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CHAPTER I. ADMINISTRATION
Article 1. Governing Body
Article 2. City Manager
Article 3. Administrative Departments
Article 4. General Administration
Article 5. Oaths and Bonds
Article 6. Boards and Committees
Article 7. Investments and Special Funds
Article 8. General Provisions
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ARTICLE 1. GOVERNING BODY
1-101. BOARD OF COMMISSIONERS. The Governing Body of the City of
Herington, Kansas, shall consist of a Board of Commissioners as
provided by the laws of Kansas for cities of the second class having
the statutory commission-manager form of government and as
amended by Charter Ordinances. The Governing Body shall be
referred to in this code as the “Commissioners,” “Commission,”
“Governing Body” and “Board of Commissioners.”
1-102. POWERS GENERALLY. All powers exercised by cities of the
second class, or which shall hereafter be conferred upon them, shall
be exercised by the Commission, insofar as they do not conflict with
the provisions of the statutes relating to the commission-manager form
of government.
1-103. CHAIRMAN; MAYOR. The Commission shall choose its own
chairman annually and the chairman shall have the title of mayor
during the year of office to the end that the city shall have an official
head on formal occasions.
1-104. MEETINGS. The Commission shall conduct regular meetings on the
first and third Tuesday of each month at four thirty o’clock (4:30) p.m.
Special meetings may be called by the Mayor, acting Mayor, or as
otherwise provided by law. A call signed by a majority of the
Commission shall be sufficient warrant for a special meeting. Regular
or special meetings shall always be open to the public. The standard
code known as the “Code of Procedure for Kansas Cities, First
Addition,” prepared by The League of Kansas Municipalities, under
the provisions of K.S.A. 12-3009 through 12-3012, and K.S.A. 12-
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3301 and 12-3302, except such portions as are hereinafter deleted,
modified or amended, is hereby incorporated by reference and shall
be as much as part of this article as if set out in full herein.
1-105. APPOINT CITY MANAGER. The Commission shall appoint a City
Manager as herein provided and shall be responsible for his efficient
administration of the city’s business.
1-106. MEMBERS NOT TO INTERFERE. No member of the Commission
shall directly interfere with the conduct of any department, except at
the express direction of the Commission at a regularly convened
meeting of the Board of Commissioners.
1-107. DEPARTMENTS. Administrative departments shall be created by the
Commission as the public business may demand. Such departments
are herein created by Article 3 of this chapter.
1-108. EMERGENCY GOVERNMENT. In the even of a catastrophe in
which all, or a majority, of the members of the governing body are
fatally injured, the interim governing body shall be composed of the
surviving members, the City Attorney, and the City Clerk.
ARTICLE 2. CITY MANAGER
1-201. POWERS, TERM OF CITY MANAGER. The administration of city
business shall be the responsibility of the City Manager who shall be
appointed and hold office at the pleasure of the Commission.
1-202. QUALIFICATIONS. The City Manager shall be chosen solely upon
the basis of administrative ability. Choice shall not be limited by any
residence qualifications.
1-203. SALARY; BOND. The City Manager shall receive a salary to be fixed
by the Commission, and shall give surety bond for the faithful
performance of his duties in such amount as may be provided by
Section 1-503(a) of this chapter.
1-204. DUTIES OF MANAGER. The City Manager shall be responsible for
the administration of all the affairs of the city and shall see that the
laws of Kansas and ordinances of the city are enforced.
The City Manager shall appoint and remove all heads of departments
and all subordinate officers and employees of the city. All such
appointments shall be made upon merit and fitness alone.
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The City Manager shall be responsible for the discipline of all
appointive officers, and may without notice cause the affairs of any
department or the conduct of any officer or employee to be examined.
The City Manager shall by written policy establish the respective
responsibilities of heads of departments and all subordinate officers
during times of his absence.
The City Manager shall prepare and submit the annual budget to the
governing body and also keep the city fully advised on the financial
condition and needs of the city.
The City Manager may make recommendations to the Commission on
all matters concerning the welfare of the city, and shall have a seat,
but no vote, in all of the public meetings of the governing body.
The City Manager may perform the duties of any officer whose office
he is qualified to fill and in such cases the appointment or employment
of such officer may be dispensed with.
The City Manager may appoint one person to hold and perform the
duties of more than one office; provided, that one person may not hold
offices which are incompatible or when such dual holding is prohibited
by law.
In addition to the officers and employees provided for in this article,
the City Manager shall have power to appoint such employees in and
for the various departments as may be necessary to the efficient
operation of the city’s business and remove such employees at his/her
pleasure.
The City Manager shall perform such other and further duties as may
be required by law or ordinance.
1-205. COUNTERSIGNS WARRANTS. The City Manager shall countersign
all warrants and combined warrants and checks issued by the City
Clerk or City Treasurer. Expenditures shall be legal only on the basis
of appropriations in the budget, and on the authority of warrants
(warrants and checks) issued by the City Clerk or City Treasurer and
countersigned by the City Manager. In no case shall warrants be
issued to exceed the cash balance in such funds.
ARTICLE 3. ADMINISTRATIVE DEPARTMENTS
1-301. DEPARTMENTS CREATED. There are hereby created the following
administrative departments:
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(a) Department of Law
(b) Department of Service
(c) Department of Safety
(d) Department of Administration
1-302. DEPARTMENTAL DIVISIONS. The affairs of the various
departments shall be administered by the following officers and
employees, or departments or boards or by such other officers and
employees, departments or boards as may be provided by other
ordinances, all of whom shall be appointed by the City Manager,
unless otherwise provided by law.
1-302a. ADMINISTRATION. Administrative Departments.
(a) Department of Law:
(1) City Attorney
(2) Municipal Judge
(3) Municipal Court
(b) Department of Service:
(1) Street Department
(2) Utilities Department
(3) Hilltop Community Center
(c) Department of Safety:
(1) Police Department
(2) Fire Department
(3) Inspection Department
(d) Department of Administration
(1) City Clerk
(2) City Treasurer
The City Manager need not appoint or employ any officer or employee
herein provided for when the business of the city shall not require it.
The duties of such officers and employees, departments, or boards
shall be as herein provided or as provided by other ordinances of the
city, or by laws of the State of Kansas.
1-303. DEPARTMENT OF LAW. The Department of Law is created for the
administration of the legal affairs of the city and the supervision and
control of the department shall be in the City Attorney. He shall be
charged with the general direction and supervision of the legal affairs
of the city.
1-304. CITY ATTORNEY. The City Attorney shall appear and prosecute or
defend all suits in any court in which the city may be a party or have
an interest, attend to the collection of judgments in favor of the city
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and satisfy the record where necessary upon the collection thereof,
pay to the City Treasurer any moneys he may receive for the city,
attend prosecutions in the municipal court, draft ordinances, bonds,
contracts, leases, conveyances and other instruments of writing as
required by the business of the city, represent the city before state
boards and commissions; he shall advise the City Commissioners and
officers of the city upon all legal questions affecting the duties of their
offices or the interest of the city as may be submitted to him,
furnishing written opinions when required, and perform other
professional services incidental to his office which may be required of
him under the direction of the City Manager. He shall attend all
meetings of the Board of Commissioners unless excused by the City
Manager. All files, records, notes and memoranda prepared by him
shall be the property of the city and shall be left in its archives. No
person shall be eligible to the office of City Attorney who is not by
profession an attorney at law admitted to practice in the Supreme
Court of the State of Kansas.
1-305. MUNICIPAL JUDGE. The Municipal Judge shall hear and determine
all cases brought into Municipal Court, and shall have power to bring
before the Municipal Court all parties for trial upon complaints duly
and properly made. He shall possess and exercise all powers as
conferred and defined by law pertaining to municipal judges of cities of
the second class.
1-306. MUNICIPAL COURT. The City of Herington shall hold and operate
Court under the provisions of the Kansas Code of Procedure for
Municipal Courts, as amended by Charter Ordinances. Municipal
Court shall be held at such time and place as determined by the
Municipal Judge.
1-307. TRAFFIC VIOLATIONS BUREAU. The Municipal Judge shall assist
the court with the clerical work of traffic cases. The bureau shall be in
charge of such person or persons and shall be open at such hours as
the Municipal Judge may designate. The Municipal Judge who hears
traffic cases shall designate the specified offenses under the traffic
ordinances of the city in respect to which payments of fines may be
accepted by the bureau in satisfaction thereof, and shall specify by
suitable schedule the amount of such fines for first, second and
subsequent offenses; provided, that such fines are within the limits
declared by law or ordinance, and shall further specify what number of
such offenses shall require appearance before the Municipal Judge.
1-308. APPEARANCE BEFORE BUREAU OR JUDGE. Regulations
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relating to when a person charged for traffic violations may elect to
appear at the bureau or before the Municipal Judge shall be as
follows:
(a) Any person charged with an offense for which payment of a fine
may be made to the Traffic Violations Bureau shall have the option of
paying such fine within the time specified in the notice of arrest at the
bureau upon entering a plea of guilty and upon waiving appearance in
court; or may have the option of depositing required lawful bail and
upon plea of not guilty shall be entitled to a trial as authorized by law;
(b) The payment of a fine to the bureau shall be deemed as
acknowledgement of conviction of the alleged offense to the same
effect as a plea of guilty in open court, and the bureau, upon accepting
the prescribed fine, shall issue a receipt to the violator acknowledging
payment thereof.
1-309. DUTIES OF BUREAU. The following duties are hereby imposed upon
the Traffic Violations Bureau in reference to traffic offenses:
(a) It shall accept designated fines, issue receipts and represent in
court such violators as are permitted and desire to plead guilty, waive
court appearance, and give power of attorney;
(b) It shall receive and issue receipts for cash bail from the persons
who must or wish to be heard in court, enter the time for their
appearance on the court docket, and notify the arresting officer and
witnesses, if any, to be present;
(c) It shall keep an easily accessible record of all violations of
which each person has been guilty during the preceding twelve (12)
months, whether such guilt was established in court or in the Traffic
Violations Bureau.
1-310. BUREAU TO KEEP RECORDS. The Traffic Violations Bureau shall
keep records and submit monthly reports to the Municipal Judge of all
notices issued and arrests made for violations of the traffic laws and
ordinances of the city and of all the fines collected by the Traffic
Violations Bureau or the court, and of the final disposition or present
status of every case of violation of the provisions of the laws and
ordinances. Such records shall be so maintained as to show all types
of violations and the totals of each. The records shall be public
records.
1-311. ADDITIONAL DUTIES; BUREAU. The Traffic Violations Bureau shall
follow such procedure as may be prescribed by the traffic ordinances
of the city or as may be required by any laws of this state.
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1-312. COMPLAINTS AND NOTICES TO APPEAR. Complaints and
Notices to Appear shall be served upon the accused persons by
delivering a copy to him or her personally, or by leaving it at the
dwelling house of the accused person or usual place of abode with
some person of suitable age and discretion then residing therein, or by
mailing it to the last known address of said person. A Complaint and
Notice to Appear may be served by a law enforcement officer, fire
marshal or duly appointed Herington building official, code
enforcement officer, zoning officer or lake/reservoir caretaker within
the state and if mailed, shall be mailed by a Herington law
enforcement officer or the Clerk of the Municipal Court. No provisions
of this Charter Ordinance shall be construed to empower fire
marshals, building officials, code enforcement officers, zoning
enforcement officers, lake/reservoir caretakers or court clerks with
powers of arrest, search, detention or other powers of law
enforcement officers, except as provided by law. Upon service by
mail the law enforcement officer or Court Clerk shall execute a
verification to be filed with a copy of the Notice to Appear. Said
verification shall be deemed sufficient if in substantially the following
form:
The undersigned hereby certifies that on the _____ day of
______________, a copy of the Complaint and Notice to Appear was mailed
to _____________, at __________________.
Signed (law enforcement officer or Clerk of Court)
1-313. DEPARTMENT OF SERVICE. The Department of Service shall
consist of the following departments and divisions and have the
primary supervision of the city affairs assigned to the divisions by
ordinances of the city and the City Manager.
(a) Street Department. The street department of the Department
of Service consists of the following divisions with the respectively
indicated duties and responsibilities.
(1) Street Division. The street division shall be charged with
the care, cleaning and maintenance of streets, alleys and public ways
of the city. The division shall be under the supervision of the
superintendent of streets who shall perform such further duties as
required by ordinance or the City Manager.
(2) Parks, Lake, Reservoir and Cemetery Division. The park
and cemetery division shall be charged with the care, improvement
and maintenance of the city parks, lake, reservoir and cemetery,
recreation facilities, operated in connection therewith, the care and
custody of all park equipment and machinery and the administration of
all ordinances pertaining to parks and cemetery. The division shall be
under the supervision of a superintendent of streets who shall have
such further duties as prescribed by ordinances or the City Manager.
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(b) Utilities Department. The utilities division of the Department of
Service shall consist of the following divisions with the respectively
indicated duties and responsibilities:
(1) Water Division. The water division shall be charged with the
maintenance and operation of the water system and the care and
custody of the equipment and machinery used in connection
therewith. The division shall be under the supervision of the utilities
superintendent who shall perform such further duties as required by
ordinance or the City Manager.
(2) Electrical Division. The electrical division shall be charged
with the maintenance and operation of the generating plant and
distribution system of the electrical department of the city, and the
care and custody of the equipment and machinery used in connection
therewith. The division shall be under the supervision of the utilities
superintendent who shall perform such further duties as required by
ordinance or the City Manager.
(3) Wastewater Division. The wastewater division shall be
charged with the maintenance and operation of the sanitary sewer
system. The division shall be under the supervision of the utilities
superintendent who shall perform such further duties as required by
ordinance or the City Manager.
(c) Hilltop Community Center. The Hilltop Community Center, a
department of the Department of Service, shall be charged with the
care, cleaning, and maintenance and activities of the Hilltop
Community Center and Apartments. The division shall be under the
supervision of the Hilltop Coordinator who shall perform such further
duties as required by ordinance or the City Manager.
1-314. POLICE DEPARTMENT. The police department shall consist of a
Chief of Police, Assistant Chief of Police, and such other officers,
policemen and personnel as the City Manager shall from time to time
appoint.
1-315. CHIEF OF POLICE. The Chief of Police shall supervise the
management of the police department, develop and administer
department policies and procedures, supervise, evaluate and train
department personnel, respond to emergency situations, provide
citizen assistance, address public concerns, assist with the
development and implementation of the department budget, and
perform such duties as may be required by the City Manager.
1-316. LAW ENFORCEMENT; SERVICE OF WRITS. The Chief of Police
and all other policemen, under the direction of the City Manager and
the Chief of Police, shall see that the laws of the State of Kansas and
the penal ordinances of the city are properly obeyed and enforced and
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shall execute all writs directed to the Chief of Police by the Municipal
Judge or other competent authority.
1-317. POLICE DUTIES. Police officers while on duty shall devote their time
and attention to their respective duties according to the ordinances of
the city, the laws of the State of Kansas and rules and regulations
established by the City Manager and Chief of Police. It shall be their
general duty at all times to the best of their ability, to preserve good
order, peace, and quiet and to enforce the city ordinances and the
laws of the State of Kansas throughout the city. It shall be their further
duty to arrest all persons found in the act of violating any such
ordinance or law, or aiding or abetting any such violation. They shall
make complaint against any and every person so arrested and shall
cause such person to be brought to trial.
1-318. FIRE DEPARTMENT. The fire department shall consist of a Fire
Chief, Assistant Fire Chief, and other personnel as the City Manager
shall from time to time appoint.
1-319. FIRE CHIEF. The Fire Chief shall supervise the management of the
fire department, develop and administer department policies and
procedures, supervise, evaluate and train department personnel,
respond to emergency situations, provide citizen assistance, address
public concerns, assist with the development and implementation of
the department budget, and perform such duties as may be required
by the City Manager.
1-320. REPORTS, RECORDS. It shall be the duty of the Fire Chief to keep
an accurate record of the fire alarms, practice drills, and the
attendance at the same and to make all reports required by law
relating to the fire department.
1-321. INSPECTION DEPARTMENT. The inspection department shall be
charged with administration of the city ordinances relating to zoning,
the construction of buildings, the installation of plumbing, electrical
wiring and gas piping on private premises and shall issue permits and
make inspections in connection therewith as required by ordinances or
the City Manager. The department shall be under the supervision of
the Fire Chief.
1-322. DEPARTMENT OF ADMINISTRATION. The department of
administration is created for the purpose of having general control of
the administrative affairs of the city.
1-323. CITY CLERK. The City Clerk shall record in a proper record or
minute book the full proceedings of the meetings of the governing
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body and shall enter on the journal the vote on the passage of all
ordinances. After an ordinance shall have been passed and signed,
the City Clerk shall attest the Mayor’s signature and affix the seal of
the city thereto, and assign to it a number. The City Clerk shall cause
all ordinances, except appropriation ordinances, as soon as
practicable after they have been passed and signed, to be published
once in the official city newspaper, unless a statute requires more
publications. The City Clerk shall keep an “ordinance book” in which
shall be entered at length in typewritten or printed copy, a copy of
every ordinance immediately after its publication, or in the case of
appropriation ordinances immediately after passage; provided, that if
the “ordinance book” be a loose-leaf book, the original ordinance,
typed on paper designed for the purpose, may be inserted therein;
provided further that appropriate ordinances may be entered in a
separate “ordinance book”. The ordinances as entered in the
“ordinance book” need not be signed by the mayor or attested by the
City Clerk but such signatures may be written or typed or as shown on
an attached printed copy. The City Clerk shall append at the end of
each ordinance entered in the “ordinance book” a certificate
substantially as follows:
‘I hereby certify that the foregoing is a true and correct copy of the original
ordinance; that said ordinance was passed on the ____ day of ________, 20_____;
that the record of the final vote on its passage is found on page ____ of journal
__________; that it was published in the Herington Times on the _____ day of
____________, 20_____.’
1-324. SPECIAL MEETINGS. In case of special meetings, the call and the
object, as well as the action of the board thereon, shall be entered
upon the journal by the Clerk. The written notice of special meetings
shall state the time, place and object of such meeting and shall be
issued by the City Clerk.
1-325. GENERAL ACCOUNTANT. It shall be the duty of the City Clerk to
examine in detail all bills, accounts and claims against the city and if
found correct to approve the same, but if found incorrect, to refuse to
approve or allow the same. The City Clerk shall be the general
accountant of the city, and shall keep in books regular accounts of all
real, personal and mixed property of the city, of all receipts and
disbursements of money, and under proper heads each source of
receipt and the cause of its disbursement; and shall also keep an
account with each person, including the officers, who have money
transactions with the city, crediting the amounts allowed by proper
authority and specifying the particular transactions to which such
entries apply. The City Clerk shall also keep separate accounts of
each and every appropriation made by the Board of Commissioners,
showing the date thereof and the purpose for which the same is made.
The City Clerk shall also keep a separate account with each
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department of the city government and such other accounts as may
be necessary to show a complete financial statement of the city, and
shall be prepared at every meeting of the Board of Commissioners to
give such information concerning the finances of the city as the Board
may require. The City Clerk shall, at the end of each month, strike a
trial balance of all books, showing a complete and accurate statement
of the financial affairs of the city. At the close of the fiscal year, it shall
be the duty of the City Clerk to make a complete and accurate
statement showing in detail the financial receipts of the city from all
sources and the expenditures of the city for all purposes, together with
a detailed statement of the debts of the city and the purposes for
which they were incurred, and all the property of the city and the
income derived therefrom, if any. The City Clerk shall examine all
warrants and sign the same after appropriations have been duly made
by the Board of Commissioners; and shall render such other services
from time to time as the City Manager may direct.
1-326. CUSTODIAN OF RECORDS. The City Clerk shall be the custodian of
all city records except such as are required to be kept by other
officers, and shall file all papers and records, which shall at all
reasonable times be open to public inspection.
1-327. BOND RECORD. The City Clerk shall keep a full and accurate
account of all bonds issued by the city, recording them in a book by
date, number, amount thereof, rate of interest, number of coupons,
amount of each, to whom payable, date of maturity and when
canceled.
1-328. CASH BASIS ACT. Unless otherwise provided by the “Cash Basis”
Act (Article 11, Chapter 10, Kansas Statutes Annotated and
amendments thereto), the City Clerk shall not knowingly issue, attest,
sign or countersign any order, warrant, check or evidence of
indebtedness on the treasury of the city in payment of any
indebtedness of the city created by the governing body in excess of
the amount of funds actually on hand in the treasury of the city at the
time for such purpose.
1-329. CITY TREASURER. The City Treasurer shall receive from the County
Treasurer all moneys and evidences of indebtedness collected for and
payable to the city, and shall give to the County Treasurer duplicate
receipts, one (1) of which the County Treasurer shall file with the City
Clerk. The City Clerk shall keep in a book kept for that purpose and
under appropriate heads the amounts so receipted for, said books and
vouchers to be for reference in the settlements with the City Treasurer
and County Treasurer. The City Treasurer shall receive and safely
keep all money of the city and disburse the same only in the manner
prescribed by law. The City Treasurer shall keep in suitable books a
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full and accurate account of all moneys received and disbursed in
behalf of the city, specifying the time of receipt and disbursement,
from whom received and to whom disbursed, and on what account.
The City Treasurer shall keep a separate account of each fund and
appropriation.
1-330. DEPOSITORIES. The City Treasurer shall deposit all money required
by law to be deposited in a depository according to statutory
requirements.
1-331. RECORDS; INSPECTION; SETTLEMENTS. The City Treasurer shall
keep books and accounts in regular system (as required by statute or
as directed by the City Manager) and such books and accounts shall
at all reasonable times be open to the inspection of the City Manager.
At the close of each fiscal year the City Treasurer shall submit a
statement of accounts for final settlement for the year, and all
statements and vouchers shall be preserved in the City Clerk’s office
until final settlement.
1-332. CASH BASIS ACT. The City Treasurer shall not knowingly pay any
order, warrant, check, or other evidence of indebtedness out of the
treasury of the city in excess of the amount of funds actually on hand
in the treasury at the time for such purpose, unless otherwise provided
in the 'Cash Basis’ Act (Article 11, Chapter 10, Kansas Statutes
Annotated and amendments thereto). The City Treasurer shall keep a
record of the amount of money on hand in the treasury, which record
shall show at all times the amount of money in each particular fund,
and each order, warrant, check or other evidence of indebtedness,
drawn on the treasury and paid, giving the date of payment. The City
Treasurer shall, upon request of any member of the governing body or
City Manager or at the request of any tax payer of the city or at the
request of any person desiring to contract with the city or who has a
claim against the city, exhibit such record to such person or give such
person a statement in writing, showing the balances on hand in each
of the funds of the city.
1-333. BUDGET LAW. No claim, warrant or certificate of indebtedness in
any form shall be allowed, issued, approved, attested, registered or
paid for any other purpose than that for which the (tax) levy is made,
and no part of any fund shall be diverted in any manner, whether
before or after the distribution of taxes by the County Treasurer, to any
other purpose than that for which the levy was made except as
provided by law.
1-334. QUARTERLY FINANCIAL REPORT. The City Treasurer shall
publish or cause to be published in the official city paper within thirty
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(30) days after the quarter ending in March, June, September, and
December of each year, a statement showing the total amount
received into each fund and the total amount expended from each
fund, and the cash balance of each fund at the beginning and close of
each quarter; provided, that such quarterly statement shall show the
amount of outstanding registered warrants, temporary notes, bonds
and all other obligations and liabilities of the city.
ARTICLE 4. GENERAL ADMINISTRATION
1-401. SALARY CLASSIFICATION: OFFICERS, EMPLOYEES.
Compensation to be paid to officers and employees of the city as
salaries shall be determined by the City Manager upon the basis of
schedules fixed in accordance with the classification of the office or
employment prepared by the City Manager in all such cases. The
personnel records of each city officer and employee shall show the
date of his appointment or employment, his classification and the
salary paid as the same may be changed or fixed from time to time.
1-402. PERSONNEL POLICY. The City Manager shall prepare rules to be
approved by the City Commission establishing the terms and
conditions of employment by the city, which shall be applicable to all
officers and employees of the city.
ARTICLE 5. OATHS AND BONDS
1-501. OATH. All officers 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:
“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).”
1-502. GOVERNING BODY. Each member of the governing body shall,
before entering upon the duties of such office, give a good and
sufficient corporate surety bond, to be executed by a responsible
bonding company authorized to do business in Kansas, payable to
and for the use and benefit of the City of Herington, in the sum of five
thousand dollars ($5,000.00), conditioned for the faithful discharge of
the duties, and that will save the city harmless from all loss caused by
neglect of duty or malfeasance in office, or for the willful expenditure
or misappropriation of any moneys, property or securities of such city
in violation of law. The cost of such surety bond shall be borne by the
city.
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1-503. BONDS OF APPOINTIVE OFFICERS. The following appointive
officers, before entering upon the duties of such office shall give a
good and sufficient corporate surety bond in the following amounts:
(a) City Manager…………………. $25,000.00
(b) City Treasurer………………… $10,000.00
(c) City Clerk……………………… $10,000.00
(d) Clerk of Municipal Court…..….. $ 1,000.00
1-504. BLANKET BOND. Except where a statutory bond is required, the
City Manager is authorized to purchase a blanket bond covering such
officers and employees as he deems advisable and in such amounts
as authorized by the governing body.
1-505. APPROVAL OF BONDS. The bonds of the City Manager, City
Treasurer and City Clerk shall be subject to approval of the governing
body, all other bonds shall be subject to approval of the City Manager.
All bonds shall be filed with the City Clerk, except the City Clerk’s
bond, which shall be filed with the City Treasurer.
1-506. CONDITION OF BONDS. All bonds required or authorized by this
article shall be conditioned for the faithful performance of duty and of
all acts required by the laws of the State of Kansas and the
ordinances 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 and employee by virtue of such office.
ARTICLE 6. BOARDS AND COMMITTEES
1-601. BOARDS AND COMMITTEES. In addition to the Library Board,
Parks and Public Property Advisory Board, Planning Commission, and
Board of Zoning Appeals set forth elsewhere in this Code, the Boards
and Committees in this article are established for the purposes, with
the memberships and for the terms described herein.
1-602. AIRPORT ADVISORY BOARD DISBANDED; REASSIGNMENT OF
DUTIES. The previously created Airport Advisory Board is hereby
disbanded. The duties of the disbanded Board shall become the
responsibility of the Airport Manager under the direct supervision of
the City Manager. Both the Airport Manager and City Manager shall
have the authority to consult with and call for the assistance of a
Morris County, Kansas County Commissioner as needed. General
duties previously carried out by the Board and now assumed by the
Airport Manager shall be reviewed from time to time by the City
Commission and specified by resolution duly adopted by the City
Commission.
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1-603. HERINGTON HOUSING AUTHORITY. The Herington Housing
Authority shall have the powers and duties set forth in K.S.A. 17-2340
et seq. The Board shall consist of five (5) members, which shall each
serve a four (4) year term. Appointments may be renewed by the
Mayor and City Commission with application being made to the City
Office no later than 30 days prior to the existing term. No member
shall serve more than two (2) consecutive terms, for a total of eight (8)
years in office, with each member holding office until his or her
successor has been appointed and has qualified.
1-604. CITY TREE BOARD;CREATED. TERM OF OFFICE. There is hereby
created and established a City Tree Board for the City which shall
consist of three (3) members, city staff, citizens, and residents of this
City, who shall be appointed by the Mayor with the approval of the City
Commission. The membership shall include one (1) Arborist and two
(2) citizen members. One member shall be appointed for an initial
term expiring on September 1, 2006. One member shall be appointed
for an initial term expiring on September 1, 2007. One member shall
be appointed for an initial term expiring on September 1, 2008.
Following the initial terms established herein, all terms shall be for
three years in length. No member shall be eligible to serve more than
three consecutive full three year terms, except that any such person
who has previously served upon the Board shall be eligible to be
appointed to the Board after at least one year has elapsed since such
person’s last serving upon the Board. In the event that a vacancy
shall occur during the term of any member, such member’s successor
shall be appointed for the unexpired portion of the term. General
duties for the Board shall be reviewed from time to time by the City
Commission and specified by resolution duly adopted by the City
Commission. The previously created Tree Advisory Board is hereby
disbanded.
1-605. HILLTOP ADVISORY BOARD. The Hilltop Advisory Board shall
serve as an advisory board to the Governing Body in matters relating
to the use, improvement, upkeep, and maintenance of the facility.
The board shall consist of eight (8) members, which shall each serve
a three (3) year term. One (1) shall be a resident of the apartments,
one (1) shall be a member of the Tri-County Arts Council, one (1) shall
be a member of the Herington Recreation Commission.
1-606. CONVENTION AND VISITOR BUREAU is hereby established to
advise the Governing Body and make recommendations concerning
programs and expenditures for conventions and tourism. The bureau
will consist of ten members appointed by the Mayor and confirmed by
the City Commission. Initially, five members shall be appointed for
terms ending April 30, 2004; five members for terms ending April 30,
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2005. Thereafter, a the expiration of the terms of the original
members, their successors shall be appointed for terms of two years
each, and each shall serve until a successor is appointed and
qualified. Any vacancies in the membership of the bureau shall be
filled by the appointment of a new member as in the case of the
original appointment, to fill the unexpired terms of the member whose
office is vacant.
(a) Each member of the Convention and Visitor Bureau shall be a
representative of one of the following groups:
(1) Owners, operators or employees of persons engaged in the
hotel or motel business within the city, whether such members reside
inside or outside the City;
(2) Representatives from agencies or organizations actively
engaged in promoting tourism, or from facilities or organizations of
historic or cultural attraction in the City or its environs;
(3) Members of the general public;
(4) Employees of the City or members of City boards or
commissions:
(5) One member shall be the President or President’s
representative of the Herington Chamber of Commerce.
In making appointments to the bureau, the Mayor shall designate
which group the appointed member is to represent. No more than
three representatives from any one of the above groups shall be
members of the committee at any time. The bureau shall hold regular
meetings at a time and place to be established by them, subject to
approval of the Governing Body. All meetings shall be open to the
public. The bureau shall elect a chairman and secretary, which shall
also be the vice-chairman. No member of the bureau shall receive
any compensation for service thereon. Any member who is absent for
three consecutive regular meetings shall be deemed to have resigned,
and a successor shall be appointed.
ARTICLE 7. INVESTMENTS AND SPECIAL FUNDS
1-701. INVESTMENTS. The investment of municipal funds shall be made by
the City Manager at the Direction of the Governing Body pursuant to
K.S.A. 12-1675 et seq.
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1-702. INTEREST. The interest earned on all municipal accounts, except
those specifically pledged under municipal utility financing, shall be
deposited in the General Fund, and no accounting or allocation of the
interest earned by the separate funds shall be required.
1-703. EMPLOYEE BENEFITS CONTRIBUTION FUND. In accordance with
K.S.A. 12-16,102, an Employee Benefits Contribution Fund shall be
maintained for the purpose of paying the city’s share of the following
employee benefits:
(a) Social Security (FICA)
(b) Kansas Public Employees Retirement System (KPERS)
(c) Kansas Police and Firemen’s Retirement System (KP&F)
(d) Kansas Worker’s Compensation Fund
(e) Kansas Employment Security Fund
(f) Federal Unemployment Tax Act (FUTA)
(g) Medical, health, and hospitalization insurance and other health
care costs.
ARTICLE 8. GENERAL PROVISIONS
1-801. CODE DESIGNATED. The chapters, articles and sections herein
shall constitute and be designated as “The Code of the City of
Herington, Kansas,” and may be so cited. The Code may also be
cited as the “Herington City Code.”
1-802. 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) Bond. When a bond is required, an undertaking in writing shall
be sufficient.
(b) City shall mean the City of Herington, Kansas.
(c) Code shall mean “The Code of the City of Herington, Kansas.”
(d) 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.
(e) Delegation of Authority. Whenever a provision appears
requiring or authorizing the head of a department or officer of the city
to do some act or perform some duty, it shall be construed to
authorize 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) Governing body shall be construed to mean the City
Commission of the City of Herington, Kansas.
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(g) County means the County of Dickinson in the State of Kansas.
(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 (3) or
more persons or officers shall be construed as giving such authority to
a majority of such persons or officers.
(j) Month shall mean a calendar month.
(k) Number. Words used in the singular include the plural and
words used in the plural include the singular.
(l) Oath includes an affirmation in all cases in which, by law, an
affirmation may be substituted for an oath, and in such cases the word
“swear” is equivalent to the word “affirm.”
(m) Officers, departments, etc. Officers, departments, boards,
commissions and employees referred to in this Code shall mean
officers, departments, boards, commissions and employees of the City
of Herington, 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 hereditament,
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 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.
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1-803. EXISTING ORDINANCES. The provisions appearing in this Code, so
far as they are in substance the same as those of ordinances exiting
at the time of the effective date of this Code, shall be considered as
continuations there of and not as new enactments.
1-804. 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.
1-805. CAPTIONS OF SECTIONS. The captions of the sections of this Code
printed in capital letters are intended as mere catchwords to indicate
the contents of the section and shall not be deemed or taken to be
titles of such sections, nor as any part of any section, nor unless
expressly so provided, shall they be so deemed when any section,
including its caption, is amended or reenacted.
1-806. PARENTHETICAL AND REFERENCE MATTERS. 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.
1-807. 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 Herington, Kansas 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 Herington, Kansas 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 Herington is hereby repealed.’
1-808. CITY RECORDS. The City Clerk or any other officer or employee
having custody of 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.
1-809. 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,
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or to alter or tamper with such Code in any manner whatsoever which
will cause the law of the City of Herington, Kansas 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.
1-810. SCOPE OF APPLICATION. Any person convicted of doing any act
prohibited, made unlawful, or the failing to do any act 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 1-811.
Each day any violation of this Code continues shall constitute a
separate offense.
1-811. 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 less than one dollar ($1.00) or more than four
hundred ninety-nine dollars ($499.00); or,
(b) Imprisonment for not more that one hundred seventy-nine (179)
days; or,
(c) Both such fine and imprisonment not to exceed (a) and (b)
above.
1-812. SEVERABILITY. If for any reason any chapter, article, section,
subsection, sentence, clause or phrase of the 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 the Code.
CHAPTER II. CIVIL OFFENSES
Article 1. Animal Control
Article 2. Dogs and Cats
Article 3. Nuisances
____________
Article 1. Animal Control
2-101. DEFINITIONS. For the purpose of this chapter, the following words
and phrases shall mean:
(a) Abandon includes the leaving of an animal by its owner
or other person responsible for its care or custody
without making effective provisions for its proper care.
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(b) Animals means all vertebrate and invertebrate animals
such as, but not limited to bovine cattle, horses and other
equines, hogs, goats, rabbits, sheep, chickens ducks, geese, turkeys,
pigeons, and other fowl or wild animals, reptiles , fish, bees or birds
that have been tamed, domesticated or captivated.
(c) Animal Shelter means the facility or facilities operated by
the city or its authorized agents for the purpose of
impoundment or caring for animals under the authority
of this chapter or state law.
(d) At-large means to be outside of a fence or other
enclosure which restrains the animals to a particular
premise or not under the control, by leash or lead, of the
owner or other authorized person capable of restraining
the animal. Animals tethered to a stationary object
within range of public thoroughfares are deemed to be
“at-large.”
(e) Bite means any actual or suspected abrasion, scratch,
puncture, tear, bruise, or piercing of the skin, caused by
any animal, which is actually or suspected of being
contaminated or inoculated with the saliva from the
animal, directly or indirectly, regardless of the health of
the animal causing such bite.
(f) Cat means any member of the species felis catus,
regardless of sex.
(g) Dangerous or Vicious Animal means any animal deemed
to be dangerous or vicious per Section 2-112.
(h) Dog means any member of the species canis familiaris,
regardless of sex.
(i) Fowl means all animals that are included in the zoological class
aves.
(j) Harbor means any person who shall allow any animals to
habitually remain or lodge or to be fed within his or her home, store,
yard, enclosure or place of business or any other premises where he
or she resides or controls.
(k) Humane Live Animal Trap means any cage trap that
upon activation encloses any animal without placing any
physical restraint upon any part of the body of such animal.
(l) Humanely Euthanasia means the proper injection of a
substance that quickly painlessly terminates the life of an
animal, or any other method approved by the American
Veterinary Medical Association or the American Humane Society.
(m) Immediate Control means the regulation and supervision by a
competent person so that an animal is unable to run or get loose at
will.
(n) Kennel means any establishment, commercial or otherwise,
maintained for breeding, rearing, grooming, boarding, or otherwise
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harboring in an enclosure in one (1) location only, three (3) or more
dogs.
(o) Livestock includes, but is not limited to cattle, horses, goats,
sheep or other animals, commonly regarded as farm or ranch animals.
(p) Neutered means any male or female cat or dog that has been
permanently rendered sterile.
(q) Own means and includes own, keep harbor, shelter, manage,
posses, or have a part interest in any animal, including, but not limited
to cats, dogs, exotic animals, fowl and livestock. If a minor owns any
such animal subject to the provisions of this chapter, the head of the
household of which such minor is a member shall be deemed to own
such animal for the purposes of this chapter.
(r) Owner means the one who owns, his or her employee, agent, or
other competent person into whose charge the actual owner has
placed an animal described in Subsection (q) above.
(s) Vaccination means an injection of a vaccine, approved by the
State Board of Public Health and administered by a licensed
veterinarian for the purpose of immunizing an animal against rabies.
(t) Veterinarian means a doctor of veterinary medicine licensed by
the State of Kansas.
2-102. ENFORCEMENT. The Chief of Police shall be charged with the
enforcement of this chapter. Any person employed by the city as a
Law Enforcement Officer and commissioned by the Chief of Police
shall have such powers and authority as allowed by law in the
enforcement of this chapter.
2-103. TRAPPING OF ANIMALS. Animals shall be trapped in accordance
with the following:
(a) When deemed necessary by Law Enforcement Officers for the
health, safety and welfare of the residents of the city, such officers
and/or their agents may place a humane trap on the property if the
resident requests such a trap for the purpose of capturing any animals
defined in this chapter creating a nuisance in the city.
(b) Law Enforcement Officers are authorized to use any
tranquilizer guns, firearms, humane traps, or other suitable devices to
subdue or destroy any animal that is deemed by the officer, in his or
her discretion, to be of a danger to itself or to the public health and
safety.
(c) It shall be unlawful for any person to set or cause to be set
within the city, any steel-jaw leg hold trap, snare, or any trap other
than a humane trap, as defined, for the purpose of capturing any
animal, whether wild or domestic.
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2-104. RIGHT OF ENTRY. A Law Enforcement Officer or his or her designee
shall have the right of entry upon any private unenclosed lots or lands
for the purpose of collecting any animal whose presence thereupon is
a violation of this chapter. It shall be unlawful for any person to
interfere with such officer in the exercise of this right.
2-105. IMPOUNDMENT. Law Enforcement Officers shall impound animals at
a veterinarian clinic having the following facilities:
(a) Adequate impoundment of all stray and ownerless dogs and
cats and animals otherwise in violation of the provisions of this
chapter.
(b) Group holding facilities for stray, ownerless and unvaccinated
animals impounded for violation of the provisions of this chapter.
(c) Individual isolation facilities for sick, biting, rabid and suspected
rabid animals.
(d) Facilities for the humane destruction of all unwanted and
wanted animals.
2-106. CRUELTY TO ANIMALS. It shall be unlawful for any person to:
(a) Willfully or maliciously kill, maim, disfigure, torture, beat with a
stick, chain, club or other object; mutilate, burn or scald with any
substance; or otherwise cruelly set upon any animals, except that
reasonable force may be employed to drive vicious animals away;
(b) Drive or work any animal cruelly or cruelly work any maimed,
mutilated, infirm, sick or disabled animal, or cause, allow or permit the
same to be done;
(c) Have, keep or harbor any animal which is infected with any
dangerous or incurable and/or painfully crippling condition except as
hereinafter provided. The Municipal Court Judge may order a person
convicted of violation under this subsection to turn the animal involved
over to a designated humane society. All such animals taken by the
designated agency my be destroyed humanely as soon thereafter as
is possible. This section shall not be construed to include veterinary
hospitals or animals under active veterinary care;
(d) Sell or offer for sale, barter, give away, or use as an advertising
device or promotional display, living baby chicks, rabbits, ducklings or
other fowl, except pigeons, under two (2) months of age in any
quantity less than twelve (12); or to sell, offer for sale, barter, give
away, or display animals or fowl as specified in this section which
have been dyed, colored or otherwise treated so as to impart to them
an artificial or unnatural color; provided, however, that this section
shall not be construed to prohibit the sale of animals or fowls as
specified in this subsection, in proper facilities by hatchery or persons
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engaged in raising and selling such animals and fowls for recognized
animal husbandry purposes;
(e) Promote, stage, hold, manage, or in any way conduct any
game, exhibition, contest or fight in which one (1) or more animals are
engaged for the purpose of injuring, killing, maiming, or destroying
themselves or any other animals;
(f) Neglect or refuse to supply such animals with necessary and
adequate care, food, drink, air, light, space, shelter and protection
from the elements as necessary for health and well-being of such kind
of animal.
2-107. NUISANCE: ANIMAL ACTIVITIES PROHIBITED. The owner of any
animal shall take all reasonable measures to keep such animal from
becoming a nuisance. For the purpose of this section, “nuisance” is
defined as any animal which:
(a) Molests or interferes with persons in the public right-of-way;
(b) Attacks or injures persons, or other domestic animals;
(c) Damages public or private property 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 charging violation of this provision, a
subpoena shall also be issued to the complainant to testify to the
nuisance under oath.
2-108. NOISY ANIMALS. The keeping, or harboring of any animal which by
loud, frequent and habitual barking, howling, yelping, mewing, roaring
or screeching shall disturb the peace of any neighborhood is hereby
prohibited and declared to be a public nuisance and unlawful under
this chapter.
2-109. ANIMAL CONFINES. Animal confines shall be maintained in
accordance with the following:
(a) It shall unlawful for any person to keep or maintain any animal
in any yard, property, structure, lot or area that is uninhabited by a
person or persons in which a domicile may or may not be present.
(b) It shall be unlawful for any person to keep or maintain any
animal in any yard, structure or area that is not clean, dry and
sanitary, free from debris and offensive odors that annoy any
neighbor, and devoid of rodents and vermin.
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(c) Excrement shall be removed daily from any pen or yard area
where animals are kept, and if stored on the premises by any animal
owner, shall be stored in adequate containers with fly-tight lids.
(d) All animal pens and yards shall be so located that adequate
drainage is obtained, normal drying occurs, and standing water is not
present.
(e) All premises on which animals are kept shall be subject to
inspection by the Chief of Police. If the Chief of Police determines
from such inspection that the premises are not being maintained in a
clean and sanitary manner, he or she shall notify the owner of the
animals in writing to correct the sanitation deficiencies within twenty-
four (24) hours after notice is served on the owner. Any animal kept
under any condition which could endanger the public or animal health
or create a health nuisance may be impounded. Animals shall be
released after fees are paid and cause for impoundment has been
corrected.
2-110. DEATH OF ANIMALS. All animals which die shall be disposed of by
the owner or keepers within twenty-four (24) hours by burial,
incineration in a facility approved by the Chief of Police, by rendering
or by other lawful means approved by the Chief of Police. No dead
animal shall be dumped on any public or private property. Dead
animals the ownership of which cannot be determined and which are
found on public property shall be removed by the city Public Works
Department.
2-111. VICIOUS ANIMALS.
(a) It shall be unlawful for any person to keep, posses 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 Chief of Police. If the animal presents a clear and present danger
to the public health or safety, it shall be the duty of the Chief of Police
or his or her agent, to impound such animal.
(b) For purpose of this chapter a vicious animal shall include:
(1) Any animal with a known propensity, tendency or disposition
to attack unprovoked, to cause injury or to otherwise endanger the
safety of human beings or domestic animals; or
(2) Any animal which attacks a human being or domestic
animal without provocation:
(3) Any animal owned or harbored primarily or in part for the
purpose of fighting or any animal trained for fighting;
(4) 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.
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(c) It shall be the duty of every owner, keeper or harbor 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 muzzle with a good and sufficient
wire or leather muzzle, securely fastened so as to wholly prevent such
a dog form 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 code.
(d) Nothing in this chapter shall be construed to prevent 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.
(e) If a complaint has been filed in the Municipal Court against the
owner of an impounded animal for a charge under this section, the
animal shall not be released except on the order of the Municipal
Judge, who may also direct the owner to pay all impoundment fees in
addition to any penalties for violation of this chapter. When any animal
remains unclaimed for seventy-two (72) hours after its release has
been authorized by the Municipal Judge, the Judge may, upon making
a finding that such animal is vicious or that it represents a clear and
present danger to the citizens or to other animals in the community,
order the animal to be destroyed in a humane manner by the animal
shelter. Surrender of an animal by the owner thereof to the Animal
Control Officer does not relieve or render the owner immune from the
decision of the court, nor to the fees and fines which may result from a
violation of this section.
2-112. IMPOUNDMENT OF RABIES SUSPECTS. Any Law
Enforcement Officer or Local Health Officer may take, upon private or
public property, any animal which has bitten or scratched a person or
other animal and impound the animal in a veterinary hospital or animal
care facility for a period of not more than (30) days during which time
the Local Health Officer shall determine whether or not such animal is
suffering from a disease and, if not, the Local Health Officer shall
authorize the release of the animal upon payment by the owner of the
boarding fee therefore. The Health Officer may authorize the keeping
of any such animal on the owner’s premises if the owner produces a
rabies vaccination certificate showing that the animal has valid rabies
vaccination protection. Impoundment costs shall be borne by the
owner.
2-113. ANIMALS BITTEN BY RABID ANIMALS. Whenever a dog, cat or
other animal is bitten by a rabid animal or an animal later proved to
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have been rabid, it shall be the duty of the owner of the animal that
is bitten, to report that fact to the Local Health Officer and/or the
Police department. It shall also be the duty of the owner of the bitten
animal to either destroy or have his or her bitten animal destroyed
unless:
(a) The animal which was bitten has been vaccinated against
rabies at least three (3) weeks before being bitten and has a current
vaccination: and,
(b) If the bitten animal has a current vaccination, it shall be
confined for ninety (90) days; and
(c) The bitten animal shall be released from confinement only upon
written order from the Local Health Officer, who declares the animal to
be free of rabies: and
(d) If the animal is found to have contracted rabies during
confinement, it shall be properly disposed of.
2-114. VEHICULAR ACCIDENTS INVOLVING ANIMALS. Any person who
as the operator of a motor vehicle strikes any animal shall stop at
once and shall immediately report such injury or death to the owner of
such animal, or in the event that the owner cannot be ascertained and
located, the operator shall at once report the accident to the Police
Department.
2-115. EMERGENCY: PROCLAMATION. The Local Health Officer and/or
the Police Department is hereby authorized whenever in his or her
opinion the danger to the public safety from rabid animals is made
imminent to issue a proclamation ordering all persons owning any
animal in the city to confine the animal in a good and sufficient
enclosure from which the animal cannot escape, or fasten such animal
by means of a chain on the premises where the owner may reside, for
such time as may be specified in such proclamation. Any animal not
confined during such time may be disposed of wherever found by any
police officer, or the duty authorized animal officer of the city. The
owner of such animal shall be prosecuted for such violation thereof.
ARTICLE 2. DOGS, CATS, AND DOMESTIC ANIMALS
2-201. DOGS, CATS, AND DOMESTIC ANIMALS REGISTRATION;
VACCINATION; TAX. It shall be the responsibility of every owner,
keeper or person maintaining a dog, cat, or domestic animal to see
that the animal in question is properly registered through the City of
Herington. The following requirements are applicable to owners of
dogs, cats, and domestic animals within the city:
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(a) Every owner of any dog, cat, or domestic animal over six (6)
months of age shall register his or her name with the name, sex, and
description of each dog or cat so owned with the City Clerk.
(b) Upon registration, the owner shall present a current, completed
certificate of immunization against rabies. No registration shall follow
without evidence of this document.
(c) The owner or harborer of any dog, cat, or domestic animal
shall, at the time of applying for a license, present to the City Clerk a
certificate from an accredited veterinarian showing that a male has
been neutered or a female has been spayed.
(d) The City Clerk shall collect an annual tax of five dollars ($5.00)
for each neutered male and for each spayed female, and ten dollars
($10.00) for each un-neutered male and for each un-spayed female.
(e) The license year shall be from January 1st through December
31st of each year. The fee shall be payable before March 1st of each
year without penalty.
(f) Every owner or harborer of a dog, cat, or domestic animal who
shall fail to register and license the same prior to the 1st day of March
of each licensing year shall pay in addition to the license fee
hereinabove provided a penalty fee for late registration of fifteen
dollars ($15.00).
(g) Every owner or harborer of a dog, cat, or domestic animal who
shall be required to register an animal pursuant to this Article shall be
a resident of the City of Herington, Kansas.
2-202. DOGS, CATS, AND DOMESTIC ANIMALS TAGS. It shall be the duty
of the City Clerk or designated agent, upon receipt of the license tax
hereinbefore required, to keep in a suitable book the time of the
registration, the name of the owner or keeper, the number of the
registration and the amount paid therefore, and shall deliver to the
owner or keeper of a dog, cat and domestic animal a certificate in
writing, stating that the person has registered the dog, cat, and
domestic animal and the number by which the dog, cat, or domestic
animal is registered, and shall also deliver to the owner or keeper of
the dog, cat or domestic animal, a tag with the registration number
and the license year thereon, which shall by the owner or keeper be
attached to the collar to be used on the dog or cat so registered.
When it shall be made to appear to the City Clerk that any tag has
been lost, he or she shall, upon presentation of the certificate, issue a
duplicate of such tag. It shall be unlawful for any person to take off or
remove the city license tag from any dog, cat, or domestic animal
belonging to another, or remove the strap or collar on which the same
is fastened.
2-203. VISITING DOGS, CATS, AND DOMESTIC ANIMALS. The provisions
of this article with respect to registration shall not apply to any dog,
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cat, or domestic animal owned by any person visiting or temporarily
remaining in the city for less than thirty (30) days. However, such dog,
cat, or domestic animal shall be kept under restraint by the owner
thereof at all times.
2-204. RUNNING AT LARGE.
(a) It shall be unlawful for the owner or harborer of any dog or cat
or domestic animal to permit such animal to run at large within the city
at any time;
(b) Any dog or cat or domestic animal running at large within the
city shall be impounded as set out in Section 2-205;
(c) The owner or harborer of any dog, cat or domestic animal
impounded for running at large without the tag required by Section 2-
202 shall, for the first offense, pay a fine of twenty-five dollars ($25.00)
plus the board bill; for the second offense a fine of fifty dollars ($50.00)
plus the board bill; for the third and subsequent offense a fine of One-
hundred dollars ($100.00) the board bill.
(d) For the first offense of an animal running at large with a tag as
required by Section 2-202, the owner or harborer claiming any animal,
shall in addition to presenting a license receipt, pay the cost of the
board bill and a twenty dollar ($20.00) fee. For a second offense, the
owner or harborer shall pay a fee of forty dollars ($40.00) plus the
board bill. For a third and all subsequent offenses, the owner or
harborer shall pay a fee of one-hundred ($100.00) plus the cost of the
board bill.
(e)The owner, not the animal, shall be considered in the offense as
the responsible party. The owner is responsible for all animals under
their control and the number of offenses incurred is against the owner
and not the animal or animals in party to the offense.
2-205. IMPOUNDMENT.
(a) Any dog, cat, or domestic animal in violation of the provisions of
this article shall be subject to impoundment by the city. A record of all
dogs, cats, or domestic animal impounded shall be kept by the city
containing the following information: breed, color, sex, weight, height,
identifying marks, registration number (if any) and date of
impoundment.
(b) If the dog, cat, or domestic animal impounded has a current
registration tag attached to its collar, if applicable, the owner of such
animal as shown by the records of the Police Department shall be
notified by phone or in writing, if no contact has been made, as soon
as possible. If at the end of three (3) business days the City Police
Chief has been unable to locate the owner, or the owner, upon having
been located, refuses to claim or redeem said dog, cat or domestic
animal then the dog, cat or domestic animal may be sold, euthanized
or otherwise disposed of.
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(c) If the animal impounded has no current registration tag, it shall
be kept for seventy-two (72) business hours or three (3) business
days. If within that time the owner does not appear to claim the
animal, it may be sold, euthanized or otherwise disposed of.
(d) If within the impoundment period, the owner of an impounded
animal does appear and redeem the animal, it shall be turned over to
the person claiming it upon payment of the actual costs of
impoundment, and upon compliance with the registration provisions of
this article.
(e) Any animal impounded may not be released without current
vaccinations documented.
(f) Impoundment hereunder shall not preclude any court from
imposing and executing any fine which might otherwise be levied
under this article for violation of any of the provisions thereof; nor shall
impoundment be a defense in any prosecution.
2-206. KENNEL LICENSES.
(a) No person or household shall own or harbor more than four (4)
dogs of six (6) months of age or older or more than one (1) litter of
pups, or more than four (4) cats of more than six (6) months of age or
more than one (1) litter of kittens or more than a total of five (5) dogs
and cats more than six (6) months of age in any combination, or
engage in the commercial business of breeding, buying, selling,
trading, training, or boarding cats or dogs or both cats and dogs
without having obtained a kennel license from the City Clerk.
(b) Kennel licenses must be renewed annually. No kennel license
shall be issued until an inspection certificate has been given by the
Animal Control Officer certifying approval of the kennel and
compliance with the applicable laws of the city and State of Kansas,
and a certificate by the Zoning Code Enforcement Officer has been
issued certifying that the applicant for the kennel license is not
violating zoning laws of the city. If the City Clerk has not received a
protest against the kennel, the City Clerk may issue a renewal of an
existing kennel license at the same location without any report from
the Animal Control Officer and Zoning Code Enforcement Officer. If
the Animal Control Officer or the Zoning Code Enforcement Officer
finds that the holder of any kennel license is violating any zoning law,
or any other law of the State of Kansas, or of the city, or is maintaining
the facility in a manner detrimental to the health, safety or peace of
mind of any person residing in the immediate vicinity, he or she shall
report such fact to the City Clerk, and the license shall not be renewed
except after a public hearing before the City Commission.
(c) The Zoning Enforcement officer or any law enforcement officer
shall have the right to inspect any premises licensed under this
section at any time and nothing shall prevent the entry onto private
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property for the purpose of inspection. The application for a kennel
shall constitute consent to such entry and inspection.
(d) The Governing Body may suspend or revoke a kennel license,
if pursuant to a public hearing, it finds any of the following:
(1) The kennel is maintained in violation of any applicable law
of the Sate of Kansas, or of the city.
(2) The kennel is maintained so as to be a public nuisance.
(3) The kennel is maintained so as to be detrimental to the
health, safety or peace of mind of persons residing in the immediate
vicinity.
(e) The annual kennel license fee shall be twenty-five dollars
($25.00). Payment of such license fee is in addition to, and not in lieu
of, the dog license fees otherwise required under this article.
(f) This section shall not apply to and will not be construed to
require a kennel license for a licensed veterinarian to operate an
animal hospital.
2-207. CONFINEMENT OF DOGS IN HEAT. Any un-spayed female dog in
the stage of estrus (heat) shall be confined during such period of time
in a house, building or secure enclosure, and the area of enclosure
shall be so constructed that no other dog or dogs may gain voluntary
access to the confined animal except for the purpose of planned
breeding. Any animal that is in the state of estrus (heat) and that is not
properly confined, or any such animal that is creating neighborhood
nuisances, shall be removed to a boarding kennel, veterinary hospital,
or the animal shelter. All expenses incurred as a result of the
confinement shall be paid by the owner. The owner of the animals
removed to the animal shelter shall be charged at the rate established
from time to time by the animal shelter for routine confinement. Failure
to comply with the order of the Animal Control Officer shall be a
violation of this article, and the animal will then be impounded by this
chapter.
2-208. PROHIBITED ANIMALS. It shall be unlawful to keep, harbor, own or
in any way possess within the corporate limits of the City of Herington,
Kansas:
(a) Any warm-blooded, carnivorous or omnivorous, wild or exotic
animal (including, but not limited to nonhuman primates, raccoons,
skunks, foxes and wild and exotic cats, but excluding fowl, ferrets and
small rodents of varieties used for laboratory purposes).
(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 this ordinance may be kept within the
city subject to the standards and requirements set forth in Section 2 of
this article. “Pit Bull Dog” is defined to mean:
(1) The bull terrier breed of dog;
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(2) The Staffordshire bull terrier breed of dog;
(3) The American pit bull terrier breed of dog;
(4) The American Staffordshire terrier breed of dog;
(5) Dogs of mixed breed or of other breeds than listed which
breed or mixed breed is a known as pit bulls, pit bull dogs or pit bull
terriers:
(6) Any dog which has the appearance and characteristics of
being predominantly of the breeds of bull terrier, Staffordshire bull
terrier, American pit bull terrier, American Staffordshire terrier; any
other breed commonly known as pit bulls, pit bull dogs or pit bull
terriers: or a combination of any of these breeds.
2-209. STANDARDS. The provisions of Section 2-208 are not applicable to
owners, keepers or haborer of pit bull dogs registered with the City of
Herington on the effective date of this article. The keeping of such
dogs, however, shall be subject to the following standards:
(a) Leash and Muzzle. No persons shall permit a registered pit bull
dog to go outside its kennel or pen unless such dog is securely
controlled with a leash no longer then four (4) 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 secured by a leash 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 shall be securely confined
indoors or in a securely closed 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 then two (2) 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,
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 exciting the structure.
(d) Signs. All owners, keepers or harborer of registered pit bull
dogs within the city shall within ten (10) days of the effective date of
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this ordinance 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 an animal.
(e) Insurance. All owners, keepers or harborer of registered pit bull
dogs must within ten (10) days of the effective date of this ordinance
provide proof to the Herington City Clerk of public liability insurance in
a single incident amount of fifty thousand dollars ($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 ten (10)
days’ written notice is first given to the Herington City Clerk.
(f) Identification Photographs. All owners, keepers, or harborer of
registered pit bull dogs must within ten (10) days of the effective date
of this ordinance provide to the City Clerk two color photographs of the
registered animal clearly showing the color and approximate size of
the animal.
(g) Reporting requirements. All owners, keepers or harborer of
registered pit bull dogs must within ten (10) days of the incident, report
the following information in writing to the Herington City Clerk as
required hereinafter;
(1) The removal from the city or death of a registered pit bull
dog;
(2) The birth of offspring of a registered pit bull dog;
(3) The new address of a registered pit bull dog owner should
the owner move within the corporate city limits.
(h) Sale or Transfer of Ownership Prohibited. Sale: no
person shall sell, barter or in any other way dispose of a pit bull dog
registered with the city unless the recipient person resides
permanently within 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.
(i) Animals Born of Registered Dogs. An offspring born of pit bull
dogs registered with the city must be removed from the city within six
(6) weeks of the birth of such animal.
(j) Irrefutable Presumptions. There shall be an irrefutable
presumption that any dog registered with the city as a pit bull dog or
any of those breeds prohibited by Section 1 of this article is in fact a
dog subject to the requirements of this section.
(k) Failure to Comply. It shall be unlawful for the owner, keeper or
harborer of a pit bull dog registered with the City of Herington 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
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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.
2-210. PENALTY. 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 then two hundred dollars ($200.00) and not more
than one thousand dollars ($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. 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.
ARTICLE 3. NUISANCES
2-301. BOARD OF HEALTH. The Board of Health shall consist of the City
Manager, the Mayor and the City Health Officer. The City Health
Officer shall be the Secretary of the Board of Health.
2-302. DUTIES OF BOARD OF HEALTH. It shall be the duty of the Board of
Health or its authorized member, to make or cause to be made,
inspections of all places and conditions within the jurisdiction of the
Board and deemed to be hazardous to the health of the inhabitants of
the city and to serve such notices or orders as may be required or
authorized by ordinances of the city and laws of the State of Kansas to
correct or remedy such conditions or to remove or abate any health
nuisance in accordance with the order of the Board.
2-303. HEALTH OFFICER. The City Health Officer shall be appointed by the
City Manager and shall perform all the duties prescribed by law or
ordinance for such officer.
2-304. NUISANCES UNLAWFUL; DEFINED. It shall be unlawful for
any person to maintain or permit any nuisance within the city as
defined, without limitations, 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:
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(b) All dead animals not removed within 24 hours;
(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.
2-305. PROCEDURES.
(a) COMPLAINTS; INQUIRY AND INSPECTION. The public
officer shall inquire and inspect 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 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 appears to constitute a nuisance. Upon making
any inquiry and inspection the public officer shall make a written
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report of findings.
(b) RIGHT OF ENTRY. It shall be a violation of this code to
deny the public officer the right to access and entry upon private
property at any reasonable time for the purpose of making inquiry
and inspection to determine if a nuisance exists.
(c) NOTICE. Any person found by the public officer to be in
violation of 2-304 shall be served a notice of such violation with a
detailed description of premises accurately depicting the condition(s) for
which the person is currently being provided notice of violation. The
notice shall be served by an authorized representative of the City of by
certified mail, receipt requested, for those who live out of the City of
Herington. The notice shall be personally served by the authorized
representative on the City’s behalf within 24 hours of execution of this
notice.
(d) SAME; CONTENTS. The notice shall state the
condition(s)
which is (are) in violation of 2-304. The notice shall also
inform the person that:
1) He, she or they have 5 days from the date of service
to abate any such nuisance.
(e) 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
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of the city against such person and upon conviction of any
violation
of provisions of 2-304, be fined in an amount not to exceed
$100 or be imprisoned not to exceed 30 days or be both fined
and
imprisoned. Each day during or on which violation occurs or
continues after notice has been served shall constitute an
additional or separate offense.
(f) ABATEMENT. In addition to or as an alternative to
prosecution as provided in (e), the public officer may
seek to remedy violations of this section in the following manner.
If a person to whom a notice has been sent pursuant to (c)
has neither alleviated the conditions causing the alleged
violation nor requested a hearing before the governing body or its
designated representative within the time periods specified in
(d), the public officer may present a resolution to the
governing body for adoption authorizing the public officer or other
agents of the city of 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 (h). A copy of the resolution
shall be served upon the person in violation in one of the following
ways:
(1) Personal service upon the person in violation:
(2) Service by restricted mail, postage, prepaid, returned
receipt requested ; or
(3) In the event the whereabouts of such person are
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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 a
week for two consecutive weeks in the official city newspaper
and by posting a copy of the resolution on the premised where
such condition exists.
(g) HEARING. If a hearing is requested within a 10 day period
as provided in (d), such request shall be made in writing to the
governing body or its designated representative. Failure to make a
timely request for a hearing shall constitute a waiver of the person’s
right to contest the findings of the public officer before the governing
body or its designated representative. The hearing shall be held by
the governing body as soon as possible after the filing of the request
therefore, and the person shall be advised by the city of the time and
place of the hearing at least five days in advance thereof. At any
such hearing, the person may be represented by counsel, and the
person and 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 governing body or its designated representative shall
record its determination of the matter by the means of adopting a
resolution and serving the resolution upon the person in the manner
provided in (f).
(h) COSTS ASSESSED. If the city abates the nuisance
pursuant to (f), the cost of abatement shall be charged
against the lot or parcel of ground on which the nuisance was
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located. The city clerk shall, at the time of certifying other taxes
to
the county clerk, certify the cost as provided in this section. The
county clerk shall extend the same tax roll and it shall be
collected
by the county treasurer and paid to the city as other city taxes are
collected and paid.
2-306. ABATEMENT OF UNSAFE OR DANGEROUS STRUCTURES.
The Governing Body has found that there exists 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 ordinance.
(a) DEFINITIONS. For the purpose of this ordinance, the
following words and terms shall have the following meanings:
(1) Enforcing officer means the city health officer or his or her
authorized representative.
(2) Last known address includes the address where the
property is located, or the address as listed in the tax records.
(3) Parties in interest means any owner or owners of record,
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judgment creditor, tax purchaser, occupant or other party having
any legal or equitable title or interest in the property.
(4) Structure shall include any building, wall, superstructure or
other structure which requires location on the ground, or is
attached to something having a location on the ground.
(b) ENFORCING OFFICER; DUTIES. The enforcing officer is
hereby authorized to exercise such powers as may be necessary
to
carry out the purposes of this ordinance, including the following:
(1) Inspect any structure which appears to be unsafe,
dangerous or unfit for human habitation;
(2) 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;
(3) Report all structures which he or she believes to be
dangerous, unsafe or unfit for human habitation to the governing
body;
(4) Receive petitions as provided in this ordinance.
(c) 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
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discloses a basis for such charges, report such findings to the
governing body.
(d) SAME; NOTICE. The governing body upon receiving a
report
as provided in (c) shall by resolution fix a time and place at
which the owner, the owner's agent, any lienholder of records and
any occupant of the structure may appear and show cause why the
structure should not be condemned and ordered repaired or
demolished.
(e) SAME; PUBLICATION.
(1) 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.
(2) 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 address and shall be
marked "deliver to addressee only."
(f) 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
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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.
(g) 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.
(h) SAME; FAILURE TO COMPLY.
(1) 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.
(2) 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.
(i) 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.
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(j) ASSESSMENT OF COSTS: FINANCE.
(1) The cost to 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.
(2) 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.
(3) 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.
(4) 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.
(5) 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) 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,
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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 (j).
(l) APPEALS FROM ORDER. Any person affected by an
order
issued by the governing body under this ordinance 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.
(m) SCOPE OF ORDINANCE. Nothing in this ordinance 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
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. Nothing in this ordinance
shall be construed to impair or limit in any way the power of the
city
to define and declare nuisances and to cause their removal or
abatement by summary proceedings or otherwise or to exercise
those powers granted specifically by K.S.A. 12-1750:1756f.
2-307. REMOVAL OF ABANDONED MOTOR VEHICLES. The provisions of
K. S. A. 8-1101 and K. S. A. 8-1102 are incorporated by reference
with relation to the removal of abandoned vehicles, providing for the
removal thereof, notice, sale of property and disposition of funds.
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2-308. REMOVAL OF INOPERABLE MOTOR VEHICLES.
(a) Definitions. The following words shall have the indicated
meanings in this chapter.
(1) 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.
(2) Vehicle means any automobile, truck, tractor, aircraft, or
motorcycle or other motorized vehicle, which, as originally built,
contained an engine or designed to contain an engine, regardless of
whether it contains an engine at any time.
(b) Prohibition. Except as provided in Sections 2-308 (c) and 2-
308 (d), it shall be unlawful for any person, partnership, corporation, or
their agent either as owner, lessee, tenant, or occupant of any lot of
land within the city to park, store or deposit, or permit to be parked,
stored, or deposited thereon, an inoperable vehicle unless it is
enclosed in a garage or other buildings.
(c) Temporarily Disabled Vehicles. The provisions of section 2-
308(b) shall not apply at any person, partnership or corporation or
their agent with one (1) vehicle inoperable for a period of thirty (30)
consecutive days or less.
(d) Screening. The provisions of Section 2-308(b) shall not apply
to any person, firm, corporation or their agent who is 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 using
the streets and sidewalks and to prohibit ready access to such
vehicles by children; provided, however, that nothing in this section
shall authorize the maintenance of a public nuisance.
(e) Presumptions. Any one of the following conditions shall raise
the presumption that a vehicle is inoperable:
(1) Absence of an effective registration plate upon such vehicle.
(2) Placement of the vehicle or parts thereof, upon jacks,
blocks, chains or other support.
(3) Absence of one (1) or more parts of the vehicle necessary
for the lawful operation of the vehicle upon the streets and highways.
(f) Procedure. Whenever an informal complaint is made to the
enforcing officer or his or her duly authorized agent, or they become
aware of the existence of a violation of the city removal of abandoned
motor vehicles law, the enforcing officer shall cause a written notice to
be served upon the person in possession of the vehicle or the owner
of the real property upon which such inoperable vehicle is located.
Such notice shall inform such person or persons of the violation and
direct that they comply with the provisions of the city removal of
abandoned motor vehicles law within ten (10) days following mailing of
the notice or prosecution will be commenced for violation thereof.
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In the event the owner of such inoperable vehicle cannot be found,
and the owner of the real property upon which such vehicle is located
is a nonresident of Dickinson County, the enforcing officer shall have
the authority to enter upon such property and cause the vehicle to be
removed. All costs incurred shall be assessed against the property
upon which the vehicle was located.
2-309. WEEDS TO BE REMOVED. It shall be unlawful for any
owner, agent, lessee, tenant, or other person occupying or having
charged 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.
2-310. DEFINITIONS.
(a) Calendar Year as used herein, means that period of time
beginning January 1 and ending December 31 of the same year.
(b) Weeds as used herein, means any of the following:
(1) Brush and woody vines shall be classified as weeds
(2) Grasses and comparable vegetation may attain such large
growth as to become, when dry, a fire menace to adjacent improved
property;
(3) Grasses and comparable vegetation which bear or may
bear seeds of a downy or wingy nature;
(4) Grasses and comparable vegetation which are located in an
area which harbors rats, insects, animals, reptiles, or any other
creature which either may or does constitute a menace to health,
public safety or welfare;
(5) Grasses and comparable vegetation on or about residential
property which, because of its height, has a blighting influence on the
neighborhood. Any such grasses and comparable vegetation shall be
presumed to be blighting if they exceed 12 inches in height.
2-311. OFFICER; NOTICE TO REMOVE. The City Manager shall designate
a public officer to be charged with the administration and enforcement
of the city weed control law. The public officer or an authorized
assistant shall notify in writing the owner, occupant or agent in charge
of any premises in the city upon which weeds exist in violation of the
city weed control law, by mail or by personal service, once per
calendar year. Such notice shall include the following:
(a) That the owner, occupant, or agent in charge of the property is
in violation of the city weed control law.
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(b) That the owner, occupant, or agent in charge of the property is
ordered to cut the weeds within ten days (10) days of the receipt of
notice.
(c) That the owner, occupant, or agent in charge of the property
may request a hearing before the governing body or its designated
representative within five (5) days of the receipt of notice.
(d) That if the owner, occupant or agent in charge of the property
does not cut the weeds, the city or authorized agent will cut the weeds
and assess the cost of the cutting, including a reasonable
administrative fee, against the owner, occupant, or agent in charge of
the property.
(e) That the owner, occupant or agent in charge of the property will
be given an opportunity to pay the assessment, and if it is not paid, it
will be added to the property tax as a special assessment.
(f) That no further notice shall be given prior to removal of weeds
during the current calendar year.
(g) That the public officer should be contacted if there are any
questions regarding the order.
(h) 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 the title to such property is provided
notice as required by this section.
2-312. ABATEMENT; ASSESSMENT OF COSTS.
(a) Upon the expiration of ten (10) days after receipt of the notice
required by Section 2-311, and in the event that the owner, occupant
or agent in charge of the premises shall neglect or fail to comply with
the requirements of section 2-309, the public officer or an authorized
assistant shall cause to be cut, destroyed, and/or removed all such
weeds and abate the nuisance created thereby at any time during the
current calendar year.
(b) The public officer or an authorized assistant shall give notice to
the owner, occupant or agent in charge of such property by restricted
mail of the costs of abatement of the nuisance. The notice shall state
that payment of the cost is due and payable within thirty (30) days
following receipt of the notice. The assessed costs shall be
calculated and follow the following hourly schedule:
$100.00 per hour for the first year the property if mowed by the City
$200.00 per hour for the second year the property is mowed by the City
$400.00 per hour for the third year the property is mowed by the City
$800.00 per hour for the fourth and subsequent years the property is mowed
by the City.
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This schedule shall be applied on the noted graduated schedule
unless three years elapse between the years in which the City is
required to abate the nuisance. Should three years elapse, the
nuisance shall be treated as a first year occurrence for purposes of
cost assessment and the schedule shall be applied accordingly.
(c) If the costs of removal or abatement remain unpaid after thirty
(30) days following receipt of notice, a record of the cost of cutting and
destruction and/or removal shall be certified to the city clerk who shall
cause such costs to be assessed against the particular lot or piece of
land on which such weeds were so removed, and against such lots or
pieces of land in front of or abutting on such street or alley on which
such weeds were so removed. The city clerk shall certify assessment
to the county clerk at the time other special assessments are certified
for spreading on the tax rolls of the county.
2-313. RIGHT OF ENTRY. The public officer, and the public officers
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 the city
weed control law.
2-314. UNLAWFUL INTERFERENCE. It shall be unlawful for any
person to interfere with or to attempt to prevent the public officer or the
public officer’s authorized representative from entering upon any such
lot or piece of ground or from proceeding with such cutting and
destruction. Such interference shall constitute a violation of the city
weed control law.
2-315. NOXIOUS WEEDS.
(a) Nothing in the city weed control law shall affect or impair the
rights of the city under the provisions of Chapter 2, Article 13 of the
Kansas Statute Annotated, related to the control and eradication of
certain noxious weeds.
(b) For the purpose of this section, 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).
2-316. VIOLATION. No person, firm, partnership or corporation shall cause
or permit any nuisance or other condition described in this article to
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exist upon property owned or under the control of said person, firm,
partnership or corporation.
2-317. OFFICER, NOTICE TO REMOVE.
(a) That the owner, occupant, or agent in charge of the property is
in violation of the city weed control law and a detailed description of
premises depicting the current condition of the premises shall
accompany this notice.
(b) That the owner, occupant, or agent in charge of the property is
ordered to cut the weeds with five (5) days of the receipt of notice.
2-318. PENALTY. Any person, firm, partnership or corporation violating
provisions of this Article, after notification, shall pay a fine of ten ($10)
dollars per day up to a maximum of five hundred dollars per
occurrence, or may appear before the Municipal Court of Herington,
Kansas. The daily fine shall accrue until the nuisance is fully abated
and confirmed by the authorized representative who shall promptly
confirm abatement upon request of the responsible party relating to
the subject property. In the event the City abates the nuisance,
consistent with the provisions of the Article, all fines and attendant
costs of abatement incurred by the City shall be placed as a lien
against the subject property.
CHAPTER III. LICENSES AND BUSINESS REGULATIONS
Article 1. Cereal Malt Beverage Retailers
Article 2. Alcohol Liquor Retailers
Article 3. Retail Liquor Sales For Consumption Off Premises
Article 4. Solicitors and Peddlers
Article 5. Sexually Orientated Business Regulations
____________
ARTICLE 1. CEREAL MALT BEVERAGE RETAILERS
3-101. 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.
3-102. APPLICATION. Any person desiring a license shall make an
application to the governing body of the city and accompany the
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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 business for which the license is desired;
(e) A statement that the applicant is a citizen of the United States
and not less than twenty – one (21) years of age and that he or she
has not within two (2) 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 health code and/or ordinances of the city.
(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 fire code and/or ordinances of the city. 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 (1) copy of such
application shall immediately be transmitted to the Chief of Police 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 ordinance. The
chief shall report to the City Clerk not later than five (5) 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.
3-103. LICENSE APPLICATION PROCEDURES.
(a) All applications for a new or renewed cereal malt beverage
license shall be submitted to the City Clerk at least ten (10) days in
advance of the governing body meeting at which they will be
considered.
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(b) The City Clerk shall notify the holder of an existing license thirty
(30) days in advance of its expiration.
(c) The City Clerk shall provide copies of all applications to the
police department, to the fire department, and to the health
department, when they are received. The police department shall run
a records check on all applicants and the fire department and health
department will inspect the premises in accordance with the city fire
codes and/or ordinances. The departments will then recommend
approval, or disapproval, of applications within five (5) working days of
the department’s receipt of the application.
(d) The governing body will not consider any application for a new
or renewed license that has not been submitted ten (10) days in
advance and been reviewed by the above city departments.
(e) An applicant who does not hold a cereal malt beverage license
in the city shall attend the governing body meeting when the
application for a new license will be considered.
3-104 LICENSE GRANTED; DENIED.
(a) The journal of the governing body meeting 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 the application.
3-105. LICENSE TO BE POSTED. Each license shall be posted in a
conspicuous place in the place of business for which the license is
issued.
3-106. 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 (1) year immediately preceding
application and a resident of Dickinson County at the time of 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 (2) years immediately preceding the
date of 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 that influence of intoxicating
liquor or the violation of any other intoxicating liquor law of any state or
of the United States.
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(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 twenty-five percent
(25%) of the stock of such corporation would be ineligible to receive a
license hereunder for any reason other than non-residence within the
city or county.
(g) A corporation, if any manager, officer or director thereof,
or any stockholder owning in the aggregate more than twenty-
five percent (25%) percent of the stock of such corporation, has
been an officer, manager or director, or a stockholder owning in
the aggregate more then twenty-five percent (25%) of the stock,
of a corporation which; (1) has had a retailer’s license revoked
under K. S. A. 41-2708 and amendments thereto; or (2) 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 than this Subsection (i)
shall not apply in determining eligibility for a renewal license.
3-107. RESTRICTION UPON LOCATION. 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.
3-108. LICENSE FEE. The license fees shall be as follows:
(a) General Retailer. For each place of business selling cereal
malt beverages at retail for consumption on the premises, one
hundred dollars ($100.00) per calendar year.
(b) Limited Retailer. For each place of business selling only at
retail cereal malt beverages in the original and unopened containers
and not for consumption on the premises, fifty dollars ($50.00) per
calendar year.
The 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 for the remainder
of the calendar year in which the license is issued.
(c) Temporary Retailer. For each place of business selling cereal
malt beverage at retail for consumption on the premises for a
temporary period not exceeding one (1) day, and on not more than
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four (4) occasions per calendar year, twenty-five dollars ($25.00) per
day.
(d) For each Cereal Malt Beverage License issued, a twenty-five
dollar ($25.00) fee shall be collected and forwarded to the Kansas
Department of Revenue. This is in addition to the license fee.
3-109. SUSPENSION OF LICENSE. The Chief of Police, upon five (5) days’
written notice, shall have the authority to suspend such license for a
period not to exceed thirty (30) days, for any violation of the provisions
of this chapter or other laws pertaining to cereal malt beverages,
which violation does not in his or her judgment justify a
recommendation of revocation. The licensee may appeal such order
of suspension to the governing body within seven (7) days from the
date of such order.
3-110. LICENSE SUSPENSION/REVOCATION BY GOVERNING BODY. The
governing body, upon, five (5) days’ written notice to a person holding
a license to sell cereal malt beverages, may permanently revoke or
cause to be suspended such license for a period of not more than
thirty (30) days for any of the following reason:
(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 the
legal age for consumption;
(e) For permitting any gambling in or upon any premises licensed
under this article;
(f) For permitting any person to mix drinks with materials
purchased in any premises licensed under this article or brought into
the premises for this purpose;
(g) For the employment of any person under the age established
by the State of Kansas for employment involving dispensing cereal
malt beverages;
(h) For the employment of persons adjudged guilty of a felony or of
a violation of any law relating to intoxicating liquor;
(i) For the sale or possession of, or for permitting the use or
consumption of alcoholic liquor within or upon any premise licensed
under this article;
(j) The nonpayment of any license fees;
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(k) If the licensee has become ineligible to obtain a license under
any alcoholic liquor, private club, or drinking establishment ordinance
of the city;
(l) The provisions of subsections (f) and (i) shall not apply if such
place of business is also currently licensed as a private club.
3-111. SAME; APPEAL. The licensee, within twenty (20) days after the order
of the governing body revoking any license, may appeal to the District
Court of Dickinson County and the district court shall proceed to hear
such appeal as though such court had original jurisdiction in the
matter. Any appeal taken under this section shall not suspend the
order of revocation of the license of any licensee, nor shall any new
license be issued to such person or any person acting for or on his or
her behalf, for a period of six (6) months thereafter.
3-112. 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 fifty dollars ($50.00) or
one hundred dollars ($100.00). If the application is in proper form and
the location is not in a prohibited zone and all other requirements
relating to such place of business are met, a new license shall be
issued for the new location for the balance of the year for which a
current license is held by the licensee.
3-113. WHOLESALERS AND/OR DISTRIBUTORS. It shall be unlawful for
any wholesaler and/or distributor, his, her or its agent 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
State of Kansas authorizing such sales.
3-114. 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 12:00
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midnight and 6:00 a. m., or on Sunday, except in a place of business
which is licensed to sell cereal malt beverages for consumption on the
premises, which derives not less than thirty percent (30%) of its gross
receipts from the sale of food for consumption on the licensed
premises. The sale at retail of cereal malt beverage in the original
package is allowed within the city on Sunday, except Easter, between
the hours of 12:00 noon and 8:00 pm. Closing hours for clubs shall
conform to K. S. A. 41-2614 and may amendments thereto.
(d) Cereal malt beverages may be sold at any time alcoholic liquor
is allowed by law to be served on the premises which are licensed
pursuant to K. S. A. 41-2701 et seq., and licensed as a club by the
State of Kansas.
(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 of Kansas 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 employees of the licensee shall sell or
permit the sale of cereal malt beverage to any person under the legal
age for consumption.
(i) No licensee or agent or employee of the licensee shall permit
any gambling in the place of business for which such license has been
issued.
(j) No licensee or agent or employee of the licensee shall permit
any person to mix alcoholic drinks with materials purchased in said
place of business or brought in for such purpose.
(k) No licensee shall employ any person who has been judged
guilty of a felony.
3-115. SANITARY CONDITIONS REQUIRED. All parts of the licensed
premises including furnishings and equipment shall be kept clean and
in sanitary condition, free from flies, rodents and vermin at all
times. The licensed premises shall have at least one (1) restroom for
each sex easily accessible at all times to its patrons and employees.
The restroom shall be equipped with at least one (1) 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
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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.
3-116. MINORS ON PREMISES.
(a) It shall be unlawful for any person under twenty-one (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 twenty-one (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 then fifty percent (50%) of its gross
receipts in each calendar year from the sale of cereal malt beverages
for on-premises consumption.
ARTICLE 2. ALCOHOL LIQUOR RETAILERS
3-201. DEFINITIONS.
(a) Alcoholic Liquor means alcohol, spirits, wine, beer and every
liquid or solid, patented or not, containing alcohol, wine, spirits or beer
and capable of being consumed as a beverage by a human being, but
shall not include any cereal malt beverage.
(b) 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.
(c) Cereal malt beverage means any fermented but un-distilled
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, then
three and two tenths percent (3.2%) alcohol by weight.
(d) Class A Club means a premises which is owned or leased by a
corporation, partnership, business trust or association and which is
operated thereby as a bona fide nonprofit social, fraternal or war
veterans’ club, as determined by the State of Kansas, for the exclusive
use of the corporate stockholders, partners, trust beneficiaries or
associates (hereinafter referred to as members), and their families and
guest accompanying them.
(e) Class B Club means a premise operated for profit by a
corporation partnership or individual, to which members of such club
may resort for the consumption of food or alcoholic beverages and for
entertainment.
(f) Club means a Class A or Class B Club.
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(g) Drinking Establishment means premises, which may be open to
the general public, where alcoholic liquor by the individual drink is
sold.
(h) Temporary permit means a permit, issued in accordance with
the laws of the State of Kansas, which allows the permit holder to offer
the sale, sell and serve alcoholic liquor for consumption on unlicensed
premises, open to the public.
3-202. RESTRICTION ON LOCATION. 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 the other
city laws, including building and health codes.
3-203. MINORS ON PREMISES.
(a) It shall be unlawful for any person under the age of twenty-one
(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 twenty-one (21)
years to remain on the premises.
(c) This section shall not apply if the person under the age of
twenty-one (21) years of age is accompanied by his or her parent or
guardian, or if the licensed or permitted premise derives not less than
thirty percent (30%) of its gross receipts in each calendar year from
the sales of food and nonalcoholic beverages on such premises.
3-204. 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 the following property:
Community Building, Hilltop Community Center, and all common
areas in and around the Herington Lake and Herington Reservoir
except the beach and swimming area as posted
3-205. DRINKING ESTABLISHMENT 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.
3-206. DRINKING ESTABLISHMENT LICENSE FEE.
(a) There is hereby levied an annual license fee in the amount of
two hundred fifty dollars ($250.00) on each drinking establishment
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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 site license and within
five (5) 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.
3-207. DRINKING ESTABLISHMENT 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 twenty-one (21) years of
age.
3-208. PRIVATE CLUB 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 form the City Clerk.
3-209. PRIVATE CLUB 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 (5) days after any renewal of a state license. The city license fee
for Class A Club shall be two hundred fifty dollars ($250.00) and the
city license fee for a Class B club shall be two hundred fifty dollars
($250.00).
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(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 club license to be placed in
plain view next to or below the state license in a conspicuous place on
the licensed premises.
3-210. PRIVATE CLUB 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 twenty-
one (21) years of age, nor shall alcoholic beverages or cereal malt
beverages be given, sold or traded to any person under twenty-one
(21) years of age.
3-211. CATERER’S 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.
3-212. CATERER’S LICENSE FEE.
(a) There is hereby levied an annual license fee in the amount of
two hundred fifty dollars ($250.00) 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 (5) 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 other 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.
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(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.
3-213. CATERER’S BUSINESS REGULATIONS.
(a) No caterer licensed here-under shall allow the serving, mixing
or consumption of alcohol 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 twenty-one (21) years of
age.
3-214. CATERER’S 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 a written notice to the Chief of Police at least
five (5) 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.
3-215. 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
form the City Clerk.
3-216. PERMIT FEE.
(a) There is hereby levied a temporary permit fee in the amount of
twenty-five dollars ($25.00) 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.
3-217. 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 five (5) 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;
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(4) the date and time of the event;
(5) any anticipated need for he police, fire or other municipal
services.
(b) Upon presentation of a state temporary permit, payment of the
city’s temporary permit fee and 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 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.
3-218. 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 twenty-one (21) years of age.
3-219. PENALTY. If the licensee or permit holder has violated any of the
provisions of this article, the governing body of the city, upon five (5)
days’ written notice to a person holding a license or permit to sell
alcoholic liquor, may permanently revoke or cause to be suspended
for a period of not more than thirty (30) days such license or permit
and the individual holding the license or permit may be charged in
municipal court with a violation of the alcoholic liquor laws of the city
and upon conviction shall be punished by:
(a) A fine of not more than four hundred ninety-nine dollars
($499.00); or,
(b) Imprisonment in jail for not more than one hundred seventy-
nine (179) days: or,
(c) Both such fine and imprisonment not to exceed (a) and (b)
above.
ARTICLE 3. RETAIL LIQUOR SALES FOR CONSUMPTION OFF PREMISES
3-301. LICENSE. No person, firm or corporation shall conduct or pursue in
this city the business of manufacturing alcoholic liquors, distributing of
alcoholic liquors, package or retailing of alcoholic liquors including
beer containing more than three and two-tenths percent (3.2%)
alcohol by weight for consumption off premises without first procuring
from the City Clerk a license therefor.
3-302. FEE. The license fee shall be in the following amounts:
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(a) For the distribution of alcoholic liquors, including beer
containing more than three and two-tenths percent (3.2%) alcohol by
weight…………$100.00
(b) For retailers of alcoholic liquors, including beer containing more
than three and two-tenths percent (3.2%) of alcohol by
weight……………..$200.00
3-303. TERM. The license shall be for one (1) year period commencing and
ending with the period covered by the state license.
3-304. LIMITATIONS. None of the provisions of this article shall authorize
any person, firm or corporation to engage in the manufacture,
distribution or retailing of alcoholic liquors including beer containing
more than three and two-tenths percent (3.2%) of alcohol by weight, in
the city without having first procured from the State of Kansas a
license to engage in the business which license must be presented to
the City Clerk of the city at the time the license fee herein provided for
is paid: Provided, that the license shall be paid before business is
begun under an original state license and within ten (10) days after
any renewal of state license.
3-305. TRANSFER. The license shall not be transferable between parties but
can be transferred from one location in the city to another: Provided,
that in the event of the surrender of a license to the State of Kansas
the occupation tax shall be rebated in the same proportion as the state
license tax shall be rebated by the State of Kansas.
3-306. SUNDAY SALES. The sale at retail of alcoholic liquor in the original
package is allowed within the city on any Sunday, except Easter,
between the hours of 12:00 noon and 8:00 pm, and on Memorial Day,
Independence Day, and Labor Day.
3-307. PENALTY. Any person, firm or corporation who shall conduct or
pursue in the limits of this city any of the occupations hereinbefore
referred to and who shall have failed to obtain the license as
hereinbefore set forth shall be deemed to do so unlawfully and shall
upon conviction thereof be fined not to exceed five hundred dollars
($500.00).
ARTICLE 4. SOLICITORS AND PEDDLERS
3-401. DEFINITION. The terms “solicitor” or “peddler” shall be construed to
mean any individual, whether a resident of the city or not whose
business or trade is mainly or principally by traveling either by foot,
automobile, or by any other type of conveyance, from place to place or
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from house to house, and entering without invitation upon private
residential property to sell, take or attempt to take orders of sale of
goods, wares and merchandise, personal property of any nature
whatsoever, or for services to be furnished or performed provided that
this definition shall not include any person or persons representing
any recognized charitable, education or eleemosynary institution or
organization having representatives in the city.
3-402. APPLICATION. Any solicitor or peddler, as defined in 3-401, shall be
entitled to a solicitor’s or peddler’s license upon proper
application to the City Clerk with satisfactory evidence of the nature of
his agency, relation to or connection with the person, firm, company or
corporation represented or served, the nature, kind or character of
such service, business or enterprise, the character and reputation of
such person for business integrity and responsibility in the
performance of contracts for delivery of goods and merchandise or
performance of services solicited, and such other information as may
be required by 3-403. All such licenses shall expire on June 30 and
December 31, respectively, after their issuance.
3-403. CONTENT OF APPLICATION FORM. Before the issuance of any
license authorized by this article, the City Clerk shall be satisfied that
the applicant therefor is qualified under this article to receive such
license. The City Clerk may require a sworn applications in writing
prepared in duplicate on a form to be supplied by the City Clerk which
shall, among other things, give the following information:
(a) Name and description of applicant;
(b) Permanent home address and full local address of applicant;
(c) 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 said business;
(d) If employed, the name and address of the employer, together
with credentials establishing such relationship;
(e) The length of time which business is proposed to be
carried on;
(f) 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;
(g) A photograph of the applicant, taken within ninety (90) days
prior to the date of making application, which picture shall be at least
(2) inches by two (2) inches showing the head and shoulders of the
applicant, in a clear and distinguishing manner; or in lieu thereof, the
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fingerprints of said applicant may be taken by the Chief of Police and
filed with the application;
(h) The names of at least two (2) reliable owners of the property in
the County of Dickinson, who will certify to the applicant’s good
character and business responsibility of the applicant as will enable
the city officers to evaluate properly his character and responsibility;
(i) A statement as to whether or not the applicant has been
convicted of any crime, misdemeanor or violation of any city
ordinance, giving the nature of the offenses, the punishment assessed
therefor, if any, and the city and state where conviction occurred.
3-404. APPLICATION FEE. At the time of the filing the application, a license
fee of twenty-five dollars ($25.00) shall be paid to the City Clerk.
3-405. INVESTIGATION. Upon receipt of the above application, 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 (5) days.
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
findings and endorse his disapproval of the application and his
reasons for the same, and shall return the application to the City
Clerk, who then shall notify the applicant that his application is
disapproved and that no license will be issued.
If, however, the investigation of such application discloses that the
character and business responsibility and the facts stated in his
application are satisfactory and true, the Chief of Police shall endorse
his findings and approval on the application and return the same to the
City Clerk, who shall immediately issue a license to the applicant to
engage in the business described in the application. Such license
shall be in such form as required by ordinance and shall show the
name and address of said licensee, the kind of goods to be sold or
services rendered, the date of issuance and the length of time the
license shall be operative.
3-406. TIME RESTRICTIONS. It shall be unlawful for any person, firm,
partnership, or corporation to conduct or operate a business of
peddling or soliciting between the hours of 8:00 P.M. and 10:00 A. M.
3-407. SUSPENSION. Upon complaint and evidence of good cause, the City
Manager is authorized to suspend any license, issued under the
provisions of this article, until the next meeting of the governing body
and the governing body upon a hearing of the matter, with notice to the
licensee and affording him an opportunity to be heard, may
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permanently revoke or cancel such license or terminate the
suspension and order a return of the license; provided that good
cause, as used herein, shall mean to include any reason for which a
license could be refused by the City Clerk in the case of an original
application and any act of said licensee contrary to the health, morals,
safety or welfare of inhabitants of the city or any act in connection with
the business or trade which is unlawful, irregular or fraudulent in
nature; provided further that conviction of the licensee by the Municipal
Court of the city in any case involving a violation of any ordinance of
the city relating to or regulating any business,
trade, calling or profession carried on or pursued in the city shall ipso
facto revoke any license granted hereunder.
3-408. PENALTY. Any person who shall canvass or solicit in the city contrary
to the provisions of this article, or who shall refuse to surrender the
license after the same shall have been suspended, revoked or
cancelled, or who shall canvass or solicit in the city after his or her
license shall have been suspended, revoked or cancelled, shall upon
conviction thereof, be fined in any sum not exceeding one hundred
dollars ($100.00), or be imprisoned not to exceed thirty (30) days, or
be both so fined and imprisoned.
ARTICLE 5. SEXUALLY ORIENTED BUSINESS REGULATIONS
3-501. DEFINITIONS. For the purpose of this Ordinance, and unless the
context otherwise requires, the following words, terms and phrases
shall be defined as follows:
(a) Adult Arcade means any place to which the public is permitted
or invited wherein coin-operated or slug-operated or electronically,
electrically or mechanically controlled still or motion picture machines,
projectors or other image-producing devices are maintained to show
images to five or fewer persons per machine at any one time, and
where the images so displayed are distinguished or characterized by
the depicting or describing of specified sexual activities or specified
anatomical areas.
(b) Adult Bookstore, Adult Novelty Store, or Adult Video Store
means a commercial establishment which has a significant or
substantial portion of its stock-in-trade or derives a significant or
substantial portion of its revenues or devotes a significant or
substantial portion of its interior business or advertising, or maintains a
substantial section of its sales or display space for the sale or rental,
for any form of consideration, of any one or more of the following:
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(1) Books, magazines, periodicals or other printed matter, or
photographs, films, motion pictures, video cassettes, compact discs,
slides or other visual representations which are characterized by their
emphasis upon the exhibition or display of specified sexual activities or
specified anatomical areas;
(2) Instruments, devices or paraphernalia which are marketed or
designed for use primarily for stimulation of human genital organs or
for sadomasochistic use or abuse of a person or persons.
(c) Adult Cabaret means a nightclub, bar, restaurant or similar
commercial establishment which regularly features:
(1) Persons who appear in a state of nudity; or
(2) Live performances which are characterized by the exposure
of specified anatomical areas or by specified sexual activities; or
(3) Films, motion pictures, videocassettes, compact discs, slides
or other photographic reproductions which are characterized by the
depiction or description of specified sexual activities of specified
anatomical areas.
(d) Adult Motel means a hotel, motel or similar commercial
establishment which offers accommodations to the public for any form
of consideration; provides patrons with closed-circuit television
transmissions, firms, motion pictures, video cassettes, compact discs,
slides or other photographic reproductions which are characterized by
the exhibition or display of specified sexual activities or specified
anatomical areas; and has a sign visible from the public right-of-way
which advertises the availability of this adult type of photographic
reproductions; and either
(1) Offers a sleeping room for rent for a period of time that is
less than 10 hours; or
(2) Allows a tenant or occupant of a sleeping room to sub-rent
the room for a period of time that is less than 10 hours.
(e) Adult Motion Picture Theater means a commercial
establishment where, for any form of consideration, films, motion
pictures, video cassettes, compact discs, slides or similar
photographic reproductions are regularly shown which are
characterized by the depiction or description of specified sexual
activities or specified anatomical areas.
(f) Adult theater means a theater, concert hall, auditorium or similar
commercial establishment which regularly features persons who
appear in a state of nudity, or live performances which are
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characterized by the exposure of specified anatomical areas or by
specified sexual activities.
(g) Employee means an individual working or performing services
for any sexually oriented business, including any independent
contractor who provides services on behalf of any sexually oriented
business to the patrons of such business.
(h) Establish means and includes any of the following:
(1) The opening or commencement of any sexually oriented
business as a new business;
(2) The conversion of an existing business, whether or not a
sexually oriented
(3) The addition of any sexually oriented business to any other
existing sexually oriented business, to any sexually oriented
business;
(4) The relocation of any sexually oriented business.
(i) Licensee means a person in whose name a license to operate a
sexually oriented business has been issued, as well as the individual
or individuals listed as an applicant on the application for the sexually
oriented business license.
(j) Nudity or a state of nudity means the appearance of the human
male or female genitals, pubic area, vulva, anus or anal cleft with less
than a fully opaque covering; the showing of the female breast with
less than a fully opaque covering of any part of the female breast
below a horizontal line across the top of the areola at its highest point,
or the showing of the covered male genitals in the discernibly turgid
state.
(k) Operate or cause to be operated means to cause to function or
to put or keep in a state of doing business. A person may be found to
be operating or causing to be operated a sexually oriented business
whether or not that person is an owner, part owner or licensee of the
business.
(l) Operator means any person on the premises of a sexually
oriented business who is authorized to exercise operational control of
the business, or who causes to function or who puts or keeps in
operation the business. A person may be found to be an operator of
sexually oriented business whether or not that person is an owner,
part owner or license of the business.
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(m) Person means an individual, proprietorship, general or limited
partnership, corporation, Limited Liability Company, association or
other legal entity.
(n) Sexually oriented business means an Adult Arcade, Adult
Bookstore, Adult Cabaret, Adult Motel or any combination of such
businesses.
(o) Specified anatomical areas means:
(1) The human male genitals in a discernibly turgid state, even if
completely and opaquely covered;
(2) The appearance of the anus, the cleft of the buttocks, the
male or female genitals, or the female breast below a horizontal line
across the top of the areola at its highest point; or
(3) A state of dress which fails to opaquely cover the anus, the
cleft of the buttocks, the male or female genitals, or a female breast
below a horizontal line across the top of the areola at its highest
point.
(p) Specified sexual activities means and includes any of the
following:
(1) The fondling or other erotic touching of human genitals,
pubic region, buttocks, anus or female breasts;
(2) Sex acts, normal or perverted, actual or simulated, including
intercourse, oral copulation, masturbation or sodomy; (3)
Excretory functions as part of or in connection with any activities set
forth in (1) through (2) above.
3-502. LICENSE REQUIRED; EXCEPTION.
(a) Except as otherwise provided below, it shall be unlawful for any
person to establish, to operate, to be an operator of, or to cause to be
operated any sexually oriented business in the City of Herington,
Kansas, without a valid license issued by the City therefore.
(b) Any person desiring to obtain a license shall file an application
with the City Clerk. Such application shall include the following:
(1) The name and address of the applicant for the license. If the
applicant is a corporation, LLC or partnership all stockholders,
members or partners names and addresses must be provided;
(2) The name and address of each person associated with or
employed by such business as manager or operator of such business;
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(3) The address and location of such business;
(4) The name and address of the owner of the property where
such business is located; and
(5) An identification in detail of all sexually oriented business
activities being conducted at such location and, if conducted in relation
to other business activities for which licensure is not required under
this Ordinance, an identification of the portion of portions within such
location where such sexually oriented business activities are
conducted.
(c) The applicant shall permit the inspection of such location and
all portions therein in which such business activities are to be
conducted upon not less than five (5) days advance notice by the
City Manager. The City Manager shall cause such inspection to be
conducted by such representatives of the City as the City Manager
shall deem appropriate, with the purpose of the inspection being to
determine the accuracy of the information contained in the application.
(d) Upon notice and a hearing, any license issued under the
authority of this Section may be revoked by the Governing Body upon
any one of the following findings being made: that any information
submitted as to the application therefore was materially false; that
sexually oriented business activities have been conducted beyond the
scope of the license or beyond the confines of the premises or portion
of the premises to which the license applies; or that illegal activity has
been conducted or permitted to be conducted in relation to the
permitted sexually oriented business activities.
(e) It shall be unlawful for any person to expand the scope or
change the character or location of any sexually oriented business
activities beyond that permitted in any license issued under the
authority of this Section.
3-503. LICENSE FEES. The sexually oriented business license fees shall be
as follows:
(a) The annual license fee for each place of business shall be two
hundred fifty dollars ($250.00)
The 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 for the remainder
of the calendar year in which the license is issued.
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3-504. PROCEDURE. An application for a new or renewed sexually
oriented business license shall be submitted to the City Clerk at least
ten (10) days in advance of the Governing Body meeting at which the
application will be considered. The Governing Body shall not consider
any application for a new or renewed license that has not been
submitted ten (10) days in advance and been reviewed by the
appropriate city departments. The City Clerk shall notify the holder of
an existing license thirty (30) days in advance of its expiration. An
applicant shall attend the Governing Body meeting when the
application for a new license will be considered. The application shall
be scheduled for consideration by the Governing Body at the earliest
meeting consistent with the application and investigation
requirements.
3-505. LICENSE DISQUALIFICATION. No sexually oriented business
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 (1) year immediately preceding application,
and a resident of Dickinson County for at least six (6) 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.
(d) A Person who within two years immediately preceding the date
of application, has been convicted of a felony or any crime involving
moral turpitude, or has been adjudged guilty of drunkenness, 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 twenty-five percent
(25%) of the stock of such corporation would be ineligible to receive a
license hereunder for any reason other than non-residence within the
city or county.
(g) A corporation, if any manager, officer or director there of, or any
stockholder owning the aggregate more than twenty-five (25%) of the
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stock of such corporation, has been an officer, manager or director, or
a stockholder owning in the aggregate more than twenty-five percent
(25%) of the stock, of a corporation which has had a retailer’s license
revoked under K.S.A 41-2708 and amendments thereto, or 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 shall
not apply in determining eligibility for a renewal license.
3-506. DETERMINATION. The Governing Body shall determine whether
the application is granted or denied and such decision shall be
recorded in the minutes of the meeting. If the license is granted, the
City Clerk shall issue the license, which shall show the name of the
licensee and the year for which the license is issued. If the license
shall be denied, the license fee shall be immediately returned to the
person who has made application.
3-507. BUSINESS REGULATIONS. It shall be the duty of every licensee
to observe the following regulations:
(a) The license issued by the city shall be posted in a
conspicuous place in the place of business for which the license is
issued.
(b) The place of business licensed and operating under this article
shall have front and rear exits unlocked during all times while open for
business.
(c) 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 inspection by public safety and health officers of the
city, county, and state.
(d) No license shall employ any person who has been adjudged
guilty of a felony.
3-508. MINORS ON PREMISES. It shall be unlawful for any person
under eighteen (18) years of age to enter or remain on any
premises licensed as a sexually oriented business.
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3-509. PENALTY. If a license or permit holder violates any of the
provisions of this article, the Governing Body, upon five (5) days
written notice to a person holding a license for a sexually oriented
business, may permanently revoke or suspend for a period of not
more than thirty (30) days such license. In addition, the person
holding the license may be charged in Municipal Court with a
violation of the laws of the city and, upon conviction, shall be
punished by a fine of not more than five hundred dollars ($500.00),
or by imprisonment in jail for not more than thirty (30) days, or both
such fine and imprisonment.
3-510. ADDITIONAL LICENSES. Any business required to have any
other state or city license such as a cereal malt beverage license or
drinking establishment license, shall be required to obtain and pay
for such license in addition to the license required in this ordinance.
Failure to obtain other required state or city licenses or to maintain
such licenses shall be grounds to revoke the sexually oriented
business license.
CHAPTER IV. PRIVATE PROPERTY
Article 1. Building Code
Article 2. Electrical Code
Article 3. Electricians
Article 4. Plumbing Code
Article 5. Plumbers
Article 6. Mechanical Code
Article 7. Building Relocation
Article 8. Building Demolition
Article 9. Fire Code
Article 10. Environmental Code
Article 11. Excavation Permits
_______________________________________
ARTICLE 1. BUILDING CODE
4-101. INTERNATIONAL BUILDING CODES INCORPORATED.
There is hereby incorporated by reference for the purpose of providing
minimum regulations for the construction, erection, remodeling,
alteration, repair, or expansion of any building or structure, the latest
known published standard codes known as the
“INTERNATIONAL BUILDING CODES, 2006 Edition,” and the
NFPA-101 and/or the latest edition being used by the City of
Herington including all Appendix Chapters hereby adopted and
published by the International Code Council, be and is hereby
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adopted as the Building Code of the City of Herington, in the
State of Kansas for regulating and governing the conditions and
maintenance of all property, buildings and structures; by
providing the standards for supplied utilities and facilities and
other physical things and conditions essential to ensure that
structures are safe, sanitary and fit for occupation and use; and
the condemnation of buildings and structures unfit for human
occupancy and use and the demolition of such structures as
herein provided; providing for the issuance of permits and
collection of fees therefore; and each and all of the regulation,
provisions, penalties, conditions and terms of said Building Code
on file in the office of the City of Herington are hereby referred to,
adopted, and made a part hereof, as if fully set out in this
ordinance, with the additions, insertions, deletions and changes,
if any by the City of Herington, including all appendices to each,
prepared and published in book form the by International Code
Council, Inc. Any errata officially published by the International Code
Council, Inc., shall become part of the International Building Code
and/or the International Residential Code when placed on file by the
administrative authority. If any conflict or discrepancy exists between
this article and the referenced International Building Code or the
International Residential Code, the provisions of this article shall rule.
Not less than three (3) copies of the latest known published
standard codes known as the “INTERNATIONAL BUILDING
CODES, 2006 Edition,” and/or the latest edition being used by the
City of Herington including all Appendix Chapters hereby
adopted and published by the International Code Council, shall be
marked or stamped “Official Copy as Incorporated by Reference by
the City of Herington, Kansas”, a copy of this ordinance shall be
attached and filed with the City Clerk to be open to inspection and
available to the public at all reasonable hours. All administrative
departments of the City charged with enforcement of the Code shall
be supplied, at the cost of the City, such number of official copies of
the Code similarly marked, deleted and changed as may be
expedient.
Any person violating any provisions of such Code shall be punished
as provided in Section 4-104 of this Code.
4-102. DELETIONS FROM INTERNATIONAL BUILDING CODES.
The following portions are deleted from the International Building
Codes as currently adopted:
(a) No such deletions are currently made.
4-103. AMENDMENTS TO INTERNATIONAL BUILDING CODES.
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(a) No building or structure shall be erected, enlarged, remodeled, or
moved within the City without a permit therefore from the City Clerk
who shall require a site plan and may require a plan of the proposed
work together with a statement of the estimated cost of materials and
labor to be used. Such permit shall be issued upon approval of the
building official and conditional upon the compliance of the provisions
of this article.
(b) For the purposes of this section, “remodeling” shall mean the
reconstruction or alteration of any portion of a structure in which
rooms are added, load bearing members are altered, or the alteration
affects the life safety of the occupants of the structure.
(c) If construction is not started within six (6) months from the date of
application, application shall be void and a new building application
shall be made to the City Clerk.
(d) The fees for building permits shall be five dollars ($5.00) for the
first one thousand dollars ($1,000.00) of project cost and an additional
two dollars ($2.00) for each additional one thousand dollars
($1,000.00) or fraction thereof.
(e) Upon sale or any change of current ownership, including changes
in any leasehold interests, all residences and commercial properties
within the city limits shall be subject to both a structural and
mechanical inspection by the City or qualified licensed mechanical
inspector prior to occupancy provided the structure meets minimum
code. An inspection form will be presented to the City of Herington
before permanent utilities are turned on, thus allowing for repairs and
no habitation of structure. An inspection fee of ten dollars ($10) at the
time of utility turn-on or transfer shall be required to cover minimal
costs.
4-104. PENALTY. Any person, firm or corporation violating any of the
provisions of this article shall, upon conviction thereof, be fined in any
sum not exceeding five hundred dollars ($500.00), or be imprisoned
not to exceed thirty (30) days, or be both so fined and imprisoned.
4-105. VALIDITY. The invalidity of any section of this article or the codes
incorporated herein shall not invalidate other sections or provisions
thereof.
ARTICLE 2. ELECTRICAL CODE
4-201. INTERNATIONAL ELECTRICAL CODE INCORPORATED BY
REFERENCE and the standard code known as the “National Electrical
Code”, (Latest Edition in City Possession) is hereby incorporated by
reference herein and made a part of this article, except such portions
as may hereafter be deleted or amended.
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4-202. ELECTRICAL INSPECTOR, QUALIFICATIONS. The City Manager
shall appoint an Electrical Inspector. The Electrical Inspector shall be
of good moral character and shall be experienced in electrical
construction and well versed in the rules and regulations of the
National Electrical Code. An Assistant Electrical Inspector may be
appointed if it is deemed necessary by the City Manager.
4-203. ELECTRICAL INSPECTOR, POWERS AND DUTIES.
The Electrical Inspector or the Assistant Electrical Inspector shall:
(a)Inspect all electrical light, heat and power wires, fixtures, appliances,
conductors and apparatus hereinafter installed in or upon any and all
buildings in the city.
(b) Enforce or cause to be enforced the provisions of this article and the National
Electrical Code and for that purpose shall have and is given special
police powers necessary therefor.
(c) Have the right, during reasonable hours, to enter into or upon any building,
structure or premises in the city, for the purpose of making inspection
of any electrical wires, installation or electrical apparatus to perform
the duties imposed upon him by this article.
(d) No electric light or power wires or equipment shall be covered or concealed
until it shall have been inspected and approved by the Electrical
Inspector. All plumbing, water, steam and gas pipes and furnace
stacks which are to be concealed shall be in place before electrical
wiring will be inspected. The Electrical Inspector shall have authority
to remove or cause to be removed any lath, plaster or other finish
which may interfere with the proper inspection thereof.
(e) The Electrical Inspector shall keep complete records of all permits issued,
inspections made and certificates issued and all other official work
performed under the provisions of this article.
(f) The Electrical Inspector shall decide all questions not provided for in this article,
pertaining to the installation or use of electrical wires, appliances and
apparatus.
(g) Any person feeling aggrieved at any decision of the Electrical Inspector shall
have the right to appeal from such finding to the City Manager, whose
decision shall be final.
4-204. PERMIT REQUIRED. Any person, firm or corporation desiring to do
any electrical work or to make any alteration or additions to any
existing wiring in, upon or attached to any building or structure in the
city shall make application in writing to the City Clerk for a permit,
provided that no permit shall be required for maintenance or minor
repairs.
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4-205. APPLICATION FOR PERMIT. Application for permits shall be made
on blanks furnished by the city and shall set forth in detail such work
to be done, class and location of building and the name of the owner.
4-206. QUALIFICATIONS FOR PERMIT. Permits shall be issued to licensed
electricians after they have filed the bond as required in Section 4-304
and paid the regular city license fee, provided that a permit may be
issued to any person for any electrical work to be performed
personally by such person upon any premises owned by him, except
in the electrical wiring of buildings constructed or remodeled for
purpose of sale or rent.
4-207. PERMIT: ISSUANCE. If the proposed work complies with the
provisions of this article, and the ordinances of the city, and the
applicant meets with all the qualifications as herein provided, the City
Clerk shall issue to such applicant a permit, reciting the location, type
of work to be done and the name of the owner of the premises.
4-208. COMPLETION OF WORK: NOTICE TO INSPECT. Upon the
completion of any work in which a permit has been issued under the
provisions of this article, it shall be the duty of the person installing the
same to notify the Electrical Inspector that the same is ready for his
inspection, after which such work shall be promptly inspected as
provided in this article.
4-209. INSPECTION. The Electrical Inspector or the Assistant Electrical
Inspector shall inspect all installations of electrical wiring, fixtures and
other equipment as required by this article within twenty-four (24)
hours, exclusive of Sundays and legal holidays, of the receipt of notice
that same is ready for inspection, and shall leave a suitable distinctive
marker, if the work has been approved.
4-210. INSPECTION FEES. No certificate of inspection shall be issued until
there shall have been paid to the City Clerk an inspection fee of
twenty dollars ($20.00) per hour.
4-211. NOTICE TO CHANGE, REARRANGE, REMOVE. If, upon inspection,
the Electrical Inspector shall find that such wiring, fixtures or other
equipment does not comply with the requirements of this article of the
National Electrical Code incorporated herein and is unsafe and
defective, the Electrical Inspector shall, in writing, notify the party or
parties doing such work of such defect and order him to change,
rearrange or remove the same within the time specified in the notice,
and if such party or parties fail or refuse so to do within the time
specified, such party or parties shall be deemed guilty of a violation of
the provisions of this article; and each and every day which shall
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elapse after the expiration of the fixed time in said notice without a
compliance with said order, shall be considered a separate offense.
4-212. CONDEMNING; CUTTING OFF CURRENT. The Electrical Inspector
shall have power and authority to condemn and cause the removal or
necessary repair of any electrical wiring, fixtures, appliances,
conductors, apparatus or supports in or upon any building, shop,
outhouse, shed or other structure within the city which may be
dangerous to life or property, and for that purpose is hereby given
authority to require the cutting off the electric supply to such property
until such repairs or changes are made.
4-213. PENALTY. Any person, firm or corporation violating any of the
provisions of this article shall, upon conviction thereof, be fined in any
sum not exceeding five hundred dollars ($500.00), or be imprisoned
not to exceed thirty (30) days, or be both so fined and imprisoned.
ARTICLE 3. ELECTRICIANS
4-301. ELECTRICIAN’S LICENSE REQUIRED. No person shall engage in or
work at the business of an electrician without obtaining a license
therefor in accordance with the provisions of this article, provided that
this shall not be construed to prohibit persons employed by licensed
electricians from performing such work under the supervision or at the
direction of the employer responsible for such work.
4-302. EXAMINATION AND CERTIFICATION. Any person desiring to
engage in or work at the business of an electrician, either as a Master
electrician or a Journeyman electrician in the City of Herington,
Kansas shall take the examination prepared by Prometric, 1260
Energy Lane, St. Paul, Minnesota 55108 or Prometric’s successor so
long as Prometric or any successor(s) are approved by the State of
Kansas consistent with the requirements of K.S.A. 12-1525. Any such
examination provided by Prometric or its successor(s) or any other
preparer approved by the State of Kansas shall be designated as the
standard examination for the certification and licensure of electricians
in the City of Herington, Kansas. Additionally, any other preparer
approved by the State of Kansas and in compliance with K.S.A. 12-
1525 may, from time to time by duly adopted resolution of the City of
Herington, Kansas may be designated as the standard examination
for the certification and licensure of electricians in the City of
Herington, Kansas. A minimum score of 70% on this examination is
required for the licensure for both the Journeyman and Master
examinations, provided that any person having a certificate issued by
a board of examiners of electricians of any city in Kansas whose
requirements relating to the issuance of certificates are equivalent to
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the provisions of this article shall, without further examination, and
upon payment of the license fee and certification by the Board of
Examiners to the City Clerk, be entitled to the appropriate license.
Further, any person who has been licensed as an electrician for three
(3) consecutive years may obtain a license without the examination
requirement.
4-303. ISSUANCE OF LICENSES. Any person desiring to secure a license
must first obtain a certificate from the Electrical Inspector as
hereinbefore provided, such certificate must be presented to the City
Clerk at the time of application, and no license shall be granted unless
such certificate be presented. The fee for an electrician’s license for
the first year shall be one hundred dollars ($100.00) and the renewal
fee shall be twenty dollars ($20.00) each year. The license of any
person presently licensed shall be considered a renewal. All licenses
shall expire on December 31st of each year and shall not be
transferable. The Electrical Inspector may suspend for a definite
period or may revoke any license issued hereunder for a just cause.
4-304. BOND. No person, firm or corporation shall engage in business within
the city as an electrician without first posting with the City Clerk as
surety bond in the amount of two thousand dollars ($2,000.00). Such
surety bond shall be approved by the Electrical Inspector and provided
that such person, firm, or corporation will faithfully comply with the
provisions of state laws and city ordinances related to electrical wiring,
and that such person, firm or corporation will indemnify and save the
city harmless from all costs of damages sustained by persons or
property because of the carelessness and negligence of the principal
in conducting such electrical business. Bonds shall be in force at all
times and remain in force and effect for a period of one (1) year after
the completion of the work.
4-305. INSURANCE REQUIREMENTS. No person shall perform any
electrical work within the city without first filing with the City Clerk
evidence of a current policy of public liability insurance in the following
amounts: minimum of one hundred thousand dollars ($100,000.00) for
bodily injury liability and twenty thousand dollars ($20,000.00) for the
loss, destruction or injury of any property. Such policy shall be
conditioned or extended to cover and include within its terms all
employees and agents of the insured.
4-306. PENALTY. Any person, firm or corporation violating any of the
provisions of this article shall, upon conviction thereof, be fined in any
sum not exceeding five hundred dollars ($500.00), or be imprisoned
not to exceed thirty (30) days, or be both so fined and imprisoned.
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ARTICLE 4. PLUMBING CODE
4-401. INTERNATIONAL PLUMBING CODE INCORPORATED BY
REFERENCE TO THE LATEST INTERNATIONAL BUILDING
CODE. The standard plumbing code is hereby incorporated by
reference to the latest International Building Code as currently
adopted by the City of Herington including all Appendix Chapters
adopted and published by the International Code Council, shall be and
is hereby adopted as the Standard Plumbing Code of the City of
Herington, in the State of Kansas for regulating and governing the
conditions and maintenance of all property, buildings and structures;
by providing the standards for supplied utilities and facilities and other
physical things and conditions essential to ensure that structures are
safe, sanitary and fit for occupation and use; and the condemnation of
buildings and structures unfit for human occupancy and use and the
demolition of such structures as herein provided; providing for the
issuance of permits and collection of fees therefore; and each and all
of the regulation, provisions, penalties, conditions and terms of said
Building Code on file in the office of the City of Herington are hereby
referred to, adopted, and made a part hereof, as if fully set out in this
ordinance, with the additions, insertions, deletions and changes, if any
by the City of Herington.
4-402. DELETIONS FROM UNIFORM PLUMBING CODE. The following
portions are deleted from the International Building Codes as currently
adopted:
(a) No such deletions are currently made.
4-403. PLUMBING DEFINITION. Plumbing shall mean the practice, materials
and fixtures used in the installation, maintenance, extension and
alteration of all piping, fixtures, appliances and appurtenances in
connection with any of the following: sanitary drainage or storm
drainage facilities, the venting system and the public or private water
supply systems, within or adjacent to any building, structure or
conveyance; also the practice and materials used in the installation,
maintenance, extension or alteration of storm water, liquid waste or
sewerage and water supply systems of any premises to their
connection with any point of public disposal or other acceptable
terminal.
4-404. PLUMBING INSPECTOR, QUALIFICATIONS. The City Manager
shall appoint a Plumbing Inspector. The plumbing inspector shall be
of good moral character and shall be experienced in plumbing and
well versed in the rules and regulation of the IBC Plumbing Appendix
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Chapters therefore referring. An Assistant Plumbing Inspector may be
appointed if deemed necessary by the City Manager.
4-405. PLUMBING INSPECTOR, POWERS AND DUTIES. The Plumbing
Inspector or the Assistant Plumbing Inspector shall:
(a) Have supervision over all plumbing and house drainage done within the
city, and all plumbing and house drainage done outside the city which
plumbing and drainage connects either with the sanitary sewer system or
water system of the city.
(b) Shall inspect all work under construction, alteration or repair, causing the
same to be executed in accordance with rules and regulations herein
established by persons having authority to perform such work, making as
many inspections as may be necessary.
(c) Upon finding completed work to conform with authorized requirements,
issue a certificate of approval, builders and owners to accept no plumbing
work without such certificate.
(d) Cause defective plumbing or drainage work under construction to be
removed and replaced with approved materials and workmanship at the
expense of the plumber in charge.
(e) Keep a record of all inspections made and certificates of approval issued,
such record to be a part of the files in the office of the City Clerk.
(f) Upon request, give information and advice as to the provisions of this
article, and investigate violations thereof.
(g) Inspect either old or new plumbing in any building which is or may be
occupied if there is reason to believe it is unsanitary or unsafe.
(h) Have the right of admission to premises at all reasonable hours to
ascertain whether plumbing and drainage work are in conformity with
regulations and ordinances.
(i) All unsanitary plumbing is hereby declared to be a nuisance and a
detriment to health and the Inspector shall condemn the same and notify the
owner or agent that the premises shall be made sanitary in every respect
within a reasonable time, failure to comply with such order to be deemed
cause for prosecution.
(j) Any person feeling aggrieved at any decision of the Inspector shall have
the right to appeal from such finding to the City Manager, whose decisions
shall be final.
4-406. PERMITS REQUIRED. No building or premises shall be connected
with any public or private sewer or water main and no plumbing shall
be installed or reconstructed without written permit issued by the City
Clerk, granted upon written application giving the location of the
premises and description of the work contemplated. Permits shall be
issued only to bonded plumbers or bonded persons, firms or
corporations employing a properly certified plumber, or to persons for
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any plumbing work to be performed personally by such person upon
any premises owned by him, except in the plumbing of buildings
constructed or remodeled for the purpose of sale or rent. All work shall
be in charge of the plumber or person in whose name the permit is
issued. No more work is to be done than is authorized in the permit,
additional work requiring another permit. When alterations are to be
made which cannot be practically constructed in accordance herewith,
special permit may be issued by the Inspector, if in his judgment the
conditions require it. No permit shall be required for minor repair work
by which is meant repair of leaks in pipes, faucets, traps or cocks,
opening up stoppage in waste or supply pipes, and traps or drains or
replacing broken fixtures when waste pipes are not disturbed and
replacing frozen pipes inside of buildings.
4-407. COMPLETION OF WORK: NOTICE TO INSPECT. Upon the
completion of any work in which a permit has been issued under the
provisions of this article, it shall be the duty of the person installing the
same to notify the Plumbing Inspector that the same is ready for his
inspection, after which such work shall be promptly inspected as
provided in this article.
4-408. INSPECTION. The Plumbing Inspector or the Assistant Plumbing
Inspector shall inspect all plumbing as required by this article within
twenty-four (24) hours, exclusive of Sundays and legal holidays, of the
receipt of notice that same is ready for inspection, and shall leave a
suitable distinctive marker, if the work has been approved.
4-409. INSPECTION FEES. No certificate of inspection shall be issued until
there shall have been paid to the City Clerk an inspection fee of
twenty dollars ($20.00) per hour.
4-410. OLD PLUMBING. No owner or builder shall hereafter move, erect,
remodel or repair any building so that the same or any part thereof is
in violation of this article. The owner or contractor of any building may
be compelled to submit plans and specifications for proposed
plumbing work for approval or revision by the Inspector or Board of
Examiners of Plumbers.
4-411. PLASTIC FITTINGS AND JOINTS. Plastic joints and fittings shall be
utilized and installed so as to conform with and to the currently
adopted International Building Code incorporated herein by reference.
All design, construction and workmanship shall be performed in
accordance with the requirements of recognized standards of practice
and by qualified mechanics to secure the results sought to be
obtained by this code.
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4-412. GROUNDING. Grounding shall be done in accordance with and so as
to conform to the currently adopted International Building Code
incorporated herein by reference as well as the National Electric Code
(NEC).
4-413. PENALTY. Any person, firm or corporation violating any of the
provisions of this article shall, upon conviction thereof, be fined in any
sum not exceeding five hundred dollars ($500.00), or be imprisoned
not to exceed thirty (30) days, or be both so fined and imprisoned.
ARTICLE 5. PLUMBERS
4-501. PLUMBERS LICENSE REQUIRED. No person shall engage in or
work at the business of plumbing without obtaining a license therefor
in accordance with the provisions of this article, provided that this shall
not be construed to prohibit persons employed by licensed plumbers
from performing such work under the supervision or at the direction of
the employer responsible for such work.
4-502. EXAMINATION AND CERTIFICATION. Any person desiring to
engage in or work at the business of a plumber, either as a master
plumber or a journeyman plumber in the City of Herington, Kansas
shall take the examination prepared by Prometric, 1260 Energy Lane,
St. Paul, Minnesota 55108 or Prometric’s successor so long as
Prometric or any successor(s) are approved by the State of Kansas
consistent with the requirements of K.S.A. 12-1525. Any such
examination provided by Prometric or its successor(s) or any other
preparer approved by the State of Kansas shall be designated as the
standard examination for the certification and licensure of plumbers in
the City of Herington, Kansas. Additionally, any other preparer
approved by the State of Kansas and in compliance with K.S.A. 12-
1525 may, from time to time by duly adopted resolution of the City of
Herington, Kansas may be designated as the standard examination
for the certification and licensure of plumbers in the City of Herington,
Kansas. A minimum score of 70% on this examination is required for
the licensure for both the Journeyman and Master examinations,
provided that any person having a certificate issued by a board of
examiners of plumbers of any city in Kansas whose requirements
relating to the issuance of certificates are equivalent to the provisions
of this article shall, without further examination, and upon payment of
the license fee and certification by the Board of Examiners to the City
Clerk, be entitled to the appropriate license. Further, any person who
has been licensed as a plumber for three (3) consecutive years may
obtain a license without the examination requirement.
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4-503. ISSUANCE OF LICENSES. Any person desiring to secure a license
must first obtain a certificate from the Plumbing Inspector, as
hereinbefore provided, and such certificate must be presented to the
City Clerk at the time of application and no license shall be granted
unless such certificate be presented. The fee for a plumber’s license
for the first year shall be one hundred dollars ($100.00) and the
renewal fee shall be twenty dollars ($20.00) each year. The license of
any person presently licensed shall be considered a renewal. All
licenses shall expire on December 31st of each year and shall not be
transferable. The Plumbing Inspector may suspend for a definite
period or may revoke any license issued hereunder for a just cause.
4-504. BOND. No person, firm or corporation shall engage in business within
the city as a plumber without first posting with the City Clerk a surety
bond in the amount of two thousand dollars ($2,000.00). Such surety
bond shall be approved by the Plumbing Inspector and provide that
such person, firm or corporation will faithfully comply with the
provisions of state laws and city ordinances related to plumbing and
that such person, firm or corporation will indemnify and save the city
harmless from all costs of damages sustained by persons or property
because of the carelessness and negligence of the principal in
conducting such plumbing business. Bonds shall be in force at all
times and remain in force and effect for a period of one (1) year after
the completion of the work.
4-505. INSURANCE REQUIREMENTS. No person shall perform any
plumbing work in the city without first filing with the City Clerk
evidence of a current policy of public liability insurance in the following
amounts: minimum - one hundred thousand dollars ($100,000.00)
bodily injury liability and twenty thousand dollars ($20,000.00) for the
loss, destruction or injury of any property. Such policy shall be
conditioned or extended to cover and include within its terms all
employees and agents of the insured.
4-506. PENALTY. Any person, firm or corporation violating any of the
provisions of this article shall upon conviction thereof be fined in any
sum not exceeding five hundred dollars ($500.00) or be imprisoned for
not to exceed thirty (30) days, or be both so fined and imprisoned.
ARTICLE 6. MECHANICAL CODE
4-601. INTERNATIONAL MECHANICAL CODE INCORPORTED BY
REFERENCE TO THE CURRENTLY ADOPTED INTERNATIONAL
BUILDING CODE REGULATING MECHANICAL STANDARDS. The
standard code known as the International Mechanical Code, as
currently adopted, is hereby Incorporated by reference herein and
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made a part of the Building Codes for the City of Herington, Kansas,
except such portions as may hereafter be deleted or amended.
4-602. DELETIONS FROM INTERNATIONAL BUILDING CODES. The
following portions are deleted from the International Building Codes as
currently adopted:
(b) No such deletions are currently made.
4-603. GAS INSPECTOR. The Plumbing Inspector shall perform the duties of
Gas Inspector. The Plumbing Inspector shall inspect and test all new
installations of gas piping and all extensions to or alterations of old
installations in all buildings and structures; shall enforce, or cause to
be enforced the provisions of this article; shall have the right, during
reasonable hours, to enter any building for the purpose of making any
inspection; and shall keep a record of all inspections of gas piping.
4-604. INSPECTIONS. The person installing or altering any gas piping in any
building or structure shall notify the Inspector when such work is ready
for inspection. The whole system of gas piping shall be properly
arranged for the Inspector to test the same. No Gas piping shall be
concealed from view until the same has been inspected and approved
by the Inspector. If upon inspection and test the gas piping in any
building shall be found to comply with the requirements of this article,
the Inspector shall issue a certificate of satisfactory inspection and
shall attach a signed approval of such work. If, upon inspection and
test, the installation does not comply with the requirements of this
article, the Inspector shall at once notify the owner or agent of the
building and the person installing such work and shall order such
defects as found to be changed, rearranged or removed within five (5)
days. Gas shall not be permitted to flow through such piping until the
installation has been inspected and approved by the inspector.
4-605. PERMITS REQUIRED. Any person desiring to install, alter, repair or
extend any gas piping in any building or structure shall make
application to the City Clerk for a permit therefor. Such application
shall contain the location of such building, name and address of the
owner and full and complete statement of the work proposed.
4-606. FEES. No certification of inspection shall be issued until there shall
have been paid to the City Clerk an inspection fee of twenty dollars
($20.00) per hour.
4-607. PENALTY. Any person, firm, or corporation violating any of the
provisions of this article shall, upon conviction thereof, be fined in any
sum not exceeding five hundred dollars ($500.00), or be imprisoned
not to exceed thirty (30) days, or be both so fined and imprisoned.
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ARTICLE 7. BUILDING RELOCATION
4-701. PERMIT REQUIRED. It shall be unlawful for any person, firm, or
corporation to move, haul, or transport, upon or across any street,
alley or sidewalk in this city, any house, building, or other structure
which exceeds the height, width, size or weight limitations provided by
the laws of the State of Kansas for motor vehicles, after having been
placed in final position for moving, without first obtaining a permit to do
so as hereinafter provided.
4-702. BUILDINGS CONFORM TO EXISTING STRUCTURES IN AREA. No
permit shall be issued therefor, and no building shall be moved into, or
from one location to another in the city unless the general height and
outward appearance of such building conforms to the other buildings
in the block to which it is to be moved and in the block opposite, to
such an extent that its relocation shall have no substantial adverse
effect on property values in the neighborhood.
4-703. APPLICATION FOR PERMIT. All applications for moving permits shall
be made in writing, upon forms provided by the City Clerk and shall be
filed in the office of the City Clerk. The application shall include the
day and hour the proposed moving is to commence and the route to
be traveled. If it is to be necessary to cut, raise, or in any way interfere
with any wires, poles, or other equipment, the application shall state
the name of the owners of such wires, poles, or equipment, and the
time and place when and where the removal of said poles or the
cutting, raising or otherwise interfering with wires or other equipment
will be necessary. The application shall be made not less than forty-
eight (48) hours before the moving is to commence. The application
shall be accompanied by a permit fee in the amount of actual cost
(expenses incurred by the city). Appeals may be taken from the
decisions of the City Clerk to the Board of Zoning Appeals.
4-704. APPLICATION; DETAILED DESCRIPTION. In making application to
move a building, the applicant shall furnish a detailed description of
the building and the improvements, repairs or alterations to be made
to it (including type, size and extent of foundation, type of exterior
siding and roofing, extent of plumbing and electrical work) which shall,
upon approval, become a part of the building permit. All buildings
which are moved shall be set upon foundations and finished within six
(6) months from the date of the permit. Buildings shall be inspected
for structural stability before structural members (including floor joists,
bearing walls and partitions, ceiling joists and roof trusses) are
covered up. Members found to be unsafe shall be replaced and a
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reinspection called for. Plumbing and electrical systems shall meet all
of the applicable requirements of the city codes.
4-705. NOTIFICATION OF WIRE OWNERS. Upon the filing of such
application the City Clerk shall give not less than twenty-four (24)
hours notice, with all pertinent information, to the owners of the wires,
poles, or other equipment to be affected by such moving.
4-706. DUTY OF OWNERS OF WIRES, POLES AND OTHER EQUIPMENT.
It shall be the duty of the person, firm or corporation owning or
operating any of said poles, wires or other equipment to furnish
sufficient and competent linemen or workmen to remove such poles or
raise or move such wires or other equipment as may 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, unless the wires be less than eighteen (18) feet above
the street, in which case the owners of the wires shall stand the
expense of moving them.
4-707. NOTIFICATION; CHIEF OF POLICE. The Chief of Police shall be
notified by the City Clerk upon the filing of any application hereunder
and shall examine the proposed route. If it shall appear that no other
route may be used equally well and with less danger to persons and
property then the chief may designate such other route as the one to
be used. The police chief may also require such other safety
measures to be taken as he shall deem advisable. The police chief
shall inspect, from time to time, the progress of such moving to see
that it is being done properly and in accordance with the provisions of
this article and other applicable ordinances and laws.
4-708. DUTIES OF THE MOVER. The holder of a moving permit granted
hereunder shall observe all statues, ordinances, rules and regulations
relating to his or her operations and the relocating of the building in
the city, including the cutting and trimming of trees.
4-709. BOND: INSURANCE. All applications for a permit hereunder shall be
accompanied by a bond, to be approved by the City Manager,
executed by a bonding or surety company authorized to do business
in the State of Kansas, in an amount of not less than twenty-five
thousand dollars ($25,000.00), conditioned upon saving harmless the
City of Herington from any and all claims for personal injury or
property damage caused directly or indirectly by the applicant’s
operations under a permit granted hereunder, and conditioned further
upon the payment by the applicant of any and all damage to persons
or property caused by negligence of the applicant, his or her agents or
employees. A public liability insurance policy, issued by an insurance
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company authorized to do business in the State of Kansas, and
conforming to this section may be permitted in lieu of a bond.
4-710. STANDARDS FOR ISSUANCE OF PERMIT. The City Clerk shall
refuse to issue a permit hereunder if he or she finds that any
application requirement has not been complied with or that for any
reason persons or property in the city would be endangered by the
moving of the building or other structure, or that the building code, or
other ordinances would be violated by the building in its new location.
ARTICLE 8. BUILDING DEMOLITION
4-801. PERMIT. It shall be unlawful for the owner or owners of any house,
building or structure to wreck or tear down, or cause to be wrecked or
torn down any house, building or structure in any manner whatsoever,
or for any person, firm or corporation to assist in the wrecking,
dismantling, or tearing down of any house, building or other structure
without first obtaining a permit for such work.
4-802. PERMIT APPLICATIONS. Applications for permits to wreck, tear
down, or dismantle any structure shall be filed with the City Clerk and
shall set out the description of the structure and its location and
detailed plans of the proposed work.
4-803. BOND. No permit to wreck, dismantle, or tear down any house,
building or other structure shall be issued or granted until the owner or
owners shall have filed with the City Clerk a bond in an amount to be
fixed by the City Manager. The bond shall be signed by not less than
two (2) sureties to be approved by the City Manager or until, in the
alternative, the owner or owners shall have paid to the City Clerk a
cash deposit in an amount fixed by the City Manager. The bond or
cash deposit shall be for protection of the city, the public, and adjacent
lot owners and shall be to secure the payment of all damages of any
kind or nature arising from the operations of wrecking, dismantling, or
tearing down of the house, building, or other structure and to secure
the strict compliance of the owner or owners and the person, firm, or
corporation assisting in such operations with the provisions of this
article regulating the wrecking, dismantling or tearing down of such
house, building or other structure. A public liability insurance policy,
issued by an insurance company authorized to do business in the
State of Kansas, and conforming to this section may be permitted in
lieu of bond.
4-804. DEMOLITION; REQUIREMENTS. Every person or persons, who shall
wreck, dismantle, or tear down any house , building, or other structure,
shall within ninety (90) days from the start of the work of wrecking,
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dismantling, or tearing down unless a shorter time is specified by the
permit, clear or cause to be cleared form the lot, lots, or tract left
vacant by such moving, all trash, debris, junk, and discarded building
materials not to be used immediately in rebuilding and shall remove all
foundations or parts of foundations at least one (1) foot below ground
level unless another house, building, or other structure is to be erected
immediately upon the foundations, as specified in the application for
the permit; and shall fill in all open wells and cisterns and all cellars,
basements, or other excavations remaining on such lot, lots, or tract,
unless the same are to be used immediately in connection with other
structures to be erected.
4-805. PUBLIC SAFETY. It shall be unlawful for the owner or any person,
firm or corporation assisting in the work or wrecking, dismantling, or
tearing down any house, building, or other structure, to leave any
structure, portion of a structure, building materials, or any excavation
in such a condition as to constitute a menace to the public health or
safety or to constitute a fire hazard or which may be or may become a
nuisance.
4-806. FAILURE TO COMPLETE WORK. Upon the failure or neglect of the
owner or owners of such house, building, or other structure or of any
person, firm or corporation assisting in the work of wrecking,
dismantling, or tearing down such house, building, or other structure to
fully comply with the provisions of Section 4-804 of this article, the
governing body may cause all work to be done necessary for
compliance with the provisions of Section 4-804, and the bond
furnished under the provisions of this article shall secure the payment
of the expense thereof or if a cash deposit has been made, such
expense shall be deducted from such cash deposit.
4-807. PENALTY. Any person, firm or corporation violating any of the
provisions of this article or failing or refusing to perform any duty
imposed by this article shall, upon conviction thereof, be fined in any
sum not exceeding five hundred dollars ($500.00), or be imprisoned
not to exceed thirty (30) days, or be both fined and imprisoned.
ARTICLE 9. FIRE CODE
4-901. INTERNATIONAL FIRE CODE INCORPORATED BY REFERENCE
TO THE LATEST INTERNATIONAL BUILDING CODE AND NFPA-
101. The standard fire code is hereby incorporated by reference to
the latest International Building Code and NFPA-101 adopted by the
City of Herington including all Appendix Chapters adopted and
published by the International Code Council, shall be and is hereby
adopted as the Standard Fire Code of the City of Herington.
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4-902. FIRE INSPECTOR. The Fire Chief or his designated subordinates
shall perform the duties of Fire Inspector. The Fire Inspector shall
inspect and test all buildings and structures; shall enforce, or cause to
be enforced the provisions of this article; shall have the right, during
reasonable hours, to enter any buildings for the purpose of making
any inspection; and shall keep a record of all fire inspections.
4-903. RESPONSIBILITY OF FIRE CHIEF. The Fire Chief and or the chief’s
delegated subordinates will be charged with the responsibility of
insuring that controlled burns are carried out in accordance with state
and city statute.
4-904. BURNING ON PUBLIC PROPERTY PROHIBITED, EXCEPTIONS.
Burning on Public property is prohibited except for cooking purposes
in a grill, fireplace or barbecue facility, or in a designated fire pit
located at Herington Lake/Reservoir. The Fire Chief or his
subordinate shall have the right to band out door cooking and fire pit
burning on any public property if in his opinion fire safety is a concern.
4-905. OPEN BURNING ON PRIVATE PROPERTY. That no person, within
the city limits of the City of Herington, Kansas shall cause or permit
the open burning of any material except as provided in Kansas
Administrative Regulation 28-19-645, et seq. and subject to the
following:
The person starting said burn must give prior notification to the
Herington Fire Department of Herington, Kanas at 785-258-3020, or
the Dickinson County Emergency Communications Center at 785-263-
4041 or 1-888-800-0417, providing the following information:
(a) Name, address, phone number of person responsible for burn.
(b) Exact location of intended open burning operation.
(c) Type of material being burned.
(d) Time of burning operation. Person must call in prior to starting
the fire.
The responsible person shall remain in continuous attendance with
the burning operation and with the ability to extinguish the fire and
report its status if necessary to the Dickinson County Emergency
Communications Center.
No burning shall take place within 150 feet of any structure, oil tank or
vehicle(s).
No burning shall take place when wind speeds are 15 mph or greater.
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Burning shall not be initiated after sunset or before sunrise unless
conducted for agricultural or crop rotation purposes.
Burning of any type or character shall be prohibited at any time or
place within the city limits at any time that a county burn ban is in
effect as declared by Dickinson County, Kansas.
That a violation of this ordinance shall be a Class B misdemeanor with
a fine not to exceed $1,000 and/or up to six (6) months incarceration.
Prosecution shall be in the Municipal Court of the City of Herington,
Kansas. Further, any person starting said fire without complying with
the above may be ordered to make restitution for any damages done
including fire department fees and expenses.
4-906. DAMAGED STRUCTURES BY FIRE OR EXPLOSION. Be it
ordained by the Governing Body of the City of Herington, Kansas that:
(a) SCOPE AND APPLICATION. The City if hereby authorized
to utilize the procedures established by K.S.A. 40-3901 et seq.,
whereby no insurance company shall pay a claim of a named insured
for loss or damage to any building or other structure located within
the city, arising out of any fire or explosion, where the amount
recoverable for the loss or damage to the building or other structure
under all policies is in excess of seventy-five percent (75%) 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
ordinance.
(b) 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 or
explosion, where the amount recoverable for all the loss or damage to the
building or other structure under all policies is in excess of seventy-five
percent (75%) 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 (1) year prior to
the filing of a proof of loss.
(c) SAME; ENCUMBRANCES. Prior to final settlement on any claim covered by
Section (b), the insurer or insurers shall contact the County Treasurer,
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Dickinson 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, Dickinson
County, Kansas.
(d) 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.
(e) PROCEDURE.
(1) 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 seventy-
five percent (75%) 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 five thousand dollars ($5,000.00) or ten
percent (10%) of the covered claim payment, whichever is less,
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.
(2) 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.
(3) Upon the transfer of the funds as required by subsection (1) of
this section, the insurance company shall provide the city with the
name and address of the named insured or insureds, the total
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 registered mail, notifying them that said
insurance proceeds have been received by the City and apprise
them of the procedures to be followed under this ordinance.
(f) FUND CREATED; DEPOSIT OF MONEYS. The City Treasurer is hereby
authorized and shall create a fund to be known as the “Fire Insurance
Proceeds Fund.” All moneys received by the City Treasurer as provided for
by this ordinance shall be placed in said fund and deposited in an interest-
bearing account.
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(g) BUILDING INSPECTOR; INVESTIGATION, REMOVAL OF
STRUCTURE.
(1) Upon receipt of moneys as provided for by this ordinance, the
City Treasurer shall immediately notify the chief building inspector
of said receipt, and transmit all documentation received from the
insurance company or companies to the chief building inspector.
(2) Within twenty (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.
(3) Prior to the expiration of the twenty (20) days established by
subsection (2) 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.
(4) 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 late than thirty (30) days after
receipt of the moneys by the City Treasurer.
(5) Upon notification to the City Treasurer by the chief building
inspector that no proceedings shall be initiated under K.S.A. 12-
1750 et seq., as amended, the City Treasurer shall return all such
moneys received, plus accrued interest, to the insured or insureds
as identified in the communication from the insurance company or
companies. Such return shall be accomplished within thirty (30)
days of the receipt of the moneys from the insurance company or
companies.
(h) REMOVAL OF STRUCTURE; EXCESS MONEYS. If the chief building
inspector has proceeded under the provisions of K.S.A. 12-1750 et seq., as
amended, all moneys in excess of that which is ultimately necessary to
comply with the provisions for the removal of the building or structure, less
salvage value, if any, shall be paid to the insured.
(i) SAME; DISPOSITION OF FUNDS. If the chief building inspector, with regard
to a building or other structure damaged by fire or explosion, 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 (e) (1) 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 (e) (1) the chief building inspector shall
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publish a new lien as authorized by K.S.A. 12-1756, in an amount equal to
such excess expenses incurred.
(j) EFFECT UPON INSURANCE POLICIES. This ordinance shall not make the
City a party to any insurance contract, nor is the insurer liable to any party
for any amount in excess of the proceeds otherwise payable under its
insurance policy.
(k) INSURERS; LIABILITY. Insurers complying with this ordinance or
attempting in good faith to comply with this ordinance shall be immune
from civil and criminal liability and such action shall not be deemed in
violation of K.S.A. 40-2404 and any amendments thereto, including
withholding payment of any insurance proceeds pursuant to this ordinance,
or leasing or disclosing any information pursuant to this ordinance.
4-907. PENALTY. Any person, firm, or corporation violating any of the
provisions of this article shall, upon conviction thereof, be fined in any
sum not exceeding five hundred dollars ($500.00, or be imprisoned not
to exceed thirty (30) days, or be both so fined and imprisoned.
ARTICLE 10. ENVIRONMENTAL CODE
4-1001. 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.
4-1002. PURPOSE. The purpose of this article is to protect, preserve,
upgrade, and regulate the environmental quality of industrial,
commercial and residential neighborhoods in this city, by outlawing
conditions which are injurious to the health, safety, welfare or
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aesthetic characteristics of the neighborhoods and to provide for the
administration and enforcement thereof. (Code 1988)
4-1003. RULES OF CONSTRUCTION. For the purpose of this article, the
following rules of construction shall apply:
(a) 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.”
(b) Gender - Words of gender shall be construed to mean neuter,
feminine or masculine, as may be applicable.
(c) Number - Words of number shall be construed to mean
singular or plural, as may be applicable.
(d) Tense - Words of tense shall be construed to mean present or
future, as may be applicable.
(e) Shall - The word shall is mandatory and not permissive. (Code
1988)
4-1004. DEFINITIONS. The words and phrases listed below when used in this
article shall have the following meanings:
(a) Abandoned Motor Vehicle - any motor vehicle which is not
currently registered or tagged pursuant to K.S.A. 8-126 to 8-149
inclusive, as amended; or parked in violation of the code; or
incapable of moving under its own power; or in a junked or wrecked
condition.
(b) 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.
(c) Commercial or Industrial - used or intended to be used
primarily for other than residential purposes.
(d) 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.
(e) 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.
(f) 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.
(g) 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
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any premises, regardless of status as owner, renter, tenant or
lessee, whether or not in possession.
(h) 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.
(i) Refuse - garbage and trash.
(j) Residential - used or intended to be used primarily for human
habitation.
(k) 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.
(l) 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.
(m) Weathered - deterioration caused by exposure to the
elements.
(n) Yard - the area of the premises not occupied by any structure.
4-1005. PUBLIC OFFICER. The city manager shall designate a public officer
to be charged with the administration and enforcement of this article.
4-1006. 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 but shall not include conditions which are not readily visible
from any public place or from any surrounding private property.
4-1007. 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:
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(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;
(4) Missing or broken doors and/or windows;
(5) Known or reasonably suspected utility problems;
(6) Evidence of the presence of vermin;
(7) Extended vacancy with regular maintenance;
(8) Lack of heat, water, sewer, gas, or electricity;
(9) Fire or other suspected hazard dangerous for human
occupation.
4-1008. NOTICE. Any person found by the public officer to be in violation of
section 8-208 shall be sent a notice of such violation by the public
officer. The notice shall be sent by certified mail, postage prepaid,
return receipt requested. The notice shall state:
(a) The condition which has caused the violation of this article;
and
(b) That the person in violation shall have:
(1) 15 days from the date of the mailing of the notice to alleviate
the exterior conditions (yard) violation; and/or;
(2) 45 days from the date of the mailing of the notice to alleviate
the exterior conditions (structure) violation; or in the alternative
to subsections (1) and (2) above,
(3) 15 days from the date of the mailing of the notice to request,
as provided in section 8-213 a hearing before the governing
body on the matter; and
(c) That failure to alleviate the condition or to request a hearing
may result in prosecution under Section 10 and/or abatement of the
condition by the city according to Section 11 with the costs
assessed against the property under Section 14.
4-1009. PENALTY. The public officer may file a complaint in the municipal
court against any person found to be in violation of Section 8, provided
however, that such person shall first have been sent a notice as
provided in Section 9 and that the person has neither alleviated the
conditions causing the alleged violation nor requested a hearing
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before the governing body within the time periods specified in Section
9. Upon such complaint in the municipal court, any person found to be
in violation of Section 8 shall upon conviction be punished by a fine of
not less than $50 nor more than $100, or by imprisonment, for not
more than 30 days, or by both such fine and imprisonment, for each
offense. Additionally, the Court may order the premises vacated as
warranted until the nuisance is fully abated. 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.
4-1010. ABATEMENT. In addition to, or as an alternative to, prosecution as
provided in section 8-210, the public officer may seek to remedy
violations of this article in the following manner. If a person to whom a
notice has been sent pursuant to section 8-209 has neither alleviated
the conditions causing the alleged violation nor requested a hearing
before the governing body within the time periods specified in Section
9, the public officer may present a resolution to the governing body for
adoption authorizing the public officer or other agents of the city to
abate the conditions causing the violation at the end of 20 days after
passage of the resolution. The resolution shall further provide that the
costs incurred by the city shall be assessed against the property as
provided in Section14.
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, postage prepaid, 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 conditions exist.
4-1011. HEARING BEFORE GOVERNING BODY. If a hearing is requested
within the 15 day period as provided in Section 9 such request shall
be made in writing to the governing body. Failure to make a timely
request for a hearing shall constitute a waiver of the person’s right to
contest the findings of the public officer before the governing body.
The hearing shall be held by the governing body as soon as possible
after the filing of the request 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
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body. The hearing need not be conducted according to the formal
rules of evidence. Upon conclusion of the hearing, the governing body
shall record its determination of the matter by means of adopting a
resolution and serving the resolution upon the person in the manner
provided in Section 11.
4-1012. APPEALS. Any person affected by any determination of the
governing body under sections 8-211 or 8-212 may appeal such
determination in the manner provided by K.S.A. 60-2101. (Code 1988)
4-1013. COSTS ASSESSED. If the city abates the conditions in violation of
this article pursuant to Section 11, the cost of abatement shall be
charged against the lot or parcel of ground on which the conditions
were located. The city clerk shall, at the time of certifying other taxes
to the county clerk, certify the costs as provided in this section. The
county clerk shall extend the same on the tax roll and it shall be
collected by the county treasurer and paid to the city as other city
taxes are collected and paid.
4-1014. 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.
ARTICLE 11. EXCAVATION PERMITS
4-1101. EXCAVATION PERMITS REQUIRED. Any excavation within the City
of Herington, including any property held, under the exclusive control
of, or owned by the City exclusive of street and alley opening permits
and emergency excavation by the city for the purpose of maintaining
potable water and sanitary leads, sewer repair, and electrical service
repair shall have, prior to undertaking any excavation, have procured
a lawful permit through the City. Street and alley openings shall have
a street excavation permit as required in Sections 6-508 through 6-
510 of this Code inclusive.
4-1102. REQUIRED INFORMATION FOR PERMIT ISSUANCE. All
excavation permits shall contain information identifying the location,
dimensions, setbacks, whether permanent or temporary, purpose, and
if temporary, the length of time the excavation shall exist. All forms for
issuance of such permits shall be provided by the City of Herington.
4-1103. PUBLIC PROTECTION. Excavations, permanent or temporary, shall
be enclosed by fence of no less than four feet in height. Temporary
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fences shall be made of a blaze orange material, snow fencing, or a
woven wire material placarded in blaze orange. Permanent
excavations shall be enclosed of a permanent fence or wall not less
than four (4) feet in height and of sufficient design as to reasonably
protect the public from injury.
4-1104. NOTIFICATION. Any holder of an excavation permit issued by the
City of Herington shall contact the necessary public entities including
but not limited to Kansas Dig Safe (1-800-Dig Safe;
1-800-344-7233) and no excavation shall commence before the Dig
Safe representative identifies underground utilities.
4-1105. PENALTY. Failure to obtain an Excavation Permit as required herein
shall be deemed a violation of City Code and, upon conviction, a fine
of not less than $100.00 nor more than $500.00 per day shall be
levied. The excavation shall be ordered closed forthwith. Each day
following the date of the order of closure issued by the City of
Herington shall constitute a separate offense.
CHAPTER IV. PRIVATE PROPERTY
Article 1. Building Code
Article 2. Electrical Code
Article 3. Electricians
Article 4. Plumbing Code
Article 5. Plumbers
Article 6. Mechanical Code
Article 7. Building Relocation
Article 8. Building Demolition
Article 9. Fire Code
Article 10. Environmental Code
Article 11. Excavation Permits
_______________________________________
ARTICLE 1. BUILDING CODE
4-101. INTERNATIONAL BUILDING CODES INCORPORATED.
There is hereby incorporated by reference for the purpose of providing
minimum regulations for the construction, erection, remodeling,
alteration, repair, or expansion of any building or structure, the latest
known published standard codes known as the
“INTERNATIONAL BUILDING CODES, 2006 Edition,” and the
NFPA-101 and/or the latest edition being used by the City of
Herington including all Appendix Chapters hereby adopted and
published by the International Code Council, be and is hereby
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adopted as the Building Code of the City of Herington, in the
State of Kansas for regulating and governing the conditions and
maintenance of all property, buildings and structures; by
providing the standards for supplied utilities and facilities and
other physical things and conditions essential to ensure that
structures are safe, sanitary and fit for occupation and use; and
the condemnation of buildings and structures unfit for human
occupancy and use and the demolition of such structures as
herein provided; providing for the issuance of permits and
collection of fees therefore; and each and all of the regulation,
provisions, penalties, conditions and terms of said Building Code
on file in the office of the City of Herington are hereby referred to,
adopted, and made a part hereof, as if fully set out in this
ordinance, with the additions, insertions, deletions and changes,
if any by the City of Herington, including all appendices to each,
prepared and published in book form the by International Code
Council, Inc. Any errata officially published by the International Code
Council, Inc., shall become part of the International Building Code
and/or the International Residential Code when placed on file by the
administrative authority. If any conflict or discrepancy exists between
this article and the referenced International Building Code or the
International Residential Code, the provisions of this article shall rule.
Not less than three (3) copies of the latest known published
standard codes known as the “INTERNATIONAL BUILDING
CODES, 2006 Edition,” and/or the latest edition being used by the
City of Herington including all Appendix Chapters hereby
adopted and published by the International Code Council, shall be
marked or stamped “Official Copy as Incorporated by Reference by
the City of Herington, Kansas”, a copy of this ordinance shall be
attached and filed with the City Clerk to be open to inspection and
available to the public at all reasonable hours. All administrative
departments of the City charged with enforcement of the Code shall
be supplied, at the cost of the City, such number of official copies of
the Code similarly marked, deleted and changed as may be
expedient.
Any person violating any provisions of such Code shall be punished
as provided in Section 4-104 of this Code.
4-103. DELETIONS FROM INTERNATIONAL BUILDING CODES.
The following portions are deleted from the International Building
Codes as currently adopted:
(b) No such deletions are currently made.
4-103. AMENDMENTS TO INTERNATIONAL BUILDING CODES.
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(a) No building or structure shall be erected, enlarged, remodeled, or
moved within the City without a permit therefore from the City Clerk
who shall require a site plan and may require a plan of the proposed
work together with a statement of the estimated cost of materials and
labor to be used. Such permit shall be issued upon approval of the
building official and conditional upon the compliance of the provisions
of this article.
(b) For the purposes of this section, “remodeling” shall mean the
reconstruction or alteration of any portion of a structure in which
rooms are added, load bearing members are altered, or the alteration
affects the life safety of the occupants of the structure.
(c) If construction is not started within six (6) months from the date of
application, application shall be void and a new building application
shall be made to the City Clerk.
(d) The fees for building permits shall be five dollars ($5.00) for the
first one thousand dollars ($1,000.00) of project cost and an additional
two dollars ($2.00) for each additional one thousand dollars
($1,000.00) or fraction thereof.
(e) Upon sale or any change of current ownership, including changes
in any leasehold interests, all residences and commercial properties
within the city limits shall be subject to both a structural and
mechanical inspection by the City or qualified licensed mechanical
inspector prior to occupancy provided the structure meets minimum
code. An inspection form will be presented to the City of Herington
before permanent utilities are turned on, thus allowing for repairs and
no habitation of structure. An inspection fee of ten dollars ($10) at the
time of utility turn-on or transfer shall be required to cover minimal
costs.
4-104. PENALTY. Any person, firm or corporation violating any of the
provisions of this article shall, upon conviction thereof, be fined in any
sum not exceeding five hundred dollars ($500.00), or be imprisoned
not to exceed thirty (30) days, or be both so fined and imprisoned.
4-105. VALIDITY. The invalidity of any section of this article or the codes
incorporated herein shall not invalidate other sections or provisions
thereof.
ARTICLE 2. ELECTRICAL CODE
4-201. INTERNATIONAL ELECTRICAL CODE INCORPORATED BY
REFERENCE and the standard code known as the “National Electrical
Code”, (Latest Edition in City Possession) is hereby incorporated by
reference herein and made a part of this article, except such portions
as may hereafter be deleted or amended.
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4-202. ELECTRICAL INSPECTOR, QUALIFICATIONS. The City Manager
shall appoint an Electrical Inspector. The Electrical Inspector shall be
of good moral character and shall be experienced in electrical
construction and well versed in the rules and regulations of the
National Electrical Code. An Assistant Electrical Inspector may be
appointed if it is deemed necessary by the City Manager.
4-203. ELECTRICAL INSPECTOR, POWERS AND DUTIES.
The Electrical Inspector or the Assistant Electrical Inspector shall:
(a)Inspect all electrical light, heat and power wires, fixtures, appliances,
conductors and apparatus hereinafter installed in or upon any and all
buildings in the city.
(b) Enforce or cause to be enforced the provisions of this article and the National
Electrical Code and for that purpose shall have and is given special
police powers necessary therefor.
(c) Have the right, during reasonable hours, to enter into or upon any building,
structure or premises in the city, for the purpose of making inspection
of any electrical wires, installation or electrical apparatus to perform
the duties imposed upon him by this article.
(d) No electric light or power wires or equipment shall be covered or concealed
until it shall have been inspected and approved by the Electrical
Inspector. All plumbing, water, steam and gas pipes and furnace
stacks which are to be concealed shall be in place before electrical
wiring will be inspected. The Electrical Inspector shall have authority
to remove or cause to be removed any lath, plaster or other finish
which may interfere with the proper inspection thereof.
(e) The Electrical Inspector shall keep complete records of all permits issued,
inspections made and certificates issued and all other official work
performed under the provisions of this article.
(f) The Electrical Inspector shall decide all questions not provided for in this article,
pertaining to the installation or use of electrical wires, appliances and
apparatus.
(g) Any person feeling aggrieved at any decision of the Electrical Inspector shall
have the right to appeal from such finding to the City Manager, whose
decision shall be final.
4-204. PERMIT REQUIRED. Any person, firm or corporation desiring to do
any electrical work or to make any alteration or additions to any
existing wiring in, upon or attached to any building or structure in the
city shall make application in writing to the City Clerk for a permit,
provided that no permit shall be required for maintenance or minor
repairs.
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4-205. APPLICATION FOR PERMIT. Application for permits shall be made
on blanks furnished by the city and shall set forth in detail such work
to be done, class and location of building and the name of the owner.
4-206. QUALIFICATIONS FOR PERMIT. Permits shall be issued to licensed
electricians after they have filed the bond as required in Section 4-304
and paid the regular city license fee, provided that a permit may be
issued to any person for any electrical work to be performed
personally by such person upon any premises owned by him, except
in the electrical wiring of buildings constructed or remodeled for
purpose of sale or rent.
4-207. PERMIT: ISSUANCE. If the proposed work complies with the
provisions of this article, and the ordinances of the city, and the
applicant meets with all the qualifications as herein provided, the City
Clerk shall issue to such applicant a permit, reciting the location, type
of work to be done and the name of the owner of the premises.
4-208. COMPLETION OF WORK: NOTICE TO INSPECT. Upon the
completion of any work in which a permit has been issued under the
provisions of this article, it shall be the duty of the person installing the
same to notify the Electrical Inspector that the same is ready for his
inspection, after which such work shall be promptly inspected as
provided in this article.
4-209. INSPECTION. The Electrical Inspector or the Assistant Electrical
Inspector shall inspect all installations of electrical wiring, fixtures and
other equipment as required by this article within twenty-four (24)
hours, exclusive of Sundays and legal holidays, of the receipt of notice
that same is ready for inspection, and shall leave a suitable distinctive
marker, if the work has been approved.
4-210. INSPECTION FEES. No certificate of inspection shall be issued until
there shall have been paid to the City Clerk an inspection fee of
twenty dollars ($20.00) per hour.
4-211. NOTICE TO CHANGE, REARRANGE, REMOVE. If, upon inspection,
the Electrical Inspector shall find that such wiring, fixtures or other
equipment does not comply with the requirements of this article of the
National Electrical Code incorporated herein and is unsafe and
defective, the Electrical Inspector shall, in writing, notify the party or
parties doing such work of such defect and order him to change,
rearrange or remove the same within the time specified in the notice,
and if such party or parties fail or refuse so to do within the time
specified, such party or parties shall be deemed guilty of a violation of
the provisions of this article; and each and every day which shall
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elapse after the expiration of the fixed time in said notice without a
compliance with said order, shall be considered a separate offense.
4-212. CONDEMNING; CUTTING OFF CURRENT. The Electrical Inspector
shall have power and authority to condemn and cause the removal or
necessary repair of any electrical wiring, fixtures, appliances,
conductors, apparatus or supports in or upon any building, shop,
outhouse, shed or other structure within the city which may be
dangerous to life or property, and for that purpose is hereby given
authority to require the cutting off the electric supply to such property
until such repairs or changes are made.
4-213. PENALTY. Any person, firm or corporation violating any of the
provisions of this article shall, upon conviction thereof, be fined in any
sum not exceeding five hundred dollars ($500.00), or be imprisoned
not to exceed thirty (30) days, or be both so fined and imprisoned.
ARTICLE 3. ELECTRICIANS
4-301. ELECTRICIAN’S LICENSE REQUIRED. No person shall engage in or
work at the business of an electrician without obtaining a license
therefor in accordance with the provisions of this article, provided that
this shall not be construed to prohibit persons employed by licensed
electricians from performing such work under the supervision or at the
direction of the employer responsible for such work.
4-302. EXAMINATION AND CERTIFICATION. Any person desiring to
engage in or work at the business of an electrician, either as a Master
electrician or a Journeyman electrician in the City of Herington,
Kansas shall take the examination prepared by Prometric, 1260
Energy Lane, St. Paul, Minnesota 55108 or Prometric’s successor so
long as Prometric or any successor(s) are approved by the State of
Kansas consistent with the requirements of K.S.A. 12-1525. Any such
examination provided by Prometric or its successor(s) or any other
preparer approved by the State of Kansas shall be designated as the
standard examination for the certification and licensure of electricians
in the City of Herington, Kansas. Additionally, any other preparer
approved by the State of Kansas and in compliance with K.S.A. 12-
1525 may, from time to time by duly adopted resolution of the City of
Herington, Kansas may be designated as the standard examination
for the certification and licensure of electricians in the City of
Herington, Kansas. A minimum score of 70% on this examination is
required for the licensure for both the Journeyman and Master
examinations, provided that any person having a certificate issued by
a board of examiners of electricians of any city in Kansas whose
requirements relating to the issuance of certificates are equivalent to
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the provisions of this article shall, without further examination, and
upon payment of the license fee and certification by the Board of
Examiners to the City Clerk, be entitled to the appropriate license.
Further, any person who has been licensed as an electrician for three
(3) consecutive years may obtain a license without the examination
requirement.
4-303. ISSUANCE OF LICENSES. Any person desiring to secure a license
must first obtain a certificate from the Electrical Inspector as
hereinbefore provided, such certificate must be presented to the City
Clerk at the time of application, and no license shall be granted unless
such certificate be presented. The fee for an electrician’s license for
the first year shall be one hundred dollars ($100.00) and the renewal
fee shall be twenty dollars ($20.00) each year. The license of any
person presently licensed shall be considered a renewal. All licenses
shall expire on December 31st of each year and shall not be
transferable. The Electrical Inspector may suspend for a definite
period or may revoke any license issued hereunder for a just cause.
4-304. BOND. No person, firm or corporation shall engage in business within
the city as an electrician without first posting with the City Clerk as
surety bond in the amount of two thousand dollars ($2,000.00). Such
surety bond shall be approved by the Electrical Inspector and provided
that such person, firm, or corporation will faithfully comply with the
provisions of state laws and city ordinances related to electrical wiring,
and that such person, firm or corporation will indemnify and save the
city harmless from all costs of damages sustained by persons or
property because of the carelessness and negligence of the principal
in conducting such electrical business. Bonds shall be in force at all
times and remain in force and effect for a period of one (1) year after
the completion of the work.
4-305. INSURANCE REQUIREMENTS. No person shall perform any
electrical work within the city without first filing with the City Clerk
evidence of a current policy of public liability insurance in the following
amounts: minimum of one hundred thousand dollars ($100,000.00) for
bodily injury liability and twenty thousand dollars ($20,000.00) for the
loss, destruction or injury of any property. Such policy shall be
conditioned or extended to cover and include within its terms all
employees and agents of the insured.
4-306. PENALTY. Any person, firm or corporation violating any of the
provisions of this article shall, upon conviction thereof, be fined in any
sum not exceeding five hundred dollars ($500.00), or be imprisoned
not to exceed thirty (30) days, or be both so fined and imprisoned.
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ARTICLE 4. PLUMBING CODE
4-401. INTERNATIONAL PLUMBING CODE INCORPORATED BY
REFERENCE TO THE LATEST INTERNATIONAL BUILDING
CODE. The standard plumbing code is hereby incorporated by
reference to the latest International Building Code as currently
adopted by the City of Herington including all Appendix Chapters
adopted and published by the International Code Council, shall be and
is hereby adopted as the Standard Plumbing Code of the City of
Herington, in the State of Kansas for regulating and governing the
conditions and maintenance of all property, buildings and structures;
by providing the standards for supplied utilities and facilities and other
physical things and conditions essential to ensure that structures are
safe, sanitary and fit for occupation and use; and the condemnation of
buildings and structures unfit for human occupancy and use and the
demolition of such structures as herein provided; providing for the
issuance of permits and collection of fees therefore; and each and all
of the regulation, provisions, penalties, conditions and terms of said
Building Code on file in the office of the City of Herington are hereby
referred to, adopted, and made a part hereof, as if fully set out in this
ordinance, with the additions, insertions, deletions and changes, if any
by the City of Herington.
4-402. DELETIONS FROM UNIFORM PLUMBING CODE. The following
portions are deleted from the International Building Codes as currently
adopted:
(c) No such deletions are currently made.
4-403. PLUMBING DEFINITION. Plumbing shall mean the practice, materials
and fixtures used in the installation, maintenance, extension and
alteration of all piping, fixtures, appliances and appurtenances in
connection with any of the following: sanitary drainage or storm
drainage facilities, the venting system and the public or private water
supply systems, within or adjacent to any building, structure or
conveyance; also the practice and materials used in the installation,
maintenance, extension or alteration of storm water, liquid waste or
sewerage and water supply systems of any premises to their
connection with any point of public disposal or other acceptable
terminal.
4-404. PLUMBING INSPECTOR, QUALIFICATIONS. The City Manager
shall appoint a Plumbing Inspector. The plumbing inspector shall be
of good moral character and shall be experienced in plumbing and
well versed in the rules and regulation of the IBC Plumbing Appendix
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Chapters therefore referring. An Assistant Plumbing Inspector may be
appointed if deemed necessary by the City Manager.
4-405. PLUMBING INSPECTOR, POWERS AND DUTIES. The Plumbing
Inspector or the Assistant Plumbing Inspector shall:
(a) Have supervision over all plumbing and house drainage done within the
city, and all plumbing and house drainage done outside the city which
plumbing and drainage connects either with the sanitary sewer system or
water system of the city.
(b) Shall inspect all work under construction, alteration or repair, causing the
same to be executed in accordance with rules and regulations herein
established by persons having authority to perform such work, making as
many inspections as may be necessary.
(c) Upon finding completed work to conform with authorized requirements,
issue a certificate of approval, builders and owners to accept no plumbing
work without such certificate.
(d) Cause defective plumbing or drainage work under construction to be
removed and replaced with approved materials and workmanship at the
expense of the plumber in charge.
(e) Keep a record of all inspections made and certificates of approval issued,
such record to be a part of the files in the office of the City Clerk.
(f) Upon request, give information and advice as to the provisions of this
article, and investigate violations thereof.
(g) Inspect either old or new plumbing in any building which is or may be
occupied if there is reason to believe it is unsanitary or unsafe.
(h) Have the right of admission to premises at all reasonable hours to
ascertain whether plumbing and drainage work are in conformity with
regulations and ordinances.
(i) All unsanitary plumbing is hereby declared to be a nuisance and a
detriment to health and the Inspector shall condemn the same and notify the
owner or agent that the premises shall be made sanitary in every respect
within a reasonable time, failure to comply with such order to be deemed
cause for prosecution.
(j) Any person feeling aggrieved at any decision of the Inspector shall have
the right to appeal from such finding to the City Manager, whose decisions
shall be final.
4-406. PERMITS REQUIRED. No building or premises shall be connected
with any public or private sewer or water main and no plumbing shall
be installed or reconstructed without written permit issued by the City
Clerk, granted upon written application giving the location of the
premises and description of the work contemplated. Permits shall be
issued only to bonded plumbers or bonded persons, firms or
corporations employing a properly certified plumber, or to persons for
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any plumbing work to be performed personally by such person upon
any premises owned by him, except in the plumbing of buildings
constructed or remodeled for the purpose of sale or rent. All work shall
be in charge of the plumber or person in whose name the permit is
issued. No more work is to be done than is authorized in the permit,
additional work requiring another permit. When alterations are to be
made which cannot be practically constructed in accordance herewith,
special permit may be issued by the Inspector, if in his judgment the
conditions require it. No permit shall be required for minor repair work
by which is meant repair of leaks in pipes, faucets, traps or cocks,
opening up stoppage in waste or supply pipes, and traps or drains or
replacing broken fixtures when waste pipes are not disturbed and
replacing frozen pipes inside of buildings.
4-407. COMPLETION OF WORK: NOTICE TO INSPECT. Upon the
completion of any work in which a permit has been issued under the
provisions of this article, it shall be the duty of the person installing the
same to notify the Plumbing Inspector that the same is ready for his
inspection, after which such work shall be promptly inspected as
provided in this article.
4-408. INSPECTION. The Plumbing Inspector or the Assistant Plumbing
Inspector shall inspect all plumbing as required by this article within
twenty-four (24) hours, exclusive of Sundays and legal holidays, of the
receipt of notice that same is ready for inspection, and shall leave a
suitable distinctive marker, if the work has been approved.
4-409. INSPECTION FEES. No certificate of inspection shall be issued until
there shall have been paid to the City Clerk an inspection fee of
twenty dollars ($20.00) per hour.
4-410. OLD PLUMBING. No owner or builder shall hereafter move, erect,
remodel or repair any building so that the same or any part thereof is
in violation of this article. The owner or contractor of any building may
be compelled to submit plans and specifications for proposed
plumbing work for approval or revision by the Inspector or Board of
Examiners of Plumbers.
4-411. PLASTIC FITTINGS AND JOINTS. Plastic joints and fittings shall be
utilized and installed so as to conform with and to the currently
adopted International Building Code incorporated herein by reference.
All design, construction and workmanship shall be performed in
accordance with the requirements of recognized standards of practice
and by qualified mechanics to secure the results sought to be
obtained by this code.
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4-412. GROUNDING. Grounding shall be done in accordance with and so as
to conform to the currently adopted International Building Code
incorporated herein by reference as well as the National Electric Code
(NEC).
4-413. PENALTY. Any person, firm or corporation violating any of the
provisions of this article shall, upon conviction thereof, be fined in any
sum not exceeding five hundred dollars ($500.00), or be imprisoned
not to exceed thirty (30) days, or be both so fined and imprisoned.
ARTICLE 5. PLUMBERS
4-501. PLUMBERS LICENSE REQUIRED. No person shall engage in or
work at the business of plumbing without obtaining a license therefor
in accordance with the provisions of this article, provided that this shall
not be construed to prohibit persons employed by licensed plumbers
from performing such work under the supervision or at the direction of
the employer responsible for such work.
4-502. EXAMINATION AND CERTIFICATION. Any person desiring to
engage in or work at the business of a plumber, either as a master
plumber or a journeyman plumber in the City of Herington, Kansas
shall take the examination prepared by Prometric, 1260 Energy Lane,
St. Paul, Minnesota 55108 or Prometric’s successor so long as
Prometric or any successor(s) are approved by the State of Kansas
consistent with the requirements of K.S.A. 12-1525. Any such
examination provided by Prometric or its successor(s) or any other
preparer approved by the State of Kansas shall be designated as the
standard examination for the certification and licensure of plumbers in
the City of Herington, Kansas. Additionally, any other preparer
approved by the State of Kansas and in compliance with K.S.A. 12-
1525 may, from time to time by duly adopted resolution of the City of
Herington, Kansas may be designated as the standard examination
for the certification and licensure of plumbers in the City of Herington,
Kansas. A minimum score of 70% on this examination is required for
the licensure for both the Journeyman and Master examinations,
provided that any person having a certificate issued by a board of
examiners of plumbers of any city in Kansas whose requirements
relating to the issuance of certificates are equivalent to the provisions
of this article shall, without further examination, and upon payment of
the license fee and certification by the Board of Examiners to the City
Clerk, be entitled to the appropriate license. Further, any person who
has been licensed as a plumber for three (3) consecutive years may
obtain a license without the examination requirement.
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4-503. ISSUANCE OF LICENSES. Any person desiring to secure a license
must first obtain a certificate from the Plumbing Inspector, as
hereinbefore provided, and such certificate must be presented to the
City Clerk at the time of application and no license shall be granted
unless such certificate be presented. The fee for a plumber’s license
for the first year shall be one hundred dollars ($100.00) and the
renewal fee shall be twenty dollars ($20.00) each year. The license of
any person presently licensed shall be considered a renewal. All
licenses shall expire on December 31st of each year and shall not be
transferable. The Plumbing Inspector may suspend for a definite
period or may revoke any license issued hereunder for a just cause.
4-504. BOND. No person, firm or corporation shall engage in business within
the city as a plumber without first posting with the City Clerk a surety
bond in the amount of two thousand dollars ($2,000.00). Such surety
bond shall be approved by the Plumbing Inspector and provide that
such person, firm or corporation will faithfully comply with the
provisions of state laws and city ordinances related to plumbing and
that such person, firm or corporation will indemnify and save the city
harmless from all costs of damages sustained by persons or property
because of the carelessness and negligence of the principal in
conducting such plumbing business. Bonds shall be in force at all
times and remain in force and effect for a period of one (1) year after
the completion of the work.
4-505. INSURANCE REQUIREMENTS. No person shall perform any
plumbing work in the city without first filing with the City Clerk
evidence of a current policy of public liability insurance in the following
amounts: minimum - one hundred thousand dollars ($100,000.00)
bodily injury liability and twenty thousand dollars ($20,000.00) for the
loss, destruction or injury of any property. Such policy shall be
conditioned or extended to cover and include within its terms all
employees and agents of the insured.
4-506. PENALTY. Any person, firm or corporation violating any of the
provisions of this article shall upon conviction thereof be fined in any
sum not exceeding five hundred dollars ($500.00) or be imprisoned for
not to exceed thirty (30) days, or be both so fined and imprisoned.
ARTICLE 6. MECHANICAL CODE
4-601. INTERNATIONAL MECHANICAL CODE INCORPORTED BY
REFERENCE TO THE CURRENTLY ADOPTED INTERNATIONAL
BUILDING CODE REGULATING MECHANICAL STANDARDS. The
standard code known as the International Mechanical Code, as
currently adopted, is hereby Incorporated by reference herein and
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made a part of the Building Codes for the City of Herington, Kansas,
except such portions as may hereafter be deleted or amended.
4-602. DELETIONS FROM INTERNATIONAL BUILDING CODES. The
following portions are deleted from the International Building Codes as
currently adopted:
(d) No such deletions are currently made.
4-603. GAS INSPECTOR. The Plumbing Inspector shall perform the duties of
Gas Inspector. The Plumbing Inspector shall inspect and test all new
installations of gas piping and all extensions to or alterations of old
installations in all buildings and structures; shall enforce, or cause to
be enforced the provisions of this article; shall have the right, during
reasonable hours, to enter any building for the purpose of making any
inspection; and shall keep a record of all inspections of gas piping.
4-604. INSPECTIONS. The person installing or altering any gas piping in any
building or structure shall notify the Inspector when such work is ready
for inspection. The whole system of gas piping shall be properly
arranged for the Inspector to test the same. No Gas piping shall be
concealed from view until the same has been inspected and approved
by the Inspector. If upon inspection and test the gas piping in any
building shall be found to comply with the requirements of this article,
the Inspector shall issue a certificate of satisfactory inspection and
shall attach a signed approval of such work. If, upon inspection and
test, the installation does not comply with the requirements of this
article, the Inspector shall at once notify the owner or agent of the
building and the person installing such work and shall order such
defects as found to be changed, rearranged or removed within five (5)
days. Gas shall not be permitted to flow through such piping until the
installation has been inspected and approved by the inspector.
4-605. PERMITS REQUIRED. Any person desiring to install, alter, repair or
extend any gas piping in any building or structure shall make
application to the City Clerk for a permit therefor. Such application
shall contain the location of such building, name and address of the
owner and full and complete statement of the work proposed.
4-606. FEES. No certification of inspection shall be issued until there shall
have been paid to the City Clerk an inspection fee of twenty dollars
($20.00) per hour.
4-607. PENALTY. Any person, firm, or corporation violating any of the
provisions of this article shall, upon conviction thereof, be fined in any
sum not exceeding five hundred dollars ($500.00), or be imprisoned
not to exceed thirty (30) days, or be both so fined and imprisoned.
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ARTICLE 7. BUILDING RELOCATION
4-701. PERMIT REQUIRED. It shall be unlawful for any person, firm, or
corporation to move, haul, or transport, upon or across any street,
alley or sidewalk in this city, any house, building, or other structure
which exceeds the height, width, size or weight limitations provided by
the laws of the State of Kansas for motor vehicles, after having been
placed in final position for moving, without first obtaining a permit to do
so as hereinafter provided.
4-702. BUILDINGS CONFORM TO EXISTING STRUCTURES IN AREA. No
permit shall be issued therefor, and no building shall be moved into, or
from one location to another in the city unless the general height and
outward appearance of such building conforms to the other buildings
in the block to which it is to be moved and in the block opposite, to
such an extent that its relocation shall have no substantial adverse
effect on property values in the neighborhood.
4-703. APPLICATION FOR PERMIT. All applications for moving permits shall
be made in writing, upon forms provided by the City Clerk and shall be
filed in the office of the City Clerk. The application shall include the
day and hour the proposed moving is to commence and the route to
be traveled. If it is to be necessary to cut, raise, or in any way interfere
with any wires, poles, or other equipment, the application shall state
the name of the owners of such wires, poles, or equipment, and the
time and place when and where the removal of said poles or the
cutting, raising or otherwise interfering with wires or other equipment
will be necessary. The application shall be made not less than forty-
eight (48) hours before the moving is to commence. The application
shall be accompanied by a permit fee in the amount of actual cost
(expenses incurred by the city). Appeals may be taken from the
decisions of the City Clerk to the Board of Zoning Appeals.
4-704. APPLICATION; DETAILED DESCRIPTION. In making application to
move a building, the applicant shall furnish a detailed description of
the building and the improvements, repairs or alterations to be made
to it (including type, size and extent of foundation, type of exterior
siding and roofing, extent of plumbing and electrical work) which shall,
upon approval, become a part of the building permit. All buildings
which are moved shall be set upon foundations and finished within six
(6) months from the date of the permit. Buildings shall be inspected
for structural stability before structural members (including floor joists,
bearing walls and partitions, ceiling joists and roof trusses) are
covered up. Members found to be unsafe shall be replaced and a
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reinspection called for. Plumbing and electrical systems shall meet all
of the applicable requirements of the city codes.
4-705. NOTIFICATION OF WIRE OWNERS. Upon the filing of such
application the City Clerk shall give not less than twenty-four (24)
hours notice, with all pertinent information, to the owners of the wires,
poles, or other equipment to be affected by such moving.
4-706. DUTY OF OWNERS OF WIRES, POLES AND OTHER EQUIPMENT.
It shall be the duty of the person, firm or corporation owning or
operating any of said poles, wires or other equipment to furnish
sufficient and competent linemen or workmen to remove such poles or
raise or move such wires or other equipment as may 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, unless the wires be less than eighteen (18) feet above
the street, in which case the owners of the wires shall stand the
expense of moving them.
4-707. NOTIFICATION; CHIEF OF POLICE. The Chief of Police shall be
notified by the City Clerk upon the filing of any application hereunder
and shall examine the proposed route. If it shall appear that no other
route may be used equally well and with less danger to persons and
property then the chief may designate such other route as the one to
be used. The police chief may also require such other safety
measures to be taken as he shall deem advisable. The police chief
shall inspect, from time to time, the progress of such moving to see
that it is being done properly and in accordance with the provisions of
this article and other applicable ordinances and laws.
4-708. DUTIES OF THE MOVER. The holder of a moving permit granted
hereunder shall observe all statues, ordinances, rules and regulations
relating to his or her operations and the relocating of the building in
the city, including the cutting and trimming of trees.
4-709. BOND: INSURANCE. All applications for a permit hereunder shall be
accompanied by a bond, to be approved by the City Manager,
executed by a bonding or surety company authorized to do business
in the State of Kansas, in an amount of not less than twenty-five
thousand dollars ($25,000.00), conditioned upon saving harmless the
City of Herington from any and all claims for personal injury or
property damage caused directly or indirectly by the applicant’s
operations under a permit granted hereunder, and conditioned further
upon the payment by the applicant of any and all damage to persons
or property caused by negligence of the applicant, his or her agents or
employees. A public liability insurance policy, issued by an insurance
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company authorized to do business in the State of Kansas, and
conforming to this section may be permitted in lieu of a bond.
4-710. STANDARDS FOR ISSUANCE OF PERMIT. The City Clerk shall
refuse to issue a permit hereunder if he or she finds that any
application requirement has not been complied with or that for any
reason persons or property in the city would be endangered by the
moving of the building or other structure, or that the building code, or
other ordinances would be violated by the building in its new location.
ARTICLE 8. BUILDING DEMOLITION
4-801. PERMIT. It shall be unlawful for the owner or owners of any house,
building or structure to wreck or tear down, or cause to be wrecked or
torn down any house, building or structure in any manner whatsoever,
or for any person, firm or corporation to assist in the wrecking,
dismantling, or tearing down of any house, building or other structure
without first obtaining a permit for such work.
4-802. PERMIT APPLICATIONS. Applications for permits to wreck, tear
down, or dismantle any structure shall be filed with the City Clerk and
shall set out the description of the structure and its location and
detailed plans of the proposed work.
4-803. BOND. No permit to wreck, dismantle, or tear down any house,
building or other structure shall be issued or granted until the owner or
owners shall have filed with the City Clerk a bond in an amount to be
fixed by the City Manager. The bond shall be signed by not less than
two (2) sureties to be approved by the City Manager or until, in the
alternative, the owner or owners shall have paid to the City Clerk a
cash deposit in an amount fixed by the City Manager. The bond or
cash deposit shall be for protection of the city, the public, and adjacent
lot owners and shall be to secure the payment of all damages of any
kind or nature arising from the operations of wrecking, dismantling, or
tearing down of the house, building, or other structure and to secure
the strict compliance of the owner or owners and the person, firm, or
corporation assisting in such operations with the provisions of this
article regulating the wrecking, dismantling or tearing down of such
house, building or other structure. A public liability insurance policy,
issued by an insurance company authorized to do business in the
State of Kansas, and conforming to this section may be permitted in
lieu of bond.
4-804. DEMOLITION; REQUIREMENTS. Every person or persons, who shall
wreck, dismantle, or tear down any house , building, or other structure,
shall within ninety (90) days from the start of the work of wrecking,
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dismantling, or tearing down unless a shorter time is specified by the
permit, clear or cause to be cleared form the lot, lots, or tract left
vacant by such moving, all trash, debris, junk, and discarded building
materials not to be used immediately in rebuilding and shall remove all
foundations or parts of foundations at least one (1) foot below ground
level unless another house, building, or other structure is to be erected
immediately upon the foundations, as specified in the application for
the permit; and shall fill in all open wells and cisterns and all cellars,
basements, or other excavations remaining on such lot, lots, or tract,
unless the same are to be used immediately in connection with other
structures to be erected.
4-805. PUBLIC SAFETY. It shall be unlawful for the owner or any person,
firm or corporation assisting in the work or wrecking, dismantling, or
tearing down any house, building, or other structure, to leave any
structure, portion of a structure, building materials, or any excavation
in such a condition as to constitute a menace to the public health or
safety or to constitute a fire hazard or which may be or may become a
nuisance.
4-806. FAILURE TO COMPLETE WORK. Upon the failure or neglect of the
owner or owners of such house, building, or other structure or of any
person, firm or corporation assisting in the work of wrecking,
dismantling, or tearing down such house, building, or other structure to
fully comply with the provisions of Section 4-804 of this article, the
governing body may cause all work to be done necessary for
compliance with the provisions of Section 4-804, and the bond
furnished under the provisions of this article shall secure the payment
of the expense thereof or if a cash deposit has been made, such
expense shall be deducted from such cash deposit.
4-807. PENALTY. Any person, firm or corporation violating any of the
provisions of this article or failing or refusing to perform any duty
imposed by this article shall, upon conviction thereof, be fined in any
sum not exceeding five hundred dollars ($500.00), or be imprisoned
not to exceed thirty (30) days, or be both fined and imprisoned.
ARTICLE 9. FIRE CODE
4-901. INTERNATIONAL FIRE CODE INCORPORATED BY REFERENCE
TO THE LATEST INTERNATIONAL BUILDING CODE AND NFPA-
101. The standard fire code is hereby incorporated by reference to
the latest International Building Code and NFPA-101 adopted by the
City of Herington including all Appendix Chapters adopted and
published by the International Code Council, shall be and is hereby
adopted as the Standard Fire Code of the City of Herington.
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4-902. FIRE INSPECTOR. The Fire Chief or his designated subordinates
shall perform the duties of Fire Inspector. The Fire Inspector shall
inspect and test all buildings and structures; shall enforce, or cause to
be enforced the provisions of this article; shall have the right, during
reasonable hours, to enter any buildings for the purpose of making
any inspection; and shall keep a record of all fire inspections.
4-903. RESPONSIBILITY OF FIRE CHIEF. The Fire Chief and or the chief’s
delegated subordinates will be charged with the responsibility of
insuring that controlled burns are carried out in accordance with state
and city statute.
4-904. BURNING ON PUBLIC PROPERTY PROHIBITED, EXCEPTIONS.
Burning on Public property is prohibited except for cooking purposes
in a grill, fireplace or barbecue facility, or in a designated fire pit
located at Herington Lake/Reservoir. The Fire Chief or his
subordinate shall have the right to band out door cooking and fire pit
burning on any public property if in his opinion fire safety is a concern.
4-905. OPEN BURNING ON PRIVATE PROPERTY. That no person, within
the city limits of the City of Herington, Kansas shall cause or permit
the open burning of any material except as provided in Kansas
Administrative Regulation 28-19-645, et seq. and subject to the
following:
The person starting said burn must give prior notification to the
Herington Fire Department of Herington, Kanas at 785-258-3020, or
the Dickinson County Emergency Communications Center at 785-263-
4041 or 1-888-800-0417, providing the following information:
(e) Name, address, phone number of person responsible for burn.
(f) Exact location of intended open burning operation.
(g) Type of material being burned.
(h) Time of burning operation. Person must call in prior to starting
the fire.
The responsible person shall remain in continuous attendance with
the burning operation and with the ability to extinguish the fire and
report its status if necessary to the Dickinson County Emergency
Communications Center.
No burning shall take place within 150 feet of any structure, oil tank or
vehicle(s).
No burning shall take place when wind speeds are 15 mph or greater.
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Burning shall not be initiated after sunset or before sunrise unless
conducted for agricultural or crop rotation purposes.
Burning of any type or character shall be prohibited at any time or
place within the city limits at any time that a county burn ban is in
effect as declared by Dickinson County, Kansas.
That a violation of this ordinance shall be a Class B misdemeanor with
a fine not to exceed $1,000 and/or up to six (6) months incarceration.
Prosecution shall be in the Municipal Court of the City of Herington,
Kansas. Further, any person starting said fire without complying with
the above may be ordered to make restitution for any damages done
including fire department fees and expenses.
4-908. DAMAGED STRUCTURES BY FIRE OR EXPLOSION. Be it
ordained by the Governing Body of the City of Herington, Kansas that:
(a) SCOPE AND APPLICATION. The City if hereby authorized
to utilize the procedures established by K.S.A. 40-3901 et seq.,
whereby no insurance company shall pay a claim of a named insured
for loss or damage to any building or other structure located within
the city, arising out of any fire or explosion, where the amount
recoverable for the loss or damage to the building or other structure
under all policies is in excess of seventy-five percent (75%) 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
ordinance.
(b) 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 or
explosion, where the amount recoverable for all the loss or damage to the
building or other structure under all policies is in excess of seventy-five
percent (75%) 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 (1) year prior to
the filing of a proof of loss.
(c) SAME; ENCUMBRANCES. Prior to final settlement on any claim covered by
Section (b), the insurer or insurers shall contact the County Treasurer,
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Dickinson 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, Dickinson
County, Kansas.
(d) 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.
(e) PROCEDURE.
(1) 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 seventy-
five percent (75%) 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 five thousand dollars ($5,000.00) or ten
percent (10%) of the covered claim payment, whichever is less,
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.
(2) 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.
(3) Upon the transfer of the funds as required by subsection (1) of
this section, the insurance company shall provide the city with the
name and address of the named insured or insureds, the total
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 registered mail, notifying them that said
insurance proceeds have been received by the City and apprise
them of the procedures to be followed under this ordinance.
(f) FUND CREATED; DEPOSIT OF MONEYS. The City Treasurer is hereby
authorized and shall create a fund to be known as the “Fire Insurance
Proceeds Fund.” All moneys received by the City Treasurer as provided for
by this ordinance shall be placed in said fund and deposited in an interest-
bearing account.
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(g) BUILDING INSPECTOR; INVESTIGATION, REMOVAL OF
STRUCTURE.
(1) Upon receipt of moneys as provided for by this ordinance, the
City Treasurer shall immediately notify the chief building inspector
of said receipt, and transmit all documentation received from the
insurance company or companies to the chief building inspector.
(2) Within twenty (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.
(3) Prior to the expiration of the twenty (20) days established by
subsection (2) 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.
(4) 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 late than thirty (30) days after
receipt of the moneys by the City Treasurer.
(5) Upon notification to the City Treasurer by the chief building
inspector that no proceedings shall be initiated under K.S.A. 12-
1750 et seq., as amended, the City Treasurer shall return all such
moneys received, plus accrued interest, to the insured or insureds
as identified in the communication from the insurance company or
companies. Such return shall be accomplished within thirty (30)
days of the receipt of the moneys from the insurance company or
companies.
(h) REMOVAL OF STRUCTURE; EXCESS MONEYS. If the chief building
inspector has proceeded under the provisions of K.S.A. 12-1750 et seq., as
amended, all moneys in excess of that which is ultimately necessary to
comply with the provisions for the removal of the building or structure, less
salvage value, if any, shall be paid to the insured.
(i) SAME; DISPOSITION OF FUNDS. If the chief building inspector, with regard
to a building or other structure damaged by fire or explosion, 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 (e) (1) 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 (e) (1) the chief building inspector shall
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publish a new lien as authorized by K.S.A. 12-1756, in an amount equal to
such excess expenses incurred.
(j) EFFECT UPON INSURANCE POLICIES. This ordinance shall not make the
City a party to any insurance contract, nor is the insurer liable to any party
for any amount in excess of the proceeds otherwise payable under its
insurance policy.
(k) INSURERS; LIABILITY. Insurers complying with this ordinance or
attempting in good faith to comply with this ordinance shall be immune
from civil and criminal liability and such action shall not be deemed in
violation of K.S.A. 40-2404 and any amendments thereto, including
withholding payment of any insurance proceeds pursuant to this ordinance,
or leasing or disclosing any information pursuant to this ordinance.
4-909. PENALTY. Any person, firm, or corporation violating any of the
provisions of this article shall, upon conviction thereof, be fined in any
sum not exceeding five hundred dollars ($500.00, or be imprisoned not
to exceed thirty (30) days, or be both so fined and imprisoned.
ARTICLE 10. ENVIRONMENTAL CODE
4-1001. 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.
4-1002. PURPOSE. The purpose of this article is to protect, preserve,
upgrade, and regulate the environmental quality of industrial,
commercial and residential neighborhoods in this city, by outlawing
conditions which are injurious to the health, safety, welfare or
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aesthetic characteristics of the neighborhoods and to provide for the
administration and enforcement thereof. (Code 1988)
4-1003. RULES OF CONSTRUCTION. For the purpose of this article, the
following rules of construction shall apply:
(a) 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.”
(b) Gender - Words of gender shall be construed to mean neuter,
feminine or masculine, as may be applicable.
(c) Number - Words of number shall be construed to mean
singular or plural, as may be applicable.
(d) Tense - Words of tense shall be construed to mean present or
future, as may be applicable.
(e) Shall - The word shall is mandatory and not permissive. (Code
1988)
4-1004. DEFINITIONS. The words and phrases listed below when used in this
article shall have the following meanings:
(a) Abandoned Motor Vehicle - any motor vehicle which is not
currently registered or tagged pursuant to K.S.A. 8-126 to 8-149
inclusive, as amended; or parked in violation of the code; or
incapable of moving under its own power; or in a junked or wrecked
condition.
(b) 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.
(c) Commercial or Industrial - used or intended to be used
primarily for other than residential purposes.
(d) 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.
(e) 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.
(f) 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.
(g) 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
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any premises, regardless of status as owner, renter, tenant or
lessee, whether or not in possession.
(h) 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.
(i) Refuse - garbage and trash.
(j) Residential - used or intended to be used primarily for human
habitation.
(k) 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.
(l) 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.
(m) Weathered - deterioration caused by exposure to the
elements.
(n) Yard - the area of the premises not occupied by any structure.
4-1005. PUBLIC OFFICER. The city manager shall designate a public officer
to be charged with the administration and enforcement of this article.
4-1006. 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 but shall not include conditions which are not readily visible
from any public place or from any surrounding private property.
4-1007. 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:
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(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;
(4) Missing or broken doors and/or windows;
(5) Known or reasonably suspected utility problems;
(6) Evidence of the presence of vermin;
(7) Extended vacancy with regular maintenance;
(8) Lack of heat, water, sewer, gas, or electricity;
(9) Fire or other suspected hazard dangerous for human
occupation.
4-1008. NOTICE. Any person found by the public officer to be in violation of
section 8-208 shall be sent a notice of such violation by the public
officer. The notice shall be sent by certified mail, postage prepaid,
return receipt requested. The notice shall state:
(a) The condition which has caused the violation of this article;
and
(b) That the person in violation shall have:
(1) 15 days from the date of the mailing of the notice to alleviate
the exterior conditions (yard) violation; and/or;
(2) 45 days from the date of the mailing of the notice to alleviate
the exterior conditions (structure) violation; or in the alternative
to subsections (1) and (2) above,
(3) 15 days from the date of the mailing of the notice to request,
as provided in section 8-213 a hearing before the governing
body on the matter; and
(c) That failure to alleviate the condition or to request a hearing
may result in prosecution under Section 10 and/or abatement of the
condition by the city according to Section 11 with the costs
assessed against the property under Section 14.
4-1009. PENALTY. The public officer may file a complaint in the municipal
court against any person found to be in violation of Section 8, provided
however, that such person shall first have been sent a notice as
provided in Section 9 and that the person has neither alleviated the
conditions causing the alleged violation nor requested a hearing
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before the governing body within the time periods specified in Section
9. Upon such complaint in the municipal court, any person found to be
in violation of Section 8 shall upon conviction be punished by a fine of
not less than $50 nor more than $100, or by imprisonment, for not
more than 30 days, or by both such fine and imprisonment, for each
offense. Additionally, the Court may order the premises vacated as
warranted until the nuisance is fully abated. 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.
4-1010. ABATEMENT. In addition to, or as an alternative to, prosecution as
provided in section 8-210, the public officer may seek to remedy
violations of this article in the following manner. If a person to whom a
notice has been sent pursuant to section 8-209 has neither alleviated
the conditions causing the alleged violation nor requested a hearing
before the governing body within the time periods specified in Section
9, the public officer may present a resolution to the governing body for
adoption authorizing the public officer or other agents of the city to
abate the conditions causing the violation at the end of 20 days after
passage of the resolution. The resolution shall further provide that the
costs incurred by the city shall be assessed against the property as
provided in Section14.
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, postage prepaid, 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 conditions exist.
4-1011. HEARING BEFORE GOVERNING BODY. If a hearing is requested
within the 15 day period as provided in Section 9 such request shall
be made in writing to the governing body. Failure to make a timely
request for a hearing shall constitute a waiver of the person’s right to
contest the findings of the public officer before the governing body.
The hearing shall be held by the governing body as soon as possible
after the filing of the request 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
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body. The hearing need not be conducted according to the formal
rules of evidence. Upon conclusion of the hearing, the governing body
shall record its determination of the matter by means of adopting a
resolution and serving the resolution upon the person in the manner
provided in Section 11.
4-1012. APPEALS. Any person affected by any determination of the
governing body under sections 8-211 or 8-212 may appeal such
determination in the manner provided by K.S.A. 60-2101. (Code 1988)
4-1013. COSTS ASSESSED. If the city abates the conditions in violation of
this article pursuant to Section 11, the cost of abatement shall be
charged against the lot or parcel of ground on which the conditions
were located. The city clerk shall, at the time of certifying other taxes
to the county clerk, certify the costs as provided in this section. The
county clerk shall extend the same on the tax roll and it shall be
collected by the county treasurer and paid to the city as other city
taxes are collected and paid.
4-1014. 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.
ARTICLE 11. EXCAVATION PERMITS
4-1101. EXCAVATION PERMITS REQUIRED. Any excavation within the City
of Herington, including any property held, under the exclusive control
of, or owned by the City exclusive of street and alley opening permits
and emergency excavation by the city for the purpose of maintaining
potable water and sanitary leads, sewer repair, and electrical service
repair shall have, prior to undertaking any excavation, have procured
a lawful permit through the City. Street and alley openings shall have
a street excavation permit as required in Sections 6-508 through 6-
510 of this Code inclusive.
4-1102. REQUIRED INFORMATION FOR PERMIT ISSUANCE. All
excavation permits shall contain information identifying the location,
dimensions, setbacks, whether permanent or temporary, purpose, and
if temporary, the length of time the excavation shall exist. All forms for
issuance of such permits shall be provided by the City of Herington.
4-1103. PUBLIC PROTECTION. Excavations, permanent or temporary, shall
be enclosed by fence of no less than four feet in height. Temporary
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fences shall be made of a blaze orange material, snow fencing, or a
woven wire material placarded in blaze orange. Permanent
excavations shall be enclosed of a permanent fence or wall not less
than four (4) feet in height and of sufficient design as to reasonably
protect the public from injury.
4-1104. NOTIFICATION. Any holder of an excavation permit issued by the
City of Herington shall contact the necessary public entities including
but not limited to Kansas Dig Safe (1-800-Dig Safe;
1-800-344-7233) and no excavation shall commence before the Dig
Safe representative identifies underground utilities.
4-1105. PENALTY. Failure to obtain an Excavation Permit as required herein
shall be deemed a violation of City Code and, upon conviction, a fine
of not less than $100.00 nor more than $500.00 per day shall be
levied. The excavation shall be ordered closed forthwith. Each day
following the date of the order of closure issued by the City of
Herington shall constitute a separate offense.
CHAPTER V. PUBLIC OFFENSES
Article 1. Public Offenses
Article 2. Traffic Offenses and Regulations
Article 3. Impoundment of Vehicles
Article 4. Hazardous Materials
Article 5. Emergency Environmental Response
Article 6. Possession, Use, & Sale of Fireworks
_____________
ARTICLE 1. PUBLIC OFFENSES
5-101. UNIFORM PUBLIC OFFENSE CODE INCORPORATED BY
REFERENCE. The standard code known as the “Uniform Public
Offense Code for Kansas Cities, Edition of 2011,” sponsored by The
League of Kansas Municipalities, except for such portions as are
hereinafter deleted, modified or amended, is hereby incorporated by
reference and shall be as much a part of this article as if set out in full
herein. No fewer than three (3) copies of the uniform code shall be
marked or stamped “Official Copy as Incorporated by Ordinance No.
1734” and shall be filed with the City Clerk to be open for inspection
and available to the public at all reasonable hours of business,
provided that Sections 10.6 which prohibits the operation or discharge
of any air gun, except within the confines of a building or other
structure from which the projectiles cannot escape, shall not be
applicable if the Governing Body has adopted a resolution authorizing
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the operation and discharge of certain air guns, commonly known as
“paint ball guns” within an area of the city and during a time specified
by such resolution. All sections or portions of the filed copies shall be
clearly marked to show deletions or amendments from the standard
code.
5-102. UNLAWFUL POSTING. It shall be unlawful for any person, firm, or
corporation to post or place or cause to be posted or placed any
written or printed materials upon any public property or upon private
property without the consent of the owner thereof. Unlawful posting is
an unclassified misdemeanor.
5-103. BLOCKING CROSSINGS. It shall be unlawful for any person having
charge, control of management of any railway engine, car or train to
cause or permit the same to obstruct any street for more than ten (10)
minutes at any one time. Blocking crossings is an unclassified
misdemeanor.
5-104. CURFEW.
(a) It shall be unlawful for any person under the age of eighteen
(18) years to be in, upon or about any public street, alley, sidewalk,
public park, public parking lot or other outdoor areas open to general
public access within the City after the hour of 11:00 p.m. on Sunday
through Thursday and before the hour of 5:00 a.m. the following day,
or after the hour of 12:00 midnight on Friday or Saturday and before
5:00 a.m. the following day.
(b) The above provisions shall not apply under the following
circumstances:
(1) When the person, while in, on or about such prescribed
areas, is at all times accompanied by his or her parent or legal
guardian;
(2) When the person is traveling by the most direct route to or
from such person’s place of employment, or to or from a church,
school or organized recreational activity that is sponsored or
supervised by one or more adults;
(3) When the person is engaged in normal travel through the
City by a direct, continuous route, or is engaged in normal travel by a
direct route between a location outside the City and a location inside
the City; or
(4) When the person is traveling by the most direct route to a
destination under circumstances of an emergency nature
necessitating such travel at such time.
(c) Any law enforcement officer finding a person under the age of
eighteen (18) years in, upon or about any public street, alley,
sidewalk, public park, public parking lot or other outdoor areas open to
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general public access within the City between the hours as designated
in subsection (a) above may stop such person and ascertain the name
and address of the person and determine if such person is in violation
of the curfew restrictions. If any such person refuses to give his or her
correct name or address, or is found to be in violation of the curfew
restrictions, such person shall be taken to the police station and held
until a parent or legal guardian of such person, or some other adult
having the care or custody of such person, can be contacted and take
charge of such person.
(d) It shall be unlawful for any parent, guardian or other person
lawfully entitled to the care, custody or control of a person under the
age of eighteen (18) years to knowingly cause or permit such person
to be in violation of the curfew.
(e) Any violation of the above curfew provisions shall be
punishable as and for a Class C violation under the Uniform Public
Offense Code as adopted by the City.
5-105. POSSESSION OF MARIJUANA. It shall be unlawful for any person
to possess or have under such person’s control the substance
commonly known as marijuana or any substance which contains any
quantity of the hallucinogenic substances known as
tetrahydrocannabinols. Possession of marijuana is a Class A
Misdemeanor.
5-106. DRUG PARAPHERNALIA. The provisions of K.S.A. 65-4150 through
65-4157, inclusive, and K.S.A. 65-4171 through 65-4175, inclusive, all
as amended, are hereby incorporated by reference. Possession of
drug paraphernalia is a Class A violation.
5-107. FAILURE TO APPEAR OR COMPLY.
(a) It shall be unlawful for any person to fail to appear in court at
the appointed time to respond to a traffic citation, complaint,
summons, or warrant.
(b) It shall be unlawful for any person to fail to pay in full any fine or
court cost imposed by the court or to fail to comply with any other
order issued by the court.
(c) Any person who forfeits a cash bond in accordance with the
established bond schedule for a traffic citation not requiring
appearance shall not be considered in violation of this article.
(d) Failure to appear or comply is an unclassified misdemeanor.
(e) Any person violating this article shall be punished pursuant to
the penalties listed in the Uniform Public Offense Code.
5-108. PROHIBITED NOISES.
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(a) Statement of intent. No provision of this section shall be
constructed to limit or abridge the rights of any person to speak,
peacefully assemble and express opinions. It is the purpose of this
section to protect individuals from unreasonable intrusions caused by
excessive, unnecessary or unusually loud noises.
(b) Definitions. As used in this section:
(1) Emergency means any occurrence or set of
circumstances involving actual or imminent physical trauma or
property damage or loss which demands immediate action.
(2) Motorcycle means every vehicle defined as a motorcycle in
the standard traffic ordinance as adopted by the city.
(3) Motorized bicycle means every vehicle defined as a
motorized bicycle in the standard traffic ordinances as adopted
by the city.
(4) Motor vehicle means every vehicle defined as a motor
vehicle in the standard traffic ordinances as adopted by the city.
(5) Neighboring inhabitants includes those persons in single-
family dwellings, multiple-family dwellings, boarding house
rooms, hotel or motel rooms within the vicinity of the noise.
(6) Noise means any sound which annoys or disturbs or
which causes or tends to cause an adverse psychological or
physiological effect on humans.
(7) Noise disturbance means any sound which:
a. Endangers or inures the safety or health of humans or
animals;
b. Annoys or disturbs a reasonable person of normal
sensitivities; or
c. Endangers or injures personal or real property.
(8) Person means any individual, association, partnership, or
corporation and includes any officer, employee, department,
agency or instrumentality of state or any political subdivision of
a state.
(9) Powered model vehicle means any self-propelled
airborne, waterborne, or land borne plane, vessel, or vehicle,
which is not designated to carry persons including, but not
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limited to, any model airplane, boat, car or rocket.
(10) Public right-of-way means any street, avenue, boulevard,
highway, sidewalk, or alley.
(11) Real property boundary means single-family, two-family
or multifamily zoning district classifications.
(12) Residential area means the property line along the
ground surface and its vertical extension, which separates the
real property owned by one person from that owned by another
person.
(13) Sound means an oscillation in pressure, particle
displacement, particle velocity or other physical parameter in a
medium with internal or interval forces that cause compression
and rarefaction of that medium, and which propagates at finite
speed. The description of sound may include any characteristic
of such sound, including duration, intensity, and frequency.
(c) General Prohibitions. In addition to the specific prohibitions
outlined in this section, no person shall unreasonably make,
continue, or cause to be made, continued, or permitted, any noise
disturbance. This section shall not apply to noncommercial public
speaking and public assembly activities conducted on any public
space or public right-of-way which is otherwise authorized.
(d) Specific Prohibitions. The following acts, and the causing or
permitting thereof, are hereby declared to be in violation of this
section:
(1) Emergency signaling devices. It shall be unlawful to
intentionally sound or permit the sounding outdoors of any fire,
burglar or civil defense alarm, siren, whistle, or similar stationary
emergency signaling device, except for emergency purposes or
for testing, as provided in this section. Testing of a signaling
device shall not occur before 7:00 a.m. or after 10:00 p.m. or the
closing time of a commercial establishment, whichever shall
occur later. Any such testing shall use only the minimum cycle
test time.
(2) Powered Model Vehicle. It shall be unlawful to operate or
permit the operation of a powered model vehicle or vehicles so
as to create a noise disturbance across a residential real
property boundary or in a public space between the house of
10:00 p.m. and 7:00 a.m.
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(3) Radios, Television Sets, Musical Instruments, and Similar
Devices. It shall be unlawful to operate, play, or permit the
operation or playing of any radio, television set, phonograph,
drum, musical instrument, or similar device:
(a) In such manner as to disturb the peace, quit and comfort
of the neighboring inhabitants; or
(b) In such a manner as to create a noise disturbance across
a residential, real property boundary; or
(c) At any time with louder volume than is necessary for
convenient hearing for the person or persons who are in
the room, vehicle or chamber in which such instrument or
device is operated and who are voluntary listeners
thereto; or
(d) In such a manner as to create a continuing noise
disturbance at fifty (50) feet (15.25 meters) from such
device, when operated in or on a motor vehicle on a
public right-of-way or space open to the public.
(4) Vehicle or Motorboat Repairs and Testing. It shall be
unlawful to repair, rebuild, modify, or test any motor vehicle,
motorcycle, motorized bicycle, or motorboat in such a manner
as to cause a noise disturbance across a residential real
property boundary in any residential district, between the hours
of 10:00 p.m. and 7:00 a.m.
(e) Abatement Orders. In lieu of issuing a notice of violation, any
city law enforcement officer may issue an order requiring the
immediate abatement of any source of sound in violation of this
section.
(f) Violation Described; Abatement. No person shall congregate
with the other persons because of, participate in, or be in any party or
gathering of people from which sound emanates of a sufficient volume
so as to be a violation of this section. No person shall visit or remain
within any residential dwelling unit wherein such party or gathering of
people is taking place except persons who have gone there for the
sole purpose of abating said disturbance. A police officer shall order
all persons present in any group or gathering from which such sound
emanates, other than owners or tenants of the dwelling unit, to
immediately disperse in lieu of being charged under this section;
failure to disperse shall subject such person or persons to being so
charged. Owners or tenants of the dwelling unit shall immediately
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abate the disturbance and, failing to do so, shall be in violation of this
section.
(g) Notice of Violation. Except where a person is acting in good
faith to comply with an abatement order issued pursuant to this
section any violation shall be cause for a notice of violation to be
issued by any city law enforcement officer.
(h) Other Remedies. No provision of this section shall be
construed to impair any common-law or statutory cause of action, or
legal remedy there from, of any person for injury or damage arising
from any violation of this section.
(i) Exception. Provided, however, that the provisions of this section
shall not apply to the following:
(1) The emission of sound for the purpose of alerting persons
to the existence of an emergency or for the performance of
emergency work
(2) Noise resulting from activities of a temporary duration
planned by school/university, governmental or community
groups
(3) Trash and waste pickup operations
(4) Church bells and campanile chimes
(5) Railroads
(6) Air conditioners
(7) Motorized lawn and garden implements
(j) Penalty. Any person, firm or corporation violating any provision
of this section shall be fined not more than five hundred dollars
($500.00) for each offense; and a separate offense shall be deemed
committed on each day during or on which a violation occurs or
continues.
5-109. PENALTY. Any person violating any of Sections 5-102 through 5-108
shall be punished pursuant to the applicable penalties listed in the
Uniform Public Offense code.
5-110. POSSESSION OF ALCOHOLIC LIQUOR OR CEREAL MALT
BEVERAGE. It shall be unlawful for any person to have in his or her
possession any alcoholic liquor or cereal malt beverage not in its
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original, unopened container upon any public street, alley, sidewalk,
road, highway or any place generally open to the public and not
licensed to sell cereal malt beverage for consumption on the
premises, or within any vehicle while upon any of these said places,
except as provided by Section 3-204.
5-111. TEMPORARY SUSPENSIONS. The provisions of Section 5-110 may
by resolution of the governing body be suspended for such period of
time and such places as designated by such duly adopted resolution.
5-112. PENALTY. Any person convicted of violating Section 5-110 shall,
upon conviction, be fined in any sum not to exceed Five Hundred
Dollars ($500.00) or confined in jail for a term not to exceed Thirty (30)
days.
ARTICLE 2. TRAFFIC OFFENSES AND REGULATIONS
5-201. STANDARD TRAFFIC ORDINANCE INCORPORATED BY
REFERENCE. The standard code known as “Standard Traffic
Ordinance for Kansas Cities, Edition 2011,” prepared by The League
of Kansas Municipalities, except such portions as are hereinafter
deleted, modified or amended, is hereby incorporated by reference
and shall be as much a part of this article as if set out in full herein.
The filed copies of the code shall be marked or stamped “Official Copy
as Incorporated by Ordinance No. 1733”. All sections or portions of
the filed copies shall be clearly marked to show deletions or
amendments from the standard code.
5-202. TRAFFIC CONTROL DEVICES AND MARKINGS. The Standard
Traffic Ordinance as adopted is hereby modified by adding thereto the
following: The City Manager shall 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 Chief of Police shall place and
maintain such traffic control signs, signals and devices when and as
may be required 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 Herington 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. The Manual on Uniform Traffic Control Devices, Millennium
Edition, published by the U. S. Department of Transportation, Federal
Highway Administration, is adopted and incorporated by reference in
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it’s entirety and shall be as much a part of this article as if set out in
full herein. The filed copies of the manual shall be marked or stamped
“Official Copy as Incorporated by Ordinance No. 1582.” All sections or
portions of the filed copies shall be clearly marked to show deletions
or amendments from the standard manual.
5-203. CARELESS DRIVING.
(a) It shall be unlawful for any person to operate a vehicle in a
careless heedless, or inattentive manner, or without due caution or
circumspection, or in any manner not constituting reckless driving, but
so as to endanger or be likely to endanger any person or property.
(b) Any person violating this ordinance shall be punished pursuant
to the general penalty provisions of the Standard Traffic Ordinance.
5-204. PARKING OF CERTAIN VEHICLES AND EQUIPMENT.
(a) It shall be unlawful for any person to cause or allow any truck with a
registered gross weight of 24,000 pounds or more, truck tractor,
trailer, semi-trailer, transport, implement or machinery, which is
registered in the name or under the control of such person, to be
parked for a period of two (2) hours or more upon any street, alley, or
public right-of-way.
(b) Any person violating this section shall be subject to the penalty set forth in
Section 1-811.
5-205. OPERATION OF OFF-ROAD VEHICLES PROHIBITED ON CITY
STREETS. For purposes pertinent to this Article, "Off-road
Vehicles" shall include, but are limited to three and four wheel all-
terrain vehicles, go-carts, dune buggies, midget vehicles and any
other motorized vehicle not required by law to have a license plate.
This Ordinance does not pertain to farm tractors or farm implements
when used for agricultural purposes, nor shall it pertain to the above
mentioned vehicles when used for legitimate agricultural purposes, or
lawnmowers. Exceptions may be made for vehicles used by
handicapped persons with authorization to be granted by the Police
Chief and for such vehicles used in parades and other official city
events.
For purposes pertinent to this Article, “Utility Vehicle”, means a motor
vehicle that has not less than three 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, is designed to carry not
more than four persons, including the driver and is not expressly
prohibited for operation within the city limits under this or any other
Article of the Herington City Code as currently adopted. Utility vehicles
contemplated and included under this definition may include but are
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not limited to various motorized vehicles commonly known or referred
to as Golf carts, Mules, or Gators. Any other similar vehicles are
expressly subject to City Manager approval prior to issuance of any
permit required under Section 5-210 herein.
This ordinance does not pertain to or authorize use of “All-Terrain
Vehicles”, farm tractors, or farm implements within the city limits when
used for agricultural purposes, nor shall it pertain to utility vehicles
when used for agricultural purposes. Further, this Article does not
pertain to or authorize use of any form of riding lawnmower on public
streets within the city limits. Exceptions may be made for vehicles
used by handicapped persons and for such vehicles used in parades
and other official city events with authorization in either case to be
granted by the City Manager or Police Chief.
No all-terrain or off-road vehicles may be operated within the limits of
the City, except that a person may operate such a vehicle on real
property owned by the person or upon private real property with the
written permission of the owner of said real property. No all-terrain or
off-road vehicle shall be operated for agricultural purposes by an
operator that does not have a valid Kansas driver’s license.
5-206. OPERATION OF UTILITY VEHICLES.
(a) Utility vehicles, as defined or authorized in this section, may be
operated upon the public highways, streets, roads and alleys within
the corporate limits of the city; provided, however, that no utility
vehicle may be operated upon any public highway, street, road and
alley with a posted speed limit in excess of 30 miles per hour. No
utility vehicle shall be operated on any interstate highway, federal
highway or state highway; provided, however, that the provisions of
this subsection shall not prohibit a utility vehicle from crossing a
federal or state highway with a posted speed limit greater than 30
miles per hour.
(b) No utility vehicle shall be operated on any public highway,
street, road or alley between sunset and sunrise and any such vehicle
operated on any public highway, street, road or alley shall be
equipped with all lighting required of any personal vehicle including
but not limited to headlights, brake lights, and turn signals.
(c) Every person operating a utility vehicle 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.
5-207. SAME: VALID DRIVER’S LICENSE REQUIRED; PENALTY. No
person shall operate a utility vehicle on any public highway, street,
road or alley within the corporate limits of the city unless such person
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has a valid driver’s license. Violation of this section is punishable by a
fine of not more than $500.00 or by imprisonment for not more than
ninety (90) days or by both such fine and imprisonment.
5-208. SAME; DEFINITION: “Utility Vehicle”, for purposes of this section,
means a motor vehicle that has not less than three 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, is
designed to carry not more than four persons, including the driver and
is not expressly prohibited for operation within the city limits under
Section 2-205 of this Article as an “All-Terrain Vehicle” or “Off-Road
Vehicle” .
5-209. SAME; PENALTY. Unless specifically provided herein, a violation of
this section shall be deemed an ordinance traffic infraction. Upon an
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, 2011 Standard Traffic Ordinance, and amendments thereto, or
such other similar provision as the City may then have in effect.
5-210. PERMIT REQUIRED. Any such utility vehicle to be operated within
the city limits of the City of Herington, Kansas shall be authorized to
do so by permit granted by the City. Any owner shall, prior to
operation within the city limits, make proper application with the City
and receive a permit authorizing such operation. Any submitted
application is subject to review by the City Manager or his designate
for qualification of the utility vehicle as permissible under Section 2-
206 of the Article and shall be assessed an annual permit fee of ten
dollars ($10.00) which must be paid prior to issuance of any required
permit.
5-211. SAME; INSURANCE REQUIRED; PENALTY:
(a) Every owner of a utility vehicle, as defined herein, shall provide
liability coverage in accordance with Section 200 of the 2011 Standard
Traffic Ordinance, and amendments thereto, or such other similar
provision as the City may then have in effect 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 2011 Standard Traffic
Ordinance, and amendments thereto, or such other similar provision
as the City may then have in effect, including penalty provisions, shall
be applicable to all owners and operators of utility vehicles.
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ARTICLE 3. IMPOUNDMENT OF VEHICLES
5-301. IMPOUNDMENT OF VEHICLES. The Chief of Police, or any law
enforcement officer, or any person authorized to act thereunder may
tow or cause to be towed and removed and impounded any vehicle
from any street, alley, or highway, sidewalk, or any public right-of-way,
or public property without the permission of the owner, under the
following circumstances:
(a) When any vehicle is left unattended upon any bridge, roadway,
street, alley, public right-of-way or public property where such vehicle
obstructs the normal traffic flow.
(b) When any vehicle is disabled and inoperable and such vehicle
obstructs the normal traffic flow.
(c) When a vehicle is illegally parked and it constitutes a traffic
hazard or disrupts the natural flow of the traffic.
(d) When the driver of a vehicle is taken into custody by law
enforcement authorities and such vehicle would thereby remain
unattended.
(e) When the removal of a vehicle is necessary in the public’s
interest because of snow, flood, fire, storm, or other reasons that may
constitute an emergency.
(f) When any vehicle is reasonably suspected of being a stolen
vehicle, or contains stolen goods or contraband.
(g) When any vehicle is parked upon private property without the
permission of the property owner.
(h) When a vehicle is illegally parked or left standing so as to
obstruct the normal movement of traffic to and from private property.
5-302. PRE-TOW NOTICE. Whenever vehicles are subject to being towed
and impounded, as herein provided, the owner, driver or person in
charge of such vehicle shall be notified and given a reasonable time
under the circumstances involved to remove the vehicle. However,
where the owner, driver or other person in charge of such vehicle
cannot be located after a bona fide effort has been made to do so,
then the vehicle may be towed and impounded as provided under this
article.
5-303. NOTICE.
(a) Whenever a vehicle which is registered in Kansas is
impounded pursuant to this article the police department shall mail a
notice by certified mail to the registered owner thereof, addressed to
the address shown on the certificate of registration, and to the
lienholder if any, stating the reason for the impoundment, the rights of
the owner or lienholder as set forth in this chapter as to recovery of
the vehicle, and the statement that unless the owner or lienholder
exercises his or her rights within thirty (30) days from the date of the
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mailing of the notice, that the vehicle will be sold at public auction to
cover the cost of towing and storage, as well as any fines accrued as
of the date of the towing. Notice shall be mailed before the fifth full
working day following the date of towing. Failure to receive such
notice shall not invalidate any subsequent action taken.
(b) If the impounded vehicle is registered in another state, or bears
no registration plates, the police department shall take prompt action,
reasonably calculated to apprise the owner, or lienholder, if any, of the
vehicle’s location and potential disposition. If the police department is
unsuccessful in determining the name and address of the owner or
any lienholder of the vehicle, the police department shall publish a
notice once each week for two (2) consecutive weeks in the official
city newspaper describing the motor vehicle by name of make, model,
color, and serial number, and also state the reasons for the
impoundment, information regarding the right of the owner or
lienholder in the recovery of the vehicle and a statement that unless
the owner or lienholder takes action within thirty (30) days of the date
of the second publication, the vehicle will be sold at public auction to
cover any towing and storage costs, as well as any fines accrued as to
the date of towing. If the police department is successful in locating
the name and address of the owner or any lienholder, the department
shall afford the same notice to such person or persons set forth in the
preceding subsection.
5-304. SAME; RELEASE TO OWNER OR LIENHOLDER. Once a vehicle
has been impounded, the owner or lienholder may obtain release by:
(a) Presenting proof of ownership in the form of motor vehicle title
or certificate of registration to the police department. The police
department will advise the claimant of outstanding fines which shall be
paid before release of the vehicle.
(b) If there are not fines accrued against an impounded vehicle, the
claimant will be advised of the place of storage. The police department
will then notify the storage yard and tow service that the vehicle may
be released. Release may be accomplished by the claimant upon
settlement of tow and storage charges with the tow service.
(c) The impounded vehicle may be withheld from release if needed
for evidentiary purposes.
5-305. SAME: DISPOSITION OF VEHICLE. Whenever, pursuant to the
terms of this article, a vehicle has been stored in any public or private
garage or yard maintained or designed by the city for the storage of
impounded vehicles for a period of sixty (60) days, and no claim of
ownership or the right to possession thereof has been made, or when
such claim has been made but not established to the satisfaction of
the Chief of Police, and no suit or action to determine such claim has
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been instituted, the Chief of Police shall order the appraisal of the
value of the vehicle, shall declare the vehicle to be abandoned and
shall dispose of the vehicle in the manner provided by K.S.A. 8-1102.
ARTICLE 4. HAZARDOUS MATERIALS
5-401. TRANSPORTATION OF HAZARDOUS MATERIALS. It shall be
unlawful for any person, firm, corporation or other entity to park,
house, store or permit to remain upon any public street, alley, park, or
upon private property within the City of Herington, Kansas, any other
vehicle or trailer or container which shall be used to transport
hazardous materials, except while such vehicle shall be attended at all
times by the driver thereof or other responsible party while loading or
unloading.
5-402. HAZARDOUS MATERIAL DEFINED. As used in this article, the term
hazardous materials shall mean any substance that due to its nature
may cause injury upon contact therewith, or shall be extremely
volatile, flammable or radioactive.
5-403. SAME; EXCEPTIONS. The provisions of this article shall not apply to
any container which shall have a capacity of one hundred fifty (150)
gallons or less which shall be used for the purpose of supplying fuel
for the vehicle on which it is mounted. Except further that these
provisions shall 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.
5-404. PENALTY. Any person, firm, or corporation violating this article shall
upon conviction be fined an amount not to exceed five hundred
($500.00) dollars or imprisoned for a period not to exceed thirty (30)
days or both so fined and imprisoned.
ARTCILE 5. EMERGENCY ENVIRONMENTAL RESPONSE
5-501. DEFINITIONS. For the purposes of this article the following terms
shall have the indicated meanings:
(a) Emergency action shall mean all of the concerted activities
conducted in order to prevent or mitigate injury to human health or the
environment from a release or threatened release of any material into
or upon the environment.
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(b) Governmental entities shall include the City of Herington,
Dickinson County, the Dickinson County Emergency Preparedness
Department, The Herington Regional Airport, and any entity
responding under a mutual aid agreement with the City of Herington.
(c) Person shall include any individual corporation, association,
partnership, firm, trustee, or legal representative.
(d) Recoverable expenses. In general recoverable expenses are
those that are reasonable, necessary, and allocable to the emergency
action. Recoverable expenses shall not included normal expenditures
that are incurred in the course of providing what are traditionally local
services and responsibilities, such as routine fire fighting. Expenses
allowable for recovery may include, but are not limited to:
(1) Disposable materials and supplies acquired, consumed and
expended specifically for the purpose of the emergency action.
(2) Compensation of employees for the time and efforts devoted specifically to the
emergency action that is not otherwise provided for in the government
entity’s operating budget.
(3) Rental or leasing of equipment used specifically for the emergency action (e. g.
protective equipment or clothing, scientific and technical equipment).
(4) Replacement costs for equipment owned by the
governmental entity that is contaminated beyond reuse or repair, if the
government entity can demonstrate that the equipment was a total
loss and that the loss occurred during the emergency action (e. g.,
self-contained breathing apparatus irretrievably contaminated during
the response.)
(5) Decontamination of equipment contaminated during the
response.
(6) Special technical services specifically required for the response (e.g., costs
associated with the time and efforts of technical experts or specialists not
otherwise provided for by the governmental entity.).
(7) Other special services specifically required for the
emergency action.
(8) Laboratory costs for purposes of analyzing samples taken
during the emergency action.
(9) Any costs of cleanup, storage, or disposal of the released
material.
(10) Costs associated with the services, supplies and
equipment procured for a specific evacuation.
(11) Medical expenses incurred as a result of response
activities.
(12) Legal expenses that may be incurred as a result of the
emergency action, including efforts to recover expenses pursuant to
this article.
(e) Release shall mean any spilling, leaking, pumping, pouring, emitting,
emptying, discharging, injecting, escaping, leaching, dumping or
disposing into or upon the environment.
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5-502. PURPOSE. This article provides a means for the governmental
entities to recover, through civil suit, the recoverable expenses they
incur in taking an emergency action.
5-503. LIABILITY. Any and all persons responsible for a release or
threatened release which results in an emergency action shall be
liable to the governmental entities for the recoverable expenses
resulting from the emergency action.
5-504. RECOVERY OF EXPENSE. The staffs of the governmental entities
involved in the emergency action shall keep a detailed record of its
recoverable expenses resulting from the emergency action. Promptly
after completion of the emergency action, the staffs shall certify those
expenses to the appropriate legal counsel and shall request that legal
counsel bring a civil action for the recovery of the recoverable
expenses against any and all persons responsible for the emergency
action. Not less than thirty (30) days before filing the civil suit, legal
counsel shall submit a written, itemized claim for the total certified
expenses incurred by the governmental entities for the emergency
action responsible party and a written notice that, unless the amounts
are paid in full to the respective governmental entities within thirty (30)
days after the date of the mailing of the claim and notice, legal counsel
will file a civil action for the stated amount. Moneys recovered under
this article shall be credited to the appropriate funds of the
governmental entity from which moneys were expended in performing
the emergency action.
ARTICLE 6. POSSESSION, USE, AND SALE OF FIREWORKS
5-601. DEFINITIONS. The term "fireworks" and the type and kind of such
fireworks permitted under this ordinance shall be referred to and be in
compliance with KSA 31-155 and the Rules and Regulations of the
Kansas State Fire Marshall in Section 22-6-7 of such Rules and
Regulations effective January 1, 1973, which are hereby incorporated
by reference as provided by law. In addition, fireworks shall not be
permitted which are of the "bottle-rocket" type.
5-602. PROVISIONS.
(a) The retail sale of fireworks, which are defined as “Class C
Fireworks” not including “bottle rockets”, which are expressly
prohibited, may only be sold in areas of the city zoned (B-2)
Neighborhood Commercial District, (B-3) Highway Industrial District,
(B-4) General Commercial District, (I-1) Light Industrial District and (I-
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2) Heavy Industrial District between the hours of 8:00 am to 11:00 pm
on the days specified by Kansas Administrative Regulation subsection
22-6-5 (2011) and any subsequent amendments thereto specifically
relating to authorized dates of sale, as authorized and implemented by
K.S.A. 1984 Supp. 31-133 and all amendments thereto (most recently
amended December 29, 2008) by persons or organizations holding a
valid, current unrevoked permit issued by the City of Herington,
Kansas. The permit application fee shall be the sum of $200 and shall
be renewed annually. Such fee shall be paid, in advance of issuance,
to the City Clerk by cash, certified check, money order, Visa, or
MasterCard. No sales of Fireworks shall be permitted in areas zoned
Residential or in the Central Business District.
(b) The Fire Chief, or his designee, and/or the building official shall
approve all locations proposed for sale and storage of fireworks before
a permit is issued by the City Clerk. No fireworks shall be set off
within a 200 foot radius of a fireworks stand. As a condition of the City
issuing a permit, the applicant shall provide proof of a sales tax
number or an exemption certificate issued by the Kansas State
Department of Revenue. Applications must be received no later than
21 business days prior to the permit issuance date to allow the Fire
Chief time to investigate.
(c) Licensee shall hold the City harmless and indemnify it against
all claims of liability arising, in any way, from sale of fireworks.
Licensee shall further secure and maintain in force a policy of
comprehensive general liability with a combined single limit of
$1,000,000 naming the City of Herington as additional insured. A
certificate evidencing such insurance shall be furnished to the City.
(d) The Fire Chief shall adopt, for approval by City Manager,
administrative regulations/requirements, which may be amended from
time to time, regarding the type of sale facility and all related
safety/code requirements including fire extinguishers, which are
hereby incorporated by reference.
5-603. POSSESSION AND DISCHARGE OF FIREWORKS.
(a) Discharge of fireworks, which are defined as “Class C
Fireworks, not including “bottle rockets” by the Rules of Regulations of
the Kansas State Fire Marshall shall be permitted between the hours
of 8:00 am and 12:00 am, midnight, on the 3rd, 4th, and 5th of July.
Fireworks may be possessed July 1st through July 5th. When or if the
3rd , 4th or 5th of July calendar day falls on a Sunday, fireworks shall
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not be allowed to set off or fired until after 12 noon and must cease at
12 midnight.
(b) The discharging, firing or igniting of fireworks, as defined in
Section 5-601 of this Ordinance, is hereby prohibited except in areas
provided in this ordinance that includes in residential areas on private
property, or in designated public areas. An officer of the law
observing reckless discharge of fireworks shall be authorized to
confiscate all fireworks in the possession of the person recklessly
discharging the same.
(c) It shall be prohibited to discharge or use fireworks in a reckless
manner which creates a risk of injury, death, or damage to property.
(d) The Fire Chief has the authority to ban the discharge or use of
fireworks within the city limits due to weather conditions.
5-604. PENALTIES/VIOLATIONS.
(a) Any person or persons in violation of the sections of this article
shall be guilty of an unclassified Misdemeanor. Parent or parents
shall be responsible for supervising children (under the age of
eighteen) who are discharging fireworks. Failure to properly supervise
children discharging fireworks shall be punishable pursuant to this
section.
(b) Any person violating any of the provisions of this Ordinance
shall be guilty of a misdemeanor and shall be punishable by a fine of
not more than $500.00 and/or by a term of confinement in the county
jail not to exceed thirty days.
CHAPTER VI. PUBLIC PROPERTY
Article 1. Lake and Reservoir
Article 2. Community Building
Article 3. Cemetery
Article 4. Library
Article 5. Streets, Alleys, and Sidewalks
Article 6. Parks
Article 7. Trees
Article 8. The Hilltop Auditorium
Article 9. The Hilltop Dining Room
Article 10. Herington Regional Airport
_____________
ARTICLE 1. LAKE AND RESERVOIR
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6-101. DEFINITIONS. For the purposes of this article, the following terms
shall have the indicated meanings:
(a) City: The City of Herington, Kansas or the governing body
thereof as may be appropriate.
(b) Craft: Any water borne vessel.
(c) Lake and Reservoir: All of that property acquired by the City in
Sections 9,16,17,19,20,29 and 30 of Range 16 4 East, Dickinson
County, Kansas
(d) Officer: Any person designated by the city to enforce the
provisions of this chapter and including the Sheriff of Dickinson
County, Kansas, and his duly authorized deputies, any member of the
State Highway Patrol, and any person designated by the Kansas
Forestry Fish and Game Commission as game protector or deputy.
(e) Concessionaire: Any person, firm, or corporation who by
contract with the city operates one or more commercial activities upon
the lake premises.
(f) Resident: Any person who maintains a permanent legal
residence within the limits of Herington, Kansas.
(g) Household: The members of one family all living together at a
single residence.
6-102. RIGHTS RESERVED BY THE CITY. The lake and reservoir are a
prime importance to the municipal water works and the right to amend,
repeal, and withdraw all fishing and other recreational privileges from
the said lake and reservoir is reserved by the governing body at any
time without notice and without necessity of refunding any sum paid
by any persons under the licensing provisions hereof.
6-103. SPECIAL EVENTS. The City Manager is authorized to declare
special events and suspend such rules and regulations as may be
appropriate for the conduct of such events.
6-104. STATE LAWS, RULES, AND REGULATIONS. All of the laws of the
State of Kansas and rules and regulations of the Kansas Department
of Wildlife and Parks are incorporated by reference, specifically
including all hunting, fishing, and boating regulations.
6-105. DOGS. It shall be unlawful for any person to permit a dog to run at
large. Dogs shall at all times be tied or upon a leash; providing,
however, during authorized hunting seasons, hunting dogs shall be
permitted to run at large.
6-106. NOISE. All noise shall be kept to a minimum in order to preserve the
quiet of the area. This provision requires that all boats shall be
appropriately muffled.
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6-107. CONTRACTUAL PRIVILEGES. The construction and use of any
facilities constructed by nonprofit organizations shall be only by
specific contract with the governing body of the city.
6-108. COMMERCIAL ACTIVITY. All commercial activities on or within the
area of the lake/reservoir shall be under the absolute control of the
governing body and shall only be maintained in accordance with a
lease, license, permit, or other agreement which has theretofore had
the specific approval of the governing body.
6-109. PROHIBITED BUSINESS ACTIVITIES. No person, firm, or
corporation or their representatives shall engage in or solicit any
business in any manner whatsoever and including not by way of
limitation the passage of handbills or posting of notices upon the
premises of the lake or reservoir, except that the city may permit the
same at special events.
6-110. HAULING FOR HIRE. No person, firm, or corporation shall haul or
convey any person upon the surface of the lake/reservoir for hire other
then a duly authorized concessionaire.
6-111. SWIMMING. Swimming is allowed in any area, except in areas
marked “No Swimming,” boat launching ramps, or from powered craft.
6-112. LAUNCHING OF CRAFT. All craft shall be launched at designated
areas, except small un-powered boats, not including sailboats which
may be launched where convenient.
6-113. PRIVATE DOCKS. There shall be no private docks.
6-114. BOAT TRAILERS. All trailers used in the transportation of any craft
shall be immediately removed from the water after launching.
6-115. UNATTENDED CRAFT. No person shall leave any craft unattended
for more than twenty-four (24) hours, unless the same shall be tied to
a dock attended by a concessionaire.
6-116. ABANDONED BOATS. Any craft or other personal property found to
have been left unattended over twenty-four (24) hours shall be
impounded by the city, and after a five (5) day notice by certified mail
to the holder of the city license therefor, the same, except for the good
cause shown, may be sold and the proceeds there from placed in the
city General Fund.
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6-117. SPEED. No craft shall travel at any speed over forty (40) miles per
hour. Power boats are restricted to five (5) miles per hour outside the
ski area.
6-118. DIRECTION OF TRAVEL. All powered boats towing skiers, aqua-
planing, and the like, must travel in a counterclockwise direction at all
times, except to pick up skiers and other persons.
6-119. RIGHT-OF-WAY. Powered craft shall in all cases yield the right-of-way
to un-powered craft. Any person in a powered craft who shall pass so
close to un-powered craft as to create a hazard shall be deemed to be
guilty of a misdemeanor.
6-120. WATER SKIING PROHIBITION. Water skiing, aqua-planing, or any
other similar sport requiring a person to be outside of a boat on the
lake/reservoir is prohibited between sunset and sunrise.
6-121. DESIGNATION OF USE. The City Manager shall have the authority
to:
(a) Mark and define an area of the lake/reservoir within which
speed boating, aqua-planing, water skiing, sailing, and similar
activities are permitted.
(b) Mark and define areas where no activity other than fishing and
sailing shall be permitted.
(c) Place buoys marked for speed limits between the buoy and
shore.
(d) Establish length limits for fish species.
(e) Establish catch limits for fish species.
(f) Set motor size limitations for boats.
(g) Regulate fishing tournaments and other organized activities.
6-122. POWERED RAFTS, PONTOON BOATS, HOUSEBOATS.
Unenclosed powered rafts shall be permitted only after being
approved by the City Manager or his authorized representative as to
condition and design. License fee shall be on the same basis as other
powered craft, but shall carry at least a ten (10) horsepower motor.
Houseboats shall be permitted after being inspected by the City
Manager or his duly authorized representative so as to prohibit the
discharge of wastes into the lake/reservoir.
6-123. LIMITATIONS OF TRAFFIC. The City Manager or his duly authorized
representative shall at all times be authorized to limit the number of
craft upon the water.
6-124. CAMPING AND PICNICKING. Camping and picnicking shall be
permitted only in designated areas.
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6-125. FIRES. The building, starting, or maintaining of fires in any area is
prohibited, except in fireplaces, grills, or other facilities as provided or
approved by the city.
6-126. CAMPING FACILITIES. All persons using camping facilities shall
comply with the following:
(a) All campers must register with the caretaker/camp host.
(b) No camper shall occupy a campsite for more than fourteen (14)
consecutive days.
(c) No camper shall leave a campsite unattended for more than
forty-eight (48) consecutive hours. Warnings shall be issued by the
caretaker/camp host upon the expiration of forty-eight (48) hours, and
complaints for violation of this ordinance shall be issued upon the
expiration of seventy-two (72) hours.
(d) All campers must park in a manner that their registration is
clearly visible and allows the optimum use of electrical outlets and
vehicle movement. Campers blocking the use of an electrical outlet
shall be considered camping at the outlet site and shall be charged for
the camping space and electrical use whether or not used.
(e) Each camp site may be occupied by an RV Camper and one
tent or by two tents. Tents and RV Campers shall be place in such
a manner as to avoid interfering with the functions of either the tent
or the RV Camper. A minimum distance of not less than five feet
shall be maintained between tents and/or RV Campers on adjacent
sites.
(f) Golf carts and smooth tired mobility vehicles are permitted at
speeds not in excess of 10 MPH. All-terrain four wheelers and
motorcycles are prohibited.
6-127. FIREARMS AND FIREWORKS. No person shall hunt, carry, or
discharge firearms or carry concealed or dangerous weapons in or
about the lake/reservoir, except during such hunting seasons and in
such areas as may be designated by the governing body. Fireworks
are prohibited.
6-128. HUNTING. Hunting is restricted to migratory birds. Hunting privileges
shall be strictly controlled by the city as to area. When hunting, no
firearms other than shotguns shall be used and no slugs in shotguns
shall be permitted.
6-129. ILLEGAL FISHING. It shall be unlawful for any person to fish with a
trot-line, limb-line, or jug-line in any area of the Herington Lake or
Herington Reservoir except in designated areas clearly marked by
signs on the South end of the Reservoir. All Kansas Fishing and
Game laws pertaining to this type of fishing will be enforced. No trot-
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lines, limb-lines, or jug-lines will be allowed within the City Lake
properties (smaller lake) including tributaries within the property lines
of the lake. Trot-line, limb-line, or jug-line fishing shall be allowed in
the Herington Reservoir South of posted signs. A city fine of one
hundred dollars ($100.00) shall be levied against all violators.
6-130. DISPOSAL OF BAIT. Bait or dead fish shall not be thrown or left in
the water or on the land.
6-131. WASTE SOURCES. The following restrictions on potential waste
sources affecting the public water supply at Herington Reservoir are
hereby established:
(a) There shall be no discharge of treated or untreated wastes into
the impoundment.
(b) There shall be no septic tanks or tile absorption fields within
two hundred feet (200’) measured horizontally from the edge of the
normal water pool.
(c) Waste sources may be allowed nearer to the water’s edge than
two hundred feet (200’) (but no nearer than fifty feet {50’}), provided
that all wastes are received into a watertight vault. When use of a
vault is proposed, the vault shall be designed with sufficient volume to
retain the wastes generated between removals. A copy of a contract
to insure removal of the wastes as required and disposal in an
acceptable manner is to be provided to the Kansas Department of
Health and Environment. A penalty clause for unsatisfactory
performance shall be included in the contract.
(d) Any sanitary sewers constructed to serve housing and/or
industry shall transport the wastes either before or after treatment to a
point downstream from the impoundment or to a separate watershed.
(e) There shall be no contact by livestock with the impounded
water at any point except at the extreme uppermost end of the
reservoir.
(f) There shall be no fertilization of the lake such as for fish
propagation purposes.
6-132. REFUSE. Refuse, garbage, rubbish or waste of any kind will not be
placed, thrown, or left on or along any roadway, picnic or camping
area or in any area within the lake/reservoir, but shall be placed in
depository on the lake/reservoir premises. It is mandatory that toilets
and depositories placed upon said premises be used for the disposal
of all such refuse, waste, and excrement.
6-133. SEWAGE. Sewage shall be dumped only at specified trailer dump
locations provided by the city.
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6-134. POLLUTION. No affirmative act or act of omission of any kind which
pollutes or tends to pollute the water in the lake/reservoir will be
permitted or allowed. Extreme care shall be used at all times to
prevent the pollution of said lake/reservoir waters from gasoline, oils,
and other deleterious materials and any persons so causing any such
pollution shall be deemed to have committed a nuisance and a
misdemeanor hereunder.
6-135. VEHICULAR TRAFFIC. No person shall operate a vehicle upon the
lake/reservoir, except upon the improved roadways, parking lots and
other areas improved for vehicular traffic.
6-136. SPEED LIMITS. No vehicle, except authorized emergency vehicles,
shall travel at a speed greater than twenty (20) miles per hour upon
the lake/reservoir roads.
6-137. BLOCKING TRAFFIC. No vehicle or craft shall be so parked or left
standing in such a manner as to block or impede the traffic upon any
roadway or waterway.
6-138. STATE AND FEDERAL LICENSES. Any person applying for a license
to hunt or fish shall exhibit a valid state license and stamp, or federal
stamp, as may be appropriate.
6-139. BOAT LICENSES. No person shall boat upon the lake/reservoir
without having obtained a license to do so from a duly authorized
representative of the city. Such license shall be conspicuously
displayed upon the starboard side of the rear end of the boat.
6-140. BOAT LICENSE APPLICATIONS. All boating licenses shall be issued
by the City Clerk or other duly authorized representative of the city.
Applications for a boat license shall contain generally the following
information:
(a) A general description of the boat sought to be licensed.
(b) State registration number if applicable.
(c) The legal owner thereof.
(d) Evidence of public liability insurance.
6-141. NON-TRANSFERABILITY. Licenses shall not be transferable or
assigned to any other craft or person and shall be issued on a
calendar year basis commencing January 1 of each year and expiring
December 31; otherwise, for three (3) specified days.
6-142. LICENSE FEES. The following license fees shall be charged for the
respectively indicated uses of the municipal reservoirs:
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Recreational Boating Licenses
Resident/Property Owner
All Craft to 10 HP…………………………………………………$10.00 Per Year
10 HP to 40 HP………………………………………………….. $15.00 Per Year
Over 40 HP………………………………………………………..$20.00 Per Year
Jetski …………………………………………………………….. $30.00 Per Year
Jetski for One (1) Day Period …………………………………..$10.00 Per Day
Any Other Craft For One (1) Day Period ………………………$ 3.00 Per Day
Nonresident
All Craft to 10 HP…………………………………………………$20.00 Per Year
10 HP to 40 HP………………………………………………….. $25.00 Per Year
Over 40 HP………………………………………………………..$30.00 Per Year
Jetski …………………………………………………………….. $40.00 Per Year
Jetski for One (1) Day Period …………………………………..$15.00 Per Day
Any Craft For One (1) Day Period …………..…………………$ 5.00 Per Day
Hunting Licenses
Hunting………………………………………………………………$7.50 Per Year
Camping Licenses
Resident/Property Owner…………………………………………$30.00 Per Year
Nonresident Annual……………………………………………….$40.00 Per Year
Daily……………………………………………………………..……$5.00 Per Day
*Plus $8.00 Per Day For Connection to 30 AMP Electric Hookup
*Plus $10.00 Per Day For Connection to 50 AMP Electric Hookup
6-143. SALES OF LICENSES. The caretaker/camp host and such other city
officers and employees as authorized by the City Manager shall sell
the municipal licenses required by this article. In addition, the City
Manager may authorize individuals and businesses to sell said
municipal licenses on such terms and conditions deemed proper by
the City Manager.
6-144. RESPONSIBILITY FOR VIOLATIONS. The registered owner and/or
the person in actual operation of any craft shall be responsible for any
violation of the regulations and provisions of this article, including
those provisions incorporated by reference.
6-145. REVOCATION OF BOAT LICENSES, WHEN; HEARING FOR
REINSTATEMENT. Any officer shall have the power to immediately
revoke any license of any boat operated on said lake/reservoir in a
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hazardous, negligent, careless or unlawful manner. Revocation of
such boat license shall be effective for the balance of the year for
which such boat license was granted, provided that the licensee may
apply for reinstatement of said boat license to the Governing Body,
who shall hold a hearing for such purpose, or shall designate a
committee to hold said hearing. Any licensee whose license is so
revoked shall not be entitled to any refund of the license fee.
6-146. SCUBA DIVING. Skin and scuba divers must fly a “divers below” flag.
6-147. ICE SKATING. No person shall ice skate on the lake/reservoir.
6-148. PENALTY. Any person, firm, or corporation violating any of the
provisions of this article, upon conviction, shall be fined five hundred
dollars ($500.00) or sentenced to serve thirty (30) days or be both so
fined and imprisoned.
6-149. PARKS AND PUBLIC PROPERTY BOARD; CREATED. There is
hereby created and established a Parks and Public Property Board for
the City which shall consist of five (5) members, city staff, citizens, and
residents of this City, who shall be appointed by the Mayor with the
approval of the City Commission. The membership shall include one
(1) Park Department/Water Utility Department Head appointee, one
(1) Recreations Commission Representative, one (1) Tourism
Committee Representative, and two (2) Citizen Members with
preference being given to architects or housing contractors for one
position and lake area residents for the remaining position. One
member shall be appointed for an initial term expiring on September 1,
2006. Two members shall be appointed for an initial term expiring on
September 1, 2007. Two members shall be appointed for an initial
term expiring on September 1, 2008. Following the initial terms
established herein, all terms shall be for three years in length. No
member shall be eligible to serve more than three consecutive full
three year terms, except that any such person who has previously
served upon the Board shall be eligible to be appointed to the Board
after at least one year has elapsed since such person’s last serving
upon the Board. In the event that a vacancy shall occur during the
term of any member, such member’s successor shall be appointed for
the unexpired portion of the term. General duties for the Board shall
be reviewed from time to time by the City Commission and specified
by resolution duly adopted by the City Commission. The previously
created Lake Advisory Board is hereby disbanded.
6-150. RENTAL FEES AND DEPOSIT FOR THE LAKE SHELTER. The
rental fee for the use of the lake shelter shall be $25.00 per day. A
deposit of $25.00 shall be collected in advance of any use of the
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facility. The City Manager shall have the authority to negotiate a lower
rental fee for group use when combined with multiple camping nights
and determined to be in the best interest of the City.
ARTICLE 2. COMMUNITY BUILDING
6-201. RULES. The Community Building shall be subject to the rules adopted
by the governing body for the regulation of the building and personal
property therein.
6-202. FEES. The rental fee for the community building large room by
nonprofit governmental entities or groups benefiting the Herington
community shall be fifty dollars ($50.00) per day. A rental fee of one
hundred dollars ($100.00) per day for the building large room shall be
charged for general events, including wedding receptions and family
reunions. A rental fee of two hundred twenty-five dollars ($225.00)
per day for the building large room shall be charged for auctions, trade
shows and other for profit events. A rental fee of twenty-five dollars
($25.00) per day shall be charged for the kitchen. A rental fee of thirty
dollars ($30.00) per day shall be charged for the large meeting room,
and a rental fee of twenty-five dollars ($25.00) per day shall be
charged for the smaller meeting room for any nonprofit or general
events. The fee for each of the small meeting rooms shall be one
hundred ($100.00) per day for any for profit event. The City Manager
has the authority to waive any fees. If the building is used for more
than one day, including set up and clean up, all daily charges will
apply to the rental fees.
6-203. DEPOSIT. A damage and cleaning deposit in the amount of two
hundred dollars ($200.00) shall be required for all functions in the
Community Building. The deposit shall be returned upon inspection
and determination by the City Clerk that no property has been
damaged or removed and the building has been satisfactorily cleaned.
The City shall retain such portion of the deposit necessary to replace
or restore property damaged during the rental use or to satisfactorily
clean the building. This section shall not be construed to limit the
liability of any renter or other person for damage to municipal property.
The City Manager has the authority to waive the foregoing deposit.
6-204. PAYMENT. All fees and deposits provided in this article are payable to
the City Clerk and shall be paid in full prior to the use of the
Community Building.
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ARTICLE 3. CEMETERY
6-301. RULES. Sunset Hill Cemetery shall be subject to the rules adopted by
the Cemetery Board for the regulation of the cemetery, and grounds
thereof shall not be used for any purpose other than as the burial
place of the human dead.
6-302. PLAT. A plat of the cemetery shall be kept at the office of the City
Clerk, which plat shall at all times during office hours, be subject to
inspection by the public upon request.
6-303. SALE AND TRANSFER. Owners of lots in Sunset Hill Cemetery shall
not allow interments on their lots for a remuneration of pecuniary
consideration, nor shall any transfer of any lot or interest therein, be
valid, without the written consent of the City Manager.
6-304. FUNDS. All moneys received from the fees listed under Opening and
Closing in Section 6-308 shall be deposited in the General Fund. All
moneys received from the fees listed under Sales of Lots and
Perpetual Care in Section 6-308 shall be kept in a separate fund to be
known as “Perpetual Care Fund,” and shall be used in the manner
provided by law. All interest which accrues from moneys invested in
the Perpetual Care Fund shall first be used to offset the costs and
expenses of improvements and maintenance made from the General
Fund, and the excess, if any, shall be deposited in the Perpetual Care
Fund.
6-305. PLACE OF INTERMENT. No person shall be buried inside the city
limits, on private property, except in a regularly kept cemetery.
6-306. SUPERVISION. Sunset Hill Cemetery shall be under the direction of
the Street Superintendent. All workmen employed by lot owners in the
construction of structures, erection of monuments and in performance
of all other work shall be subject to the control of the Street
Superintendent.
6-307. FEES. The following schedule of fees shall be applicable to Sunset Hill
Cemetery:
SALE OF LOTS
Full lot, consisting of eight (8) graves…………………….……$400.00
One-half lot, consisting of four (4) graves……………….…….$200.00
One-forth lot, consisting of two (2) graves………………….....$100.00
Single adult grave………………………………………………… $50.00
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Infant grave…………………………………………………………$25.00
OPENING AND CLOSING
Adult grave…………………………………………………….….$200.00
Infant grave…………………………………………………………$50.00
Cremation…………………………………………………………..$50.00
PERPETUAL CARE
Opening and Closing……………………….25% of the above fees for opening and
closing shall be deposited in the perpetual care fund.
Marker………………………………………..$ .10 per square inch of base
Mausoleum…………………………………..$100.00
Use of Chapel…………………………………$ 25.00
6-308. DISINTERMENT. Permits and fees for reopening graves to disinter a
body shall be as follows:
(a) Any person desiring to reopen any grave to disinter a body
shall first obtain a permit from the City Clerk upon proper application
and payment of the deposit required by this section. The application
and permit shall set forth the number of the lot, block and section on
which such grave is situated, and name of the person buried, the time
of such burial and the place where the body is to be reburied.
(b) The fee for reopening a grave shall be two hundred dollars
($200.00), which shall be paid to the City Clerk before issuance of the
permit.
(c) The reopening of such grave and removal of such body shall be
under the supervision of the Sexton who shall insure prior to
exhumation that the actual removal of the remains and casket and
outside container, if any, is done by a duly licensed bonded, or insured
company.
(d) When the applicant proposes a reinterment in another lot in the
cemetery, a charge shall be paid in the amount required for an original
interment, in addition to the disinterment permit fee as provided for
herein.
(e) Any markers or monuments designating the location of an
interment shall be removed at the time a disinterment is made.
(f) An order of the district court for the exhumation of the body of a
deceased person shall be sufficient application for a permit hereunder.
6-309. PAYMENTS OF FEES. All fees provided in this article are payable to
the City Clerk and no work shall be commenced in the cemetery until
a receipt for the payment of the necessary fee or fees has been
presented to the Street Superintendent.
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ARTICLE 4. LIBRARY
6-401. LIBRARY BOARD: MEMBERSHIP: APPOINTMENT. The Mayor
shall, with the approval of the governing body, appoint a Library Board
for the City Library. The Board shall consist of seven (7) members
who shall be appointed in the manner and for such terms as
prescribed by law, but not to exceed two (2) consecutive terms. The
Mayor shall be ex officio a member of the Library Board with the same
powers as appointed members, but no other city officer shall be
appointed a member of the Board while holding such office.
6-402. OFFICERS OF BOARD: MEETINGS. The Library Board shall
annually meet and organize by the election of a Chairperson,
Secretary, and Treasurer and such other officers as they may deem
necessary. The Board shall fix the date and place of its regular
meetings and special meetings may be called by the Chairperson or
upon written request of a majority of the members in the manner
provided by law.
6-403. POWERS AND DUTIES. The Library Board shall have such powers
and duties as prescribed by law, specifically including, but not limited
to K. S. A. 12-1222 et seq.
6-404. DAMAGE TO LIBRARY PROPERTY. It shall be unlawful for any
person to willfully injure or damage any building occupied by the City
Library or to willfully injure or destroy any book, map, chart, magazine,
picture, statutory or other personal property belonging to or under the
control of the City Library.
6-405. REMOVAL OF BOOKS. It shall be unlawful for any person to take
from the City Library or any premises thereof any book, map, plat,
chart, picture, or other personal property belonging to or under the
control of the City Library except with the permission of the Librarian in
compliance with the rules of the City Library.
6-406. PENALTY. Any person, firm, or corporation violating any of the
provisions of this article, upon conviction, shall be fined five hundred
dollars ($500.00) or sentenced to serve thirty (30) days or be both so
fined and imprisoned.
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ARTICLE 5. STREETS, ALLEYS, AND SIDEWALKS
6-501. TRAFFIC EMERGENCY. Whenever snow has accumulated or there is
a possibility of snow that will accumulate to such a depth that snow
removal operations will be required the Chief of Police or the
Superintendent of Streets may declare a traffic emergency.
6-502. NOTICE. Upon declaring a traffic emergency, the Street
Superintendent shall forthwith cause appropriate notice thereof to be
given to the local press, radio and other news media. The parking
emergency shall be terminated by notice given substantially in the
same manner as the parking emergency was declared.
6-503. EMERGENCY ROUTES. The City Manager shall designate such
streets as deemed appropriate as emergency snow routes, and shall
cause a list of such streets so designated to be prepared and
maintained in the offices of the City Clerk, the Chief of Police and the
Superintendent of Streets.
6-504. REMOVAL OF VEHICLES. All vehicles parked on emergency snow
routes must be removed within two (2) hours after notice of a traffic
emergency has been given. Any vehicle parked on an emergency
snow route after such period of time may be removed or caused to be
removed by a police officer to the nearest garage or other place for
safety and the vehicle may not be recovered until the towing and
storage charges are paid.
6-505. PARKING PROHIBITED. Until such traffic emergency is terminated it
shall be unlawful to park a vehicle on any street designated an
emergency snow route in Section 6-503 of this article or to operate a
motor vehicle on an emergency snow route in such manner or
condition that such motor vehicle stalls and is unable to proceed by
reason of the fact that the driving wheels are not equipped with
adequate traction tires.
6-506. NUMBERING. Buildings and vacant spaces in the city shall be
numbered as follows: Every number shall include a frontage on the
street of twenty-five feet (25’). On streets running north and south the
numbering in both directions shall begin from the intersection of the
streets respectively with Walnut Street. All numbers on the West side
of the street shall be odd numbers, and on the East side even
numbers. The first twenty-five feet (25’) north or South of Walnut
Street on the West side shall be Number 1, the second twenty-five
feet (25’) Number 3 and so on in the regular order of the odd numbers
until the next street is reached. After crossing the street, the first
number on the West side of the street being numbered shall be 101,
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the second 103 and so on until the second street North or South of
Walnut Street is reached. After crossing the streets, the numbers shall
in the same manner be 201, 203, etc., in the regular order of odd
numbers until the third street North or South of Walnut is reached. The
numbering shall be continued to the north and south end of each
street in the same manner, increasing the hundreds contained in the
number by one (1) for each street crossed and beginning with the
number one (1) added to the hundreds so obtained after crossing
each street. The numbers on the East side of the North and South
streets shall be arranged in the same manner beginning at Walnut
Street with number two (2) on both directions, and shall in all cases be
one (1) larger than the number directly opposite on the West side of
the street. The numbers on all streets running East and West shall be
arranged in similar manner beginning from Broadway, with all
numbers on the South side of the streets odd, and all on the North
side even. This first number on the South side of the street, either
East or West of Broadway shall be Number 1, the next Number 3, and
so on in regular order of the odd numbers until First Street is reached
on the West and A Street on the East. The first number on the south
side West of First Street or East of A shall be 101. The next 103 and
so on in the regular order of odd numbers until B Street is reached
going East, or Second Street going West. The first number on the
South side West of Second Street or East of B Street shall be 201, the
next 203 and so on in the regular order of odd numbers. In similar
manner the first number on any street running West after crossing any
street west of Broadway running North and South, may be found by
adding one (1) to as many hundreds as the number constituting the
name of the street last crossed. The next number shall be two (2)
larger and so on in regular order until the next street is crossed or to
the end of the street being numbered. In similar manner the first
number of the South side of any street running East after crossing any
street running North and South, East of Broadway may be found by
taking three hundred (300) next after C Street, and four hundred (400)
next after D Street, five hundred (500) next after E Street, six hundred
(600) next after F Street, seven hundred (700) next after G Street,
eight Hundred (800) next after H Street and by adding the Number 1
to the number of hundred taken. The next number shall be two (2)
larger and so on in regular order of the odd numbers until the next
street crossed or the end of the street being numbered. All numbers
on the North side of streets running East and West shall be even and
shall be one (1) larger than the number directly opposite on the South
side of the street.
6-507. NUMBERED IN THIRTY DAYS. All occupants and owners of the
buildings in this city shall number, renumber, or cause to be
numbered, or renumbered, their buildings respectively owned or
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occupied by them. If any new building shall be erected on any of the
streets of this city, the owners or occupants thereof shall number the
same within thirty (30) days after completion as hereinbefore provided
for buildings already erected.
6-508. EXCAVATION PERMIT REQUIRED. It shall be unlawful for any
person, firm, or corporation, to cut pavement or make excavations in
the streets, alleys, or other public grounds in this city unless such
person, firm, or corporation shall first obtain a permit authorizing such
excavation which shall be issued by the City Clerk and for which
permit the person, firm, or corporation shall be required to post with
the City Clerk a cash bond in an amount estimated by the Street
Superintendent to be the cost of repairing and replacing the
excavation. Such work shall be performed in a manner according to
the standard practice for filling excavations and replacing pavement
and according to all rules and regulations as required by the Street
Superintendent.
6-509. REPAIRING EXCAVATION. In the event the person, firm, or
corporation shall fail to repair the excavation as required by this
article, the Street Superintendent shall repair and replace the
excavations and paving and charge the cost against the bond on file
with the City Clerk.
(a) All openings made in the public streets or alleys to install, repair
or maintain utility service lines may be made after contacting both the
City of Herington and Kansas One-Call. When the work commences it
should be done as carefully as possible under the supervision of both
the Utilities and Street Superintendents. All materials excavated shall
be removed or place where it does not create an inconvenience to the
public. Saturated or unusable spoil materials will not be permitted for
use as backfill and must be removed to a suitable fill site.
(b) All openings shall be marked with sufficient barriers, beacons
or flashers that shall be maintained around the opening both day and
night to protect the public the utility and excavation from damage.
(c) Upon completion of the installation, repair or maintenance that
requires the opening of a street or alley, the responsible party shall
backfill the opening using approved material in a manner that will
allow temporary use of the street or alley. Any materials supplied by
the City will be charged at the prevailing rate plus 10%. The
contractor shall immediately notify the City’s Street Superintendent
that the street or alley is ready for final closure. The City will place the
final lift or the surface layer of repair material. If conditions exist that
prohibit the ability of the responsible party to make the street or alley
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temporarily passable, then the responsible party shall leave sufficient
barriers, beacons, and/or flashers to make the area safe until final
closure by the City of Herington can be completed.
6-510. FEES.
(a) The following fees shall be charged to the party responsible
for the opening of an alley:
DEPTH WIDTH LENGTH FEE
24" 24" or less 50' to 300' $60.00
24" to 48" 24" or less 50' or less $50.00
24" to 48" 24" or less 50' to 100' $60.00
24" to 48" 24" or less 100' to 300' $75.00
over 48" 24" or less 50' or less $100.00
Note: When the opening is over 48" in depth and is
over 40' in length, a base fee of $100.00 shall apply
and each additional foot shall be charged at $2.00 foot.
(b) The following fees shall be charged to the responsible party for
the opening of a street:
Street openings shall be charged at a minimum rate of $300.00
regardless of length, width or depth. Charges will be added if final
material and labor costs exceed $300.00. Saw-cuts made by city staff
will be charged at the rate of $1.50 per lineal foot.
(c) These fees shall be calculated by the City and will be charged
by invoice to the responsible party.
6-511. APPROVAL. Upon the approval of the repair work by the Street
Superintendent, the City Clerk shall release the bond for the
performance of the work to the party in whose name the permit has
been granted.
6-512. SNOW AND ICE REMOVAL. It shall be the duty of the owner and of
the occupant of any lots abutting upon any sidewalks to cause to be
removed from such sidewalks all snow and ice within twelve (12)
hours from the time the snow has fallen or the ice has accumulated.
6-513. REMOVAL 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 the sidewalks and the costs
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thereof shall be assessed against such abutting lot or lots and such
cost shall be collected in the same manner as other special
assessments.
6-514. OBSTRUCTION. Every owner or occupant of any house, building, lot
or premises in the city shall keep the foliage, shade, ornamental, and
other trees trimmed so that the branches thereof over all sidewalks
and driveways, shall not be lower than ten feet (10’) from the surface
of the sidewalk, or driveway. All foliage, shade, ornamental and other
trees shall be trimmed so that the branches thereof over all streets
shall not be lower than fifteen feet (15’) from the surface of the street.
All foliage, hedges and bushes shall be trimmed so as not to obstruct
traffic and be no higher than three feet tall on all corners where traffic
and pedestrians are using the streets, alleys and sidewalks in
accordance with the MUTCD (Manual of Uniform Traffic Control
Devices). All reported notifications shall be considered as a nuisance
shall be enforced as such. All dead trees are hereby declared to be
public nuisances.
6-515. NOTICE TO TRIM. Whenever any person, whose duty it is to keep
such trees, hedges, and bushes trimmed or cut as provided by this
article, shall fail to do so, the City Clerk shall serve notice or cause to
be served upon such person, a notice requiring the same to be done
forthwith, and if such person or persons shall fail to cause such trees,
hedges, and bushes to be trimmed within ten (10) days after the
service of the notice, he shall be guilty of a misdemeanor and
punished as hereafter provided. Such notice may be served by
delivering the same, or a copy thereof to such owner, or occupant, or
by leaving the same at his usual place of business and in case such
owner is a nonresident of the city, by posting such notice in a
conspicuous place upon the lot in front of which such trees, hedges, or
bushes may be located.
6-516. TRIMMING BY CITY. In the event of the failure of such owner,
occupant, or agent to trim or cause such trees, hedges, or bushes to
be trimmed within the time provided by such notice, the trees, hedges,
or bushes may be trimmed by the city, and such nuisance abated by
and at the expense of the city, and the cost thereof taxed against any
lot or tract of ground on which the trees, hedges, or bushes, front or
abut, and such expense shall be collected in the same manner as
other special assessments.
6-517. PENALTY. Any person, firm, or corporation violating any provision of
this article, upon conviction shall be fined five hundred dollars
($500.00) or sentenced to serve thirty (30) days or be both so fined
and imprisoned.
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ARTICLE 6. PARKS
6-601. PARK RULES. The governing body shall establish such rules
regulating the use of the municipal parks as deemed appropriate.
6-602. SWIMMING POOL RULES. The Manager of the municipal swimming
pool with the consent of the governing body shall establish such rules
regulating the use of the municipal swimming pool as deemed
appropriate.
6-603. FATHER PADILLA POND RULES. In addition to the Park Rules
established by the governing body, the following rules shall apply to
the use of Father Padilla Pond:
(a) Persons of all ages are allowed to fish in Father Padilla Pond.
(b) No person shall swim in Father Padilla Pond.
(c) No person shall hunt or trap at Father Padilla Pond.
(d) No person shall boat on Father Padilla Pond.
(e) No person shall ice skate upon Father Padilla Pond.
6-604. CLOSING HOURS OF PARKS.
(a) Father Padilla Park, West Side Park, and areas of South Park containing sport
fields, picnic and playgrounds, and the City public works building
shall be closed to the general public between the hours of 11:00 pm
and 5:00 am.
(b) No persons, other than law enforcement officials, city
employees engaged in city business, or persons with a permit
issued pursuant to Section 6-605 below, shall either enter or
remain within a park listed in subsection (a) when the park is
closed to the general public.
6-605. PERMIT SYSTEM. The City Manager is authorized to adopt and
administer a permit system whereby persons obtaining such a permit
shall have access to a specific park for a specific program, activity, or
event during such time as the park is otherwise closed to the public.
ARTICLE 7. TREES
6-701. DEFINITIONS: “Street Trees” are herein defined as trees, shrubs,
bushes, and all other woody vegetation on land lying between
property lines on either side of all streets, avenues, or ways within the
City. “Park Trees” are herein defined as trees, shrubs, bushes and all
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woody vegetation in public parks having individual names, and all area
owned by the City or to which the public has free access as a park.
6-702. CITY TREE BOARD; CREATED. There is hereby created and
established a City Tree Board for the City which shall consist of three
(3) members, city staff, citizens, and residents of this City, who shall
be appointed by the Mayor with the approval of the City Commission.
The membership shall include one (1) Arborist and two (2) citizen
members. One member shall be appointed for an initial term expiring
on September 1, 2006. One member shall be appointed for an initial
term expiring on September 1, 2007. One member shall be appointed
for an initial term expiring on September 1, 2008. Following the initial
terms established herein, all terms shall be for three years in length.
No member shall be eligible to serve more than three consecutive full
three year terms, except that any such person who has previously
served upon the Board shall be eligible to be appointed to the Board
after at least one year has elapsed since such person’s last serving
upon the Board. In the event that a vacancy shall occur during the
term of any member, such member’s successor shall be appointed for
the unexpired portion of the term. General duties for the Board shall
be reviewed from time to time by the City Commission and specified
by resolution duly adopted by the City Commission. The previously
created Tree Advisory Board is hereby disbanded.
6-703. COMPENSATION TO BOARD MEMBERS: members of the Board
shall serve without compensation. Special duty expenses shall be
reimbursed by approval of the Board and City Commission.
6-704. DUTIES AND RESPONSIBILITIES OF BOARD:
(a) It shall be the responsibility of the board to study, investigate,
counsel and develop a written plan to provide a guide for the future
development and maintenance of tree environment of the City of
Herington, including the care, preservation, trimming, planting,
replanting, removal or disposition of trees and shrubs in public ways,
streets, and alleys. Upon completion said plan shall be presented to
the City Commission for approval. Thereafter, the Board shall review
and update said plan as necessary and submit the same to the City
commission for approval.
(b) The board in accordance with said plan shall control all planting,
pruning and removal of all trees located within the street rights-of-way,
easements, alleys and parks of the city. An owner of land abutting
thereon, may, when acting within the provisions of this ordinance and
the approved plan, prune, spray, plant or remove trees in that part of
such street rights-of-way, easements, and alleys abutting his land not
used for public travel. An owner of property intending to deviate from
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the provisions of this article must first secure written approval from the
board.
(c) The board when requested by the City Commission shall
consider, investigate, make findings, report and recommend upon any
matter coming within its scope of work.
6-705. OPERATION OF BOARD: The board shall choose its own officers,
make its own rules and regulations and keep a journal of its
proceedings and make a copy thereof available to the City
Commission. A majority of the members shall be a quorum for the
transaction of business. Meetings will be held at the discretion of the
board, unless agreed to by a majority of members. Meetings are open
to the public.
6-706. STREET TREE SPECIES TO BE PLANTED: The following list
constitutes the official street tree species for Herington, Kansas. The
Board at its discretion may amend this list.
SMALL TREES 20-30’
Flowering Crabapple(sp.)
Redbud
Hawthorn(sp.)
Bradford pear
Purple leaf plum
Flowering Peach
Golden Rain Tree
Serviceberry
Common Apricot
Paper Mulberry
Amur Maple
MEDIUM TREES 30-45’
Honey Locust (Thorn less)
Chinaberry (Soapberry)
Kentucky Coffee tree
Red Mulberry (Male)
Golden Rain Tree
Osage Orange (Male Thornless)
Japanese Pagoda Tree
Hard (Sugar) Maple
Black cherry
Pin Oak
LARGE TREES 45’ – Up
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Siberian Elm
Bur Oak
Hackberry
London Planetree
American Sycamore
Red Oak
Green Ash
Silver maple
Cottonwood (Cottonless)
Basswood
6-707. SPACING: The spacing of “Street Trees” will be in accordance with the
three (3) specified size classes listed, and no trees may be planted
closer together then the following: Small trees – 20’, Medium Trees –
30’ and Large Trees – 40’. No Street Tree shall be planted closer than
ten (10) feet to any fireplug.
6-708. PUBLIC TREE CARE. The City shall have the right to plant, trim,
spray, preserve 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 such public grounds. The City
Tree Board may recommend removal 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.
6-709. TRIMMING: CORNER CLEARANCE:
(a) Every owner of any tree overhanging any street or right-of-way
within the city shall trim 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 fifteen (15) feet
above the surface of the street or right-of-way. Said owner 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 trim any tree or shrub on private property when it
interferes with the proper visibility of any traffic control device or sign,
such trimming to be confined to the area immediately above the right-
of-way.
(b) It shall be unlawful to “top” trees within the city limits.
6-710. INTERFERENCE WITH CITY TREE BOARD. It shall be unlawful for
any person to prevent, delay or interfere with the City Tree Board, or
any of its agents, or servants, while engaging in and about the planting,
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cultivating, mulching, pruning, spraying or removing of any Street
Trees, park trees, or trees on private grounds, as authorized in this
ordinance.
6-711. DEAD OR DISEASED TREE CONTROL ON PRIVATE PROPERTY:
(a) Whenever the Board or any competent state or federal authority
shall file with the Governing Body of the City, a written statement based
on laboratory tests or other supporting evidence that trees or tree
material or shrubs located upon private property are infected or
infested with or harbors any tree or plant disease or insect, pest or
larvae, the uncontrolled presence of which may constitute a hazard to
or result in the damage or destruction of other trees or shrubs in the
community, describing the same and where located, the City Clerk
shall be directed to forthwith issue notice requiring the owner or agent
of the owner of the premises to treat or remove any such designated
tree, tree material or shrub within sixty days (60) days after receipt of
notice: and notice shall be served by the City’s Chief of Police or other
police officer by delivering a copy thereof to the owner or agent, or if
the property be unoccupied and the owner a nonresident, then the City
clerk shall notify the owner by certified mail at his last known address.
(b) in the event the owner shall fail to comply with the requirements
of said notice, the City shall proceed to have the designated tree, tree
material, or shrub treated or removed and the cost thereof shall be paid
by the owner or shall be assessed and charged against the lot or
parcel of ground on which the tree, tree material or shrub is located
and certified to the County Clerk to be extended on the tax roll against
said lot or parcel of ground as provided by law.
6-712. ARBORISTS LICENSE:
(a) It shall be unlawful for any person or firm to engage in the
business or occupation of trimming, pruning, treating, or removing trees
within the city without first applying for and procuring an arborist
license. The City Clerk shall issue such license upon completion of the
application form, payment of the license fee, adequate proof presented
by the applicant of public liability insurance in the minimum amount of
one hundred thousand dollars ($100,000.00) for bodily injury liability
and twenty thousand dollars ($20,000.00) for the loss, destruction or
injury of any property, and acknowledgment that the applicant is
familiar with and agrees to abide by the municipal rules and
regulations. The applicant must also post with the City Clerk to a
surety bond in the amount of two thousand dollars ($2,000.00).
(b) The license fee shall be ten dollars ($10.00) annually in
advance; provided, however, that no license shall be required of any
public service company or city employee doing such work in the pursuit
of their public service endeavors. Licenses shall expire on December
31 of the calendar year in which the license was issued
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(c) In addition to the penalty provided by section 6-714, the license
of any person violating any provision of this article shall upon
conviction be deemed revoked. Such person shall not be eligible to
reapply for an arborist license for one (1) year from the date of the
conviction. Upon conviction of a second violation, such person shall not
thereafter be eligible to apply for an arborist license.
6-713. REVIEW BY CITY: The City Commission shall have the right to review
the conduct, acts and decisions of the City Tree Board. The City
commission shall hear the matter and make final decisions.
6-714. PENALTY: Any person violating any provision of this article shall be,
upon conviction or a plea of guilty, subject to a fine not to exceed five
hundred dollars ($500.00).
ARTICLE 8. HILLTOP AUDITORIUM
6-801. RULES. The Hilltop Auditorium shall be subject to the rules adopted by
the governing body for the regulation of the building and personal
property therein.
6-802. FEE. A rental fee in the amount of one hundred dollars ($100.00) per
day, two dollars and fifty cents ($2.50) per attendee, or a proportion of
the ticket revenue, with twenty-five percent (25%) of the ticket revenue
distributed to the City and seventy-five percent (75%) of the ticket
revenue distributed to the rental host, shall be charged for all functions
in the Hilltop Auditorium. The party renting the auditorium shall elect
which method of payment it will make at the time of signing the rental
agreement.
6-803. DEPOSIT. A damage and cleaning deposit in the amount of two
hundred dollars ($200.00) shall be required for all functions in the
Hilltop Auditorium. The deposit shall be returned upon inspection and
determination by the City Clerk that no property has been damaged or
removed and the building has been satisfactorily cleaned. The City
shall retain such portion of the deposit necessary to replace or restore
property damaged during the rental use or to satisfactorily clean the
building. This section shall not be construed to limit the liability of any
renter or other person for damage to municipal property. The City
Manager has the authority to waive any of the foregoing deposits.
6-804 LONG TERM RENTAL FEES. After conferring with and receiving
approval from the Hilltop Advisory board, the City manager shall
negotiate long-term rental fees with organizations wishing to make
investments in the Hilltop Auditorium.
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6-805. PAYMENT. All fees and deposits provided in this article are payable to
the City Clerk and shall be paid in full prior to the use of the Hilltop
Auditorium.
ARTICLE 9. HILLTOP DINING ROOM
6-901. RENTAL FEE. A rental fee in the amount of $50.00 per day shall be
charged for all functions in the Hilltop Community Center Dining Room.
The party renting the Center shall sign a rental agreement.
6-902. DEPOSIT. A damage and cleaning deposit in the amount of $50.00
shall be required for all functions in the Hilltop Community Center
Dining Room. The deposit shall be returned upon inspection and
determination by the Hilltop Director that no property has been
damaged or removed and the building has been satisfactorily cleaned.
The City shall retain such portion of the deposit necessary to replace or
restore property damaged during the rental use or to satisfactorily
clean the building. This section shall not be construed to limit the
liability of any renter or other person for the damage to municipal
property.
ARTICLE 10. HERINGTON REGIONAL AIRPORT
6-1001. DEFINITIONS. For the purposes of this article, the following terms
shall have the indicated meanings:
(a) City: The City of Herington, Kansas or the governing body
thereof as may be appropriate.
(b) Airport: The Herington Regional Airport and all properties
acquired by the City of Herington, in Morris County.
(c) Manager: Person that is supervising operations and
development of the airport.
6-1002. RIGHTS RESERVED BY THE CITY. The airport and its surrounding
properties are of prime importance to the infrastructure of the City of
Herington with the right of the governing body to amend, repeal, and
withdraw any and all leases and contracts as deemed necessary
under state statutes and home rule.
6-1003. DESIGNATION OF USE. The City Manager or his appointee shall
have the authority to establish, set, regulate and enforce any and all
laws within the federal, state, and local jurisdiction.
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6-1004. UTILITIES. The utilities at the airport shall meet all federal, state, and
local regulations as referred to in the City of Herington codebook.
6-1005. TEST WELLS. Test wells drilled at the airport will be accessed
through a flush to ground meter pit installed by the party doing the
drilling. No meter pit is to be used in grounds that are used for crops.
Crop ground wells need to have markings for visual location. Parties
responsible for the drilling shall reimburse the lessee for crops that are
damaged due to drilling or testing operations. All test drilling and
boring when completed will be properly plugged to prevent any
damage or dangers to the property.
CHAPTER VII. PUBLIC UTILITIES
Article 1. Electrical System
Article 2. Water System
Article 3. Sewer System
Article 4. Utility Billing
Article 5. Petty Cash Fund
Article 6. Emergency Water Conservation
Article 7. Solid Waste
Article 8. Storm Water Utility
_____________
ARTICLE 1. ELECTRICAL SYSTEM
7-101. APPLICATION FOR SERVICE. Any person, firm, or corporation
desiring a connection with the municipal electrical system shall apply
on a form furnished by the City Clerk for a permit to make a
connection.
7-102. PERMIT. The City Clerk shall, upon receiving an application, if the
same is in proper form, issue to the person, firm, or corporation
applying for the same, a permit to connect with the municipal electrical
system.
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7-103. INSTALLATION. Electrical service shall be provided by the city to a
meter box installed at an outside location on the premises to which
service is being furnished, except in the case of public buildings where
adequate provision is made for a meter room or panel. In cases in
which municipal electrical service is readily accessible to the premises
to be served, no fee shall be charged for installation of such electrical
service. In cases in which municipal electrical service is not readily
accessible to the premises to be served, the cost and terms of such
installation shall be determined by the City Manager.
7-104. EVERY PREMISE TO HAVE SEPARATE CONNECTION. Unless
special permission is granted by the City Manager, each premise shall
have a separate and distinct service connection, and where permission
is granted for branch services, each service shall have its own cutoff
and separate meter.
7-105. METERING. All electricity furnished by the municipal electrical system
shall be measured by meters furnished by the city for that purpose.
7-106. METERS. Every customer shall provide a suitable place for installation
of a meter box placed as permitted under “Section 7-103”. The city
shall have responsibility for installation of the meter and maintenance
of the meter. The customer shall be responsible to have the meter box
installed by a licensed electrician and to pay for the installation.
7-107. READING METERS. For the purpose of reading, changing and
inspecting meters, duly authorized employees of the Electric
Department may legally enter upon any premises at a reasonable hour.
All meters must be readily accessible to the employees of the electric
department.
(a) A fee of twenty dollars ($20.00) shall be charged for additional
electrical meter readings requested by any customer which are in
addition to those outlined in 7-107.
7-108. SERVICES TO BE INSTALLED BY LICENSED OPERATORS ONLY.
Only regular city employees of the Electrical Department or electricians
licensed in accordance with the ordinances of the city shall do any
wiring work on wires connected or to be connected to the municipal
electrical system.
7-109. INTERRUPTION OF SERVICE. The city reserves the right to interrupt
service to any or all customers of the municipal electrical system
without notice when the same is necessary in the repair of the system,
or any part thereof.
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7-110. TAKING ELECTRICITY. It shall be unlawful for any person, firm, or
corporation to:
(a) Take electricity from the municipal electrical system except
through a meter installed by the city, or,
(b) Take electricity from the municipal electrical system from any
premises not owned by such person, firm, or corporation without the
permission of the owner thereof, or,
(c) Knowingly use or receive the benefit of service from the
municipal electrical system without the consent or authorization of the
city.
7-111. ELECTRICIAL RATES. The rates to be charged for electricity sold
from the municipal electrical system shall be as follows:
(a) Effective with all billings sent on or after July 1, 2006, the rates to
be charged for electricity sold from the municipal electrical
system shall be as follows:
Schedule R-82
$.1325 per KWH
Plus
Meter Service Charges Ten Dollars ($10.00) per month. Minimum –
The Meter Service Charge
(b) Schedule CSP-82 Commercial and Small Power Service.
Schedule CSP-82 shall apply to electrical service supplied to one (1)
customer through one (1) meter. Single phase or three phases,
alternating current, approximately 60 cycles, 120-240 volts, 4 - wire
delta, 120-208 volts, 4-wire Wye, 240 volts, 3-wire delta, or at the
voltage and phase the city has available for service required.
Schedule CSP-82
$.1275 per KWH
$.1225 per KWH for each KWH used above 10,000 KWH in a month
Plus
Meter Service Charges Fourteen Dollars ($14.00) per month Minimum
— The Meter Service Charge.
(c) The above rates are based on a total fuel cost of $.0375 per Net
Kilowatt Hour generated and purchased. Whenever the average cost of
fuel per NKWH generated and purchased shall differ from the base
cost of $.0375 per NKWH, the above rates will be increased or
decreased by the amount of the actual cost of fuel per NKWH is above
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or below the base cost. This adjustment shall be made each month,
and shall be computed on the cost of natural gas, diesel oil, lubricating
oil and fuel cost adjustments applied to energy purchased. The fuel
cost adjustment is to be at the option of the city and must be ordered
by the governing body.
7-112. CONNECTION FEE. Every customer shall pay to the City Clerk at the
time of giving an order for connection to the municipal electrical system
the sum of ten dollars ($10.00) for each such connection.
7-113. TRANSFER FEE. Every customer shall pay to the City Clerk at the
time of giving an order for transfer of service in the municipal electrical
system the sum of five dollars ($5.00) for each such transfer.
7-114. PRIVATE STREET LIGHTS. Each and every person, firm or
corporation who shall be furnished private lighting services on the city
street light system shall be responsible for periodic charge as
reimbursement for the costs of provision of such service. Any person,
firm, or corporation who has requested or receives personal benefit
from the use of a street or security light placed on or adjacent to the
property of such person, firm or corporation shall be liable for a periodic
fee imposed by the City of Herington, Kansas. Each and every person,
firm shall be assessed a monthly fee of six (6) dollars for each light in
service for the preceding month. The Governing Body of the City of
Herington, Kansas shall, from time to time review the rates imposed
herein and provide for adjustment to such rates as necessitated to
more accurately match the cost of provision of the lighting service.
Such adjustments shall be made by resolution duly adopted by majority
vote of the Governing Body.
ARTICLE 2. WATER SYSTEM
7-201. APPLICATION FOR SERVICE. Any person, firm, or corporation
desiring a connection with the municipal water system shall apply on a
form furnished by the City Clerk for a permit to make a connection.
7-202. PERMIT. The City Clerk shall, upon receiving an application if the
same is in proper form, issue to the person, firm, or corporation
applying for the same, a permit to connect with the municipal water
system.
7-203. CONNECTIONS. The Water Department shall construct the necessary
water lines from the main to a meter box which box shall be installed
inside the street line and such installation shall include the necessary
street excavations, installation of corporation cocks, pipes from the
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main to the meter box, and curb cocks, meter box and meter. The
property owner’s water line shall be installed to the meter box at the
property owner’s expense. It shall be connected to the meter only by a
duly authorized employee of the Water Department. No fee shall be
charged for the installation of water service except in such cases where
water service is not now available on the property. In those cases a
charge shall be made for making the water tap and installing the
necessary pipes and meter which charge shall be as follows:
(a) For a three-quarter inch (3/4’) service ………..…. $250.00
(b) For a one inch (1”) service………………………... $375.00
(c) For a one and one-half inch (1 ½ “) service…….. $500.00
(d) For a two inch (2”) service …………………………$750.00
(e) All applications for services requiring a line larger than two
inches (2”) shall require a fee to be determined by the City Manager.
(f) In addition, at the time of installation of any new piping or
metering systems, a water and sewer tap shall be placed no less than
75 foot intervals to facilitate future installations.
7-204. PREMISE TO HAVE SEPARATE CONNECTION. Unless special
permission is granted by the City Manager, each premise shall have a
separate and distinct service connection, and where permission is
granted for branch services, each service shall have its own cutoff and
separate meter.
7-205. METERING. All water furnished by the municipal water system shall be
measured by meters furnished by the city for that purpose.
7-206. METERS. Every customer shall provide a suitable place for installation
of a meter and the city shall install and maintain the same.
7-207. READING METERS. Meters shall be read once monthly and will also
be read at any time service reverts back to a landlord/owner or there is
any change in payment responsibility. For the purpose of reading,
changing and inspecting meters, duly authorized employees of the
Water Department may legally enter upon any premises at a
reasonable hour. All meters must be readily accessible to the
employees of the water department.
7-208. METER READING CHARGE FOR REQUESTS. A fee of twenty
dollars ($20.00) shall be charged for additional meter readings
requested by any customer which are in addition to those outlined in
7-207 of this ordinance.
7-209. SERVICES TO BE INSTALLED BY LICENSED OPERATORS ONLY.
Only regular city employees of the Water Department or plumbers
licensed in accordance with the ordinances of the city shall do any
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plumbing on any pipes connected or to be connected to the municipal
water system.
7-210. TRENCHING, BACKFILLING. No excavation made in public ground
shall be kept open longer than necessary to make the connections
required. Any excavation while open shall be protected by suitable
barriers, guards and lights. Backfilling shall be thoroughly compacted
and left in a condition satisfactory to the Street Superintendent.
7-211. INTERRUPTION OF SERVICE. The city reserves the right to interrupt
service to any or all costumers of the municipal water system without
notice when the same is necessary in the repair of the system, or any
part thereof.
7-212. UNAUTHORIZED TAKING OF WATER. It shall be unlawful for any
person, firm, or corporation to:
(a) Take water from the municipal water system except through a
meter installed by the city, or,
(b) Take water from the municipal water system from
any premises not owned by such person, firm, or corporation, without
the permission of the owner thereof, or,
(c) Knowingly use or receive the benefit of service from
the municipal water system without the consent or authorization of
the city.
7-213. TAMPERING WITH CUTOFF VALVES. It shall be unlawful for any
person, except a duly authorized employee of the Water Department,
to turn any curb cock on or off.
7-214. WATER RATES. The rates to be charged for water sold from the
municipal water system shall be as follows:
(a) Minimum including first two thousand gallons (2,000 gals.) $14.63
(b) Next eight thousand gallons (8,000 gals.) 2.94 per thousand
(c) Over ten thousand gallons (10,000 gals.) 2.53 per thousand
7-215. SERVICE OUTSIDE CITY. All service provided outside the city limits
will be installed at the customer’s expense and under the supervision of
the city. All water sold to outside customers shall have a ten percent
(10%) surcharge added. Water service to Municipal entities shall be
charged in accordance with the rates
and time periods stated in the contracts negotiated with the City of
Herington.
7-216. CONNECTION FEE. Every customer shall pay to the City Clerk at the
time of giving an order for connection to the municipal water system the
sum of Ten Dollars ($10.00) for each connection.
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7-217. TRANSFER FEE. Every customer shall pay to the City Clerk at the
time of giving an order for transfer of service in the municipal water
system the sum of Five Dollars ($5.00) for each transfer.
7-218. RATE CHANGES. The rates, fees and charges established by this
ordinance for the use of and services rendered by the City may be
altered, amended or changed at anytime by ordinance duly adopted by
the governing body of the city and no notice thereof shall be required
except the publication of such ordinance in the official City newspaper
as required by law. No change or amendment of such fees and
charges shall have the effect of applying to services furnished by the
City prior to the effective date of such ordinance.
ARTICLE 3. SEWER SYSTEM
7-301. It is determined and declared to be necessary and conducive to the
protection of the public health, safety, welfare and convenience of the
City to collect charges from all users who contribute wastewater to the
City’s treatment works. The proceeds of such charges so derived will
be used for the purpose of operating, maintaining and retiring the debt
for such public wastewater treatment works. The user charge system
shall generate adequate annual revenues to pay costs of annual
operation and maintenance including replacement and costs
associated with debt retirement of bonded capital associated with
financing the treatment works which the City may be ordinance
designate to be paid by the user charge system. That portion of the
total user charge which is designated for operation and maintenance
including replacement of the treatment works shall be established.
Each user shall pay for the services provided by the City based on his
use of the treatment works as determined by water meter(s) acceptable
to the City. The City will review the user charge system at least every
two years and revise user charge rates as necessary to ensure that the
system generates adequate revenues to pay the costs of operation and
maintenance including replacement and that the system continues to
provide for the proportional distribution of operation and maintenance
including replacement costs among users and user classes.
7-302. DEFINITIONS. Unless the context specifically indicates otherwise, the
meaning of terms used in this ordinance shall be as follows:
(a) “BOD” (denoting Biochemical Oxygen Demand) shall mean the
quantity of oxygen utilized in the biochemical oxidation of organic
matter under standard laboratory procedure in five (5) days at 20
Degrees C, expressed in milligrams per liter (mg/l).
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(b) “Normal Domestic Wastewater” shall mean wastewater that has
a BOD concentration of not more than 300 mg/l and a suspended
solids concentration of not more than 350 mg/l (and any other pollutant,
concentration of not more than allowed by regulation).
(c) “Operation and Maintenance” shall mean all expenditures during
the useful life of the treatment works for materials, labor, utilities, and
other items which are necessary for managing and maintaining the
treatment works to achieve the capacity and performance for which
such works were designed and constructed.
(d) “Replacement” shall mean expenditures for obtaining and
installing equipment, accessories, or appurtenances, which are
necessary during the useful life of the treatment works to maintain the
capacity and performance for which such works were designed and
constructed. The term ‘operation and maintenance” includes
replacement.
(e) “Residential Contributor” shall mean any contributor to the City’s
treatment works whose lot, parcel of real estate, or building is used for
domestic dwelling purposes only.
(f) “Shall” is mandatory; “May” is permissive.
(g) “SS” (denoting 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.
(h) “Treatment Works” shall mean any devices and systems for the
storage, treatment, recycling, and reclamation of municipal sewage,
domestic sewage, or liquid industrial wastes. These include
intercepting sewers, outfall sewers, sewage collection systems,
individual systems, pumping, power, and other equipment and their
appurtenances; extensions improvement, remodeling, additions and
alterations thereof; elements essential to provide a reliable recycled
supply such as standby treatment units and clear well facilities; and
any works, including site acquisition of the land that will be an integral
part of the treatment process or is used for ultimate disposal of
residues resulting from such treatment (including land for composting
sludge, temporary storage of such compost, and land used for the
storage of treated wastewater in land treatment systems before land
application); or any other method or system for preventing, abating,
reducing, storing, treating, separating, or disposing of municipal waste
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or industrial waste, including waste in combined storm water and
sanitary sewer systems.
(i) “Useful Life” shall mean the estimated period during which a
treatment works will be operated.
(j) “User Charge” shall mean that portion of the total wastewater
service charge, which is levied in a proportional and adequate manner
for the cost of operation, maintenance, and replacement of the
wastewater treatment works.
(k) “Water Meter” shall mean a water volume measuring and
recording device, furnished and/or installed by the City of Herington or
furnished and/or installed by a user and approved by the City of
Herington.
7-303. SEWER CONNECTIONS REQUIRED. Any person, firm, or corporation
owning a building within the city, which building is or shall be located
near a sewer, or in a block within the sewer district in the city through
which a sewer extends or shall extend, is required to connect such
premises with such sewer system, for the purpose of disposing of all
substances from any such building affecting the public health, which
may be lawfully and properly disposed of by means of such sewer.
7-304. CITY MAY CONNECT. If any person, firm, or corporation shall fail,
neglect or refuse to so connect herein provided for more than ten (10)
days after being notified, in writing, by the Board of health to do so, the
city may cause such building to be connected with the sewer system.
The city in such case shall advertise for bids for the construction and
making of such sewer connections, contract therefore with the lowest
responsible bidder or bidders, cause such premises to be connected
with the sewer system, and assess the costs and expenses thereof
against the property and premises so connected, such assessment to
be made in the same manner as other special assessments.
7-305. EXPENSE OF CONNECTION. Any person, firm, or corporation
desiring to connect any property shall at the owner’s expense under
the direction, supervision and approval of the City Manager construct
such connecting sewer line to the municipal sewer system.
7-306. CONNECTION FEE. Any person, firm, or corporation shall before
connecting to the municipal sewer system apply to the City Clerk for a
permit, which permit shall be issued by the City Clerk upon the
payment of a fee of one hundred dollars ($100.00), unless otherwise
provided by ordinance.
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7-307. SURFACE WATER. It shall be unlawful for any person, firm or
corporation to permit or connect any runoff of surface water into the
sanitary sewers of the city, such as runoff from roofs, ground, paved
areas, cistern overflows, and discharge from ground water collections.
7-308. OUTDOOR TOILETS.
(a) It shall be lawful for any person, firm, or corporation to
construct or operate a portable outdoor toilet, privy or vault provided
such person, firm, or corporation has first properly applied for and
received applicable permits from the City of Herington. No such
facility designed for permanent use shall be permitted.
(b) Upon application, city staff charged with the duty of code
enforcement shall review and approve all properly submitted
applications and shall monitor such facilities during the period of use
for compliance with health codes, placement, permit time constraints,
and general condition or maintenance of the unit(s) placed under the
permit. City staff shall be authorized to delegate and engage an
appropriate, qualified professional maintenance service to inspect and
assure compliance as required herein.
(c) Permits shall be granted for a maximum of ninety (90) days with
extensions granted for good cause shown upon proper application to
the City for up to ninety (90) days in any single extension. A fee of ten
dollars ($10) shall be assessed for each permit or renewal issued
hereunder.
(d) Any such portable facilities shall be prohibited in all residential
districts within the City in the case of new housing construction sites or
unless such prohibition is expressly and temporarily waived by the
City Manager for good cause shown.
7-309. SEWER RATES. The rates to be charged for the use of the municipal
sewer system shall be as follows:
(a) For residential contributors, monthly user charges
will be based on the average monthly water usage during the months
of January, February, and March of each year. If a residential
contributor has not established a January, February, and March
average, his monthly user charge shall be the median charge of all
other residential contributors.
(b) For commercial and industrial contributors, user
charges shall be based on water metered during the current month. If
a commercial or industrial contributor has a consumptive use of
water, or in some manner uses water which is not returned to the
wastewater collection system, the user charge for that contributor may
be based on a wastewater meter or separate water meter installed and
maintained at the contributor’s expense, and in a manner acceptable
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to the city. Said meter shall be open and available for inspection and
reading by an authorized city representative.
(c) The minimum charge per month shall be eight
dollars and twenty-five cents ($8.25). In addition, each contributor
shall pay a user charge rate for the operation and maintenance
including one dollar and fifty cents ($1.50) per one thousand (1,000)
gallons of water (or wastewater) as determined in the preceding
section.
(d) For those contributors who contribute wastewater,
the strength of which is greater than normal domestic waste, a
surcharge in addition to the normal user charge will be collected. The
surcharge for operation and maintenance including replacement is:
$0.293 per pound BOD
$0.269 per pound SS
$____ per pound Other Pollutant(s) Namely ________________
(e) Users having foundation drains, sump pumps, roof
drains or other connections which contribute storm or runoff water to
the sanitary sewer system shall be assesses a surcharge of ten dollars
($10.00) per month in addition to the regular sewer charges.
7-310. TOXIC POLLUTANT CHARGES. Any user which discharges any toxic
pollutants which cause an increase in the cost of managing the effluent
or the sludge from the city’s treatment works, or any user which
discharges any substance which singly or by interaction with other
substances causes identifiable increases in the cost of operation,
maintenance, or replacement of the treatment works, shall pay for such
increased costs. The charge to each such user shall be as determined
by the Governing Body.
7-311. INSPECTION. The Superintendent of the City, or his authorized
representative, 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 article. The Superintendent shall have no
authority to inquire into processes including metallurgical, chemical, oil,
refining, ceramic, paper, or other industries beyond that point having
bearing on the kind and source of discharge to the sewers or
waterways or facilities for waste treatment. Any report, record, or
information taken for purposes of administrating this article shall remain
confidential to the Superintendent, except that such report record, or
information may be disclosed to other officials, employees, or
authorized representatives of the City and except for such effluent
information as may be required by Federal and State regulations.
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7-312. LIABILITY. While performing the necessary work on private properties,
the Superintendent 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.
7-313. EASEMENTS. The Superintendent of the City bearing proper
credentials and identification shall be permitted to enter all private
properties through which the City holds a duly negotiated easements
for the purposes of, but not limited to, inspection observation,
measurements, sampling, repair, and maintenance of any portion of
the wastewater collection system 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.
7-314. NOTICE OF VIOLATION. Any person found to be violating any
provision of this article 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.
7-315. PENALTY. Any person who shall continue any violation beyond the
time limit shall be guilty of a misdemeanor, and on conviction thereof
shall be fined in an amount not exceeding one hundred dollars
($100.00) for each violation, or a jail sentence not exceeding thirty (30)
days, or by both such fine and incarceration. If the conviction is for a
violation committed after a first conviction of such person under this
section, punishment shall be a fine not exceeding three hundred
dollars ($300.00) per day of such violation, together with imprisonment
of not more than ninety (90) days as may be assessed by the court for
each day of violation. Each day in which any such violation shall
continue shall be deemed a separate offense.
7-316. COSTS. Any person violating any of the provisions of this article shall
become liable to the City for any expense, loss, or damage occasioned
by the city, by reason of such violations, including such fines, penalties
and other costs which may be assessed to the City for violation of
wastewater treatment plant effluent requirements, where such violation
is created by a user of the treatment works who, in turn, is in violation
of City, State, or Federal regulations.
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ARTICLE 4. UTILITY BILLING
7-401. DEFINITIONS. As used in this article, the following definitions shall
apply:
(a) “Customer” shall mean the utility service account holder of
record.
(b) “Person” shall mean natural persons and all corporations,
partnerships, associations and all other types and kinds of
organizations and entities, without limitation.
(c) “Utility services” shall mean electrical service, sanitary sewer
service and water service.
7-402. UTILITY BILLING DATES; DELINQUENCY DATE. Utility billings
shall be mailed on approximately the 5th day of each month for the
previous month serviced. All billings for utility services shall be due
and payable at the office of the City Clerk on the 5th day of the month
and must be paid in full by the 25th of the month. Failure to make
payment before the 26th day of the month shall result in the mailing of
an account delinquency and service disconnection notice.
7-403. DELINQUENT UTILITY BILLS. The procedures applicable to
delinquent utility bills shall be as follows:
(a) An account delinquency and service discontinuance notice
shall be issued in writing on the 26th day of the month with respect to
any delinquent and unpaid utility service bill. Notice shall be sent by U.
S. mail, first class, to the customer (and a copy also sent by U. S.
Mail, first class, to the occupant of the premises served if the occupant
is not the customer) at the last known address of the customer as
shown on the records of the city. Written notice may also be provided
by personal service upon the customer by an employee of the city
Utility Department or by any city law enforcement officer or by such
city employee posting the written notice upon a door of a building
upon the property serviced.
(b) The notice of account delinquency and service discontinuance
shall provide the following information:
(1) Name of customer and address where service is being
provided.
(2) Account number.
(3) Amount past due plus delinquency charges.
(4) Date of notice.
(5) Notice that utility service shall be terminated upon failure to
pay the delinquent billing plus delinquency charges by the date posted
on the delinquency notice.
(6) Notice that the customer has the right to appear and be
heard at a hearing on the hearing date set by the city. The request for
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the hearing must be made within five (5) days of the date of the
delinquency notice.
(c) Any utility customer receiving a notice of account delinquency
and service discontinuance shall have the right to a hearing prior to
disconnection. At such hearing, the applicant customer, and the city,
shall have the right to present such evidence as is pertinent to the
issue, may be represented by counsel, and may examine and cross-
examine witnesses, however formal rules of evidence shall not be
followed. The hearing shall be conducted by a Hearing Officer
appointed by the mayor, with the consent of the governing body. In the
event the Hearing Officer finds utility services should not be
discontinued, the Hearing Officer shall so order and advise the city
thereof. In the event the Hearing Officer finds utility services should be
discontinued, the Hearing Officer shall so order and advise the city
thereof. Unless otherwise ordered by the Hearing Officer, utility
services shall be discontinued on the date that the order of
discontinuance is issued by the Hearing Officer. Extensions of the
date of discontinuance may be granted to enable the customer to
make arrangements or reasonable installment payments or for other
good cause shown. In making a determination of whether
discontinuance should be ordered, the Hearing Officer shall consider,
but not be limited to, the following factors: Whether discontinuance is
dangerous to the health of the customer, the customer’s family or any
other residents of the premises affected; the weather; unforeseen
financial hardship to the customer; and the medical conditions, ages
or disabilities of the customer, and the customer’s family or other
residents of the premises.
7-404. DISCONTINUANCE OF UTILITY SERVICES. City utility departments
are hereby authorized to discontinue and disconnect utility services to
any customer pursuant to the following procedure. Customers shall
remain responsible for furnishing the city with the correct address for
billing purposes.
(a) The city may discontinue or refuse a particular utility service to
any customer, without notice or hearing, for any of the following
reasons:
(1) When the customer so requests.
(2) When it is determined by an employee of the city Utility
Department, Fire Department, or Police Department that the
continuance of a particular utility service constitutes a dangerous
condition presenting a likely immediate threat to health or safety of
persons or to property on or near the customer’s premises.
(b) The city may discontinue or refuse a particular utility service to
any customer, following compliance with the notice and hearing
requirements of this article, for any of the following reasons:
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(1) Nonpayment of utility bills and charges as provided in this
article.
(2) When the customer misrepresents his or her identity or
otherwise intentionally provides false information for the purpose of
obtaining utility services from the city.
(c) The city may disconnect or refuse a particular utility service to
any customer, following notice to the customer, for any of the reasons
provided in this article. The customer shall have the right to a hearing
within a reasonable time, not to exceed five (5) days, following
termination or refusal of service. If after such hearing the Hearing
Officer finds in favor of the customer, the Hearing Officer may order
connection or reconnection of the service at no cost to the costumer.
(1) When the customer refuses to grant employees of the city
Utility Department access to equipment installed upon the premises of
the customer for the purpose of inspection, meter reading,
maintenance or replacement.
(2) When the customer violates any rule, regulation, or
ordinance of the city pertaining to utility services, which violation
adversely affects the safety of the customer or other persons, or the
integrity of the utility services’ delivery system.
(3) When the customer attempts, causes or permits
unauthorized interference, diversion, theft, tampering, damage or use
of utility services or the utility services’ delivery system situated or
delivered on or about the customer’s premises.
(d) At the City’s option, in lieu of termination of service, the City
may limit electrical service to customers with current unpaid balances
due the City. Such option shall be within the discretion of the City and
may be changed at any time. The City will first provide notice in
writing that the account is delinquent. If the delinquent account is not
paid in full, the City may install an electrical limiting device on the
residence or business. Limiting device operating instructions shall be
provided to the customer at the time of installation. The limiting device
shall remain installed until all accounts with the City are paid in full.
The limiting device may be reinstalled on the residence or business
each month on recurring past due accounts.
7-405. LATE PAYMENT CHARGES. All bills delinquent after the 25th day of
the month of the billing shall be subject to a ten percent (10%) penalty.
Penalty shall be applied to all new delinquent charges and not applied
to prior charges for which a late payment fee has been previously
applied. Penalty will be added to all bills on the 26th day of the month
regardless of the circumstances.
7-406. RECONNECTION CHARGES. Prior to reconnecting a utility service
disconnected following a delinquency, the customer shall pay to the
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city the entire balance due and owing to the city at the time of
reconnection. The customer shall also pay a reconnection charge of
seventy-five dollars ($75.00). The service to said utility shall be
reconnected after 8:00 A. M. on the next working day after the
reconnection fee is paid.
7-407. LANDFILL CHARGES. All utility billings shall include the landfill
charge assessed by the Board of County Commissioners of Dickinson
County, Kansas in such amount as determined by said Board.
7-408. WATER SURCHARGE. All municipal water system billings shall
include the water surcharge fee assessed by the State of Kansas in
such amount as determined by the State of Kansas.
7-409. PAYMENT BY CHECK. Any person who makes any payment to the
City of Herington, Kansas with checks that are dishonored for
insufficient funds or no account on two (2) occasions within any twelve
(12) month period shall not be permitted to make payment by check to
the City of Herington, Kansas for a period of one (1) year after the
dishonor of the second such check.
7-410. BAD DEBT CHARGES. All bills which are determined to be bad debt
and turned over for outside collection, including the State of Kansas
Set-off Program, shall be subject to a fee of thirty-five percent (35%)
of the total of the delinquent amount. This bad debt administrative
charge shall be applied prior to referral for collection.
ARTICLE 5. PETTY CASH FUND
7-501. FUND ESTABLISHED. There is hereby created a fund to be known
as the “Petty cash Fund” for the use of the utility department of the
city.
7-502. USES. The Petty Cash Fund shall be used by such utilities for the
purpose of paying postage, freight, temporary labor, and other
emergency expense, including refund of deposits made to secure
payment of accounts.
7-503. AMOUNT. The amount of the fund shall be determined and set by
resolution of the governing body, duly enrolled in the minutes of the
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governing body, and shall be subject to increase or reduction by
subsequent action of the governing body.
7-504. REPLENISHED. The Petty Cash Fund shall be replenished by proper
warrant drawn to the Petty Cash Fund upon the funds of the utility
departments of the city and deposited in an official city depository.
7-505. CHECKS. Such Petty Cash Fund shall be paid out only on the order
of the City Clerk by checks which shall state clearly the purpose for
which issued.
7-506. CERTIFICATES. The payees of such checks shall certify thereon over
their signatures that such services were rendered, supplies furnished,
or refunds received, as the case may be, and any false certification on
such checks shall be deemed obtaining money under false pretenses
and punished as provided by law.
7-507. AUDIT. Whenever such Petty Cash Fund becomes low or depleted,
and/or at the end of each calendar month, the City Clerk shall prepare
vouchers covering such expenses as have been paid from such Petty
Cash Fund, and shall submit such vouchers together with the paid
checks to the City Manager for audit and allowance of the amount
from the regular funds of the utility department. 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, for use as herein provided.
ARTICLE 6. EMERGENCY WATER CONSERVATION
7-601. DEFINITIONS. As used in this article, the following definitions shall
apply:
(a) “Water”, as the term is used in this ordinance, shall mean water
available to the City of Herington and the city’s water service area 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”, as the term is used in this ordinance, 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”, as the term is used in this ordinance,
includes, but is not limited to permitting water to escape down a gutter,
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ditch, or other surface drain, or 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”, is 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 areas; or
the washing of motor vehicles, boats, trailers, or the exterior of any
building or structure.
“Class 2 Water”, is 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 Water” is domestic water usage, other than that which
would be included in either Classes 1 or 2.
“Class 4 Water” is water necessary only to sustain human life
and the lives of domestic pets and maintain minimum standards of
hygiene and sanitation.
7-602. DECLARATION OF A 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.
7-603. 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 be empowered 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.
7-604. 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
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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 they 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.
7-605. VOLUNTARY CONSERVATION MEASURES. Upon the declaration
of a water watch or water warning as provided, 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 1 uses of water.
(b) Waste of water.
7-606. MANDATORY CONSERVATION MEASURES. Upon the declaration
of a water supply emergency as provided, 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.
7-607. EMERGENCY WATER RATES. Upon the declaration of a water
supply emergency as provided, 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 not be 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
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(c) Extra charges in excess of a specified level of water use
(excess demand surcharge).
7-608. REGULATIONS. During the effective period of any water supply
emergency as provided, the mayor (or the city manager or water
superintendent) is empowered to promulgate such regulations as may
be necessary to carry out the provisions of this ordinance, and or
recommend 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.
7-609. VIOLATIONS, DISCONNECTIONS AND PENALTIES. The following
procedures shall apply to violations of this article:
(a) If the City Manager, mayor, 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 this
ordinance, a written notice of violation shall be affixed to the property
where the violation occurred and the consumer of record and to 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 consumer
subject to the following procedures.
(1) The city shall give the consumer notice by mail or actual
notice that the water service will be discontinued within a specified
time due to the violation and the consumer 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 consumer 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 fifty dollars ($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 two
hundred dollars ($200.00) for the second reconnection and three
hundred dollars ($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
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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. In addition, such consumer 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. In addition, such consumer shall
serve a definite term of confinement in city or county jail which shall be
fixed by the Court and which shall not exceed 30 days.
7-610. EMERGENCY TERMINATION. Nothing in this ordinance shall limit
the ability of any properly authorized city official from terminating the
supply of water to any or all consumers upon the determination of
such city official that emergency termination of water service is
required to protect the health and safety of the public.
7-611. SEVERABILITY. If any provision of this ordinance is declared
unconstitutional, or the application thereof to any person or
circumstance is held invalid, the constitutionality of the remainder of
the ordinance and its applicability to other persons and circumstances
shall not be affected thereby.
ARTICLE 7. SOLID WASTE
7-701. DEFINITIONS. Unless the context clearly indicates otherwise, the
meaning of words and terms as used in this ordinance 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.
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Rubbish or trash 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.
7-702. 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.
7-703. CONTRACTS. The city shall have the right to enter into a contract with
any responsible person for collection and disposal of solid waste.
7-704. DUTY OF OWNER, OCCUPANT. The owner or occupant of every
dwelling unit or commercial enterprise shall provide at his or her own
expense a suitable container for the storage of solid waste as
provided in this ordinance. No owner or occupant shall permit to
accumulate quantities of refuse or other waste materials within or
close to any structure within the city unless the same is stored in
approved containers and in such a manner as not to create a health or
fire hazard.
7-705. CONTAINERS. Residential containers shall have a capacity of not
more than thirty (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.
7-706. BULK CONTAINERS. On premises where excessive amount of
refuse accumulates or where cans or bags are impractical bulk
containers for the storage of refuse may be used. Containers shall
have a capacity and shall be equipped with appurtenances for
attaching mechanical lifting devices which are compatible with the
collection equipment being used. Containers shall be constructed of
durable rust and corrosion resistant material which is easy to clean. All
containers shall be equipped with tight fitting lids or doors to prevent
entrance of insects or rodents. Doors and lids shall be constructed
and maintained so they can be easily opened. Containers shall be
watertight, leak-proof and weather-proof construction.
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7-707. ENTRY OF PRIVATE PREMISES. Solid waste collectors, employed
by the city or operating under contract with the city, are hereby
authorized to enter in and upon private property for the purpose of
collecting solid waste there-from as required by this ordinance.
7-708. 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.
7-709. 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.
7-710. 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.
7-711. HAZARDOUS MATERIALS. No person shall deposit in a solid waste
container or otherwise offer for collection any hazardous substance,
garbage, refuse, or waste. Hazardous materials 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.
7-712. 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.
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(d) Bury refuse at any place within the city except that lawn and
garden trimmings may be composted.
7-713. 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 ordinance.
7-714. 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.
7-715. PRIVATE COLLECTORS; LICENSE REQUIRED. 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; provided, that 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 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.
7-716. 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 fifteen (15) days prior to the date of
application.
7-717. SAME; FEE. No license shall be issued unless the applicant shall pay
to the city clerk the sum of Ten Dollars ($10.00) per annum for each
vehicle used in the collection and transportation of solid waste. The
permit shall be effective only for the calendar year and shall expire on
December 31st of the calendar year in which said permit is issued.
7-718. 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.
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7-719. CLOSED VEHICLE. Any vehicle used my 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 there-from.
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.
7-720. RULES AND REGULATIONS. The collection and transportation of
trash and waste materials shall be at all times under the general
supervision of the city manager 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 ordinance 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.
7-721. FAILURE TO SECURE LICENSE. Any person who shall conduct or
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 ordinance or who shall violate the terms and
provisions of this ordinance shall be deemed guilty of a violation of this
ordinance and upon conviction thereof shall be punished as provided
in section 1-811.
7-722. CHARGES. The city shall collect a monthly service charge of $17.25
per dwelling unit per month to defray the cost and maintenance of the
collection and disposition of solid waste within the city.
7-723. BILLING. The monthly service charge shall be billed at the same time
and in the same manner as the charges for other municipal utility
services and shall carry the same due dates, grace periods and
penalties as said bills. No payment shall be accepted on municipal
utility bills except for the full amount billed for all municipal utility
service.
7-724. SAME; DELINQUENT ACCOUNT. In the event the owner or
occupant of any property shall fail to pay the solid waste bill within
sixty (60) days following the date upon which it becomes due, the city
clerk shall annually certify such unpaid bill 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.
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ARTICLE 8. STORM WATER UTILITY
7-801. PURPOSE. The purpose of this chapter is to establish a Storm Water
Utility and provide a means of funding the construction, operation and
maintenance of storm water management facilities, including but not
limited to detention and retention basins, storm water sewers, inlets,
ditches and drains, and cleaning of streets. The Commission finds
that the construction, operation and maintenance of City’s storm and
surface drainage system should be funded by and through charging
users of property, which may connect, or discharge directly or
indirectly into the storm and surface water drainage system and
thereby benefit from such a system.
7-802. DEFINITIONS. For use in this chapter, unless the context specifically
indicates otherwise, the following terms are defined:
“Connection” means the physical act or process of tapping a public
storm water, sewer or drainage line, or joining onto an existing side
sewer, for the purpose of connecting private impervious surface or other
storm and surface water sources or systems to the public storm and
surface water system. It also includes creation or maintenance of
impervious surface that causes or is likely to cause an increase in the
quantity or decrease in quality, or both, from the natural state of storm
water runoff, and which drains, directly or indirectly, to the storm and
surface water system, whatever kind the system may be.
“Customer” means, in addition to any person receiving storm water
service from the City, the owner of the property served, and as between
such parties the duties, responsibilities, liabilities and obligations
hereinafter imposed shall be joint and several.
“Parcel” means a contiguous area of land described in a single legal
description, or as one of a number of lots on a plat; separately owned
either publically or privately; and capable of being separately
conveyed.
“Rate” means the fee established by commission approval for the
Storm Water Utility.
“Storm and surface water drainage system” means any
combination of publicly owned storm and surface water quality and quality
facilities, pumping, or lift facilities, storm and secondary drain pipes and
culverts, open channels, creeks and ditches, force mains, laterals,
manholes, catch basins and inlets, including grates and covers thereof,
detention and retention facilities, laboratory facilities and equipment, and
other publicly owned facilities for the collection, conveyance, treatment
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and disposal of the storm and surface water system within the City, to
which sanitary sewage flows are not intentionally admitted.
“User” means any person who uses property that maintains
connection to, discharges to, or otherwise receives services from the City
for storm water management. The occupant or occupant of occupied
property is deemed the user. If the property is not occupied, the person
who has the right to occupy or legal owner who has the right to occupy
the property shall be deemed the user.
7-803. STORM WATER DRAINAGE SYSTEM DISTRICT ESTABLISHED.
Pursuant to the authority of Chapter 12, Article 31 of the Code of
Kansas, the entire City is hereby declared a Storm Water Drainage
System District for the purpose of establishing, imposing, adjusting
and providing for the collection rates for the operation and
maintenance of storm water management facilities. The entire City,
as increased from time to time by annexation shall constitute a single
Storm Water Drainage System District.
7-804. FINDINGS AND DETERMINATIONS. It is found, determined, and
declared that the element of the storm water management system,
which provides for the collection, treatment, and disposal of storm
water are of benefit and provide services to property within the
incorporated city limits. The beneficiaries of the system include all
real properties within the city, all of which are deemed to benefit from
a storm water management system. Each customer shall pay for
storm and surface water drainage system service provided by the City.
Imposing a yearly rate on each residential, commercial, and industrial
parcel within the City of Herington shall cause the collection of the
rates for the operation and maintenance of the storm water
management facilities. The commission may adopt rules, charges,
rates and fees for the use of the City’s storm and surface water
system, and for services provided by the City relating to that system.
Such charges and fees shall be just and equitable based upon the
actual costs of operation, maintenance, acquisition, extension and
replacement of the City’s system, the costs of bond repayment,
regulation, administration and services of the City. A fee of $36.00
dollars shall be charged to each individual home parcel and a fee of
$60.00 dollars shall be charged to commercial/industrial parcel each
billing cycle.
7-805. PAYMENT OF BILLS. All Storm Water Drainage System District
charges shall be due and payable through a Special Assessment that
shall be collected by the County Treasurers office.
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CHAPTER VIII. ZONING
Article 1. Planning Commission
Article 2. Board of Zoning Appeals
Article 3. Zoning and Subdivision Regulations
Article 4. Flood Plain Zoning Regulations
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ARTICLE 1. PLANNING COMMISSION
8-101. CITY PLANNING COMMISSION CREATED. There is hereby created
a Planning Commission for the City of Herington, Kansas, which shall
consist of nine (9) electors of which seven (7) members shall be
residents of the city and two (2) members shall reside outside the city
but within three (3) miles of the corporate limits of the city.
8-102. MEMBERSHIP; APPOINTMENT. The members of the Planning
Commission shall be appointed by the Mayor by and with the consent
of the Commission. The members of the Planning Commission shall
be appointed for terms of three (3) years each. Vacancies shall be
filled by appointment for the unexpired term only. The members of the
Planning Commission shall serve without compensation.
8-103. MEETINGS, OFFICERS, RECORDS AND BUDGET.
(a) 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 (1) member as chairperson and one
member as vice-chairperson who shall serve one (1) 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
membership thereof. A proper record of all the proceedings of the
commission shall be kept. The commission, from time to time, may
establish subcommittees, advisory committees or technical
committees to advise or assist in the activities of the commission.
(b) 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
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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 or
federal government or from any other source for such purposes.
8-104. POWERS AND DUTIES. The Governing Body and Planning
Commission shall have all the powers and duties as set forth in
Kansas Statutes Annotated 12-741. et seq. and amendments thereto.
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 Dickinson
and Morris counties, which in the opinion of the commission forms the
total community of which the city is a part in accordance with the
notice provisions of K. S. A. 12-747 (a). 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.
ARTICLE 2. BOARD OF ZONING APPEALS
8-201. BOARD OF ZONING APPEALS. There is hereby created a Board of
Zoning Appeals, which shall consist of five (5) members, all of whom
shall be residents of the city. None of the members shall hold any
other public office of the city except that one (1) member may be a
member of the Planning Commission.
8-202. MEMBERS APPOINTMENT; TERMS; COMPENSATION. The
members of the Board of Zoning Appeals shall be appointed by the
mayor with the consent of the Commission. The members of the
Board of Zoning Appeals first appointed shall serve respectively for
terms of one (1), two (2) and three (3) years. Thereafter members
shall be appointed for terms of three (3) years each. Vacancies shall
be filled by appointment of the unexpired term. Members of the Board
of Zoning Appeals shall serve without compensation.
8-203. CHAIRPERSON. The Board of Zoning Appeals shall annually elect
one of its members as Chairperson, and shall appoint a Secretary who
may be an officer or employee of the city. The Board shall adopt rules
in accordance with this article and any supplementary ordinances or
amendments thereto. Meetings of the Board shall be held at the call of
the Chairperson and at such other times as the Board may determine.
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8-204. MINUTES: FEE FOR FILING A NOTICE OF APPEAL. The Board of
Zoning Appeals shall keep minutes of its proceedings showing
evidence presented, findings of fact by the Board, decisions of the
Board, and vote upon each question. Records of all official actions of
the Board shall be filed in its office and shall be of public record. The
Board shall require the payment to the office of the City Clerk by the
party appealing at the time of the filing of the notice of appeal, and
shall pay an appeal fee to cover all costs of appeal to the Board. The
appeal fees are as follows: conditional use appeal - $100.00; variance
appeal - $100.00; and rezoning appeal - $150.00. None of such sums
are refundable to the party appealing, and in the event the City Clerk
determines such sum is inadequate to cover the costs of appeal, he or
she may require a deposit of such additional sum as will cover the
cost of appeal.
8-205. POWERS, DUTIES OF BOARD. Any aggrieved person appealing to
such board including any officer of the city or any governmental
agency and the officer from whom an appeal is taken shall have all the
powers and duties set forth in K.S.A. 12-759, et seq., and such other
powers and duties as are now or may hereafter be prescribed by law.
ARTICLE 3. ZONING AND SUBDIVISION REGULATIONS
8-301. ZONING AND SUBDIVISION REGULATIONS INCORPORATED BY
REFERENCE. There is hereby incorporated for the purpose of
establishing regulations and restrictions concerning the location,
construction and use of land, buildings and structures within the city
limits of the City of Herington, Kansas, dividing the city into districts
and in accordance with a zoning district map, adopting a map of the
city showing boundaries and the classification of the districts, defining
certain of the terms used in the regulations, providing for changes and
amendments to the regulations, and prescribing penalties for the
violation of the regulations that certain ordinance known as the
“Herington Zoning Ordinance,” Ordinance Nos. 1490 and 1491, and
the whole thereof, of which no fewer than three copies have been and
are now filed with the City Clerk as provided by law and the same is
hereby adopted by reference and incorporated as part of this section
as if set out at length herein.
8-302. PENALTY. Any person, firm, or corporation violating any of the
provisions of this article shall, upon conviction thereof, be fined in any
sum not exceeding five hundred dollars ($500.00), or be imprisoned
for a period not to exceed thirty (30) days, or be both so fined and
imprisoned.
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ARTICLE 4. FLOOD PLAIN ZONING REGULATIONS
8-401. FLOOD PLAIN ZONING REGULATIONS INCORPORATED. There is
hereby adopted and incorporated by reference Ordinance No. 1390A,
and amendments thereto, “Flood Plain Zoning Regulations.” No fewer
than three copies of the “Flood Plain Zoning Regulations” shall be
marked or stamped “Official Copy as Incorporated by the Code of the
City of Herington,” and shall be filed with the City Clerk to be open to
inspection and available to the public at all reasonable hours of
business.
8-402. PENALTY. Any person, firm, or corporation violating any of the
provisions of this article shall, upon conviction thereof, be fined in any
sum not exceeding five hundred dollars ($500.00), or be imprisoned
for a period not to exceed thirty (30) days, or be both so fined and
imprisoned.
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