CODE OF THE CITY OF CONWAY SPRINGS, KANSAS
GOVERNING BODY AND OFFICIALS
PREFACE
ORDINANCE NO. 1909
CERTIFICATE OF THE CITY CLERK
COMPARATIVE TABLE OF ORDINANCES
TABLE OF CONTENTS
CHAPTER 1. ADMINISTRATION
Article 1. General Provisions
1-101. Code designated.
1-102. Definitions.
1-103. Existing ordinances.
1-104. Effect of repeal.
1-105. Catchlines of sections.
1-106. Parenthetical and reference matter.
1-107. Amendments; repeal.
1-108. Ordinances.
1-109. Same; subject and title; amendment.
1-110. Same; publication.
1-111. Same; ordinance book.
1-112. Resolutions, motions.
1-113. City records.
1-114. Altering code.
1-115. Scope of application.
1-116. General penalty.
1-117. Severability.
1-118. Penalties for insufficient funds.
Article 2. Governing Body
1-201. Governing body.
1-202. Same; powers generally.
1-203. Same; meetings.
1-204. Same; quorum.
1-205. Powers of the mayor.
1-206. President of the council.
1-207. Administrative powers.
1-208. Vacancies in governing body; how filled.
1-209. Compensation.
1-210. Expenses.
1-211. Code of ethics.
Article 3. Officers and Employees
1-301. Appointment.
1-302. Employees.
1-303. Removal.
1-304. Vacancy in office.
1-305. City administrator.
1-306. Same; powers; duties and responsibilities.
1-307. Same; compensation review.
1-308. City clerk.
1-309. Same; fiscal records.
1-310. Same; seal; oaths.
1-311. Same; withholding agents.
1-312. Assistant city clerk.
1-313. City treasurer.
1-314. City attorney; office; duties.
1-315. City prosecutor; office; duties.
1-316. City engineer.
1-317. Appointment or employment in more than one position.
1-318. Conflict of interest.
Article 4. Personnel Policy and Employee Benefits
1-401. Personnel policies and guidelines.
Article 5. Oaths and Bonds
1-501. Oath; affirmation.
1-502. Oaths filed.
1-503. Bonds required.
1-504. Same; premiums.
1-505. Condition of bonds.
1-506. Approval of bonds.
Article 6. Open Records
1-601. Policy.
1-602. Record custodians.
1-603. Local freedom of information officers.
1-604. Public request for access.
1-605. Facilities for public inspection.
1-606. Procedures for inspection.
1-607. Appointment of official custodians.
1-608. Appointment of local freedom of information officer.
1-609. Designation of additional record custodians.
1-610. Requests to be directed to custodians.
1-611. Fee administration.
1-612. Inspection fee.
1-613. Copying fee.
1-614. Prepayment of fees.
1-615. Payment.
Article 7. Investment of Public Funds
1-701. Purpose and goals.
1-702. Active funds; designation of depositories; eligible depositories.
1-703. Definitions.
1-704. Investment of idle funds.
1-705. Procedures and restrictions.
1-706. Custody and safekeeping.
1-707. Sale or transfer.
1-708. Interest on time deposits.
Article 8. Revenue, Finance & Community Development
1-801. City sales tax; 1% for general purposes.
1-802. City sales tax; additional 1% for general purposes and 1% for city streets.
CHAPTER 2. ANIMAL CONTROL AND REGULATION
Article 1. General Provisions
2-101. Definitions.
2-102. Animal control officer; duty to impound; citation alternative.
2-103. Same; capture/destruction.
2-104. Same; right of entry; unlawful interference.
2-105. Municipal pound established.
2-106. Breaking pound.
2-107. Cruelty to animals.
2-108. Same; exceptions.
2-109. Keeping animals.
2-110. Animal traps.
2-111. Nuisance; animal activities prohibited.
2-112. Noisy animals.
2-113. Animal confines; shelters.
2-113a. Same; stockyards; commercial holding pens.
2-114. Death of animals.
2-115. Vicious animals.
2-116. Running at large.
2-117. Impoundment; fee; notice; record.
2-118. Redemption of impounded animals.
2-119. Impoundment of rabies suspects.
2-119a. Impoundment of rabies suspects.
2-120. Animals bitten by rabid animals.
2-121. Vehicular accidents involving animals.
2-122. Emergency; proclamation.
2-123. Kennel licenses.
Article 2. Dogs
2-201. Registration fee and vaccination required.
2-202. Dog tags.
2-203. Same; counterfeit tag.
2-204. Visiting dogs.
2-205. Running at large; fine.
2-206. Impoundment; record; notice; redemption; minimum fee.
2-207. Disposition of unclaimed dogs.
2-208. Confinement of dogs in heat.
2-209. Muzzling.
2-210. Official designated to enforce.
2-221. Penalty.
Article 3. Birds and Others
2-301. Birds; noise unlawful.
2-302. Same; violation; penalty.
2-303. Domestic birds prohibited.
2-304. Number of birds and other animals owned.
Article 4. Other Animals
2-401. Exotic animals.
CHAPTER 3. BEVERAGES
Article 1. General Provisions
3-101. Definitions.
3-102. Restriction on location.
3-103. Minors on premises.
3-104. Consumption on public property.
3-105. Public sale; consumption.
3-106. Open container.
3-107. Consumption while driving.
3-108. Identification card.
3-109. Underage purchaser.
Article 2. Cereal Malt Beverages
3-201. License required of retailers.
3-202. Application.
3-202a. License application procedures.
3-203. License granted; denied.
3-204. License to be posted.
3-205. License, disqualification.
3-206. Restriction upon location.
3-207. License fee.
3-208. Suspension of license.
3-209. License suspension/revocation by governing body.
3-210. Same; appeal.
3-211. Change of location.
3-212. Wholesalers and/or distributors.
3-213. Business regulations.
3-214. Prohibited conduct on premises.
3-215. Sanitary conditions required.
3-216. Minors on premises.
Article 3. Alcoholic Liquor
3-301. State license required.
3-302. Occupational tax.
3-303. Posting of receipt.
3-304. Hours of sale.
3-305. Business regulations.
3-306. Restrictions on location.
3-307. Same; violation; penalty.
Article 4. Private Clubs
3-401. License required.
3-402. License fee.
3-403. Business regulations.
Article 5. Drinking Establishments
3-501. License required.
3-502. License fee.
3-503. Business regulations.
3-504. Same; violation; penalty.
Article 6. Caterers
3-601. License required.
3-602. License fee.
3-603. Business regulations.
3-604. Notice to chief of police.
Article 7. Temporary Permits
3-701. Permit required.
3-702. Permit fee.
3-703. City temporary permit.
3-704. Permit regulations.
3-705. Same; violation; penalty.
Article 8. Special Event CMB Permit
3-801. Special event CMB permits; permit required.
3-802. Same; permit fee.
3-803. Same; city special event permit.
3-804. Permit regulations.
Article 9. Keg Registration
3-901. Keg registration; definitions.
3-902. Same; retailer duties.
3-903. Same; purchaser requirements.
3-904. Same; identification requirements.
3-905. Same; deposit refund.
3-906. Same; violations.
3-907. Same; penalties.
CHAPTER 4. BUILDINGS AND CONSTRUCTION
Article 1. Fire Limits
4-101. Fire limits established.
Article 2. Building Code
4-201. Definitions.
4-202. International building code recommended.
4-203. Zoning administrator; powers; duties.
4-204. Same; duties.
4-205. Same; powers.
4-206. Same; right of entry.
4-207. Clarification; modification.
4-208. Zoning permit required; application; approval.
4-209. Same; application information required.
4-210. Same; fees.
4-211. Same; posting.
4-212. Certificate of approval.
4-213. Inspections of building; layout of building; foundations and footings; notice to inspector.
4-214. Insurance.
4-215. License suspension; revocation; appeal; unlawful acts.
4-216. Work by property owners.
4-217. Liability.
4-218. Severability.
Article 3. Dangerous and Unfit Structures
4-301. Purpose.
4-302. Definitions.
4-303. Enforcing officer; duties.
4-304. Procedure; petition.
4-305. Same; notice.
4-306. Same; publication.
4-307. Same; hearing, order.
4-308. Duty of owner.
4-309. Same; failure to comply.
4-310. Same; make site safe.
4-311. Assessment of costs.
4-312. Immediate hazard.
4-313. Appeals from order.
4-314. Scope of article.
Article 4. Numbering Buildings
4-401. Numbering required.
4-402. Base street; north and south.
4-403. Base street; east and west.
4-404. House numbers.
4-405. Placing of numbers.
4-406. City clerk controls.
4-407. Numbers to be placed on building.
4-408. Penalty.
Article 5. Moving Buildings
4-501. Permit required.
4-502. Same: application for permit.
4-503. Same; bond, insurance required.
4-504. Same; fee.
4-505. Route.
4-506. Notice to owners.
4-507. Duty of owners.
4-508. Interfering with poles; wires.
4-509. Display of lanterns.
CHAPTER 5. BUSINESS REGULATIONS
Article 1. Solicitors, Canvassers, Peddlers
5-101. Definitions.
5-102. License required.
5-103. Same; application required.
5-104. Issuance; county residents.
5-105. Same; investigation and issuance; non-county resident.
5-106. License fee; time limits; exemptions.
5-107. Renewal.
5-108. Denial, revocation or suspension of license; notice.
5-109. Appeal to governing body.
5-110. Regulations.
5-111. Use of streets and sidewalks.
5-112. Disturbing the peace.
CHAPTER 6. ELECTIONS
Article 1. City Elections
6-101. Conduct of election.
6-102. Hours of voting.
6-103. Governing body elections; terms.
6-104. Commencement of terms of office; oath of office.
6-105. Candidacy.
CHAPTER 7. FIRE
Article 1. Fire Department
7-101. City fire department established.
7-102. Membership; fire drill.
7-103. Supervision of department.
7-104. Fire chief; powers.
7-105. Same; records.
7-106. Assistant chief.
7-107. Private use of fire equipment.
7-108. Fire equipment; emergency right-of-way and use.
7-109. Same; fire hose.
7-110. Obstruction of fire hydrant.
7-111. False alarm.
Article 2. Fire Prevention
7-201. Fire prevention code incorporated.
7-202. Same; enforcement.
7-203. Same; amendments.
7-204. Open burning.
7-205. Accumulation of rubbish and trash.
7-206. Storage of ashes.
7-207. Storage of combustible liquids.
7-208. Filling gasoline tanks of motor vehicles.
7-209. Fire hazards generally.
7-210. Same; inspections to discover.
7-211. Abatement of fire hazards; issuing order.
7-212. Same; service of order; records.
Article 3. Fireworks
7-301. Fireworks defined.
7-302. Fireworks prohibited.
7-303. Discharge of fireworks.
7-304. Authority of fire chief.
CHAPTER 8. HEALTH AND WELFARE
Article 1. Health Nuisances
8-101. Nuisances unlawful; defined.
8-102. Public officer.
8-103. Inquiry and inspection.
8-104. Right of entry.
8-105. Order of violation.
8-106. Same; contents.
8-107. Owner’s responsibility.
8-108. Hearing request.
8-109. Violation; penalty.
8-110. Same; remedy violations.
8-111. Same; abatement.
Article 2. Junked Motor Vehicles on Private Property
8-201. Findings of governing body.
8-202. Definitions.
8-203. Nuisances unlawful; defined; exceptions.
8-204. Public officer.
8-205. Complaints; inquiry and inspection.
8-206. Right of entry.
8-207. Order of violation.
8-208. Same; contents.
8-209. Failure to comply; penalty.
8-210. Abatement.
8-211. Disposition of vehicle; recovery of vehicle.
8-212. Hearing.
8-213. Costs assessed.
Article 3. Weeds
8-301. Weeds to be removed.
8-302. Definitions.
8-303. Public officer; notice to remove.
8-304. Abatement; assessment of costs.
8-305. Right of entry.
8-306. Unlawful interference.
8-307. Noxious weeds.
Article 4. Minimum Housing Code
8-401. Title.
8-402. General.
8-403. Declaration of policy.
8-404. Definitions.
8-405. Duty of occupant or owner of occupied or unoccupied building and its premises or vacant premises.
8-406. Regulations for the use and occupancy of dwellings.
8-407. Maintenance and repair; dwellings.
8-408. Designation of unfit dwellings.
8-409. Designation of blighted premises (residential and nonresidential).
8-410. Designation of blighted buildings and premises (nonresidential).
8-411. Inspection of buildings and structures, and premises.
8-412. Notice of violations; procedures.
8-413. Public officer; authority.
8-414. Governing body; authority.
8-415. Order to correct and/or repair, remove or demolish.
8-416. Demolition by public officer; procedure and costs.
8-417. Conflict of laws; effect or partial invalidity.
8-418. Governing body; appeals.
8-419. Right of petition.
Article 5. Rodent Control
8-501. Definitions.
8-502. Building maintenance.
8-503. Notice to rat-stop; when city to do work.
8-504. Failure to comply.
8-505. Replace rat-stoppage.
8-506. Notice to eradicate rats.
8-507. Conditions conducive to harborage of rats.
8-508. Inspections.
Article 6. Environmental Code
8-601. Title.
8-602. Legislative finding of fact.
8-603. Purpose.
8-604. Rules of construction.
8-605. Definitions.
8-606. Public officer.
8-607. Enforcement standards.
8-608. Unlawful acts.
8-609. Order of violation.
8-610. Penalty.
8-611. Abatement.
8-612. Hearing.
8-613. Appeals.
8-614. Costs assessed.
8-615. Construction.
Article 7. Insurance Proceeds Lien
8-701. Scope and application.
8-702. Lien created.
8-703. Same; encumbrances.
8-704. Same; pro rata basis.
8-705. Procedure.
8-706. Fund created; deposit of moneys.
8-707. Governing body; investigation, removal of structure.
8-708. Removal of structure; excess moneys.
8-709. Same; disposition of funds.
8-710. Effect upon insurance policies.
8-711. Insurers; liability.
CHAPTER 9. MUNICIPAL COURT
Article 1. General Provisions
9-101. Municipal court established.
9-102. Same; practice and procedure.
9-103. Time and place of sessions.
9-104. Municipal judge; appointment.
9-105. Same; absence; vacancy; pro tem.
9-106. Same; powers and duties.
9-107. Same; salary.
9-108. Court clerk.
9-109. Payment of fine.
9-110. Same; failure to pay separate violation.
9-111. Failure to appear.
9-112. Court costs.
9-113. Community service program.
CHAPTER 10. POLICE
Article 1. General Provisions
10-101. Police department.
10-102. Law enforcement personnel; general duties.
10-103. Rules and regulations.
Article 2. Reserve Police Force
10-201. Reserve police force.
10-202. Same; residency; appointment.
10-203. Same; supervision.
10-204. Same; insurance.
10-205. Same; powers; authority.
Article 2. Property in Police Custody
10-201. Regulations.
10-202. Disposition.
10-203. Same; exempt property.
10-204. Claiming property.
10-205. Proof of ownership.
10-206. Auction.
Article 4. Police Fees
10-401. Definitions.
10-402. Initial police responses to parties, gatherings or events.
10-403. Subsequent police responses to parties, gatherings or events; liability.
10-404. Cost; collection.
CHAPTER 11. PUBLIC OFFENSES
Article 1. Uniform Offense Code
11-101. Uniform public offense code incorporated.
11-102. Omission.
11-103. Vagrancy.
11-104. Loitering; streets, public places.
11-105. Window peeping.
Article 2. Excessive Noise
11-201. Unlawful acts; disturbing the peace.
11-202. Definitions.
11-203. Defenses.
11-204. Penalties.
Article 3. Curfew
11-301. Curfew regulations.
11-302. Same; exceptions.
11-303. Parental/guardian responsibility.
11-304. Violation; penalty.
CHAPTER 12. PUBLIC PROPERTY
Article 1. City Parks
12-101. City laws extended to park.
12-102. Police jurisdiction over parks.
12-103. Damaging park property.
12-104. Dangerous weapons not allowed.
12-105. Vehicle regulations.
12-106. Hunting.
12-107. Fires.
12-108. Camping prohibited.
12-109. Sanitation.
12-110. Prohibition against alcoholic beverages and cereal malt beverages.
12-111. Preservation of natural state.
12-112. General regulations.
Article 2. City Properties
12-201. Public use; allowed.
12-202. Same; lease agreement.
Article 3. City Compost and Burn Site
12-301. Compost materials; accepted.
12-302. Burn materials; accepted.
12-303. Unacceptable items.
12-304. Same; violation; penalty.
Article 4. City Cemetery
12-401. Definitions.
12-402. Survey, plat of.
12-403. City clerk’s responsibilities.
12-404. City maintenance personnel responsibilities.
12-405. Lots; sale; condition.
12-406. Interments.
12-407. Grave opening; funerals.
12-408. Notification.
12-409. Immediate interment.
12-410. Opening, closing, other charges and fees.
12-411. Reopening of graves; disinterment.
12-412. Monuments, markers.
12-413. Footstones.
12-414. Monument work.
12-415. Permanent mounding of graves prohibited.
12-416. Permanent plantings.
12-417. Flowers, objects.
12-418. Removal of articles or other materials.
12-419. Conduct in the city cemetery.
12-420. Cemetery hours.
12-421. Specifications for setting grave markers in the Conway Springs cemetery.
Article 5. Land Bank
12-501. Purpose.
12-502. Definitions.
12-503. City land bank board of trustees; composition, staff, and dissolution.
12-504. Duties of the board.
12-505. Operational requirements.
12-506. Organization.
CHAPTER 13. STREETS AND SIDEWALKS
Article 1. Sidewalks
13-101. Permit required.
13-102. Sidewalk grade.
13-103. Same; specifications.
13-104. Same; petition.
13-105. Same; condemnation, reconstruction.
13-106. Notice; publication.
13-107. Right of abutting owner.
13-108. Repairs by owner or city.
13-109. Performance, statutory bond.
13-110. Obstructing sidewalks.
13-111. Same; exception.
Article 2. Streets
13-201. Excavation permit.
13-202. Same; bond.
13-203. Same; filed.
13-204. Same; barricades.
13-205. Same; unlawful acts.
13-206. Cutting curbs; pavement.
13-207. Altering drainage.
13-208. Unfinished pavement.
13-209. Using streets.
13-210. Dangerous objects on public grounds.
13-211. Petroleum products in streets.
13-212. Discharging water on streets.
13-213. Burning in streets.
13-214. Throwing in streets.
13-215. Hauling loose material.
Article 3. Trees and Shrubs
13-301. Public tree care.
13-302. Diseased trees; determination.
13-303. Same; notice served.
13-304. Same; failure of owner; duty of city.
13-305. Same; prevent spread of disease.
13-306. Dead and dangerous trees on private property.
13-307. Trees on public property; cost borne by city.
13-308. Costs on tax rolls.
13-309. Injuring trees and shrubs.
13-310. Fire hydrants, plantings adjacent to.
Article 4. Snow and Ice
13-401. Snow and ice to be removed.
13-402. Same; exception; alternate remedy.
13-403. Same; penalty.
13-404. Removal may be made by city.
13-405. Costs on tax rolls.
CHAPTER 14. TRAFFIC
Article 1. Standard Traffic Ordinance
14-101. Standard traffic ordinance incorporated.
14-102. Traffic infractions and traffic offenses.
14-103. Penalty for scheduled fines.
14-104. Amendment; Sec. 114.4. Golf Cart.
14-105. Amendment; Sec. 114.5. Work-Site Utility Vehicle.
Article 2. Local Traffic Regulations
14-201. Traffic control devices and markings.
14-202. Sports complex parking; restrictions; penalty.
14-203. Careless driving.
Article 3. Abandoned Motor Vehicles on Public Property
14-301. Definitions.
14-302. Impounding vehicles.
14-303. Storage.
14-304. Notice of impoundment; storage of vehicle.
14-305. Impoundment after request to leave motor vehicle.
14-306. Release of motor vehicle from impoundment.
14-307. Hearing.
14-308. Charges constitute a lien.
14-309. Satisfaction of lien; notice of public sale.
14-310. Redemption.
14-311. Sale proceeds.
14-312. Statutory procedures.
14-313. Implementation of article.
14-314. Reimbursement for discharged liens.
Article 4. Hazardous Materials
14-401. Hazardous material defined.
14-402. Same; exceptions.
14-403. Transportation of hazardous materials.
14-404. Hazardous materials routes.
14-405. Parking of vehicles or trailers carrying hazardous materials.
CHAPTER 15. UTILITIES
Article 1. General Provisions
15-101. Definition.
15-102. Payment of bills.
15-103. Delinquent accounts.
15-104. Delinquent account procedures.
15-105. Reserved.
15-106. Delinquent accounts; refusal of service; termination of service; lien against property.
15-107. Petty cash fund.
15-108. Same; deposits.
15-109. Same; vouchers.
Article 2. Water
15-201. Superintendent of water and sewage.
15-202. Regulations.
15-203. Service not guaranteed.
15-204. Service connections required.
15-205. Application for service.
15-206. City to make connections.
15-207. Connection fees.
15-208. Curb cocks.
15-209. Check valves.
15-210. Unauthorized service.
15-211. Meters.
15-212. Same; testing.
15-213. Tampering with meter.
15-214. Leaks prohibited; penalty.
15-215. Utility deposit.
15-216. Interrupt service.
15-217. Prohibited acts.
15-218. Wasting water.
15-219. Right of access.
15-220. Rates.
15-221. Use during fire.
15-222. Cross-connections prohibited.
15-223. Same; protective backflow devices required.
15-224. Same; inspection.
15-225. Same; protection from contaminants.
Article 3. Sewers
15-301. Definitions.
15-302. Sewer connection required.
15-303. Permit; connection fee.
15-304. Application.
15-305. Costs.
15-306. Sewer connection.
15-307. Sewer for each building.
15-308(1). Same; specifications.
15-308(2). Same.
15-308(3). Same.
15-308(4). Same.
15-308(5). Same.
15-308(6). Same.
15-309. Sewer excavations: damages.
15-310. Failure to connect.
15-311. Privy unlawful.
15-312. Private sewer system.
15-313. Same; permit.
15-314. Same; inspection.
15-315. Same; discharge.
15-316. Same; additional requirements.
15-317. Disposal of sewage.
15-318. Damage to sewers.
15-319. Natural outlet.
15-320. Standards.
15-321. Old building sewers.
15-322. Mud, grease traps.
15-323. Roof, foundation drains.
15-324. Same; exception.
15-325. Prohibited discharges.
15-326. Bills.
15-327. Delinquent accounts; lien against property; other remedies.
15-328. Sewer service charge.
15-329. Waiver of assessment.
Article 4. Solid Waste
15-401. Definitions.
15-402. Collection.
15-403. Contracts.
15-404. Duty of owner, occupant.
15-405. Containers.
15-406. Bulk containers.
15-407. Enter private premises.
15-408. Ownership of solid waste.
15-409. Heavy, bulky waste.
15-410. Hazardous materials.
15-411. Prohibited practices.
15-412. Objectionable waste.
15-413. Unauthorized disposal.
15-414. Private collectors; license required.
15-415. Closed vehicle.
15-416. Rules and regulations.
15-417. Charges.
15-418. Same; fee schedule.
15-419. Billing.
15-420. Same; delinquent account.
Article 5. Water Conservation
15-501. Purpose.
15-502. Definitions.
15-503. Declaration of water watch.
15-504. Declaration of water warning.
15-505. Declaration of a water emergency.
15-506. Voluntary conservation measures.
15-507. Mandatory conservation measures.
15-508. Emergency water rates.
15-509. Regulations.
15-510. Violations, disconnections and penalties.
15-511. Emergency termination.
CHAPTER 16. ZONING AND PLANNING
Article 1. City Planning Commission/Board of Zoning Appeals
16-101. Commission re-establishment.
16-102. Membership, terms, interest and compensation.
16-103. Meetings, officers and records.
16-104. Powers and duties.
16-105. Board of zoning appeals.
16-106. Budget.
Article 2. Zoning Regulations
16-201. Zoning regulations incorporated.
Article 3. Subdivision Regulations
16-301. Regulations incorporated.
Article 4. Comprehensive Plan
16-401. Comprehensive plan incorporated.
APPENDIX A – CHARTER ORDINANCES
Charter Ordinance No. 1
Charter Ordinance No. 2
Charter Ordinance No. 3
Charter Ordinance No. 4
Charter Ordinance No. 5
Charter Ordinance No. 6
Charter Ordinance No. 7
Charter Ordinance No. 8
Charter Ordinance No. 9
Charter Ordinance No. 10
Charter Ordinance No. 11
Charter Ordinance No. 12
Charter Ordinance No. 13 (No. 1906)
Charter Ordinance No. 14
APPENDIX B – FRANCHISES
Ordinance No. 1182
Ordinance No. 1503
Ordinance No. 1550
Ordinance No. 1561
Ordinance No. 1568
Ordinance No. 1577