CODE OF THE CITY OF LA CYGNE, KANSAS
GOVERNING BODY AND OFFICIALS
PREFACE
ORDINANCE NO. 1455
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. References, citations and authorities.
1-107. Amendments; repeal.
1-108. Powers generally.
1-109. City records.
1-110. Local freedom of information officer.
1-111. Altering code.
1-112. Scope of application.
1-113. General penalty.
1-114. Severability.
1-115. Assessment of costs to collect debts owed to the City.
1-116. Assessment of costs for city maintenance services.
Article 2. Governing Body
1-201. Governing body.
1-202. Meetings.
1-203. Quorum.
1-204. Powers of the mayor.
1-205. President of the council.
1-206. Governing body elections; terms.
1-207. Commencement of terms of office; oath of office.
1-208. Candidacy.
1-209. Vacancies on the governing body; how filled.
1-210. Compensation, expenses.
Article 3. Officers and Employees
1-301. Terms of office.
1-302. Bonding.
1-303. Oath.
1-304. Code of ethics.
1-305. City attorney.
1-306. Special counsel.
1-307. Chief of police.
1-308. City clerk.
1-309. City treasurer.
1-310. Deputy city clerk.
Article 4. Investment of Public Funds
1-401. Purpose and goals.
1-402. Active funds; designation of depositories; eligible depositories.
1-403. Definitions.
1-404. Investment of idle funds.
1-405. Procedures and restrictions.
1-406. Custody and safekeeping.
1-407. Sale or transfer.
1-408. Interest on time deposits.
Article 5. Personnel Policy and Employee Benefits
1-501. Incorporating personnel policy objectives.
1-502. Incorporating personnel policies and guidelines.
Article 6. Boards and Commissions
1-601. Committees established.
1-602. Areas of responsibility.
1-603. Appointment of members.
1-604. Purpose and duties of the council committees.
1-605. Ultimate responsibility of council.
1-606. Public building commission.
Article 7. Revenue, Finance & Community Development
1-701. City sales tax; 1%.
1-702. City sales tax; 1% for park improvements.
1-703. Capital improvements fund.
1-704. Equipment reserve fund.
1-705. Main trafficway designations for bond financing purposes.
CHAPTER 2. ANIMAL CONTROL AND REGULATION
Article 1. General Provisions
2-101. Definitions.
2-102. Keeping animals.
2-103. Injuring or killing of wild animals.
2-104. Animal traps.
2-105. Reserved for future use.
2-106. Reserved for future use.
2-107. Cruelty to animals.
2-108. Same; exceptions.
2-109. Procedures for cruelty to animals; fines.
2-110. Tethering of dogs and cats.
2-111. Keeping animals on uninhabited property.
2-112. Vehicular accidents involving animals.
2-113. Reserved for future use.
2-114. Reserved for future use.
2-115. Nuisance; animal activities prohibited.
2-116. Noisy animals.
2-117. Animal owner responsible for removal of animal excrement.
2-118. Reserved for future use.
2-119. Reserved for future use.
2-120. Animal confines; shelters.
2-121. Same; stockyards; commercial holding pens.
2-122. Reserved for future use.
2-123. Reserved for future use.
2-124. Dead animals; removal of disposition.
Article 2. Animal Control Officer And Municipal Pound
2-201. Animal control officer; duty to impound; citation alternative.
2-202. Same; capture/destruction.
2-203. Same; right of entry; unlawful interference.
2-204. Reserved for future use.
2-205. Municipal pound established.
2-206. Breaking pound.
2-207. Reserved for future use.
2-208. Reserved for future use.
2-209. Impoundment; fee; notice; record.
2-210. Redemption of impounded animals.
2-211. Reserved for future use.
2-212. General policy regarding adoption.
2-213. Same; dogs.
2-214. Same; cats.
2-215. Same; holding animal in shelter.
2-301. Immunization and licensing of dogs, cats and ferrets.
2-302. License and permit issuance and revocation.
2-303. Reserved for future use.
2-304. Reserved for future use.
2-305. Animals at large.
2-306. Aggressive animal at large defined; penalties.
2-307. Habitual violator; aggressive animal at large.
2-308. Reserved for future use.
2-309. Reserved for future use.
2-310. Reserved for future use.
2-311. Reserved for future use.
2-312. Reserved for future use.
2-313. Kennel licenses.
2-314. General penalties.
2-401. Procedure for determination of a dangerous dog.
2-402. Control of dangerous dog; registration and confinement.
2-403. Violation of requirements for dangerous dog.
2-404. Animals; threats to public safety.
2-405. Reserved for future use.
2-406. Impoundment of rabies suspects.
2-407. Animals bitten by rabid animals.
2-408. Rabies emergency; proclamation.
2-409. Reserved for future use.
2-410. 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. Drinking on streets or in public places.
Article 2. Cereal Malt Beverages
3-201. Definitions.
3-202. License required of retailers.
3-203. Application.
3-204. License application procedures.
3-205. License granted; denied.
3-206. License to be posted.
3-207. License, disqualification.
3-208. Restriction upon location.
3-209. License fee.
3-210. Suspension of license.
3-211. License suspension/revocation by governing body.
3-212. Same; appeal.
3-213. Change of location.
3-214. Wholesalers and/or distributors.
3-215. Business regulations.
3-216. Sanitary conditions required.
3-217. Minors on premises.
3-218. Sale, consumption, public property.
3-219. Premises, illumination.
3-220. Special event cereal malt beverage permits.
3-221. Penalty.
Article 3. Alcoholic Liquor
3-301. Definition.
3-302. State license required.
3-303. Occupational tax.
3-304. Posting of receipt.
3-305. Hours of sale.
3-306. Business regulations.
3-307. Restrictions on location.
3-308. City temporary permit for the sales and serving of alcoholic beverages.
3-309. Penalty.
Article 4. Private Clubs and Drinking Establishments
3-401. License required.
3-402. License fee.
3-403. Business regulations.
3-404. Penalty.
CHAPTER 4. BUILDINGS AND CONSTRUCTION
Article 1. Building Code
4-101. Building permit required; application; approval.
4-101.1. Address numbers required.
4-101.2. Address numbers; penalty for failure to comply.
4-102. Same; information required.
4-103. Building permit fee.
4-104. Same; forwarding permit to county appraiser.
4-105. Building permits; expiration of.
4-106. Building permit; project completion required.
4-107. Building permit; penalty for failure to comply.
Article 2. Dangerous and Unfit Structures
4-201. Buildings, structures and grounds.
4-202. Definitions.
4-203. Public officer; duties.
4-204. Procedure; petition.
4-205. Same; notice.
4-206. Same; publication.
4-207. Same; hearing, order.
4-208. Duty of owner.
4-209. Same; failure to comply.
4-210. Same; make site safe.
4-211. Assessment of costs.
4-212. Immediate hazard.
4-213. Appeals from order.
Article 3. Moving Buildings
4-301. Permit necessary.
4-302. Application for permits.
4-303. Fees for permits.
4-304. City clerk to notify wire owners.
4-305. Duties of owners of poles or wires.
4-306. Unlawful to molest wires.
4-307. Duty of mover.
4-308. Mover to furnish bond.
Article 4. Insurance Proceeds Lien
4-401. Scope and application.
4-402. Lien created.
4-403. Same; encumbrances.
4-404. Same; pro-rata basis.
4-405. Procedure.
4-406. Fund created, deposit of moneys.
4-407. Building inspector; investigation, removal of structure
4-408. Removal of structure; excess moneys.
4-409. Same; disposition of funds.
4-410. Effective upon insurance policies.
4-411. Insurers; liability.
CHAPTER 5. BUSINESS REGULATIONS
Article 1. Solicitors, Canvassers, Peddlers
5-101. Definitions.
5-102. License required.
5-103. Licensing procedure.
5-104. License fees.
5-105. Prohibited acts.
5-106. Penalty.
5-107. Exceptions.
Article 2. General Regulations And Licenses
5-201. Effective date.
5-202. Application for permits.
5-203. Approval.
5-204. Issuance of permit.
5-205. Issuance of permit.
5-206. Posting permit.
5-207. Vested rights.
5-208. Penalty.
Article 3. Alarm Systems
5-301. Definitions.
5-302. Chargeable false alarms.
5-303. Police non-response to alarms.
5-304. No duty created.
5-305. Appeals, administrative hearing.
CHAPTER 6. FIRE
Article 1. Fire Department
6-101. City fire department established.
6-102. Fire chief.
6-103. Same; duties.
6-104. Assistant fire chief.
6-105. Discharge.
6-106. Compensation.
6-107. Activity fund deposits.
Article 2. Fireworks
6-201. Definitions.
6-202. Seasonal retailer license required.
6-203. Discharge within city limits.
6-204. Exempt days.
6-205. Fireworks display permit.
6-206. Prohibition due to extreme fire danger.
6-207. Notification of prohibition to due extreme fire danger.
6-208. Penalties.
CHAPTER 7. HEALTH AND WELFARE
Article 1. General Provisions
7-101. Definition of owner.
Article 2. Health Nuisances
7-201. Abatement of nuisances.
7-201.1. Complaints; inquiry and inspection.
7-202. Notice of violation; authority to issue notice to appear.
7-203. Definitions.
7-204. Legislative authority.
7-205. Service of notices.
7-205.1. Failure to accept or effectuate receipt of notice.
7-206. Hearing.
7-207. Failure to comply; penalty.
7-208. Costs assessed.
7-209. Abatement.
7-210. Extension of time.
7-211. Emergency abatement.
Article 3. Junked Motor Vehicles on Private Property
7-301. Findings of governing body.
7-302. Definitions.
7-303. Nuisances unlawful; defined; exceptions.
7-304. Public officer.
7-305. Complaints; inquiry and inspection.
7-306. Same; right of entry.
7-307. Order of violation.
7-308. Same; contents.
7-309. Failure to comply; penalty.
7-310. Abatement.
7-311. Disposition of vehicle; recovery of vehicle.
7-312. Hearing.
7-313. Costs assessed.
Article 4. Air Pollution
7-401. Definitions.
7-402. Open burning prohibited.
7-403. Exception; permit.
7-404. Permit fee.
7-405. Authority to grant exemptions.
7-406. Licensed disposal areas.
7-407. Exemptions.
7-408. Open burning ban.
7-409. Same; procedure.
7-410. Penalties.
Article 5. Rodents
7-501. Definitions.
7-502. Building maintenance.
7-503. Rat-stoppage of building.
7-504. Replace rat-stoppage.
7-505. Notice to eradicate rats.
7-506. Accumulation of garbage.
Article 6. Weeds
7-601. Weeds to be removed.
7-602. Definitions.
7-603. Public officer; notice to remove.
7-604. Abatement; assessment of costs
7-605. Right of entry.
7-606. Unlawful interference.
7-607. Noxious weeds.
Article 7. Minimum Housing Code
7-701. Title.
7-702. General.
7-703. Declaration of policy.
7-704. Definitions.
7-705. Duty of occupant or owner of occupied or unoccupied building and its premises or vacant premises.
7-706. Regulations for the use and occupancy of dwellings.
7-707. Maintenance and repair; dwellings.
7-708. Designation of unfit dwellings.
7-709. Designation of blighted premises (residential and non-residential).
7-710. Designation of blighted buildings and premises (non-residential).
7-711. Inspection of buildings and structures, and premises.
7-712. Notice of violations; procedures.
7-713. Public officer; authority.
7-714. Governing body; authority.
7-715. Order to correct and/or repair, remove or demolish.
7-716. Demolition by public officer; procedure and costs.
7-717. Conflict of laws; effect or partial invalidity.
7-718. Governing body; appeals.
7-719. Right of petition.
Article 8. Environmental Code
7-801. Title.
7-802. Legislative finding of fact.
7-803. Purpose.
7-804. Rules of construction.
7-805. Definitions.
7-806. Public officer.
7-807. Enforcement standards.
7-808. Unlawful acts.
7-809. Order of violation.
7-810. Penalty.
7-811. Abatement.
7-812. Hearing.
7-813. Appeals.
7-814. Costs assessed.
7-815. Construction.
CHAPTER 8. MUNICIPAL COURT
Article 1. General Provisions
8-101. Municipal court established.
8-102. Same; practice and procedure.
8-103. Same; times.
8-104. Municipal judge; appointment.
8-105. Same; powers and duties.
8-106. Same; salary.
8-107. Judge pro tempore.
8-108. Municipal court clerk; appointment.
8-109. Same; duties.
8-110. Same; compensation.
8-111. Court costs.
CHAPTER 9. POLICE
Article 1. General Provisions
9-101. Police department.
9-102. Law enforcement personnel; general duties.
9-103. Rules and regulations.
9-104. Police reports, fingerprints, and VIN inspections.
Article 2. Property in Police Custody
9-201. Regulations.
9-202. Disposition.
9-203. Same; exempt property.
9-204. Claiming property.
9-205. Proof of ownership.
9-206. Auction.
CHAPTER 10. PUBLIC OFFENSES
Article 1. Uniform Offense Code
10-101. Uniform public offense code incorporated.
Article 2. Local Provisions
10-201. Curfew; responsibility of parents, responsibility of business establishments; enforcement and penalties.
10-202. Possession of eggs prohibited
10-203. Public indecency.
10-204. Urination or defecation in public prohibited.
Article 3. Marijuana
10-301. Possession of marijuana and tetrahydrocannabinol (THC).
10-302. Possession of drug paraphernalia.
10-303. Penalties.
CHAPTER 11. PUBLIC PROPERTY
Article 1. Cemetery
11-101. Definitions.
11-102. Application of city laws.
11-103. Unlawful entry.
11-104. Trespass, loitering; exceptions.
11-105. Speed of vehicles.
11-106. Operations of vehicles/parking.
11-107. Grave decorations.
11-108. Rubbish; debris.
11-109. Property damage.
11-110. Trees, shrubs and flowers.
11-111. Oaklawn cemetery fund and cemetery reserve fund for Oaklawn, Pollman and the La Cygne cemetery.
11-112. Headstone; marker.
11-113. Sale of lots.
11-114. Interment.
11-115. Care of cemetery.
Article 2. Parks and Camping
11-201. Cooperation with Lincoln township board pursuant to K.S.A. 80-908.
11-202. La Cygne community park; rules and regulations; public property.
11-203. Same; traffic.
11-204. Same; restrictions.
11-205. Same; curfew.
11-206. Same; camping regulations.
11-207. Same; permission.
11-208. Same; permit fees to be placed in the La Cygne community park fund.
11-209. Same; park for public use; personal risk.
11-210. Same; reservation of right to close or block entrances.
CHAPTER 12. STREETS AND SIDEWALKS
Article 1. Sidewalks
12-101. Permit required.
12-102. Sidewalk grade.
12-103. Same; specifications.
12-104. Same; petition.
12-105. Same; condemnation, reconstruction.
12-106. Notice; publication.
12-107. Right of abutting owner.
12-108. Repairs by owner or city.
12-109. Performance, statutory bond.
12-110. Obstructing sidewalks.
12-111. Same; exception.
Article 2. Streets
12-201. Excavation.
12-202. Same; bond.
12-203. Same; filed.
12-204. Same; barricades.
12-205. Excavation/cutting of curbs & gutter; streets; alleys; pavement; public parking lot; sidewalk; repair; replacement, clean up; costs assessed to.
12-206. Altering drainage.
12-207. Same; unlawful acts.
12-208. Unfinished pavement.
12-209. Using streets.
12-210. Dangerous objects in.
12-211. Petroleum products in streets.
12-212. Discharging water on streets.
12-213. Burning in streets.
12-214. Throwing in streets.
12-215. Hauling loose material.
12-216. Obstructing rail crossing.
12-217. Train crew; warning.
12-218. Installation of culverts.
12-219. Obstruction of ditches.
12-220. Closed and/or vacated streets and alleys.
12-221. Crawl type equipment prohibited.
12-222. Penalty.
Article 3. Trees
12-301. Public tree care.
12-302. Diseased trees; determination.
12-303. Same; notice served.
12-304. Same; failure of owner; duty of city.
12-305. Same; prevent spread of disease.
12-306. Dead and dangerous trees on private property.
12-307. Trees on public property; cost borne by city.
12-308. Costs on tax rolls.
12-309. Injuring trees and shrubs.
12-310. Fire hydrants, plantings adjacent to.
Article 4. Snow and Ice
12-401. Snow and ice to be removed.
12-402. Same; exception; alternate remedy.
12-403. Same; penalty.
12-404. Removal may be made by city.
12-405. Costs on tax rolls.
CHAPTER 13. TRAFFIC
Article 1. Standard Traffic Ordinance
13-101. Standard traffic ordinance incorporated.
13-102. Traffic infractions and traffic offenses.
13-103. Penalty for scheduled fines.
Article 2. Local Traffic Regulations
13-201. No parking zones.
13-202. Restricted parking for certain times.
13-203. Citation for illegally parked, standing, or stopped vehicle.
13-204. Penalties.
13-205. One-way streets.
13-206. Unnecessary exhibition of speed or acceleration.
13-207. U-turns at intersections only.
13-208. Speed limit on K-152.
13-209. School zones; 20 m.p.h.
13-210. Loud sound amplification systems prohibited.
13-211. Mechanical exhaust devices (jake brakes); use/operation prohibited.
Article 3. Work-Site Utility Vehicles, Golf Carts, And All Terrain Vehicles
13-301. Definitions.
13-302. Prohibited Acts.
13-303. Exceptions by Designation.
13-304. Operation of Work-Site Utility Vehicles or Golf Carts.
13-305. Operation of All-Terrain Vehicles.
13-306. Penalties.
Article 4. Abandoned Motor Vehicles on Public Property
13-401. Definitions.
13-402. Impounding vehicles.
13-403. Same.
13-404. Notice of impoundment; storage of vehicle.
13-405. Impoundment after request to leave motor vehicle.
13-406. Release of motor vehicle from impoundment.
13-407. Hearing.
13-408. Charges constitute a lien.
13-409. Satisfaction of lien; notice of public sale.
13-410. Redemption.
13-411. Sale proceeds.
13-412. Statutory procedures.
13-413. Implementation of article.
13-414. Reimbursement for discharged liens.
CHAPTER 14. UTILITIES
Article 1. Water
14-101. Regulations.
14-102. Service not guaranteed.
14-103. Service connections.
14-104. Connection charge; water.
14-105. Curb cocks.
14-106. Check valves.
14-107. Cross connections prohibited.
14-108. Meters.
14-109. Same; testing.
14-110. Tampering with meter.
14-111. Leaks.
14-112. Shut Off Fees; Nonpayment, Repairs, Vacancy Charges.
14-113. Utility deposit.
14-114. Interrupt service.
14-115. Prohibited acts.
14-116. Wasting water.
14-117. Right of access.
14-118. Utility bills; collection and billing:
14-119. Delinquent accounts.
14-120. Notice; hearing.
14-121. Same; finding.
14-122. Water rationing.
14-123. Same; procedure.
14-124. Same; priority use.
14-125. Monthly rates.
14-126. Liability of landlord.
14-127. Water lines; tracer wire required.
14-128. Budget Customer.
Article 2. Sewers
14-201. Definitions.
14-202. Sewer connection required.
14-203. Permit; connection fee.
14-204. Application.
14-205. Issuing permit.
14-206. Costs.
14-207. Sewer connection.
14-208. Sewer for each building.
14-209. Same; specifications.
14-210. Same.
14-211. Same.
14-212. Same.
14-213. Same.
14-214. Same.
14-215. Same.
14-216. Sewer excavations, damages.
14-217. Failure to connect.
14-218. Privy unlawful.
14-219. Same; additional requirements.
14-220. Disposal of sewage.
14-221. Damage to sewers.
14-222. Natural outlet.
14-223. Standards.
14-224. Old building sewers.
14-225. Mud, grease traps.
14-226. Roof, foundation drains.
14-227. Prohibited discharges.
14-228. User charge system.
14-229. Carry over.
14-230. Flat rate structure.
14-231. Bills.
14-232. Delinquent accounts
14-233. Private sewage disposal systems.
14-234. Right to enter private property.
14-235. Violations.
Article 3. Natural Gas
14-301. Rules.
14-301.1. Service connections required.
14-301.2. Liquefied petroleum gas.
14-302. Applications.
14-303. Gas service pipes; lines; testing; responsibilities.
14-304. Meters.
14-305. Quantities consumed metered
14-306. Separate fund.
14-307. Deposit.
14-308. Collection and billing.
14-309. Damage to meters.
14-310. Meter removal.
14-311. Meter testing.
14-312. Estimated bill.
14-313. Laterals.
14-314. Service of pipes and fixtures outside.
14-315. Inspection of plumbing, fittings.
14-316. No inter-connections.
14-317. Access for employees.
14-318. Interruption of service.
14-319. Notice by customer to discontinue service; shut-off fees; nonpayment; repairs, vacancy charges.
14-320. Prohibited acts.
14-321. Unauthorized turning on gas.
14-322. Permit for excavation.
14-323. Superintendent or agent turn on gas.
14-324. Gas mains constructed, reconstructed.
14-325. Gas superintendent.
14-326. Same; duties of superintendent.
14-327. Rates of customers inside city limits.
14-328. Rates for customers outside three mile territorial limits; fixed margin mechanism.
14-329. Automatic adjustment of gas rates.
14-330. Penalty.
14-331. Budget customers
14-332. Liability of landlords
Article 4. Water Conservation
14-401. Scope.
14-402. Declaration of policy.
14-403. Authorization.
14-404. Application.
14-405. Wholesale water districts.
14-406. Definitions
14-407. Declaration of water shortage/conservation.
14-408. Water conservation stages.
14-409. Emergency water rates.
14-410. Regulations.
14-411. Violations, disconnections and penalties.
14-412. Emergency termination.
14-413. Severability.
Article 5. Electric
14-501. Service locations.
14-502. Compensation.
14-503. Effective date and term.
14-504. Authorized execution of contract.
14-505. Binding.
Article 6. Solid Waste
14-601. Unlawful to collect or haul refuse or wastes.
14-602. Disposition of refuse and wastes.
14-603. Permit; fee; and application required.
14-604. Issuance of license.
14-605. Nontransferability of permit.
14-606. Display and revocation of permit.
14-607. Collection equipment.
14-608. Ownership of refuse.
14-609. Construction and demolition operation.
14-610. Unusual situations.
14-611. Unlawful collection, deposits or nuisances.
14-612. Prohibited practices.
14-613. Additional rules and regulations.
14-614. Penalty.
14-615. Charges for collection and disposal.
CHAPTER 15. ZONING AND PLANNING
Article 1. City Planning Commission/Board of Zoning Appeals
15-101. Commission established.
15-102. Membership.
15-103. Powers, duties.
15-104. Organization; meetings, quorum; records.
15-105. Compensation.
15-106. Removal of members.
15-107. Board of zoning appeals established.
15-108. Membership.
15-109. Powers and duties.
15-110. Organization; meetings; quorum; records.
15-111. Compensation.
15-112. Removal of members.
Article 2. Zoning Regulations
15-201. Zoning regulations incorporated.
15-202. Official map.
15-203. Penalty.
15-204. Zoning fees.
Article 3. Subdivision Regulations
15-301. Subdivision regulations incorporated.
15-302. Penalty.
15-303. Subdivision regulation fees.
APPENDIX A – CHARTER ORDINANCES
Charter Ordinance No. 1
Charter Ordinance No. 2 (Approved As Ord. 1056; Repealed)
Charter Ordinance No. 3 (Approved As Charter Ord. No. 1)
Charter Ordinance No. 4 (Approved As Charter Ord. No. 1105)
Charter Ordinance No. 5 (Approved As Charter Ord. No. 4)
Charter Ordinance No. 6 (Approved As Charter Ord. No. 5; Repealed)
Charter Ordinance No. 7 (Approved As Charter Ord. No. 6)
Charter Ordinance No. 8 (Repealed)
Charter Ordinance No. 9
Charter Ordinance No. 10 (Void)
Charter Ordinance No. 11
Charter Ordinance No. 12
Charter Ordinance No. 13
Charter Ordinance No. 14
Charter Ordinance No. 15
APPENDIX B – FRANCHISES
Ord. No. 1360
Ord. No. ___ (Cable)
Ord. No. 1262 (Telecom)
Ord. No. 1443 (Electric)
Ord. No. 1456 (Telecom)
APPENDIX C – FEE RESOLUTION
Resolution No. 412