Chapter 1 · Administration

Article 1. General Provisions

Sections 1-101 to 1-116 · 16 sections

1-101 Code designated.

The chapters, articles and sections herein shall constitute and be designated as “The Code of the City of La Cygne, Kansas”, and may be so cited. The code may also be cited as the “La Cygne City Code”.

(Code 1988)

1-102 Definitions.

In the construction of this code and of all ordinances of the city, the following definitions and rules shall be observed unless such construction would be inconsistent with the manifest intent of the governing body or the context clearly requires otherwise:

(a)City — shall mean the City of La Cygne, Kansas.

(b)Code — shall mean the Code of the City of La Cygne, Kansas.

(c)Computation of time within which an act is to be done shall exclude the first day and include the last day. If the last day be a Saturday, Sunday or legal holiday, that day shall be excluded.

(d)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 person, 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.

(e)Governing Body — means the mayor and city council members or those persons appointed to fill a vacancy in the office of mayor or the council as provided in K.S.A. 15-201.

(f)County — means the County of Linn in the State of Kansas.

(g)Gender. Words importing the masculine gender include the feminine and neuter.

(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 or other regulatory powers.

(i)Joint Authority. All words giving a joint authority to three or more persons or officers shall be construed as giving such authority, to a majority of such persons or officers.

(j)Month — shall mean a calendar month.

(k)Number. Words used in the singular include the plural and words used in the plural include the singular.

(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.

(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, corporations, organization or any other group acting as a unit, as well as an individual.

(p)Property — includes real, personal and mixed property.

(q)Shall, may. Shall is mandatory and may is permissive.

(r)Sidewalk — means any portion of a street between the curb line and the adjacent property line intended for the use of pedestrians.

(s)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.

(t)Tenant or occupant applied to a building or land shall include any person holding a written or oral lease of, or who occupies the whole or a part of such building or land, whether alone or with others.

(u)Tense. Words used in the past or present tense include the future as well as the past and present.

(v)Writing or written — shall 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.

(w)Year — means a calendar year, except where otherwise provided.

(Code 1988)

1-103 Existing ordinances.

The provisions appearing in this code, so far as they are in substance the same as those ordinances existing at the time of the effective date of this code, shall be considered as continuations thereof and not as new enactments.

(Code 1988)

1-104 Effect of repeal.

The repeal of an ordinance shall not revive an ordinance previously repealed, nor shall such repeal affect any right which has accrued, any duty imposed, any penalty incurred, or any proceeding commenced under or by virtue of the ordinance repealed, except as shall be expressly stated therein.

(Code 1988)

1-105 Catchlines of sections.

The catchlines 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 titled, 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 catchline, is amended or reenacted.

(Code 1988)

1-106 References, citations and authorities.

References, citations and recitations of authority are for the benefit of the reader for purposes of expanded reference and research with respect to provisions of this code. Citations indicate only the source and the text may or may not be changed by this code. This code is a new enactment under the provisions of K.S.A. 12-3014 and 12-3015. Reference matter not in parenthesis is for information only and is not a part of this code.

(Code 1988)

1-107 Amendments; repeal.

Any portion of this code may be amended by specific reference to the section number as follows:

That section ________ of the Code of the City of La Cygne is hereby amended to read as follows: (the new provisions shall then be set out in full).

A new section not existing in the code may be added as follows:

That the Code of the City of La Cygne is hereby amended by adding a section (or article or chapter) which reads as follows: (the new provisions shall then 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 La Cygne is hereby repealed.

(K.S.A. 12-3004; Code 1988)

1-108 Powers generally.

All powers exercised by cities of the third class or which shall hereafter be conferred upon them shall be exercised by the governing body, subject to such limitations as prescribed by law.

(Code 1988)

1-109 City records.

The city clerk or any other officer or employee having custody of city records and documents shall maintain such records and documents in accordance with K.S.A. 12-120 to K.S.A. 12-121, inclusive, which statutes are incorporated herein by reference as if set out in full.

(Code 1988)

1-110 Local freedom of information officer.

(a)Appointment. The City Clerk is hereby appointed as the Local Freedom of Information Officer and charged with all of the statuary duties prescribed by Sub HB 2864 and set forth in Part b.

(b)Duties: The Local Freedom of Information Officer or the officer’s designee shall:

(1)prepare and provide educational materials and information concerning the open records act;

(2)be available to assist the city and members of the general public to resolve disputes relating to the open records act;

(3)respond to inquiries relating to the open records act;

(4)establish the requirements for the content, size, shape and other physical characteristics of a brochure required to be displayed or distributed or otherwise make available to the public under the open records act. In establishing such requirements for the content of the brochure, the local freedom of information officer shall include plainly written basic information about the rights of a requestor, the responsibilities of a public agency, and the procedures for inspecting and obtaining a copy of public records under the open records act.

(Res. 245, Code 2017)

1-111 Altering code.

It shall be unlawful for any person to change or amend by additions or deletions any part or portion of this code, or to insert or delete pages or portions thereof, or to alter or tamper with such code in any manner whatsoever which will cause the law of the City of La Cygne to be misrepresented thereby. This restriction shall not apply to amendments or revisions of this code authorized by ordinance passed by the governing body.

(Code 1988)

1-112 Scope of application.

Any person convicted of doing any of the acts or things prohibited, made unlawful or misdemeanor, or the failing to do any of the things commanded to be done, as specified and set forth in this code, shall be deemed guilty of a misdemeanor and punished in accordance with section 1-113. Each day any violation of this code continues shall constitute a separate offense.

(Code 1988)

1-113 General penalty.

Any person convicted of a violation of any of the provisions of or failing to comply with any of the mandatory requirements of the laws of the City of La Cygne for which another penalty is not specifically provided is guilty of a public offense and punishable by a fine of not more than $500. Each person is guilty of a separate offense for each and every day during any portion of which any violation of any provision of the laws of the City of La Cygne is committed, continue or permitted by any person; and shall be punished accordingly.

(Code 1988)

1-114 Severability.

If for any reason any chapter, article, section, subsection, sentence, clause or phrase of this code or the application thereof to any person or circumstance, is declared to be unconstitutional or invalid or unenforceable, such decision shall not affect the validity of the remaining portions of this code.

(Code 1988)

1-115 Assessment of costs to collect debts owed to the City.

Citizen/debtor shall pay any and all charges related to the reasonable costs of collection of any fine/fee/costs of services, as well as any cost/assessments for cleanup of the property or a municipal violation that is the issue herein. This specifically applies to, but is not limited to, charges for water, trash, gas, property code violation fines, parking tickets, municipal court fines, fees, court costs, interest accrued thereon, and any other debt due and owing to the municipality. The costs of collection include, but are not limited to, court costs, surcharges, attorney fees, and collection agency fee, except that such costs of collection may not include both attorney fees and collection agency fees.

(Ord. 1444)

1-116 Assessment of costs for city maintenance services.

(a)For the purpose of this section, the following words and terms shall mean:

(1)City maintenance services: Labor, equipment and material costs for maintenance and/or repair services provided by the City of La Cygne as required by the Codes of the City of La Cygne or determined by the governing body.

(2)Assessed fee: A fee which may include administrative costs, labor per hour, equipment hours and/or material costs.

(b)Assessed Costs. The City Clerk shall collect from any person, corporation, partnership, or association an assessed fee for the city maintenance services as defined in subsection (a)(1). The assessed fee, as defined in subsection (b)(2), shall be set annually by the governing body in its annual fee resolution.

(Ord. 1491)