209. Excavation adjacent to sidewalk or street.
13-210. Obstructing sidewalks with personal property.
13-211. Street improvements; utility lines; installation before paving.
13-212. Utility poles and lines; location of; franchise; permits; fees in absence of compensation.
13-213. Trees and parkings; regulations; permits for planting or removal of trees.
13-214. Street beautification plan; planting of trees; cost of planting; city forester.
13-215. Care of trees; height above streets; trimming; condemnation.
13-216. Protection of shade trees; attaching of wires; cutting or damage; utility companies, house movers; unlawful acts.
13-217. Trespassing on parking; vehicles, machinery, junk.
13-218. Molesting unfinished street improvements.
13-219. Bill posting; unlawful on street fixtures or adjacent property.
13-220. Barb wire fences; iron points.
13-221. Burning in streets.
13-222. Petroleum products in streets.
13-223. Hauling building materials.
13-224. Injury to street property or fixtures.
13-225. Enforcement; duties of officers; abatement of nuisances; encroachments; obstructions; resolution of council.
13-226. Unlawful dumping.
13-227. Same; penalty.
ARTICLE 3. SNOW AND ICE ON SIDEWALKS
13-301. Snow and ice to be removed.
13-302. Same: exception; alternate remedy.
13-303. Same; penalty.
13-304. Removal may be made by city.
13-305. Costs on tax rolls.
ARTICLE 4. STREET SIGNS AND STRUCTURES
13-401. Permits required; application; licensed contractors; regulations.
13-402. Wall advertising signs.
13-403. Projecting signs.
13-404. Ground signs; billboards or panel posters.
13-405. Roof signs.
13-406. Pole signs; location in parking prohibited.
13-407. Temporary signs: banners, streamers, portable· signs; regulations; permits.
13-408. Projecting structures generally; marquees; canopies, awnings; regulations.
13-409. Design of signs; engineering practices.
13-410. Sign permits; financial responsibility; revocation of permits.
13-411. Rule of construction, rights reserved.
13-412. Penalty.
ARTICLE 5. TREES AND SHRUBS
13-501. Public tree care.
13-502. Diseased trees; determination.
13-503. Same; notice served.
13-504. Same; failure of owner; duty of city.
13-505. Same; prevent spread of disease.
13-506. Dangerous, dead or diseased trees on private property.
13-507. Trees on public property; cost borne by city.
13-508. Costs on tax rolls.
13-509. Injuring trees and shrubs.
13-510. Fire hydrants, plantings adjacent to.
CHAPTER XIV. TRAFFIC
ARTICLE 1. STANDARD TRAFFIC ORDINANCE
14-101. Incorporating standard traffic ordinance.
14-102. Same; traffic infractions and traffic offenses.
14-103. Penalty for scheduled fines.
ARTICLE 2. LOCAL TRAFFIC REGULATIONS
14-201. Traffic control devices and markings.
14-202. Parking restrictions.
14-203. Engine compression brakes.
ARTICLE 3. IMPOUNDMENT OF VEHICLES
14-301. Impoundment of vehicles.
14-302. Pre-tow notice.
14-303. Notice.
14-304. Same; release to owner or lienholder.
14-305. Same; disposition of vehicle.
ARTICLE 4. HAZARDOUS MATERIALS
14-401. Hazardous material defined.
14-402. Same; exceptions.
14-403. Transportation of hazardous materials.
14-404. Hazardous materials routes.
14-405. Parking of vehicles or trailers carrying hazardous materials.
14-406. Removal of illegally parked trailers.
ARTICLE 5. GOLF CARTS, WORK-SITE UTILITY VEHICLES, AND MICRO UTILITY TRUCKS
14-501. Operation of golf carts.
14-502. Operation of work-site utility vehicles and micro utility trucks
14-503. Prohibition of operation of all-terrain vehicles, pocket bikes, and motorized scooters.
14-504. Violations; traffic infraction; penalties.
CHAPTER XV. UTILITIES
ARTICLE 1. GENERAL PROVISIONS
15-101. Definition.
15-102. Establishing service.
15-103. Service connection fees.
15-104. Transfer and transfer fee.
15-105. Benefit users.
15-106. Utility bills.
15-107. Delinquent payments.
15-108. Reconnection fees.
15-109a. Returned checks.
15-109b. Inaccessible meters.
15-110. Non-city customers.
15-111. Extensions
15-112. Discontinuance of service.
15-113. Hearing.
15-114. Landlord agreement.
15-115. Utility level pay program
15-116. Fees.
15-117. Utility charge for swimming pool costs.
ARTICLE 2. WATER
15-201. Waterworks, management; city manager.
15-202. Duties of city manager.
15-203. Duties of city clerk; cashier.
15-204. Duties of the city treasurer.
15-205. Use of revenue.
15-206. Definitions.
15-207. Service connections required.
15-208. Application and contract for service connection; charges.
15-209. Application for service.
15-210. Extension of mains.
15-211. New installations: separate service rules.
15-212. New service; subdivision of tract.
15-213. Water service installation; materials; upgrades.
15-214. Owners pipes; costs; materials, sill cocks.
15-215. Owner's duties; renewals, maintenance, repairs and costs.
15-216. Renewing water service; abandoned or unused services.
15-217. Temporary or special service.
15-218. Special hydrants.
15-219. Application for service; contract.
15-220. Refusal of service.
15-221. Meters, ownership of: maintenance.
15-222. Meters; location; installation.
15-223. Inspection of meters.
15-224. Unauthorized service.
15-225. Tampering with meter.
15-226. Disputed bills.
15-227. Security deposits; requirements; amounts.
15-228. Same; fund; interest; refund.
15-229. Rates, connection and tapping fee; city customers; state assessed fees.
15-230. Non-city customers.
15-231. Non-city customer tapping fee.
15-232. Non-delivered water.
15-233. Discontinuance for nonpayment; service resumed.
15-234. Water metered; exceptions.
15-235. Notice to voluntarily discontinue service.
15-236. Rights reserved by city; access to property.
15-237. Same; service not guaranteed; condition.
15-238. Same; unnecessary use; water conservation.
15-239. Same; responsibility in turning on water.
15-240. Same; shutting off mains.
15-241. Same; fire pressure.
15-242. Same; thawing service connections.
15-243. Unlawful acts; water use confined to premises.
15-244. Same; breaking seals.
15-245. Same; special service during building.
15-246. Same; unlawful taking of water.
15-247. Same; unlawful acts, generally.
15-248. Water well drilling; permit required.
15-249. Same; unlawful acts.
15-250. Cross connections prohibited.
15-251. Protective backflow devices required.
15-252. Protection from contaminants.
15-253. Inspection.
15-254. Curb cocks.
15-255. Check valves.
ARTICLE 3. ELECTRICITY
15-301. Electric department regulations; administration; duties of officers.
15-302. Application and contract for service connection; charges.
15-303. Extension of distribution lines.
15-304. New installations; meters.
15-305. Temporary or special service.
15-306. Security deposits; requirements; amounts.
15-307. Payment; discontinuance; hearing; rights reserved by city; unlawful acts.
15-308. Electricity rates established.
15-309. Obligation to request schedule.
15-310. KMEA rolling average.
15-311. Adjustment of fees.
15-312. Interconnection Standards for Parallel Installation and Operation of Customer-Owned Electric Generating Facilities.
15-313. Net metering policy and procedures for customer-owned renewable energy resources.
ARTICLE 4. SOLID WASTE
15-401. Definitions.
15-402. Accumulations of garbage and trash prohibited.
15-403. Receptacles required.
15-404. Bulk containers.
15-405. Lids; covers.
15-406. Same; bundles.
15-407. Same; baskets; boxes.
15-408. Same; bulky items.
15-409. Cardboard boxes.
15-410. Waiver policy.
15-411. Group containers; businesses.
15-412. Reduced service.
15-413. Same; modifications; amendments.
15-414. Burning of garbage prohibited.
15-415. Grass and leaves; unlawful deposits.
15-416. Same; pickup; costs.
15-417. Collection of garbage; license required.
15-418. Same; equipment for collection.
15-419. Refuse prohibited in certain areas.
15-420. Accumulations of building wastes or materials prohibited.
15-421. Collection fees.
15-422. Same; exception.
15-423. Same; combined billing.
15-424. Same; exempt parties.
15-425. Regulation by governing body.
15-426. Severability.
15-427. Collection of hazardous wastes.
15-428. Storage of solid wastes.
15-429. Title to solid wastes.
15-430. Unlawful acts.
15-431. Penalties.
ARTICLE 5. SEWER USE REGULATIONS
15-501. Definitions.
15-502. Unlawful sewage deposits.
15-503. Privies; septic tanks.
15-504. Connections required.
15-505. Private disposal system.
15-506. Same; permit, fees.
15-507. Same; inspection.
15-508. Same; specifications.
15-509. Same; connection to public system.
15-510. Same; maintenance.
15-511. Same; additional requirements by health officer.
15-512. Same; refilling.
15-513. Installation, construction permits.
15-514. Same; costs borne by owner.
15-515. Separate sewer for every building.
15-516. Old building sewers.
15-517. Sewer specifications.
15-518. Sewer elevation.
15-519. Downspouts, drains.
15-520. Connection to public sewer.
15-521. Inspection before connection to public sewer.
15-522. Barricades and lights.
15-523. Storm and surface water.
15-524. Unlawful discharges.
15-525. Same; discretion of director.
15-526. Same; procedure.
15-527. Interceptors.
15-528. Pretreatment at owner’s expense.
15-529. Inspections, manholes.
15-530. Unlawful acts.
15-531. Entering premises; inspections.
15-532. Violations; penalties.
15-533. Severability.
ARTICLE 6. SEWER USER CHARGE SYSTEM
15-601. Purpose.
15-602. Definitions.
15-603. User charge; established.
15-604. Same; designated for operation and maintenance.
15-605. Fiscal year-end balances.
15-606. User charges: residential; industrial and commercial contributors.
15-607. User rates; application.
15-608. Payment; preparation of bills.
15-609. User charge system; review by governing body.
15-610. Same; combined bills; exception.
15-611. No free service.
15-612. Funds received.
ARTICLE 7. GAS ACQUISITION PREPAY PROGRAM
15-701. Participation.
ARTICLE 8. WATER CONSERVATION
15-801. Purpose.
15-802. Definitions.
15-803. Declaration of a water emergency.
15-804. Voluntary conservation measures.
15-805. Mandatory conservation measures.
15-806. Emergency water rates.
15-807. Regulations.
15-808. Violations, disconnections and penalties.
15-809. Emergency termination.
CHAPTER XVI. ZONING AND PLANNING
ARTICLE 1. CITY PLANNING COMMISSION/BOARD OF ZONING APPEALS
16-101. Commission re-establishment.
16-102. Membership; appointment.
16-103. Meetings; duties.
16-104. Same; budget.
16-105. Board of zoning appeals.
16-106. Budget.
APPENDIX A – CHARTER ORDINANCES
CHARTER ORDINANCE NO. 1
CHARTER ORDINANCE NO. 2
CHARTER ORDINANCE NO. 3
CHARTER ORDINANCE NO. 4 (Repealed)
CHARTER ORDINANCE NO. 5
CHARTER ORDINANCE NO. 6A
CHARTER ORDINANCE NO. 6B
CHARTER ORDINANCE NO. 7
CHARTER ORDINANCE NO. 8
CHARTER ORDINANCE NO. 9
CHARTER ORDINANCE NO. 10
CHARTER ORDINANCE NO. 11
CHARTER ORDINANCE NO. 12
CHARTER ORDINANCE NO. 13
APPENDIX B – FRANCHISE ORDINANCES
ORDINANCE NO. 944
ORDINANCE NO. 1087
ORDINANCE NO. 1157
ORDINANCE NO. 1199
ORDINANCE NO. 1366
ORDINANCE NO. 1412
ORDINANCE NO. 1431
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Copyright (c) 2012 City of Hoisington, Kansas and Citycode Financial, LLC.
UNOFFICIAL DRAFT AS OF FEBRUARY 3, 2012 (Ord. 1466).
