CODE OF THE CITY OF BIRD CITY, KANSAS
GOVERNING BODY AND OFFICIALS
PREFACE
ORDINANCE NO. 354
CERTIFICATE OF THE CITY CLERK
COMPARATIVE TABLE OF ORDINANCES
TABLE OF CONTENTS
CHAPTER 1. 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. Vacancies on the governing body; how filled.
1-208. Code of procedure for Kansas cities incorporated.
1-209. Council committees; appointment.
Article 3. Officers and Employees
1-301. Appointment.
1-302. Employees.
1-303. Removal.
1-304. Vacancy in office.
1-305A. City superintendent.
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. Personnel Policy and Employee Benefits
1-401. Personnel policies and guidelines.
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.
Article 8. Revenue, Finance & Community Development
1-801. Non-sufficient funds.
1-802. Municipal Equipment Reserve Fund.
1-803. Eggers Emergency Building Fund.
1-804. Employee Benefits Contribution Fund
CHAPTER 2. ANIMAL CONTROL AND REGULATION
Article 1. Animals, Fowl Generally
2-101. Animals kept in city.
2-102. Fowl.
Article 2. Dogs
2-201. License required.
2-202. Vaccinated for rabies.
2-203. License fee.
2-204. Dog tag.
2-205. Animal control officer; impoundment; fee; notice; record.
2-206. Vicious dogs.
2-207. Confinement, vicious dog.
2-208. Running at large.
2-209. Kennels and noisy dogs.
CHAPTER 3. 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 fees.
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.
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.
Article 8. Special Event Cereal Malt Beverage
3-801. Permit required.
3-802. Permit fee.
3-803. City special event permit.
3-804. Permit Regulations.
CHAPTER 4. BUILDINGS AND CONSTRUCTION
Article 1. Building Code
4-101. Building code incorporated.
4-102. Marked copies filed.
4-103. Liability.
4-104. Establishment of office of building official.
4-105. Duties: building official.
4-106. Building official; liability.
4-107. Right of entry.
4-108. Definitions.
4-109. Fees.
4-110. Penalty.
Article 2. Electrical Code
4-201. Electrical code incorporated.
4-202. Liability.
4-203. Radio, television; disturbance, interference.
4-204. Penalty.
Article 3. Plumbing Code
4-301. Plumbing code incorporated.
4-302. Plumbing inspector; qualifications, appointment; deputy inspectors.
4-303. Inspector, deputies not engaged in business in the city.
4-304. Inspector; duties.
4-305. Approval, condemnation of plumbing.
Article 4. Utility Lines
4-401. Definitions.
4-402. Persons subject to.
4-403. Approval of placement.
4-404. Depth.
4-405. Map.
4-406. Responsibility.
4-407. Penalty.
Article 5. Housing Code
4-501. Housing code incorporated.
4-502. Marked copies of standard code filed.
Article 6. Demolition of Buildings
4-601. Definition.
4-602. Permit.
4-603. Permit; application, bond, insurance.
4-604. City clerk issue permit.
4-605. Bond; insurance waived.
4-606. Inspection.
4-607. Penalty.
Article 7. Mobile Homes and Parks
4-701. Definitions.
4-702. Location, mobile homes, house trailers.
4-703. Park license.
4-704. Camp license.
4-705. Permits; individual mobile homes, house trailers.
4-706. License, permit fees.
4-707. Existing parks.
4-708. Applications; license for parks and camps.
4-709. Application information required.
4-710. Application; expansion to park.
4-711. Application; temporary permit, mobile home or house trailer.
4-712. Park and camp locations.
4-713. Park and camp layouts.
4-714. Service buildings.
4-715. Electricity.
4-716. Grounding.
4-717. Fuel gas.
4-718. Register.
4-719. Alterations and additions.
4-720. Penalty.
Article 8. Fences
4-801. Definitions.
4-802. Permit required.
4-803. Restrictions; Generally
4-804. Same; open fences.
4-805. Same; solid fences.
4-806. Nonconforming fences; continuation.
4-807. Maintenance.
4-808. Protective fences and walls during construction work.
4-809. Fence height; measurement.
4-810. Standards.
4-811. Appeals.
4-812. Acts prohibited.
4-813. Variances.
4-814. Enforcement. Penalties.
Article 9. Grain Storage Permits.
4-901. General.
4-902. New facilities.
4-903. Existing facilities.
4-904. Exceptions.
4-905. Penalty.
Article 10. Moving Buildings
4-1001. Building official; authority.
4-1002. Permit required.
4-1003. Same; application for permit.
4-1004. Same; bond, insurance required.
4-1005. Same; fee.
4-1006. Route; duties of building official.
4-1007. Notice to owners.
4-1008. Duty of owners.
4-1009. Interfering with poles; wires.
4-1010. Display of lanterns.
CHAPTER 5. BUSINESS REGULATIONS
Article 1. Solicitors and Peddlers
5-101. Nuisance.
5-102. Penalty.
Article 2. Trimming & Spraying of Trees, Shrubs, Vines
5-201. License required.
5-202. Examination of applicant.
5-203. Contents of license.
5-204. City clerk, prepare rules regulations.
5-205. Insurance requirements.
5-206. Appointment of agent for service of process.
5-207. Licensee fee.
5-208. Trash hauling.
5-209. Penalty.
Article 3. Traveling Shows
5-301. License.
5-302. License fee.
5-303. Law enforcement, duty.
5-304. Penalty.
CHAPTER 6. ELECTIONS
Article 1. Governing Body
6-101. Conduct of election.
6-102. Hours of voting.
6-103. Governing body elections; qualifications and terms.
6-104. Commencement of terms of office; oath of office.
6-105. Candidacy.
CHAPTER 7. FIRE
Article 1. Fire Department
7-101. Fire department established.
7-102. Volunteers.
7-103. Supervision.
7-104. Chief of the fire department; powers of discipline, expulsion and suspension.
7-105. Chief of the fire department; powers of command at fires.
7-106. Record keeping.
7-107. Fire prevention duties and powers.
7-108. Absence of chief of the fire department.
7-109. Right-of-way-granted.
7-110. Obstruction; driving over fire hose.
7-111. Obstructions; hinder fire department.
7-112. False alarm.
7-113. Private use of equipment, apparatus banned.
7-114. Penalties.
Article 2. Fire Prevention
7-201. Fire prevention code incorporated.
7-202. Open burning unlawful; definition; refuse.
7-203. Allowed open burning; regulations for the same.
7-204. Open burning; penalty.
Article 3. Fireworks
7-301. Definitions.
7-302. Permit Requirements.
7-303. Sale, handling, storage, and hours.
7-304. Discharge of Fireworks.
7-305. Rules and regulations.
7-306. Exhibitions; exceptions.
7-307. Authority of fire chief and sheriff.
7-308. Penalties.
CHAPTER 8. 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.
8-308. Costs.
Article 4. Insurance Proceeds Lien
8-401. Scope and application.
8-402. Lien created.
8-403. Same; encumbrances.
8-404. Same; pro rata basis.
8-405. Procedure.
8-406. Fund created; deposit of moneys.
8-407. Building inspector; investigation, removal of structure.
8-408. Removal of structure; excess moneys.
8-409. Same; disposition of funds.
8-410. Effect upon insurance policies.
8-411. Insurers; liability.
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. Noise
8-701. Loud and unnecessary noise prohibited.
8-702. Exceptions.
8-703. Application.
8-704. Review Process.
8-705. Penalty.
CHAPTER 9. 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 10. POLICE
Article 1. Reserved
CHAPTER 11. PUBLIC OFFENSES
Article 1. Uniform Offense Code
11-101. Uniform public offense code incorporated.
Article 2. Local Provisions
11-201. Trespassing for purpose of parking vehicle.
11-202. Wasting utilities.
11-203. Fortunetellers, palmists.
11-204. Window peeping.
11-205. Desecration of flags.
CHAPTER 12. PUBLIC PROPERTY
Article 1. City Parks
12-101. City laws extended to park.
12-102. Police jurisdiction over parks.
12-103. Damaging park property.
12-104. Dangerous weapons.
12-105. Vehicle regulations.
12-106. Hunting.
12-107. Fires.
12-108. Camping prohibited.
12-109. Sanitation.
12-110. Prohibition against alcoholic beverages and cereal malt beverages.
12-111. Preservation of natural state.
12-112. General regulations.
CHAPTER 13. 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
13-301. Definitions.
13-302. Distance from curb and sidewalk.
13-303. Distance from street comers and fireplugs.
13-304. Utilities.
13-305. Public tree care.
13-306. Tree topping.
13-307. Pruning, corner clearance.
13-308. Dead or diseased tree removal on private property.
13-309. Removal of stumps.
13-310. Interference with city.
13-311. Penalty.
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 14. TRAFFIC
Article 1. Standard Traffic Ordinance
14-101. Standard traffic ordinance incorporated.
14-102. Traffic infractions and traffic offenses.
14-103. Penalty for scheduled fines.
14-104. Amendment; seat belts.
14-105. Amendment; loud sound amplification systems prohibited.
Article 2. Local Traffic Regulations (Reserved)
Article 3. Special Purpose Vehicles
14-301. Definitions.
14-302. Operation on city streets; special conditions and restrictions on operation.
14-303. Valid driver’s license required; penalty; duties and responsibilities.
14-304. All-terrain vehicle requirements.
14-305. All-terrain vehicle equipment requirements for operators and riders.
14-306. Insurance required; penalties.
14-307. Registration and license fees.
14-308. Penalty.
Article 4. Truck Parking
14-401. Loading and unloading of vehicles.
14-402. Unlawful parking.
14-403. Unhooking semi-trailer.
14-404. Prohibited parking.
14-405. Value of vehicle.
14-406. Noise prevention.
14-407. Penalties.
Article 5. Abandoned Motor Vehicles on Public Property
14-501. Definitions.
14-502. Impounding vehicles.
14-503. Storage.
14-504. Notice of impoundment; storage of vehicle.
14-505. Impoundment after request to leave motor vehicle.
14-506. Release of motor vehicle from impoundment.
14-507. Hearing.
14-508. Charges constitute a lien.
14-509. Satisfaction of lien; notice of public sale.
14-510. Redemption.
14-511. Sale proceeds.
14-512. Statutory procedures.
14-513. Implementation of article.
14-514. Reimbursement for discharged liens.
CHAPTER 15. UTILITIES
Article 1. General Provisions
15-101. Definitions.
15-102. Discontinuance of utility service.
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 charges and reconnection fees.
15-109. Operation.
15-110. Funds.
15-111. Department.
15-112. Rates.
15-113. Bulk rates.
15-114. Connection fee.
15-115. Reserved.
15-116. Reserved.
15-117. Reserved.
15-118. Reconnection.
15-119. Tap fee.
Article 2. Sewer Connections
15-201. Connection.
15-202. Check valves.
15-203. Further requirement.
15-204. Outside city limits.
15-205. Outside of sewer district fee.
15-206. Plumbing code compliance.
15-207. Excavation.
15-208. Excavation permit.
15-209. Time for excavation.
15-210. City repair.
15-211. Erection of barriers.
15-212. Unpaved streets.
Article 3. Sewer Regulations
15-301. Definitions.
15-302. Unlawful acts; sewer connection required.
15-303. Private sewer systems.
15-304. Permit required.
15-305. Prohibited discharge.
15-306. Damage to sewage works.
15-307. Right of entry.
15-308. Penalties.
Article 4. Cross Connections
15-401. Purpose.
15-402. Cross connections prohibited.
15-403. Protective backflow preventers required.
15-404. Inspection.
15-405. Protection from contaminants.
15-406. Incorporation by reference.
Article 5. Solid Waste
15-501. Establishment of a refuse collection system.
15-502. Definitions.
15-503. Duty of owner or occupant.
15-504. Residential containers.
15-505. Commercial containers.
15-506. Distributing containers.
15-507. Improper containers.
15-508. Location of containers.
15-509. Collection of solid waste.
15-510. Enter private premise.
15-511. Frequency of collection.
15-512. Collection equipment.
15-513. Disposition of waste.
15-514. Rocks, dirt.
15-515. Periodic cleanup.
15-516. Permit required.
15-517. Permit application.
15-518. Not transferable.
15-519. Permit fee.
15-520. Insurance required.
15-521. Term of permit.
15-522. Revocation of permit.
15-523. Charges and service fees.
15-524. Request for service.
15-524A. Limited use exception.
15-525. Billing.
15-526. Partial service.
15-527. Failure to pay bill.
15-528. Prohibited practices.
15-529. Adopt regulations.
15-530. Penalty.
Article 6. Recycling
15-601. Recycling Program.
15-602. Recycling fee.
15-603. Unauthorized use of recycling facility and penalties therefor.
Article 7. Water Drought/Emergency
15-701. Purpose.
15-702. Definitions.
15-703. Declaration of conservation.
15-704. Voluntary conservation measures.
15-705. Mandatory conservation measures.
15-706. Emergency water rates.
15-707. Regulations.
15-708. Violations, disconnections, and penalties.
15-709. Emergency termination.
CHAPTER 16. ZONING AND PLANNING
Article 1. City Limits
16-101. City limits of Bird City, Kansas.
Article 2. Zoning Regulations
16-201. Definition.
16-202. Use district or zones.
16-203. Use district exception.
16-204. Non-conforming uses.
16-205. Front yard of residence district.
16-206. Accessory uses in residence district.
16-207. Public and semi-public uses.
16-208. Restoration in event of disaster.
16-209. Building permits.
16-210. Completion and restoration of existing buildings.
16-211. Enforcement; penalties.
16-212. Variances.
APPENDIX A – CHARTER ORDINANCES
Charter Ordinance No. 1A
Charter Ordinance No. 1B
Charter Ordinance No. 14-01
Charter Ordinance No. 5
Charter Ordinance No. 6
APPENDIX B – FRANCHISES
Ordinance No. 348 (Gas)
Ordinance No. 349 (Electric)