CODE OF THE CITY OF PALCO, KANSAS
GOVERNING BODY AND OFFICIALS
PREFACE
ORDINANCE NO. 280
CERTIFICATE OF THE CITY CLERK
COMPARATIVE TABLE OF ORDINANCES
TABLE OF CONTENTS
CHAPTER I. ADMINISTRATION
Article 1. General Provisions
1-101. Code designated.
1-102. Definitions.
1-103. Existing ordinances.
1-104. Effect of repeal.
1-105. Catchlines of sections.
1-106. Parenthetical and reference matter.
1-107. Amendments; repeal.
1-108. Powers generally.
1-109. Ordinances.
1-110. Same; subject and title; amendment.
1-111. Same; publication.
1-112. Same; ordinance book.
1-113. Resolutions, motions.
1-114. City records.
1-115. Altering code.
1-116. Scope of application.
1-117. General penalty.
1-118. Severability.
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. Incorporating code of procedure for Kansas cities.
Article 3. Officers And Employees
1-301. Appointment.
1-302. Employees.
1-303. Removal.
1-304. Vacancy in office.
1-305. City clerk.
1-306. Same; fiscal records.
1-307. Same; seal; oaths.
1-308. Same; withholding agents.
1-309. City treasurer.
1-310. City attorney; office; duties.
1-311. Appointment or employment in more than one position.
1-312. Conflict of interest.
Article 4. Personnel Policy And Employee Benefits
1-401. Personnel rules and regulations.
Article 5. Oaths And Bonds
1-501. Oath.
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. Public request for access.
1-604. Facilities for public inspection.
1-605. Procedures for inspection.
1-606. Appointment of official custodians.
1-607. Designation of additional record custodians.
1-608. Duties of custodians.
1-609. Requests to be directed to custodians.
1-610. Fee administration.
1-611. Inspection fee.
1-612. Copying fee.
1-613. Prepayment of fees.
1-614. 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. Main trafficway designations for bond financing purposes.
1-802. Mckenna Youth Center Fund.
1-803. City sales tax; 1% for street maintenance and general improvements expiring after 10 years.
CHAPTER II. 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. Rabid animals.
2-121. Vehicular accidents involving animals.
2-122. Emergency; proclamation.
2-123. Kennel licenses.
2-124. Penalties.
Article 2. Dogs and Cats
2-201. Registration; vaccination; license fee.
2-202. Animal tags.
2-203. Visiting dogs and cats.
2-204. Running at large.
2-205. Nuisances declared.
2-206. Impoundment.
2-207. Confinement of animals in heat.
2-208. Dogs and cats interfering with city employees.
2-209. Abandoning dogs and cats.
2-210. Dangerous dog; determination by animal services.
2-211. Dangerous dog; failure to comply with orders.
2-212. Signs required.
2-213. Registration and insurance.
2-214. Violation; penalty.
Article 3. Other Animals
2-301. Exotic animals.
CHAPTER III. BEVERAGES
Article 1. General Provisions
3-101. Definitions.
3-102. Restriction on location.
3-103. Minors on premises.
3-104. Consumption on public property.
3-105. Public sale; consumption.
3-106. Open container.
3-107. Consumption while driving.
3-108. Identification card.
3-109. Underage purchaser.
Article 2. Enhanced Cereal Malt Beverages
3-201. License required of retailers.
3-202. Application.
3-203. License application procedures.
3-204. License granted; denied.
3-205. License to be posted.
3-206. License, disqualification.
3-207. Restriction upon location.
3-208. License fee.
3-209. Suspension of license.
3-210. License suspension/revocation by governing body.
3-211. Same; appeal.
3-212. Change of location.
3-213. Wholesalers and/or distributors.
3-214. Business regulations.
3-215. Prohibited conduct on premises.
3-216. Sanitary conditions required.
3-217. 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.
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.
CHAPTER IV. BUILDINGS AND CONSTRUCTION
Article 1. Fire Limits
4-101. Fire limits established.
Article 2. Building Code
4-201. Definitions.
4-202. Uniform building code incorporated.
4-203. Additional provisions.
4-204. Building official; powers; duties.
4-205. Building inspector; appointment.
4-206. Same; duties.
4-207. Same; powers.
4-208. Same; right of entry.
4-209. Clarification; modification.
4-210. Building permit required; application; approval.
4-211. Same; application information required.
4-212. Same; plans and specifications.
4-213. Same; fees.
4-214. Same; posting.
4-215. Certificate of approval.
4-216. Inspections of building; layout of building; foundations and footings; notice to inspector.
4-217. Request for inspection.
4-218. Inspection fee.
4-219. Builder or building contractor defined.
4-220. Builder’s or building contractor’s license required; building permits; unlawful acts.
4-221. Same; application; granting.
4-222. Same; license fees; conditions; renewal; unlawful acts.
4-223. Insurance.
4-224. License suspension; revocation; appeal; unlawful acts.
4-225. Work by property owners.
4-226. Liability.
4-227. Severability.
Article 3. Electrical Code
4-301. Definitions.
4-302. Adoption of electrical code by reference.
4-303. Additional provisions.
4-304. Building official; authority.
4-305. Electrical inspector; appointment.
4-306. Same; duties.
4-307. Same; powers.
4-308. Same; right of entry.
4-309. Clarification; modification.
4-310. Electrical permit required; application; approval.
4-311. Same; application information required.
4-312. Same; plans and specifications.
4-313. Same; fees.
4-314. Same; posting.
4-315. Request for inspection.
4-316. Inspection; concealment of prior work.
4-317. Inspection fee.
4-318. Certificate of approval.
4-319. Connection to installations.
4-320. Reinspection.
4-321. Condemnation; appeal.
4-322. Interference by unauthorized person.
4-323. Electrician or electrical contractors defined.
4-324. Electrician’s or electrical contractor’s license required; electrical permits; unlawful acts.
4-325. Same; application; granting.
4-326. Same; license fees; conditions; renewal; unlawful acts.
4-327. Insurance.
4-328. License suspension; revocation; appeal; unlawful acts.
4-329. Work by property owners.
4-330. Approved materials.
4-331. Liability.
4-332. Severability.
Article 4. Plumbing And Gas-Fitting Code
4-401. Definition of plumbing.
4-402. Uniform plumbing code incorporated.
4-403. Additional provisions.
4-404. Building official; authority.
4-405. Plumbing inspector; appointment.
4-406. Same; duties.
4-407. Same; powers.
4-408. Same; right of entry.
4-409. Clarification; modification.
4-410. Plumbing permit required; exception.
4-411. Same; application information required.
4-412. Same; plans and specifications.
4-413. Same; fees.
4-414. Same; posting.
4-415. Request for inspection.
4-416. Inspection; concealment of prior work.
4-417. Inspection fee.
4-418. Certificate of approval.
4-419. Connection to gas or water supply.
4-420. Condemnation; appeal.
4-421. Plumber or plumbing contractor; defined.
4-422. Plumber’s or plumbing contractor’s license required; plumbing permits; unlawful acts.
4-423. Same; application; granting.
4-424. Same; license fees; conditions; renewal; unlawful acts.
4-425. Insurance.
4-426. License suspension; revocation; appeal; unlawful acts.
4-427. Excavations.
4-428. Work by property owners.
4-429. Approved materials.
4-430. Liability.
4-431. Severability.
Article 5. Moving Buildings
4-501. Building official; authority.
4-502. Permit required.
4-503. Same; application for permit.
4-504. Same; insurance required.
4-505. Same; fee.
4-506. Contractor; license required; fee.
4-507. Route; duties of building official.
4-508. Notice to owners.
4-509. Duty of owners.
4-510. Interfering with poles; wires.
4-511. Display of lanterns.
CHAPTER V. BUSINESS REGULATIONS
Article 1. General Regulations And Licenses
5-101. License required.
5-102. Application for license.
5-103. Not assignable or transferable.
5-104. License period; duration.
5-105. Exemption of farmers.
5-106. License fees.
5-107. Same; when payable; time period.
5-108. Payment of fees; receipt.
5-109. Contents of license.
5-110. Record book.
5-111. Display of license.
Article 2. Solicitors, Canvassers, Peddlers
5-201. Definitions.
5-202. License required.
5-203. Same; application required.
5-204. Issuance; county residents.
5-205. Same; investigation and issuance; non-county resident.
5-206. Same; investigation fee.
5-207. Reserved.
5-208. Renewal.
5-209. Denial, revocation or suspension of license; notice.
5-210. Appeal to governing body.
5-211. Regulations.
5-212. Use of streets and sidewalks.
5-213. Disturbing the peace.
Article 3. Amusement Devices
5-301. Definition.
5-302. License required.
5-303. Same; application.
5-304. Same; fee.
5-305. Same; revocation; notice and hearing.
5-306. Display of license.
5-307. Transfer of license.
5-308. Term of license.
CHAPTER VI. ELECTIONS
Article 1. Governing Body
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 VII. 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.
7-112. Use of fire apparatus.
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. Stacking of hay or straw.
7-207. Keeping of packing materials.
7-208. Storage of ashes.
7-209. Filling gasoline tanks of motor vehicles.
7-210. Fire hazards generally.
7-211. Same; inspections to discover.
7-212. Abatement of fire hazards; issuing order.
7-213. Same; service of order; records.
7-214. Burning; unlawful.
7-215. Storage; coal oil.
7-216. Storage; inflammable liquids.
7-217. Storage; petroleum; fuel oil.
7-218. Vent pipes.
7-219. Tanks; location; capacity.
7-220. Flammable liquids; open flame.
Article 3. Fireworks
7-301. Fireworks defined.
7-302. Possession/discharge of fireworks.
7-303. Sale of fireworks.
7-304. Confiscation of fireworks.
7-305. Adult supervision required.
CHAPTER VIII. HEALTH AND WELFARE
Article 1. Board Of Health
8-101. Board of health established.
Article 2. Minimum Housing Code
8-201. Title.
8-202. General.
8-203. Declaration of policy.
8-204. Definitions.
8-205. Duty of occupant or owner of occupied or unoccupied building and its premises or vacant premises.
8-206. Regulations for the use and occupancy of dwellings.
8-207. Maintenance and repair; dwellings.
8-208. Designation of unfit dwellings.
8-209. Designation of blighted premises (residential and non-residential).
8-210. Designation of blighted buildings and premises (non-residential).
8-211. Inspection of buildings and structures, and premises.
8-212. Notice of violations; procedures.
8-213. Public officer; authority.
8-214. Governing body; authority.
8-215. Order to correct and/or repair, remove or demolish.
8-216. Demolition by public officer; procedure and costs.
8-217. Conflict of laws; effect or partial invalidity.
8-218. Governing body; appeals.
8-219. Right of petition.
Article 3. Junked, Abandoned Vehicles
8-301. Findings of governing body.
8-302. Definitions.
8-303. Presumptions.
8-304. Unlawful storage.
8-305. Temporarily disabled vehicle.
8-306. Salvage dealers; screening.
8-307. Inoperable vehicle, procedure.
8-308. Abandoned vehicles; authority to remove.
8-309. Same; notice of sale.
8-310. Same; sold at auction.
8-311. Same; on private property.
8-312. Enforcing officer.
8-313. Permit to allow.
Article 4. Weeds
8-401. Weeds to be removed.
8-402. Definitions.
8-403. Public officer; notice to remove.
8-404. Abatement; assessment of costs.
8-405. Right of entry.
8-406. Unlawful interference.
8-407. Noxious weeds.
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. Insurance Proceeds Lien
8-601. Scope and application.
8-602. Lien created.
8-603. Same; encumbrances.
8-604. Same; pro rata basis.
8-605. Procedure.
8-606. Fund created; deposit of moneys.
8-607. Building inspector; investigation, removal of structure.
8-608. Removal of structure; excess moneys.
8-609. Same; disposition of funds.
8-610. Effect upon insurance policies.
8-611. Insurers; liability.
CHAPTER IX. MUNICIPAL COURT
Article 1. General Provisions
9-101. Municipal court established.
9-102. Same; practice and procedure.
9-103. Time and place of sessions.
9-104. Municipal judge; appointment.
9-105. Same; absence; vacancy; pro tem.
9-106. Same; powers and duties.
9-107. Same; salary.
9-108. Court clerk.
9-109. Payment of fine.
9-110. Same; failure to pay separate violation.
9-111. Failure to appear.
9-112. Court costs.
CHAPTER X. POLICE
Article 1. General Provisions
10-101. Police department.
CHAPTER XI. PUBLIC OFFENSES
Article 1. Uniform Offense Code
11-101. Uniform public offense code incorporated.
Article 2. Curfew
11-201. Curfew restrictions.
11-202. Same; exceptions.
11-203. Violations.
11-204. Parental/guardian responsibility.
CHAPTER XII. 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.
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.
CHAPTER XIII. 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 XIV. 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.
Article 2. Local Traffic Regulations
14-201. Traffic control devices and markings.
14-202. Parking; trucks and other vehicles.
14-203. Trailer parking.
Article 3. Impoundment of Motor Vehicles
14-301. Definitions.
14-302. Impounding vehicles.
14-303. Same.
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.
14-406. Removal of illegally parked trailers.
Article 5. Special Purpose Vehicles
14-501. Definitions.
14-502. Operation of special purpose vehicles on city streets; special conditions and restrictions on operation.
14-503. Same; valid driver’s license required; penalty; duties and responsibilities.
14-504. All-terrain vehicles; additional requirements.
14-505. All-terrain vehicles; equipment required for operators and riders.
14-506. Same; insurance required; penalty.
14-507. Same; registration and license; fee; application; inspection; penalty.
14-508. Penalty.
CHAPTER XV. UTILITIES
Article 1. General Provisions
15-101. Definition.
15-102. Delinquent accounts.
15-103. Notice; hearing.
15-104. Same; finding.
15-105. Utility deposit.
15-106. Delinquent accounts; refusal of service; termination of service; lien against property.
15-107. Landlord liability.
15-108. Petty cash fund.
15-109. Same; deposits.
15-110. 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. Disconnection, reconnection charge.
15-216. Utility deposit.
15-217. Interrupt service.
15-218. Prohibited acts.
15-219. Wasting water.
15-220. Water rationing.
15-221. Same; procedure.
15-222. Same; priority use.
15-223. Right of access.
15-224. Rates.
15-225. Payment of bills.
15-226. Delinquent accounts; notice; hearing; finding; liability.
15-227. Use during fire.
15-228. Cross-connections prohibited; backflow prevention devices.
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.
15-308(7). Same.
15-309. Sewer excavations; damages.
15-310. Failure to connect.
15-311. Privy unlawful.
15-312. Same; additional requirements.
15-313. Disposal of sewage.
15-314. Damage to sewers.
15-315. Natural outlet.
15-316. Standards.
15-317. Old building sewers.
15-318. Mud, grease traps.
15-319. Roof, foundation drains.
15-320. Same; exception.
15-321. Prohibited discharges.
15-322. Bills.
15-323. Delinquent accounts; lien against property.
15-324. Sewer service charge.
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. Wrapping garbage.
15-410. Heavy, bulky waste.
15-411. Hazardous materials.
15-412. Prohibited practices.
15-413. Objectionable waste.
15-414. Unauthorized disposal.
15-415. Private collectors; license required.
15-416. Same; application.
15-417. Same; fee.
15-418. Same; number to be displayed.
15-419. Closed vehicle.
15-420. Rules and regulations.
15-421. Failure to secure license.
15-422. Charges.
15-423. Same; fee schedule.
15-424. Billing.
15-425. 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 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 XVI. ZONING AND PLANNING
Article 1. City Planning Commission/Board Of Zoning Appeals
16-101. Commission established.
16-102. Membership.
16-103. Powers, duties.
16-104. Organization; meetings, quorum; records.
16-105. Compensation.
16-106. Removal of members.
Article 2. Board Of Zoning Appeals
16-201. Board created.
16-202. Vacancy.
16-203. Officers.
16-204. Rules and meetings.
16-205. Powers, duties.
16-206. Fee.
Article 3. Zoning Regulations
16-301. Zoning districts.
16-302. Residence district.
16-303. Business district.
16-303A. Agricultural district.
16-304. Existing use; alteration.
16-305. Permits.
16-306. Appeals.
16-307. Interpretation and purposes.
16-308. Penalty.
16-309. Enforcement.
16-310. Storage containers.
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. 15
Charter Ordinance No. 284
Charter Ordinance No. 285
APPENDIX B – FRANCHISES
Ordinance No. 239
Ordinance No. 241
Ordinance No. 264
Ordinance No. 274A
Ordinance No. 286