Sec. 10-101 Definitions.
Sec. 10-102 Strict
liability for release.
Sec. 10-103 Recovery
of expenses.
Sec. 10-104 Conflict
with state or federal law.
Sec. 10-105 Notification
requirement; penalty.
Article II. Junked, Wrecked, Abandoned Property
Sec. 10-201 Findings
of the Governing Body.
Sec. 10-202 Definitions.
Sec. 10-203 Nuisances
unlawful; exceptions.
Sec. 10-204 Complaints;
Inquiry and Inspection.
Sec. 10-205 Public
officers; notice to remove.
Sec. 10-206 Abatement;
assessment of costs.
Sec. 10-207 Right
of entry.
Sec. 10-208 Unlawful
interference.
Sec. 10-209 Sentence
enhancements for violation of prohibitions.
New Section Added: (Ord. No. 3595, 09-20-06)
Article IIA. Vintage, Classic, Muscle, and Modern Classic Vehicles
Sec. 10-201A Findings of the Governing Body.
Sec. 10-202A Definitions.
Sec. 10-203A Exceptions.
Sec. 10-204A Permit Fees.
Sec. 10-205A Public Officer.
Sec. 10-206A Complaints; Inquiry and Inspection.
Sec. 10-207A Right of Entry.
Sec. 10-208A Unlawful Interference.
Sec. 10-209A Notice.
Sec. 10-210A Same; Contents.
Sec. 10-211A Failure to comply: Penalty.
Sec. 10-212A Abatement.
Sec. 10-213A Hearing.
New
Section Added: (Ord. No. 3744-10, 02-03-10)
Article III. Weeds
Sec. 10-301 Weeds
to be removed.
Sec. 10-302 Definitions.
Sec. 10-303 Public
officers; notice to remove.
Sec. 10-304 Abatement;
assessment of costs.
Sec. 10-305 Right
of entry.
Sec. 10-306 Interference
prohibited.
Sec. 10-307 Noxious
weeds.
Article IV. Health Nuisances
Sec. 10-401 Nuisance
prohibited.
Sec. 10-402 Nuisance;
Notice to remove and abate.
Sec. 10-403 Special
assessment.
Sec. 10-404 Failure
to abate nuisance; penalty.
Sec. 10-501 Definitions.
Sec. 10-502 Garbage or litter in public places;
penalty.
Sec. 10-503 Garbage or litter upon private
property; penalty.
Sec. 10-504 Duty to remove snow and ice from
sidewalks.
Article VI. Sanitary Nuisances
Sec. 10-601 Nuisances unlawful; defined.
Sec. 10-602 Complaints; inquiry and inspection.
Sec. 10-603 Public officers; notice to remove.
Sec. 10-604 Abatement; assessment of costs.
Sec. 10-605 Right of entry.
Sec. 10-606 Unlawful interference.
Sec. 10-607 Sentence enhancements for violation
of prohibitions.
New Section
Added: (Ord. No. 3595, 09-20-06)
Sec. 10-701 Definitions.
Sec. 10-702 Containers required for placement of
garbage.
Sec. 10-703 Transporting in closed containers.
Sec. 10-704 Penalty for violation of chapter.
Cross references-Animals prohibited from running at large, §
3-309; junkyards, § 11-601 et seq.; certain, junkyards declared nuisances, §
11-606; certain acts of peddlers and itinerant merchants declared nuisances, §
11-401; streets and sidewalks, Ch. 70; Zoning, App. B.
State law references-Special assessment for cost
of abatement of nuisances, K.S.A. 12-1,115; refuse collection and disposal,
K.S.A. 12-2111; nuisance, abatement, K.S.A. 121617e; maintenance of common
nuisance, K.S.A. 21-3760; public nuisance, K.S.A. 21-4106; permitting a public
nuisance, K.S.A. 21-4107; fuel carriers, K.S.A. 55-516; injunctions, K.S.A.
60-908; health nuisances, K.S.A. 65-159, 65-160; cosmetics, drugs, medicines,
food nuisances, K.S.A. 65-660; junkyards, K.S.A. 68-2209.
Sec. 10-801 Findings-Legislative findings are
attached as addendum.
Sec. 10-802 Purpose.
Sec. 10-803 Definitions.
Sec. 10-804 Prohibition.
Sec.
10-805 Responsibilities of Employers and Proprietors.
Sec. 10-806 Exceptions.
Sec. 10-807 Enforcement and penalties
Sec. 10-808 Other Applicable Laws
Sec. 10-809 Liberal Construction
Sec. 10-810 Savings Clause
Sec. 10-811 Incorporation and effective date
New Article added: (Ord. No. 3657-07, 12-05-07: Effective 6/1/08) Changed: 1-11-08
Sec. 10-101 Definitions.
The following words, terms and phrases, when used in
this article, shall have the meanings ascribed to them in this section, except
where the context clearly indicates a different meaning:
Emergency action- means all activities
conducted in order to evaluate, prevent, mitigate or alleviate harm to the
public health and safety or the environment from a release or threatened
release of any solid, liquid or gaseous material or any combination thereof
into or upon land, water or air.
Government entity- means the City or any entity
responding under a mutual aid agreement with the city.
Recoverable expenses- means and includes full
costs expended by the governmental entity that are reasonably and prudently
incurred in responding to an emergency action and may include but are not
limited to:
A. Costs of all materials and supplies
consumed and expended in responding to an emergency action.
B. Compensation of governmental entity
employees for time and effort devoted to an emergency action.
C. Costs of renting or leasing
equipment needed to evaluate and respond to an emergency action.
D. Replacement costs of equipment
owned, leased or rented by the governmental entity that is contaminated or
damaged beyond reuse or repair in responding to an emergency action.
E. Costs for decontaminating and/or
repairing of equipment owned, rented or leased by the governmental entity that
is contaminated or damaged in responding to an emergency action.
F. Costs for special technical
services and personnel required for evaluating and/or responding to an
emergency action.
G. Costs for special services
specifically required for evaluating and/or responding to an emergency action.
H. Laboratory analysis costs incurred
in evaluating and responding to an emergency action.
I. Any costs of cleanup, storage or
disposal of material released or threatened to be released or used in
responding to an emergency action.
J. Costs associated with services,
supplies and equipment owned, leased or rented by the governmental entity for
evacuation of persons or property in response to an emergency action.
K. Medical expenses incurred by the
governmental entity’s employees or agents as a result of responding to an
emergency action.
L. Legal expenses and administrative
costs that may be incurred as a result of an emergency action, including
efforts to recover expenses pursuant to this article.
Recoverable expenses- shall not include
expenditures that are incurred in the course of providing routine firefighting
protection.
Release- means any actual spilling,
leaking, pumping, pouring, emitting, emptying, discharging, injecting,
escaping, leaching, dumping or disposing into or upon land, water or air, of
any material which the City determines may be harmful to the public health and
welfare or the environment.
Threatened release- means any imminent or
impending event potentially causing but not yet resulting in a release of
material, but causing the governmental entity to undertake an emergency action
to prevent a possible release of material.
REVISED: (Ord. No. 3012-91, 12-04-91)
Cross reference-Definitions and rules of construction
generally, § 1-101; 1-102.
Cross references-Smoking prohibited in the auditorium, §
5-211; smoking restricted at the airport, § 5-116.
State law reference-Emergency involving
discharge of hazardous materials, K.S.A. 65-3471, 65-3472.
Sec. 10-102 Strict
liability for release.
Any person causing or responsible for a release or
threatened release resulting in an emergency action shall be strictly liable to
the governmental entity for the recoverable expenses resulting from an
emergency action. There shall be a rebuttable
presumption that any person owning or controlling real or personal property
causing a release or threatened release is responsible for such release or
threatened release.
REVISED: (Ord. No. 3012-91, 12-04-91)
Sec. 10-103 Recovery
of expenses.
A. Itemization of recoverable
expenses. Staff of the governmental
entity shall keep an itemized record of its recoverable expenses resulting from
an emergency action and shall certify those expenses to the City Clerk after
completion of an emergency action.
B. Submission of claim. The City Clerk shall submit a written,
itemized claim for the total certified expenses incurred by the governmental
entity for an emergency action to the responsible party and a written notice
that unless the amounts are paid in full to the governmental entity within
thirty (30) days after the date of mailing of the claim and notice, a civil
action will be commenced against the responsible person for recovery of the
amount claimed and all costs including legal expenses incurred in efforts to
recover emergency action expenses.
C. Lien on property. The governmental entity involved in an
emergency action may cause a lien in the amount of the recoverable expenses to
be placed on any real property located within the boundaries of the
governmental entity owned by the person causing or responsible for an emergency
action.
D. Civil suit. The governmental entity involved in an
emergency action may bring a civil action upon open account for recoverable
expenses against any and all persons causing or responsible for an emergency
action.
E. Distribution of moneys
recovered. Moneys recovered under
this article shall be credited to the appropriate funds of the governmental
entity from which moneys were expended in performing an emergency action.
REVISED: (Ord. No. 3012-91, 12-04-91)
Sec. 10-104 Conflict
with state or federal law.
Nothing in this article shall be construed to
conflict with State or Federal laws requiring persons causing or responsible
for releases or threatened releases of materials from engaging in remediation
activities and/or paying the costs thereof.
REVISED: (Ord. No. 3012-91, 12-04-91)
Sec. 10-105 Notification
requirement; penalty.
If a release occurs, the person causing or
responsible for such release shall immediately notify the governmental entity
and request emergency action. Failure of
any person to report any release shall be an ordinance violation and upon
conviction thereof shall be punished by a fine of not more than five hundred
dollars ($500.00). Each day a violation of this section occurs shall be
considered and punishable as a separate offense.
REVISED: (Ord. No. 3012-91, 12-04-91)
ARTICLE II.
JUNKED, WRECKED, ABANDONED PROPERTY
Section 10-201 Findings of the Governing Body.
The governing body finds that junked, salvaged, inoperable,
or dismantled materials, including vehicles, affect the health, safety and
general welfare of citizens of the city because they:
1. Serve as a breeding ground for
flies, mosquitoes, rats, mice, snakes and other insects and rodents;
2. Are a danger to persons, particularly children, because
of broken glass, sharp metal protrusions, insecure mounting on blocks, jacks or
other supports;
3. Are a ready source of fire and explosion;
4. Encourage pilfering and theft;
5. Constitute a blighting influence upon the area in which
they are located;
6. Constitute a fire hazard because they frequently block
access for fire equipment to adjacent buildings and structures.
REVISED: (Ord.
No 3134-95, 02-15-95; Ord. No. 3585-06, 08-02-06)
Section 10-202 Definitions.
As used in this ordinance, unless the context clearly
indicates otherwise:
1. Salvage material means materials that are
obtained from the disassembly of various kinds of machinery, mechanical
appliances and/or the demolition of buildings and structures;
2. Junk material means materials, which are obtained
from the aggregation of salvage materials reassembled or in the process of
disassembly;
3. Inoperable means a condition of being junked,
wrecked, wholly or partially dismantled, discarded, abandoned or unable to
perform the function or purpose for which it was originally constructed,
disallowed from legal or safe operation on any public road, or unable to be
used;
4. Vehicle means, without limitation, any
automobile, truck, tractor or motorcycle which as originally built contained an
engine regardless of whether it contains an engine at any other time and any
tractor or other vehicle designed to be towed or otherwise conveyed by another
vehicle.
REVISED: (Ord.
No. 3134-95, 02-15-95; Ord. No. 3585-06, 08-02-06)
Section 10-203 Nuisances Unlawful; Exceptions.
It shall be unlawful for any person, corporation, or
association to maintain, store or permit the maintenance or storage of any
salvaged or junked material nuisances, as defined; and the premises of any such
person, corporation, partnership or association, or under the control thereof,
shall be kept free of litter, and refuse.
1. A motor vehicle nuisance is any
motor vehicle which is not currently registered or tagged pursuant to K.S.A.
8-126 to 8-149 inclusive, as amended; or parked in violation of city ordinance;
or incapable of moving under its own power; or in a junked, wrecked or
inoperable condition. Any one of the
following conditions shall raise the presumption that a vehicle is junked,
wrecked or inoperable;
i. Absence of a current registration
plate upon the vehicle;
ii. Placement of the vehicle or parts
thereof upon jacks, blocks, or other supports;
iii. Absence of one or
more parts of the vehicle necessary for the lawful operation of the vehicle
upon street, highway or any public rights-of-way.
2. The
provisions of this section shall not apply to:
i. Any
material or vehicle that is enclosed in a garage or other building;
ii.
Any person conducting a business enterprise in compliance
with existing zoning regulations if such materials or vehicles are placed
behind screening of sufficient size, strength and density to screen such items
from view of the public and to prohibit ready access by children and protect
the public health and safety as may be directed by the public officer, however,
nothing in this section shall be construed to authorize the maintenance of a
public nuisance.
3. Sentence enhancement
is appropriate refer to Sec. 10-209
REVISED: (Ord.
No. 3134-95, 02-15-95; Ord. No. 3437-03, 3-19-03; Ord. No. 3585-06, 08-02-06;
Ord. No. 3595-06, 09-20-06)
Section 10-204 Complaints;
Inquiry and Inspection.
The
public officer shall make inquiry and inspection of premises upon receiving a
complaint stating that a nuisance exists and describing the same and where
located or is informed that a nuisance may exist. The public officer may make such inquiry and
inspection when he or she observes conditions that appear to constitute a salvage,
junk and motor vehicle nuisance. Upon
making any inquiry and inspection the public officer shall make a written
report of findings.
REVISED: (Ord.
No. 3134-95, 02-15-95; Ord. No. 3585-06, 08-02-06)
Section
10-205 Public officers; notice to
remove.
The city manager shall designate a public officer to administer and enforce this ordinance. The public officer, or an authorized assistant, shall notify in writing the owner, occupant or agent in charge of any premises or violation stored on public right-of-way or parking lot in the city upon which junked, salvaged, or dismantled materials, including vehicles, exist in violation of this ordinance, by certified mail or by personal service. Such notice shall include the following:
1. That the owner, occupant or agent
in charge of the property is in violation of the city’s junked, wrecked,
abandoned property ordinance, including a description of the specific
violations noted.
2. That the owner, occupant, or agent
in charge of the property is ordered to abate the conditions in violation within
ten (10) days from the date of personal service of notice, or three days in
addition to the ten days if service is by certified mail (the three days to
begin the day after the date of the letter). In the case where the owner of the
nuisance has placed the item(s) on the public property the owner must remove
them within 24 hours.
If the owner or agent of the
owner of the property has failed to accept delivery or otherwise failed to
effectuate receipt of a notice sent pursuant to this section during the
preceding twenty-four month period, the public officer may provide notice of
the issuance of any further orders to abate or remove a nuisance. Except as specifically provided the public
officer may provide notice of the order by such methods including, but not
limited to, door hangers, conspicuously posting notice of such order on the
property, personal notification, telephone communication or first class
mail. K.S.A. 12-1617e.
3. That the owner, occupant, or agent in charge of the
property may request a hearing before the governing body or its designee within
five (5) days of the receipt of notice.
The governing body hereby designates the city manager or his/her
designee as its representative for such hearing.
4. Should the person fail to comply
with the notice to abate the nuisance or fail to request a hearing, the public
officer may file a complaint in municipal court of the city against such person
and upon conviction of any violation, be fined in an amount not to exceed one
thousand dollars ($1,000) or be imprisoned not to exceed thirty (30) days or be
both fined and imprisoned. Each day
during or on which a violation occurs or continues after notice has been served
shall constitute an additional or separate offense.
5. As an alternative to prosecution, when the owner,
occupant, or agent in charge of the property neglects or fails to comply with
the requirements, the city or its authorized agent, may cause to have the
salvage, junk and motor vehicle nuisance removed as provided by K.S.A. 12-1617e
and K.S.A. Supp.8-1102, as amended.
The actual cost of the removal of the salvage, junk and motor vehicle
nuisance, the cost of providing notice, including postage, and an $85
administration fee will be assessed against the owner, occupant, or agent in
charge of the property.
6.
The public officer should be contacted if there
are any questions regarding the order.
7. Sentence enhancement is appropriate refer to Section
10-209
REVISED: (Ord.
No. 3134-95, 02-15-95; Ord. No. 3585-06, 08-02-06; Ord. No. 3595-06, 09-20-06;
Ord. No. 3612-07, 1-3-07)
Section
10-206 Abatement; assessment of costs.
1. The public officer, or an
authorized assistant, shall give notice to the owner, occupant, or agent in
charge of the premises by certified mail of the costs of abatement of the
salvage, junk and motor vehicle nuisance.
The notice shall state that payment of the costs is due and payable
within thirty (30) days following receipt of notice.
2. If the costs of removal or abatement remain unpaid after
thirty (30) days following the receipt of notice, a record of the costs shall
be certified to the city clerk. The city
may levy a special assessment for such costs to be assessed against the
particular lot or piece of land on which such violation occurred or originated
from, in the same manner as provided by K.S.A. 12-1617e. The city clerk shall certify the assessment
to the county clerk at the time other special assessments are certified for
placing such on the tax rolls of the county.
REVISED: (Ord.
No. 3134-95, 02-15-95; Ord. No. 3585-06, 08-02-06)
Section
10-207 Right of entry.
The
public officer, and the public officers authorized assistants, employees,
contracting agents or other representative are hereby given the right to enter
onto private property at reasonable hours to inspect and make inquiry to
determine if a salvage, junk and motor vehicle nuisance exists or has been
abated. If entry is denied, the public
officer may seek an order for this purpose from a court of competent
jurisdiction. The public officer is not
authorized to enter residences or buildings.
REVISED: (Ord.
No. 3134-95, 02-15-95; Ord. No. 3585-06, 08-02-06)
Section
10-208 Unlawful interference.
It
shall be unlawful for any person to interfere with or to attempt to prevent the
public officer or the public officer's authorized representative from entering
upon any such lot or piece of ground or from proceeding with removal of
salvage, junk and motor vehicle nuisances.
Such interference shall constitute a Class B misdemeanor and, upon
conviction thereof, shall be punishable by a fine of not less than $50 nor more
than $500, or by imprisonment not to exceed 30 days, or by both such fine and
imprisonment. Each separate day or part
thereof shall constitute a separate offense.
REVISED: (Ord.
No. 3134-95, 02-15-95; Ord. No. 3585-06, 08-02-06)
(This
entire Article II was changed to reflect Ordinance No. 3585-06, dated 8/2/06)
Section 10-209 Sentence
enhancements for violation of prohibitions.
The City Prosecutor shall have the authority to seek the enhancement of sentences as provided in this Ordinance by following the following procedure:
1. Enhancement is appropriate if the
defendant has violated the same or similar Code at least two (2) times in the
preceding five (5) years from the date of the charge of the current violation.
2. The City Prosecutor shall file a
notice to enhance the sentence prior to the trial or plea in the current case,
and shall provide the defendant notice of the enhancement at least 10 days
prior to the plea or trial.
3. For each defendant the enhancement
shall be as follows: for the first filing the enhancement shall be double the
penalty provisions contained in this chapter; for second and subsequent filings
for a defendant the enhancement shall be triple the penalties contained in this
chapter.
4. Sentence
enhancement is appropriate for violations of the following Sections:
10-203,
Nuisances Unlawful
10-205,
Public Officers; Notice to Remove
New Section Added: (Ord. No.
3595-06, 09-20-06)
ARTICLE IIA. VINTAGE, CLASSIC, MUSCLE, AND MODERN CLASSIC VEHICLES
Section 10-201A Findings of the Governing Body.
The governing body finds that vintage, classic, muscle, and modern classic cars that being restored are not considered an inoperable vehicle if they meet the following criteria:
1. The property owner or the occupant has obtained a permit to restore vehicle and it is valid.
2. Permits will be valid for 90 days with possible additional 90 days for the second permit and the permits are not over 180 days.
3. The property owner or the occupant does not have more than one (1) permit at any one time.
4. The City shall only have 50 outstanding permits at any one time. No permit holder can have more than two (2) permits for the same property in the same calendar year. Any permit requesters that are not able to obtain a permit due to the above restriction shall be placed on a first come/first serve list for the following year.
5. The vehicle(s) should be stored in the front yard limited to immediately adjacent to the garage on a hard surface or in the backyard immediately adjacent to the garage or shed where tools are stored.
6. The vehicle(s) will have a car cover when the car is stored and no one is working on the vehicle. (The type of car cover is determined by the city)
7. Parts for the vehicle are stored in a secured area indoors.
Section 10-202A Definitions.
As defined by the Classic Car Club of America and used in this ordinance, unless the context clearly indicates otherwise:
1. Vintage Car: is a car built between 1919 and 1930.
2. Classic Car: is a car built between 1931 and 1960.
3. Muscle Car: is a car built between 1961 and 1974.
4. Modern Classic Car: is a vehicle that is at least 25 years preceding the current year.
Section 10-203A Exceptions.
The provisions of this ordinance shall not apply to:
1. Any material or vehicle which is enclosed in a garage or other building;
2. To any person conducting a business enterprise in compliance with existing zoning regulations.
Section 10-204A Permit fees.
Permit fees shall be set by resolution.
Section 10-205A Public Officer.
The City Manager shall designate a public officer to be charged with the administration and enforcement of this article.
Section 10-206A Complaints; Inquiry and Inspection.
The public officer shall make inquiry and inspection of the premises upon receiving a complaint stating that a code violation exists and describing the same. The public officer may make such inquiry and inspection when he or she observes conditions which appear to constitute a code violation. Upon making any inquiry and inspection the public officer shall make a written report of findings.
Section 10-207A Right of Entry.
The public officer, and
their authorized assistants, employees, contracting agents or other
representative are hereby given the right to enter onto private property at
reasonable hours to inspect and make inquiry to determine if a nuisance exists
or has been abated. If entry is denied,
the public officer may seek an order for this purpose from a court of competent
jurisdiction. The public officer is not
authorized to enter residences or buildings.
Section 10-208A Unlawful Interference.
It shall be unlawful for
any person to interfere with or to attempt to prevent the public officer or
their authorized representative from entering upon any such lot or piece of
ground or from proceeding with such nuisance removal. Such interference shall constitute a Class B
misdemeanor and, upon conviction thereof, shall be punishable by a fine of not
less than $50 or more than $500, or by imprisonment not to exceed 30 days, or
by both such fine and imprisonment. Each
separate day or part thereof shall constitute a separate offense.
Section 10-209A Notice.
Any person, corporation, partnership or association found by the public officer to be in violation of Section 201A, or any other section of the Zoning Regulations or Municipal Code shall be served a notice of such violation. The notice shall be served by certified mail, return receipt requested, or personally served by the public officer or a law enforcement officer to the owner, agent, and/or occupant in charge of the property.
Section 10-210A Same; Contents.
The notice shall state the condition(s) which is (are) in violation of Section 201A, the Zoning Regulations or the Municipal Code. The notice shall also inform the person, corporation or association that:
1. He, she, or they shall have ten (10) days from the date of personal service of notice, or three days in addition to the ten days if service is by certified mail (the three days to begin the day after the date of the letter), to abate the condition(s) in violation of Section 201A; or
2. He, she, or they shall have ten (10) days from the date of personal service of notice, or three days in addition to the ten days if service is by certified mail (the three days to begin the day after the date of the letter), to request a hearing before the governing body of the matter as provided by Section 213A;
3. Failure to abate the condition(s) or to request a hearing with the time allowed may result in prosecution as provided by Section 211A.
Section 10-211A Failure to comply: Penalty.
1. A permit can be revoked should the owner, agent, and/or occupant in charge of the property is in violation of any of the provisions of Section 201A.
2. If an owner, agent, and/or occupant in charge of the property have had a permit revoked for violation of the provisions of Section 201A, the owner, agent, and/or occupant in charge of the property shall be prohibited from obtaining a permit for three (3) years.
3. Should the person fail to comply with the notice to abate the code violation or fail to request a hearing, the public officer may file a complaint in the Municipal Court of the City against such person and upon conviction of any violation of provisions of Section 201A, be fined in an amount not to exceed one thousand dollars ($1,000) or be imprisoned not to exceed thirty (30) days or be both fined and imprisoned. Each day during or on which a violation occurs or continues after notice has been served shall constitute an additional or separate offense.
Section 10-212A Abatement.
In addition to, or as an alternative to prosecution as
provided in Section 211A the public officer may seek to remedy violations of
this article in the following manner. The
public officer may cause to have the violation
removed as provided by K.S.A. Supp.8-1102, as amended. The cost of the removal of the violation, the
cost of providing notice, including postage, and an $85 administration fee will
be assessed against the owner, occupant, or agent in charge of the property.
Section 10-213A Hearing.
If a hearing is requested within the ten (10) day period as provided in Section 210A, such request shall be made in writing to the governing body. Failure to make a timely request for a hearing shall constitute a waiver of the person’s right to contest the findings of the public officer before the governing body. The hearing shall be held by the governing body as soon as possible after the filing of the request therefore, and the person shall be advised by the city of the time and place of the hearing at least five (5) days in advance thereof. At any such hearing the person may be represented by counsel, and the person and the city may introduce such witnesses and evidence as is deemed necessary and proper by the governing body. The hearing need not be conducted according to the formal rules of evidence. Upon conclusion of the hearing, the governing body shall record its determination of the matter by means of adopting a resolution and serving the resolution upon the person in the manner provided in Section 209A.
Section 10-301 Weeds
to be removed.
It shall be
unlawful for any owner, occupant, or agent to permit weeds or indigenous
grasses to remain upon said premises or any area between the property lines of
said premises and the center line of any adjacent street or alley, including
but not specifically limited to sidewalks, streets, alleys, easements,
rights-of-way and all other areas public or private. All weeds and indigenous grasses as
hereinafter defined are hereby declared a nuisance and are subject to abatement
as hereinafter provided. K.S.A.
12-1617f.
REVISED: (Ord.
No. 3226-97, 04-02-97; Ord. No. 3570-06, 04-19-06)
Section 10-302 Definitions.
A.
Calendar
year as used herein, means that period of time beginning January 1 and ending
December 31 of the same year.
B.
Indigenous
grasses as used herein, means those grasses having originated or being produced
in
C. Weeds as used herein, means any of the following:
1.
Brush and woody vines;
2.
Weeds and indigenous grasses which may attain such large growth as to
become, when dry, a fire menace to adjacent improved property;
3.
Weeds or indigenous grasses which bear or may bear seeds of a downy or
wingy nature;
4.
Weeds or indigenous grasses which are located in an area which harbors
rats, insects, animals, reptiles, or any other creatures which may or do
constitute a menace to health, public safety or welfare;
5.
Weeds or indigenous grasses which become rank in odor, and;
6.
Weeds and indigenous grasses on or about residential property which,
because of its height, has a blighting influence on the neighborhood. Any such weeds and indigenous grasses shall
be presumed to be blighting if they exceed twelve (12) inches in height.
REVISED: (Ord.
No. 3226-97, 04-02-97; Ord. No. 3570-06, 04-19-06)
Section 10-303 Public officers; notice to remove.
The City Manager shall designate a public officer to be charged with the administration and enforcement of this ordinance. The public officer, or an authorized assistant, shall notify in writing the owner, occupant or agent in charge of any premises in the city upon which weeds or indigenous grasses exist in violation of this ordinance, by certified mail or by personal service, once per calendar year. Such notice shall include the following:
1. That the owner, occupant or agent in charge of the property is in violation of the city’s weed ordinance.
2. That the owner, occupant, or agent in charge of the property is ordered to cut the weeds within five (5) days of the receipt of notice or in cases where the owner is unknown or is a nonresident, and there is no resident agent ten (10) days after notice has been published in the official city paper K.S.A. 12-1617f.
3.
That the owner, occupant, or agent in charge of the property may
request a hearing before the governing body or its designated representative
within five (5) days of the receipt of notice.
The governing body hereby designates the city manager or designee as its
representative for such hearing.
4. In the event that the owner, occupant, or agent in charge of the property shall neglect or fail to comply with the requirements, the city or its authorized agent, shall cause to be cut, destroyed and/or removed all such weeds and indigenous grasses and abate the nuisance created thereby at any time during the same calendar year. The cost of cutting of the weeds, the cost of providing notice, including postage, and an $85 administration fee will be assessed against the owner, occupant, or agent in charge of the property.
5.
That the owner, occupant, or agent in charge of the property will be
given 30 days to pay the assessment, and, if it is not paid, it will be added
to the property tax as a special assessment.
6. That no further notice shall be given prior to any subsequent removal of weeds during the same calendar year.
7.
That the public officer should be contacted if there are any questions
regarding the order.
If there is a change in the record owner of title to
property subsequent to the giving of notice pursuant to this section, the new
record owner of title to such property shall be provided notice as required by
this section, and thereafter the city may recover any costs or levy an
assessment for the costs incurred by the cutting or destruction of weeds on
such property.
REVISED: (Ord.
No. 3226-97, 04-02-97; Ord. No. 3447-03, 6-4-03; Ord. No. 3570-06, 04-19-06;
Ord. No. 3570-06, 04-19-06)
Section 10-304 Abatement;
assessment of costs.
1. The public officer, or an authorized assistant, shall give notice to the owner, occupant, or agent in charge of the premises by certified mail of the costs of abatement of the nuisance. The notice shall state that payment of the costs is due and payable within thirty (30) days following receipt of notice.
2. If the costs of removal or abatement remain unpaid after thirty (30) days following the receipt of notice, a record of the costs of cutting and destruction and/or removal shall be certified to the city clerk. The city may levy a special assessment for such costs to be assessed against the particular lot or piece of land on which such weeds or indigenous grasses were so removed, and against such lots or pieces of land in front of or abutting on such street or alley on which such weeds or indigenous grasses were so removed in the same manner as provided by K.S.A. 12-1617e. The city clerk shall certify the assessment to the county clerk at the time other special assessments are certified for spreading on the tax rolls of the county.
REVISED: (Ord.
No. 3226-97, 04-02-97; Ord. No. 3570-06, 04-19-06)
Section 10-305 Right
of entry.
The public officer, and the public officer’s
authorized assistants, employees, contracting agents or other representatives,
are hereby expressly authorized to enter upon private property at all reasonable
hours for the purpose of cutting, destroying and/or removing such weeds in a
manner not inconsistent with this ordinance.
REVISED: (Ord.
No. 3226-97, 04-02-97; Ord. No. 3570-06, 04-19-06)
Section 10-306 Unlawful
interference.
It
shall be unlawful for any person to interfere with or to attempt to prevent the
public officer or the public officer’s authorized representative from entering
upon any such lot or piece of ground or from proceeding with such cutting and
destruction. Such interference shall
constitute a Class B misdemeanor and, upon conviction thereof, shall be
punishable by a fine of not less than $50.00 nor more than $500.00, or by
imprisonment not to exceed 30 days, or by both such fine and imprisonment. Each separate day or part thereof shall
constitute a separate offense.
REVISED: (Ord.
No. 3226-97, 04-02-97; Ord. No. 3447-03, 6/4/03; Ord. No. 3570-06, 04-19-06)
Sec.
10-307 Noxious weeds.
1.
Nothing in this ordinance shall affect or impair the rights of the city
under the provisions of Chapter 2, Article 13, of the Kansas Statutes
Annotated, relating to the control and eradication of certain noxious weeds.
2.
For the purpose of this section, the term noxious weeds shall mean
kudzu (Pueraria lobata), field bindweed (Convolvulus arvensis), Russian
knapweed (Centaureap picris), hoary cress (Lepidium draba), Canada thistle
(Cirslum arvense), quackgrass (Agropyron repens), leafy spurge
(Euphorbiaesula), burragweed (Franseriatomentosa and discolor), pignut
(Hoffmannseggia desiflora), musk (nodding) thistle (Carduus nutans L), Johnson
grass (Sorghum halepense), giant ragweed, common ragweed, bull thistle, wild
hemp, stinging nettle, poison ivy, poison sumac, poison oak, common milkweed,
and uncultivated multiflora rose.
REVISED: (Ord. No. 3226-97, 04-02-97; Ord. No. 3570-06,
04-19-06)
(This entire Article III was changed to reflect
Ordinance No. 3570-06 dated 4/19/06)
ARTICLE
IV. HEALTH NUISANCES
Sec.
10-401 Nuisance prohibited.
The
act of keeping or allowing to exist upon any private property within the City
any open cellars, open basements, cisterns, wells, ditches, holes or other
excavations is hereby declared to be a nuisance; provided, however, that open
cellars, basements or other excavations which are necessarily open during a
period of construction shall not be construed to be a nuisance for the purposes
of this article.
(Code
1982)
Sec.
10-402 Nuisance; Notice to remove
and abate.
Whenever
the City Inspector or authorized agent determines that a nuisance exists, s/he
shall issue a notice requiring the owner or agent of the premises to abate the
nuisance described in subsection (a) within a time not to exceed ten days from
the service of such notice. The time
limit shall be specified within the notice.
The notice shall be sent by certified mail to the last known address of
the owner or occupant.
(Code
1982)
Sec.
10-403 Special assessment.
If
the owner of the premises on which the nuisance is located does not comply with
the notice sent, then the City Inspector or authorized agent shall proceed to
have the nuisance described in such notice removed and abated from the premises
and report the cost thereof to the City Clerk.
The cost of such removal and abatement shall be assessed and charged
against the premises on which the nuisance was located.
(Code
1982)
Sec.
10-404 Failure to abate nuisance;
penalty.
Any
person who fails, neglects or refuses to abate and remove a nuisance from his
premises pursuant to the notice and within the time specified by such notice
shall be guilty of a Class C misdemeanor.
(Code
1982)
ARTICLE V.
LITTER
Sec.
10-501 Definitions.
The
following words, terms and phrases, when used in this article, shall have the
meanings ascribed to them in this section, except where the context clearly indicates
a different meaning:
Garbage- means
all waste material, including animal and vegetable matter, such as has been
prepared or intended to be used as food, waste products, yard clippings,
leaves, paper, rubbish, glasses, ashes and refuse.
Litter- means
garbage, refuse and rubbish and all other waste material which, if thrown or
deposited as prohibited in this article, tends to create a danger to the public
health, safety and welfare.
(Code
1982)
Cross
reference-Definitions and rules of
construction generally, § 1-101; 1-102.
Sec.
10-502 Garbage or litter in
public places; penalty.
A.
No person shall throw or deposit garbage or
litter in or upon any street, sidewalk or other public place within the City
except in public receptacles or in authorized private receptacles for
collection.
B.
A violation of
this section is a Class C misdemeanor.
(Code
1982)
Sec.
10-503 Garbage or litter upon
private property; penalty.
A. It shall be unlawful for any owner of private property or any person in control of or occupying any private property to throw, deposit or maintain garbage or litter upon such premises.
B.
A violation of
this section is a Class C misdemeanor.
(Code
1982)
State
law reference-Weeds, K.S.A. 2-1314 et
seq.
Sec.
10-504 Duty to remove snow and ice
from sidewalks.
It is hereby made the duty of the owner, agent or occupant of any lots
abutting upon any sidewalks to cause to be removed from such sidewalks all snow
and ice within five (5) hours adjacent to non-residential properties and within
(24) hours adjacent to residential properties from the time such snow has
fallen or ice has accumulated; provided, that if the snow falls or ice
accumulates upon such sidewalks in the nighttime, removal of such snow or ice
must be made within prescribed hours of daylight the following day. A violation of this Section shall be punished
by a fine of not less than twenty-five dollars ($25.00) nor more than two
hundred fifty dollars ($250.00).
REVISED: (Ord. No. 3610-06, 12-20-06)
(Code 1982) Changed: 3/28/07
Cross
references- Streets and sidewalks,
Ch. 70; traffic and motor vehicles, Ch. 13.
State
law references-Refuse collection and
disposal, K.S.A. 12-2101 et seq.; littering, K.S.A. 21-3722.
ARTICLE VI.
SANITARY NUISANCES
Section 10-601 Nuisances
unlawful; Defined.
It
shall be unlawful for any person to maintain or permit any nuisance within the
city as defined, without limitation, as follows, KSA 12-1617e:
1.
Filth, excrement, lumber, rocks, dirt, cans, paper,
trash, metal or any other offensive or disagreeable thing or substance thrown
or left or deposited upon any street, avenue, alley, sidewalk, park, public or
private enclosure or lot whether vacant or occupied;
2.
All dead animals not removed within 24 hours after
death;
3.
Any place, structure or substance that emits or
causes any offensive, disagreeable or noxious odors;
4.
All stagnant ponds, pools or accumulations of
water;
5.
All grass or weeds or other unsightly vegetation
not usually cultivated or grown for domestic use or to be marketed or for ornamental
purposes;
6.
Abandoned freezers or refrigerators kept on the
premises not in actual use must be removed immediately and freezers or
refrigerator placed outside used as freezers or refrigerators must be secured;
7.
All articles or things whatsoever caused, kept,
maintained or permitted by any person that could or do result in the injury,
annoyance or inconvenience of the public or of any neighborhood;
8.
Any fence, structure, thing or substance placed
upon or being upon any street, sidewalk, alley or public ground so as to
obstruct the same, except as permitted by the laws of the city;
9.
Any condition providing harbor or breeding space
for rats, mice, snakes, mosquitoes or other vermin;
10.
Improperly stored appliances, furniture, or other
machinery that constitute a hazard to children;
11.
Building materials stored outside. However, if a) there is a current building
permit for the premises and b) materials are stored at least eighteen inches
(18”) off the ground and not closer than forty-eight inches (48”) to a wall or
fence (unless the city inspector has approved a lesser distance), and c) the
materials will be used within six (6) months, then material storage may be
allowed.
REVISED: (Ord.
No. 3134-95, 02-15-95; Ord. No. 3586-06, 08-02-06; Ord. No. 3595-06, 09-20-06)
Section 10-602 Complaints; inquiry and inspection.
The public officer shall make inquiry and inspection of
premises upon receiving a complaint that a nuisance exists and describing the
same and where located or is informed that a nuisance may exist. The public officer may make any inquiry and
inspection when he or she observes conditions that appear to constitute a
nuisance. Upon making an inquiry and
inspection the public officer shall make a written report of findings.
Section 10-603 Public
officers; notice to remove.
The city
manager shall designate a public officer to be charged with the administration
and enforcement of this ordinance. The
public officer, or an authorized assistant, shall notify in writing the owner,
occupant or agent in charge of any premises or violation stored on public
right-of-way or parking lot in the city upon which a nuisance exists in
violation of this ordinance, by certified mail or by personal service. Such notice shall include the following:
1. That the owner, occupant or agent in charge of the property is in violation of the city’s nuisance ordinance, with a description of such nuisance(s).
2. That the owner, occupant, or agent in charge of the property is ordered to abate the conditions in violation within ten (10) days from the date of personal service of notice, or three days in addition to the ten days if service is by certified mail (the three days to begin the day after the date of the letter). In the case where the owner of the nuisance has placed the item(s) on the public property the owner must remove them within 24 hours.
If the owner or agent of the
owner of the property has failed to accept delivery or otherwise failed to
effectuate receipt of a notice sent pursuant to this section during the
preceding twenty-four month period, the public officer may provide notice of
the issuance of any further orders to abate or remove a nuisance. Except as specifically provided the public
officer may provide notice of the order by such methods including, but not
limited to, door hangers, conspicuously posting notice of such order on the
property, personal notification, telephone communication or first class. K.S.A.
12-1617e.
3.
That the owner, occupant, or agent in charge of
the property may request a hearing before the governing body or its designated
representative within five (5) days of the receipt of notice. The governing body hereby designates the city
manager or his/her designee as its representative for such hearing.
4.
Should the person fail to comply with the notice
to abate the nuisance or fail to request a hearing, the public officer may file
a complaint in the municipal court of the city against such person and upon
conviction of any violation, be fined in an amount not to exceed one thousand
dollars ($1,000) or be imprisoned not to exceed thirty (30) days or be both
fined and imprisoned. Each day during or
on which a violation occurs or continues after notice has been served shall
constitute an additional or separate offense.
5.
As an alternative to prosecution, when an owner,
occupant, or agent in charge of the property neglects or fails to comply with
the requirements, the city or its authorized agent, may cause to have the
nuisance removed as provided by K.S.A. Supp.8-1102, as amended. The cost of the removal of the nuisance, the
cost of providing notice, including postage, and an $85 administration fee will
be assessed against the owner, occupant, or agent in charge of the property.
6. If a nuisance exists that, in the opinion of the public officer, presents an immediate threat or danger to the health, safety, or welfare of any citizen, such nuisance or condition must be abated immediately and in no instance shall remain for more than 24 hours.
7.
That the public officer should be contacted if
there are any questions regarding the order.
8.
Sentence enhancement is appropriate refer to Sec.
10-607
REVISED: (Ord.
No. 3133-95, 02-15-95; Ord. No. 3586-06, 08-02-06; Ord. No. 3595-06, 09-20-06;
Ord. No. 3612-07, 1-3-07)
Section 10-604 Abatement;
assessment of costs.
1.
The public officer, or an authorized assistant,
shall give notice to the owner, occupant, or agent in charge of the premises by
certified mail of the costs of abatement of the nuisance. The notice shall state that payment of the
costs is due and payable within thirty (30) days following receipt of notice.
2.
If the costs of removal or abatement remain unpaid
after thirty (30) days following the receipt of notice, a record of the costs
shall be certified to the city clerk.
The city may levy a special assessment for such costs to be assessed
against the particular lot or piece of land on which such nuisance was so
removed as provided by K.S.A. 12-1617e.
The city clerk shall certify the assessment to the county clerk at the
time other special assessments are certified for placing on the tax rolls of
the county.
REVISED: (Ord.
No. 3133-95, 02-15-95; Ord. No. 3586-06, 08-02-06)
Section 10-605 Right
of entry.
The public officer, and their authorized assistants, employees, contracting agents or other representative are hereby given the right to enter onto private property at reasonable hours to inspect and make inquiry to determine if a nuisance exists or has been abated. If entry is denied, the public officer may seek an order for this purpose from a court of competent jurisdiction. The public officer is not authorized to enter residences or buildings.
REVISED: (Ord.
No. 3133-95, 02-15-95; Ord. No. 3586-06, 08-02-06)
Section 10-606 Unlawful
interference.
It shall be unlawful for any person to interfere with or
to attempt to prevent the public officer or their authorized representative
from entering upon any such lot or piece of ground or from proceeding with such
nuisance removal. Such interference
shall constitute a Class B misdemeanor and, upon conviction thereof, shall be
punishable by a fine of not less than $50 nor more than $500, or by
imprisonment not to exceed 30 days, or by both such fine and imprisonment. Each separate day or part thereof shall
constitute a separate offense.
REVISED: (Ord.
No. 3133-95, 02-15-95; Ord. No. 3586-06, 08-02-06)
Sec. 10-607 Sentence
enhancements for violation of prohibitions.
The City Prosecutor shall have the authority to seek the enhancement of sentences as provided in this Ordinance by following the following procedure:
1. Enhancement is appropriate if the
defendant has violated the same or similar Code at least two (2) times in the
preceding five (5) years from the date of the charge of the current violation.
2. The City Prosecutor shall file a
notice to enhance the sentence prior to the trial or plea in the current case,
and shall provide the defendant notice of the enhancement at least 10 days
prior to the plea or trial.
3. For each defendant the enhancement
shall be as follows: for the first filing the enhancement shall be double the
penalty provisions contained in this chapter; for second and subsequent filings
for a defendant the enhancement shall be triple the penalties contained in this
chapter.
4. Sentence enhancement is appropriate
for violations of the following Sections:
10-601, Nuisances Unlawful
10-603, Public Officers; Notice to
Remove
New Section
Added: (Ord. No. 3595-06, 09-20-06)
Sec.
10-701 Definitions.
The
following words, terms and phrases, when used in this Chapter, shall have the
meanings ascribed to them in this section, except where the context clearly
indicates a different meaning:
Garbage-
means all organic household waste, offal, or animal and vegetable matter, such
as has been prepared or intended to be used as food, or shall have arisen in
the preparation of food, wastepaper, refuse, discarded material and trash.
(Code
1982)
Cross
reference-Definitions and rules of
construction generally, § 1-101; 1-102.
Cross
references - Utilities, Ch. 14.
State
law references-Solid waste
collection, K.S.A. 12-2102; solid and hazardous waste, K.S.A. 65-3401 et seq.;
authority to provide collection or disposal of solid waste, K.S.A. 65-3410.
Sec.
10-702 Containers required for
placement of garbage.
It
shall be the duty of every householder, tenant and occupant of any dwelling or
building to provide or cause to be provided and kept at all times portable
vessels, tanks or receptacles to be perfectly watertight and provided with a
tightly fitting cover, of sufficient capacity to hold garbage accumulated from
the respective premises.
(Code
1982)
Sec.
10-703 Transporting in closed
containers.
It
shall be unlawful for any person to transport trash or other refuse upon the
streets or alleys of the City, except in closed containers or in vehicles
equipped with an enclosed compartment so constructed, equipped and used as to
not permit garbage or other refuse to be blown and otherwise discharged onto
the streets and alleys of the City during transportation.
(Code
1982)
Cross
reference-Traffic and motor vehicles,
Ch. 13.
Sec.
10-704 Penalty for violation of
chapter.
Any
person failing to comply with any duty imposed by this Chapter, or violating
any of the terms and provisions of this Chapter, shall be deemed guilty of a
Class C misdemeanor.
(Code1982)
ARTICLE
VIII. INDOOR CLEAN AIR
Sec. 10-801 Findings
Legislative findings are attached as an addendum
Sec. 10-802
Purpose
The purpose of this Article is to:
1. Improve and protect
the public’s health by eliminating smoking in eating establishments and public
places; and
2. Guarantee
the right of nonsmokers to breathe smoke‑free air; and
3. Recognize that in
public spaces the need to breathe smoke‑free air shall have priority over
the choice to smoke.
Sec. 10-803 Definitions
“Access point”
means the area within a ten foot radius outside of any doorway, open window or
air intake leading into a building or facility that is not exempted pursuant to
subsection (d) of K.S.A. 21-4010, and amendments thereto.
“Bar”
means any indoor area that is operated and licensed for the sale and service of
alcoholic beverages, including alcoholic liquor as defined in K.S.A. 41-102,
and amendments thereto, or cereal malt beverages as defined in K.S.A. 41-2701,
and amendments thereto, for on-premises consumption.
“Employee”
means any person who is employed by an employer in consideration for direct or
indirect monetary wages or profit, and any person who volunteers their services
for a nonprofit entity.
“Employer”
means any person, partnership, corporation, association or organization,
including municipal or nonprofit entities, which employs one or more individual
persons.
“Enclosed
area” means all space between a floor and ceiling which is enclosed on all
sides by solid walls, windows or doorways which extend from the floor to the
ceiling, including all space therein screened by partitions which do not extend
to the ceiling or are not solid or similar structures. For purposes of this section, the following
shall not be considered an “enclosed area”:
(1) Rooms or areas, enclosed by walls, windows or doorways, having
neither a ceiling nor a room and which are completely open to the elements and
weather at all times; and (2) rooms or areas, enclosed by walls, fences,
windows or doorways and a roof or ceiling, having openings that are permanently
open to the elements and weather and which comprise an area that is a least 30%
of the total perimeter wall area of such room or area.
“Food
service establishment” means any place in which food is served or is prepared
for sale or service on the premises.
Such term shall include, but not be limited to, fixed or mobile
restaurants, coffee shops, cafeterias, short-order cafes, luncheonettes, grills,
tea rooms, sandwich shops, soda fountains, taverns, private clubs, roadside
kitchens, commissaries, and any other private, public or nonprofit organization
or institution routinely serving food and any other eating or drinking
establishment or operation where food is served or provided for the public with
or without charge.
“Outdoor
recreational facility” means a hunting, fishing, shooting or golf club,
business or enterprise operated primarily for the benefit of its owners,
members and their guests and not normally open to the general public.
“Place of
Employment” means any enclosed area under the control of a public or private
employer, including, but no limited to, work areas, auditoriums, elevators,
private offices, employee lounges and restrooms, conference and meeting rooms,
classrooms, employee cafeterias, stairwells and hallways, that is used by
employees during the course of employment.
For purposes of this section, a private residence shall not be
considered a “place of employment” unless such residence is used as a day care
home, as defined in K.S. A. 65-530, and amendments thereto.
“Private
building” means an outdoor recreational facility operated primarily for the use
of its owners, members and their guest that in its ordinary course of business
is not open to the general public for which use of its facilities has
substantial dues or membership fee requirements for its members.
“Public
building” means any building owned or operated by: (1) The state, including any
branch, department, agency, bureau, commission, authority or other
instrumentality thereof; (2) any county, city, township, other political
subdivision, including any commission, authority, agency or instrumentality
thereof; or (3) any other separate corporate instrumentality or unit of the
state or any municipality. (m)
“Public
place” means any enclosed areas open to the public or used by the general
public including, but not limited to:
Banks, bars, food service establishments, retail service establishments,
retail stores, public means of mass transportation, passenger elevators, health
care institutions or any other place where health care services are provided to
the public, medical care facilities, educational facilities, libraries,
courtrooms, public buildings, restrooms, grocery stores, school buses, museums,
theaters, auditoriums, arenas and recreational facilities. For purposes of this section, a private
residence shall not be considered a “public place” unless such residence is
used as a day care home, as defined in K.S.A. 65-530, and amendments thereto.
REVISED: (Ord.
No. 3759-10, 06-16-10)
Sec. 10-804 Prohibitions
No person shall smoke in an enclosed area or at a
public meeting, including but not limited to:
REVISED: (Ord.
No. 3759-10, 06-16-10)
Sec. 10-805 Responsibilities of Employers and
Proprietors
1. The person having control of a place, subject to this
Ordinance, shall not knowingly permit, cause, suffer
or allow any person to violate the provisions of this Ordinance in that place.
2. The
person having control of a place, subject to this Ordinance, shall clearly and
conspicuously post “No Smoking” signs or the international “No Smoking” symbol
(consisting of a pictorial representation of a burning cigarette enclosed in a
red circles with a red bar across it) at every public entrance.
3. To
the extent necessary for the enforcement of this Ordinance, the provisions of
K.S.A. 21-4009 (b) and (c) are incorporated into this Ordinance.
REVISED: (Ord. No. 3759-10, 06-16-10)
Sec. 10-806 Exceptions
The provisions of this Ordinance shall not apply to:
1.
Private homes or
residences, except at noted in K.S.A. 21-4009 (d) (2);
2.
The outdoor areas
of any building or facility beyond the access point of such building or
facility;
3.
Hotel or motel
rooms rented to one or more guests if the total percentage of such hotel or
motel rooms does not exceed 20%;
4.
That portion of
an adult day care facility as stated in K.S.A. 21- 4009 (d) (5);
5.
Tobacco shops;
6.
Class A and B
clubs as stated in K.S.A. 21-4009 (d) (8);
7.
Private clubs in
areas where minors are prohibited.
REVISED: (Ord. No. 3759-10, 06-16-10)
Sec. 10-807 Enforcement and penalties
Any person who violates the provisions of this
Ordinance shall be guilty of a cigarette and tobacco infraction as shall be
punished by a fine;
REVISED: (Ord. No. 3759-10, 06-16-10)
Sec. 10-808 Other Applicable Laws
This ordinance is intended to conform to the enactment
of the Kansas Legislature and shall be construed in conformance with K.S.A. 21-
4009 and any amendments thereto. To the extent necessary any provision of this
Ordinance that is in conflict with
K.S.A. 21-4009 shall be deemed null and void, and the provisions of the
Kansas Legislature shall control.
REVISED: (Ord. No. 3759-10, 06-16-10)
Sec. 10-809 Liberal
Construction
The provisions of this Ordinance shall be liberally
construed to effectively carry out its purposes which are hereby found and
declared to be in furtherance of the public health, safety, and welfare, and
convenience.
Sec. 10-810 Savings
Clause
The repeal of Ordinance or Code sections, as provided
herein below shall not affect any rights acquired, fines, penalties,
forfeitures, or liabilities therefore. Said Ordinance or Code repealed is
hereby continued in fore and effect after the passage, approval, and
publication of the Ordinance for the purposes of such rights, fines, penalties,
forfeitures, liabilities, and actions therefore.
Sec. 10-811 Incorporation
and effective date
This ordinance shall be incorporated into the Ottawa
Municipal Code upon its adoption and publication in the official city
newspaper, but the ordinance shall not become effective until June 1, 2008.
New Article
VIII added: (Ord. No. 3657-07, 12-05-07 effective 6/1/08)
See: Legislative findings following. Findings are attached as an addendum.
Addendum—legislative
findings
(A) Smoking
areas may be designated pursuant to K.S.A. 21‑4010 by proprietors or
other persons in charge of public places, except those places where smoking is
prohibited by law.
(B) There
exists a substantial body of scientific research demonstrating that smoking and
the effects of second hand smoke pose significant health hazards to persons who
are in the presence of smokers.
(C) Kansas
statutory law regarding smoking in public places addresses at K.S.A. 21‑4013
the potential for city or county regulation of smoking within its boundaries,
so long as such regulation is at least as stringent as state law.
(D) Secondhand
smoke, which contains 4,000 chemicals, 63 of which cause cancer, is the third
leading cause of preventable death in the United States, and the National
Cancer Institute determined in 2000 (Monograph # 10) that secondhand smoke is
responsible for the early deaths of as many as 65,000 Americans annually; and
(E) The
Public Health Services National Toxicology Program has listed secondhand smoke
as a known carcinogen (U.S. DHHS, 2000, citing Cal. EPA, 1997), and (2)
numerous studies have found that tobacco smoke is a major contributor to indoor
air pollution and that breathing secondhand smoke (also known as environmental
tobacco smoke)is a cause of disease in healthy nonsmokers, including heart,
stroke, respiratory disease, and lung cancer; and
(F) The
ills of smoking and secondhand smoke are well documented in all of the
independent medical studies and secondhand smoke is particularly hazardous to
elderly people, children individuals with cardiovascular disease, and
individuals with impaired respiratory function, including asthmatics and those
with obstructive airway disease; and
(G) (1)
the U.S. Surgeon General has determined that the simple separation of smokers
and nonsmokers within the same air space may reduce, but does not eliminate,
the exposure of nonsmokers to secondhand smoke, (2) the Environmental
Protection Agency has determined that secondhand smoke cannot be reduced to
safe levels in businesses by high rates of ventilation, (3) air cleaners, which
are only capable of filtering the particulate matter and odors in smoke, do not
eliminate the known toxins in secondhand smoke, (4) American Society of
Heating, Refrigerating and Air conditioning Engineers (ASHRAE) bases its
ventilation standards on totally smoke‑free environments because it
cannot determine a safe level of exposure to secondhand smoke, which contains
cancer‑causing chemicals, and ASHRAE acknowledges that the technology
does not exist that can remove chemicals from the air that cause cancer; and
(H) (1)
a recently promulgated ASHRAE Position Document of Environment Tobacco Smoke
concludes that at present, the only means of eliminating health risks
associated with indoor exposure is to ban all smoking activity, and (2) ASHRAE
further concludes that no current ventilation, air cleaning or other
technologies have been demonstrated to control health risks from environmental
tobacco smoke exposure in spaces where smoking occurs; and
(I) A
significant amount of secondhand smoke exposure occurs in the workplace, and
employees who work in smoking permitted businesses suffer a higher risk of
heart attack and higher rates of death from cardiovascular disease and cancer,
as well as increased acute respiratory disease and a measurable decrease in
lung function; and
(J) Smoke‑filled
workplaces result in higher worker absenteeism due to respiratory disease,
lower productivity, higher cleaning and maintenance costs, increased health
insurance rates and increased liability claims for diseases related to exposure
to secondhand smoke; and
(K) The
Ottawa City Commission recognizes that environmental tobacco smoke poses a
serious public health hazard; that nonsmokers need protection from
environmental tobacco smoke exposure and that regulation of the burning of
tobacco in public places and places of employment is imperative in order to
protect the public health and welfare of the citizens of the City of Ottawa;
(L) Numerous
studies have determined that environmental tobacco smoke (ETS) is a significant
source of exposure to toxic air indoor contaminants, causally associated with
respiratory illness, including lung cancer, asthma and emphysema; and
(M) There
is scientific research linking ETS with heart disease, responsible for an
estimated 35,000 coronary heart disease deaths annually among adult nonsmokers
in the United States as a result of ETS exposure; and
(N) ETS
carcinogens and poisons pose special risk to children, the elderly, food
service employees, and individuals with cardiovascular disease and/or impaired
respiratory function, including asthmatics and those with obstructive airway
disease; and
(O) ETS
exposure has been causally associated with developmental, respiratory,
carcinogenic and cardiovascular effects, including fetal outcomes such as
sudden infant death syndrome.
(P) Tobacco
use is the single largest cause of preventable death in
(Q) The
separation of smokers from nonsmokers within the same airspace does not
eliminate the exposure of nonsmokers to ETS, given that no safe level of
exposure to ETS has been found;
(R) Accordingly
the Ottawa City Commission recognizes that ETS poses a serious public health
hazard, that nonsmokers need protection from ETS exposure and that therefore,
regulation by the City Commission of the burning of tobacco in public places
and places of employment is imperative in order to protect the public health
and welfare of the citizens of the City of Ottawa:
New Article and Addendum added: Article VIII and Legislative findings
attached as addendum.
(Ord.
No. 3657-07, 12-05-07; effective 6/1/08) Changed: 1-11-08