Sec. 1-101 Title.
Sec. 1-102 Rules of Construction.
Sec. 1-103 Severability.
Sec. 1-201 General definitions.
Sec. 1-301 Catchlines of sections.
Sec. 1-302 History notes.
Sec. 1-303 References to chapters or
sections.
Sec. 1-304 References and editor’s notes.
Sec. 1-305 Provisions considered as
continuations of existing ordinances.
Sec. 1-306 Code does not affect prior
offenses, rights, etc.
Sec. 1-307 Effect of repeals.
Sec. 1-308 Certain ordinances not affected
by Code.
Sec. 1-309 Effect of amendments to Code.
Sec. 1-310 Supplementation of Code.
Sec. 1-311 General penalty.
ARTICLE I.
TITLE AND CONSTRUCTION
Sec. 1-101 Title.
This act shall be known and may be cited as the Code
of the City of Ottawa, Kansas.
(Code 1982)
State law reference-Revision and codification
of ordinances, K.S.A. 12-3014-12-3016.
Sec. 1-102 Rules
of Construction.
This Code shall be liberally construed and
applied to promote its underlying purpose of providing authority and necessary
rules for the governance of the City of Ottawa, Kansas.
Unless
the context otherwise requires, in this Code words in the singular number
include the plural and in the plural include the singular, and words of the
masculine gender include the feminine and of the feminine include the
masculine.
(Code 1982)
Sec.
1-103 Severability.
If
any provision or clause of this Code or application thereof is held invalid,
such invalidity shall not affect other provisions or applications of the Code
which can be given effect without the invalid provision or application, and to
this end, the provisions of this Code are declared to be severable.
(Code 1982)
State
law reference-Revision and
codification of ordinances, K.S.A. 12-3014-12-3016.
ARTICLE II.
DEFINITIONS
Sec.
1-201 General Definitions.
In
the construction of this Code, and of all ordinances, the following rules shall
be observed, unless such construction would be inconsistent with the manifest
intent of the Board of Commissioners.
Board of Commissioners- The words “Board of Commissioners” shall mean the
Governing Body of the City of Ottawa, Kansas.
City- The
word “City” shall mean the City of Ottawa, Kansas.
City Manager-
The term “City Manager” shall mean the person appointed by the Governing Body
to fulfill the duties as provided in State Law and City Ordinances.
City Officers, Departments, Boards, Committees,
Commissions, etc- whenever reference
is made to an officer, department, board, committee, commission, etc., the same
shall be construed as if followed by the words “of the City of Ottawa, Kansas.”
Code- The
word “Code” shall mean the Code of the City of Ottawa, Kansas.
Commission- The
word “Commission” shall mean the Board of Commissioners of the City of Ottawa,
Kansas, constituting the Governing Body of the City.
Commissioner- The
word “Commissioner” shall mean a member of the Board of Commissioners of the
City of Ottawa, Kansas.
County- The
term “County” shall mean Franklin County, Kansas.
Delegation of Authority- Whenever a provision appears requiring a City Officer
or City Employee to do some act or make certain inspections, it is to be
construed to authorize the head of the department to designate, delegate, and
authorize subordinates to perform the required act or make the required
inspection, unless the terms of the provision or section designate otherwise.
Governing Body- The words “Governing Body” shall mean the Board of Commissioners of the
City of Ottawa, Kansas.
K.S.A- The
abbreviation “K.S.A.” shall mean the most recent edition or supplement of the
Kansas Statutes Annotated.
May- The
word “may” permits discretion to act.
Month- The
word “month” shall mean a calendar month.
Number- Any
word importing the singular number shall include the plural, and any word
importing the plural number shall include the singular.
Oath- The
word “oath” shall include an affirmation in all cases in which, by law, an
affirmation may be substituted for an oath, and in such cases the words “swear”
and “sworn” shall be equivalent to the words “affirm” and “affirmed”.
Person- The
word “person” shall extend and be applied to associations, corporations, firms,
partnerships, and bodies politic and corporate as well as to individuals.
Roadway- The
word “roadway” shall mean that portion of a street improved, designed, or
ordinarily used for vehicular traffic.
Shall- The
word “shall” makes action mandatory.
Sidewalk- The
word “sidewalk” shall mean any all-weather surfaced area within the right-of-way
between the curb, or the lateral line of the roadway, and the adjacent property
line, intended for the use of pedestrians.
Signature or subscription- The word “signature” or “subscription” shall include a
mark when a person cannot write.
State- The
word “State” shall mean the State of Kansas.
Street- The
term “street” means the entire width between the boundary lines of every way
publicly maintained when any part thereof is open to the use of the public for
purposes of vehicular traffic.
Tense- Words
used in the past or present tense include the future as well as the past and
present.
Written and in
writing- The words “written” and “in writing” shall include any written or
printed words, letters or figures.
Year- The
word “year” shall mean a calendar year.
(Code
1982)
State
law reference-Rules of statutory
construction, K.S.A. 77-201.
ARTICLE III. MISCELLANEOUS
Sec.
1-301 Catchlines of
Sections.
The
catchlines of the several sections of this Code printed in boldface type are
intended as mere catchwords to indicate the contents of the sections and shall
not be deemed or taken to be titles of such sections, nor as any part of the
sections; nor, unless expressly so provided, shall they be so deemed when any
of such sections, including the catchlines, are amended or reenacted.
(Code 1982)
Sec.
1-302 History notes.
The
history notes appearing in parentheses after sections of this Code are not
intended to have any legal effect, but are merely intended to indicate the
source of matter contained in the section.
(Code 1982)
Sec.
1-303 References to
Chapters or Sections.
All
references to chapters or sections are to the chapters and sections of this
Code unless otherwise specified.
(Code 1982)
Sec.
1-304 References and
editor’s notes.
References
and editor’s notes following certain sections are inserted as an aid and guide
to the reader and are not controlling nor meant to have any legal effect.
(Code 1982)
Sec.
1-305 Provisions considered
as continuations of existing ordinances.
The
provisions appearing in this Code so far as they are the same as those of the
Code of the City of Ottawa, Kansas, 1982, and of ordinances existing at the
time of adoption of this Code shall be considered as a continuation thereof and
not new enactments.
(Code 1982)
Sec.
1-306 Code does not affect
prior offenses, rights, etc.
Nothing
in this Code or the ordinances adopting this Code shall affect any offense or
act committed or done, or any penalty or forfeiture incurred, or any contract
or right established or accruing before the effective date of this Code.
(Code 1982)
Sec.
1-307 Effect of repeals.
The
repeal of an ordinance or portion of this Code shall not revive any ordinance
or portion of this Code in force before or at the time the provision repealed
took effect. The repeal of an ordinance
or a portion of this Code shall not affect any punishment or penalty incurred
before the repeal took effect, nor any suit, prosecution or proceeding pending
at the time of the repeal, for an offense committed under the provision
repealed.
(Code 1982)
Sec.
1-308 Certain ordinances
not affected by Code.
Nothing
in this Code or the Ordinance adopting this Code shall be construed to repeal
or otherwise affect the validity of any of the following when not inconsistent
with this Code:
A. Any offense or act committed or done
or any penalty or forfeiture incurred before the effective date of this Code;
B. Any
ordinance or resolution promising or guaranteeing the payment of money for the
City, or authorizing the issue of any bonds of the City, or any evidence of the
City’s indebtedness, or any contract, right, agreement, lease, deed or other
instrument or obligation assumed by the City;
C. Any
administrative ordinances or resolutions of the City not in conflict or inconsistent
with the provisions of this Code;
D. Any
right or franchise granted by any ordinance;
E. Any
ordinance or resolution dedicating, naming, establishing, locating, relocating,
opening, paving, widening, repairing, vacating, etc., any street or public way
in the City;
F. Any
appropriation ordinance;
G. Any
ordinance levying or imposing taxes;
H. Any ordinance prescribing through
streets, parking and traffic regulations, speed limits, one-way traffic,
limitations on load of vehicles, or loading zones;
I. Any
land use, zoning or rezoning ordinance or amendment to the zoning map;
J. Any
ordinance establishing and prescribing the street grades of any street in the
City;
K. Any
ordinance providing for local improvements and assessing taxes therefore;
L. Any
subdivision ordinance or any ordinance dedicating or accepting any plat or
subdivision in the City;
M.
Any ordinance annexing territory or excluding territory or
any ordinance extending the boundaries of the City;
N. Any
ordinance establishing positions, classifying positions, setting salaries of
City officers and employees or any personnel regulations;
O. Any
temporary or special ordinances;
P. Any
ordinance calling elections or prescribing the manner of conducting the
election in accordance with State Law;
and all such ordinances are hereby recognized as
continuing in full force and effect to the same extent as if set out at length
in this Code, and such ordinances are on file in the City Clerk’s Office.
(Code 1982)
Sec.
1-309 Effect of amendments
to Code.
A. Any
and all additions and amendments to this Code, when passed in such form as to
indicate the intention of the Board of Commissioners to make such additions and
amendments a part of this Code, shall be deemed to be incorporated in this Code
so that reference to the Code shall be understood and intended to include such
additions and amendments.
B. All ordinances passed subsequent to the adoption of this Code which amend, repeal or in any way affect this Code may be numbered in accordance with the numbering system of this Code and printed for inclusion therein. When subsequent ordinances repeal any chapter, article, division, section or subsection or any portion thereof, such repealed portions may be excluded from the Code by omission from reprinted pages.
C. Amendments
to any of the provisions of this Code may be made by amending such provisions
by specific reference to the Section Number of this Code in substantially the
following language: “That Section _______ of the Code of the City of Ottawa,
Kansas, is hereby amended to read as follows: . . .” The new provisions shall
then be set out in full as desired.
D. If
a new section not heretofore existing in the Code is to be added, the following
language may be used: “That the Code of the City of Ottawa, Kansas, is hereby
amended by adding a Section to be numbered ______, which Section reads as
follows: . . . .” The new section may
then be set out in full as desired.
E. All
sections, divisions, articles, chapters or provisions desired to be repealed
must be specifically repealed by section, division, article or chapter number,
as the case may be.
(Code 1982)
Sec.
1-310 Supplementation of
Code.
A. By contract or by City Personnel,
supplements to this Code shall be prepared and printed whenever authorized or
directed by the Board of Commissioners.
A supplement to the Code shall include all substantive permanent and
general parts of ordinances passed by the Board of Commissioners or adopted by
initiative and referendum during the period covered by the supplement and all
changes made thereby in the Code. The
pages of a supplement shall be so numbered that they will fit properly into the
Code and will, where necessary, replace pages which have become obsolete or
partially obsolete, and the new pages shall be so prepared that, when they have
been inserted, the Code will be current through the date of the adoption of the
latest ordinance included in the supplement.
B. In preparing a supplement to this
Code, all portions of the Code which have been repealed shall be excluded from
the Code by the omission thereof from reprinted pages.
C. When preparing a supplement to this
Code, the Codifier, meaning the person authorized to prepare the supplement,
may make formal, nonsubstantive changes in ordinances and parts of ordinances
included in the supplement, insofar as it is necessary to do so to embody them
into a unified Code. For example, the
Codifier may:
1. Organize the ordinance material into
appropriate subdivisions;
2. Provide
appropriate catchlines, headings and titles for sections and other subdivisions
of the Code printed in the supplement, and make changes in catchlines, headings
and titles;
3. Assign appropriate numbers to sections and
other subdivisions to be inserted in the Code and, where necessary to
accommodate new material, change existing section or other subdivision numbers;
4. Change
the words “This Ordinance” or words of the same meaning to the words “This
Chapter,” “This Article,” “This Division,” etc., as the case may be, or to
“Sections _______ through _______”. The
inserted section numbers will indicate the sections of the Code which embody
the substantive sections of the ordinance incorporated into the Code; and
5. Make
other nonsubstantive changes necessary to preserve the original meaning of
ordinance sections inserted into the Code; but in no case shall the Codifier
make any change in the meaning or effect of ordinance material included in the
supplement or already embodied in the Code.
(Code 1982)
State
law reference-Codification
authorized, K.S.A. 12-3014-12-3016.
Sec.
1-311 General penalty.
Classification
of misdemeanors, corresponding terms of confinement and fines are established
as follows:
A.
Class A. Penalty upon conviction for a Class A
Misdemeanor shall be imprisonment of not more than one year, or by fine of not
more than $2,500.00, or by both such fine and imprisonment.
B. Class
B. Penalty upon conviction for a Class B Misdemeanor shall be imprisonment
of not more than six months, or by fine of not more than $1,000.00, or by both
such fine and imprisonment.
C. Class
C. Penalty upon conviction for a Class C Misdemeanor shall be imprisonment
of not more than one month, or by fine of not more than $500.00.
Misdemeanors
not specified as to Class shall be deemed Class C misdemeanors and shall carry
the same penalty unless otherwise provided.
REVISED: (Ord. No. 2894-91-A, 08-21-91)
State
law reference-Classification of
misdemeanors, K.S.A. 21-4502, 21-4503.