CODE OF THE CITY OF PLAINS, KANSAS
GOVERNING BODY AND OFFICIALS
PREFACE
ORDINANCE NO. [ADOPTION ORDINANCE NUMBER]
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. Meetings.
1-204. Quorum.
1-205. Powers of the mayor.
1-206. President of the council.
1-207. 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 agent.
1-309. Assistant city clerk.
1-310. City treasurer.
1-311. City attorney.
1-312. City engineer.
1-313. Appointment or employment in more than one position.
1-314. Conflict of interest.
ARTICLE 4. RESERVED
1-401. Reserved.
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.
CHAPTER II. ANIMAL CONTROL AND REGULATION
ARTICLE 1. GENERAL PROVISIONS
2-101. Definitions.
2-102. Animal control officer.
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.
2-114. 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 AND CATS
2-201. Registration and vaccination required; fee.
2-202. Dog and/or cat tags.
2-203. Same; counterfeit tag.
2-204. Evidence of vaccination.
2-205. Visiting dogs or cats.
2-206. Running at large; fine.
2-207. Disposition of unclaimed dogs or cats.
2-208. Confinement of dogs or cats in heat.
ARTICLE 3. VICIOUS AND DANGEROUS ANIMALS
2-301. Animals; keeping prohibited.
ARTICLE 4. OTHER ANIMALS
2-401. 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. 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.
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.
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.
CHAPTER IV. BUILDINGS AND CONSTRUCTION
ARTICLE 1. BUILDING CODE
4-101. Definitions.
4-102. International building code incorporated.
4-103. Additional provisions.
4-104. Building official; powers; duties.
4-105. Building inspector; appointment.
4-106. Same; duties.
4-107. Same; powers.
4-108. Same; right of entry.
4-109. Clarification; modification.
4-110. Building permit required; application; approval.
4-111. Same; application information required.
4-112. Same; plans and specifications.
4-113. Same; fees.
4-114. Same; posting.
4-115. Certificate of approval.
4-116. Inspections of building; layout of building; foundations and footings; notice to inspector.
4-117. Request for inspection.
4-118. Inspection fee.
4-119. Builder or building contractor defined.
4-120. Builder’s or building contractor’s license required; building permits; unlawful acts.
4-121. Same; application; granting.
4-122. Same; license fees; conditions; renewal; unlawful acts.
4-123. Builder’s or building contractor’s bond required; conditions; approval; rights reserved.
4-124. Insurance.
4-125. License suspension; revocation; appeal; unlawful acts.
4-126. Work by property owners.
4-127. Liability.
4-128. Severability.
ARTICLE 2. ELECTRICAL CODE
4-201. Definitions.
4-202. Adoption of electrical code by reference.
4-203. Additional provisions.
4-204. Building official; authority.
4-205. Electrical inspector; appointment.
4-206. Same; duties.
4-207. Same; powers.
4-208. Same; right of entry.
4-209. Clarification; modification.
4-210. Electrical 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. Request for inspection.
4-216. Inspection; concealment of prior work.
4-217. Inspection fee.
4-218. Certificate of approval.
4-219. Connection to installations.
4-220. Reinspection.
4-221. Condemnation; appeal.
4-222. Interference by unauthorized person.
4-223. Electrician or electrical contractors defined.
4-224. Electrician’s or electrical contractor’s license required; electrical permits; unlawful acts.
4-225. Same; application; granting.
4-226. Same; license fees; conditions; renewal; unlawful acts.
4-227. Electrician’s or electrical contractor’s bond required; conditions; approval; rights reserved.
4-228. Insurance.
4-229. License suspension; revocation; appeal; unlawful acts.
4-230. Work by property owners.
4-231. Approved materials.
4-232. Liability.
4-233. Severability.
ARTICLE 3. PLUMBING AND GAS-FITTING CODE
4-301. Definition of plumbing.
4-302. Uniform plumbing code incorporated.
4-303. Additional provisions.
4-304. Building official; authority.
4-305. Plumbing inspector; appointment.
4-306. Same; duties.
4-307. Same; powers.
4-308. Same; right of entry.
4-309. Clarification; modification.
4-310. Plumbing permit required; exception.
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 gas or water supply.
4-320. Condemnation; appeal.
4-321. Plumber or plumbing contractor; defined.
4-322. Plumber’s or plumbing contractor’s license required; plumbing permits; unlawful acts.
4-323. Same; application; granting.
4-324. Same; license fees; conditions; renewal; unlawful acts
4-325. Plumber’s or plumbing contractor’s bond required; conditions; approval; rights reserved.
4-326. Insurance.
4-327. License suspension; revocation; appeal; unlawful acts
4-328. Excavations.
4-329. Work by property owners.
4-330. Approved materials.
4-331. Liability.
4-332. Severability.
ARTICLE 4. MOVING BUILDINGS
4-401. Building official; authority.
4-402. Permit required.
4-403. Same; application for permit.
4-404. Same; bond, insurance required.
4-405. Same; fee.
4-406. Route; duties of building official.
4-407. Notice to owners.
4-408. Duty of owners.
4-409. Interfering with poles; wires.
4-410. 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. License fee; time limits; exemptions.
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. SCRAP METAL DEALERS
5-301. Scrap metal dealers; registration required.
5-302. Same; definitions.
5-303. Same; registration; application; fees; penalty.
5-304. Same; issuance of registration; renewal; renewal fees.
5-305. Same; penalty.
5-306. Same; exception.
5-307. Same; issuance; disqualification.
5-308. Same; suspension or revocation of registration.
CHAPTER VI. ELECTIONS
ARTICLE 1. GOVERNING BODY
6-101. Conduct of election.
6-102. Hours of voting.
6-103. Commencement of terms of office; oath of office.
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. Same; duties.
7-107. Assistant chief.
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. Private use of fire equipment.
ARTICLE 2. FIRE PREVENTION
7-201. International fire code incorporated.
7-202. Same; enforcement.
7-203. Same; amendments.
7-204. Open burning (reserved).
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.
ARTICLE 3. FIREWORKS
7-301. Fireworks defined.
7-302. Fireworks prohibited.
7-303. Other violations.
7-304. Seizure of fireworks.
7-305. Dry or dangerous conditions.
ARTICLE 4. FIRE LIMITS
7-401. Fire limits established.
7-402. Building construction.
7-403. Small frame buildings.
7-404. Movement of buildings into fire limits.
7-405. Damaged buildings.
7-406. Roofing materials.
CHAPTER VIII. HEALTH AND WELFARE
ARTICLE 1. HEALTH NUISANCES
8-101. Nuisances unlawful; defined.
8-102. Public officer.
8-103. Complaints; inquiry and inspection.
8-104. Same; right of entry.
8-105. Order of violation.
8-106. Same; contents.
8-107. Failure to comply; penalty.
8-108. Abatement.
8-109. Hearing.
8-110. Costs assessed.
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. Same; 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 non-residential).
8-410. Designation of blighted buildings and premises (non-residential).
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. DANGEROUS AND UNFIT STRUCTURES
8-501. Purpose.
8-502. Definitions.
8-503. Enforcing officer; duties.
8-504. Procedure; petition.
8-505. Same; notice.
8-506. Same; publication.
8-507. Same; hearing, order.
8-508. Duty of owner.
8-509. Same; failure to comply.
8-510. Same; make site safe.
8-511. Assessment of costs.
8-512. Immediate hazard.
8-513. Appeals from order.
8-514. Scope of article.
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 FUND
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. Building inspector; 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 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.
10-102. Law enforcement personnel; general duties.
10-103. Rules and regulations.
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.
CHAPTER XI. PUBLIC OFFENSES
ARTICLE 1. UNIFORM OFFENSE CODE
11-101. Incorporating uniform public offense code.
ARTICLE 2. LOCAL PROVISIONS
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 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. TREE BOARD
12-201. Definitions.
12-202. Creation and Establishment of a City Tree Board
12-203. Term of Office
12-204. Compensation
12-205. Duties and Responsibilities
12-206. Operation
12-207. Street Tree Species to be planted
12-208. Spacing and Distances
12-209. Distances and Clearance for Planting
12-210. Public tree care
12-211. Tree topping
12-212. Clearances over Streets and Walkways
12-213. Dead or Diseased Tree Removal
12-214. Removal of Stumps
12-215. Interference with the Tree Board
12-216. Access
12-217. Review by City Council
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. Incorporating standard traffic ordinance.
14-102. Traffic infractions and traffic offenses.
14-103. Penalty for scheduled fines.
ARTICLE 2. LOCAL TRAFFIC REGULATIONS
ARTICLE 3. ABANDONED MOTOR VEHICLES ON PUBLIC PROPERTY
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.
CHAPTER XV. UTILITIES
ARTICLE 1. GENERAL PROVISIONS
15-101. Definition.
15-103. Utility billing dates; delinquency date.
15-104. Non-payment of utility bills.
15-105. Discontinuance of utility services.
15-106. Lien upon customer’s property.
15-107. Landlord liability.
15-108. Late payment and charges and reconnection fees.
15-109. New deposit.
ARTICLE 2. WATER
15-201. Water rates.
15-202. Cash deposit.
15-203. Unpaid charges.
15-204. Yard water meters.
ARTICLE 2A. CROSS CONNECTIONS
15-2a01. General information.
15-2a02. Definitions.
15-2a03. Requirements.
15-2a04. Installation.
ARTICLE 3. SEWERS
15-301. Purpose.
15-302. Definitions.
15-303. User charge system.
15-304. Sewer rates.
15-305. Billings and delinquencies.
15-306. Purpose.
ARTICLE 4. SOLID WASTE
15-401. Definitions.
15-402. Rubbish in streets prohibited.
15-403. Littering prohibited – Generally.
15-404. Burning prohibited.
15-405. Containers.
15-406. Location.
15-407. Maintenance.
15-408. Replacement upon notice.
15-409. Disposition of heavy accumulations.
15-410. Rates for collection of trash and refuse.
15-411. Request for Service.
15-412. Miscellaneous waste.
15-413. Frequency of Collection.
15-414. Rocks, dirt.
15-415. Billing.
15-416. Partial service.
15-417. Failure to pay bill.
CHAPTER XVI. ZONING AND PLANNING
ARTICLE 1. MEADE-FOWLER-PLAINS-MEADE COUNTY AREA PLANNING COMMISSION
16-101. Commission established.
16-102. Membership, terms, interest and compensation.
16-103. Meetings, officers and records.
16-104. Powers and duties.
16-105. Budget.
ARTICLE 2. BOARD OF ZONING APPEALS
16-201. Board created.
16-202. Powers and Duties of the Board.
ARTICLE 3. ZONING REGULATIONS
16-301. Zoning regulations incorporated.
APPENDIX A - CHARTER ORDINANCES
CHARTER ORDINANCE NO. 1
APPENDIX B – FRANCHISES
ORDINANCE NO. 527 (CABLE TV)
ORDINANCE NO. 532 (NATURAL GAS)
ORDINANCE NO. 538 (TELECOM)