CODE OF THE CITY OF WAKEFIELD, KANSAS
GOVERNING BODY AND OFFICIALS
PREFACE
ORDINANCE NO. 1301
CERTIFICATE OF THE CITY CLERK
COMPARATIVE TABLE OF ORDINANCES
TABLE OF CONTENTS
CHAPTER I. ADMINISTRATION
ARTICLE 1. CITY ELECTIONS
1-101. Mayor and councilperson positions; elections.
1-102. Vacancy, failure to qualify.
1-103. Primary elections.
1-104. Candidacy.
ARTICLE 2. GOVERNING BODY
1-201. Governing body defined.
1-202. Powers generally.
1-203. Ordinance powers.
1-204. Regular meetings.
1-205. Special meetings, calling; minutes.
1-206. Adjourned meeting; time and place.
1-207. Quorum; attendance of members.
1-208. Presiding officer; mayor.
1-209. President of the council election, duties.
1-210. Ordinances; consideration; passage.
1-211. Ordinances; approval, veto, passage over veto.
1-212. Ordinances; statement after last section.
1-213. Ordinances; subject, titles, amendment s, ordaining clause.
ARTICLE 3. APPOINTIVE OFFICERS AND EMPLOYEES
1-301. Officers; appointive; removal.
1-302. City clerk; duties.
1-303. Ordinances; duties of city clerk.
1-304. City treasurer; duties of office.
1-305. Chief of police; duties of officers.
1-306. Street commissioner; duties.
1-307. Superintendent of utilities.
1-308. Appointive officers; general duties.
1-309. Vacancies in office.
1-310. Salaries prorated, combined offices.
ARTICLE 4. OATHS AND BONDS
1-401. Officers; oaths required.
1-402. Oaths filed.
1-403. Bonds required.
1-404. Condition of bonds; payment of premiums.
1-405. Approval and filing of bonds.
ARTICLE 5. SALARIES
1-501. Compensation
1-502. Employee benefits contribution fund.
ARTICLE 6. INVESTMENT OF TEMPORARY IDLE FUNDS
1-601. Authority to invest.
1-602. Procedure and restrictions.
1-603. Earnings and records.
ARTICLE 7. CIVIL DEFENSE DIRECTOR
1-701. Director; duties.
1-702. Director; compensation.
ARTICLE 8. GENERAL PROVISIONS
1-801. Code designated.
1-802. Definitions.
1-803. Existing ordinances.
1-804. Effect of repeal.
1-805. Catchlines of sections.
1-806. Parenthetical and reference matter.
1-807. Amendments; repeal.
1-808. Powers generally.
1-809. Altering code.
1-810. Scope of application.
1-811. General penalty.
1-812. Severability.
ARTICLE 9. OPEN PUBLIC RECORDS
1-901. Access to public records.
1-902. Appointment of custodians.
1-903. Fees for inspection and copies.
1-904. Additional procedures.
1-905. Appointment of local freedom of information officer.
ARTICLE 10. REVENUE, FINANCE AND COMMUNITY DEVELOPMENT
1-1001. City sales tax; 1%.
1-1002. Neighborhood revitalization plan.
1-1003. Municipal equipment reserve fund.
CHAPTER II. ANIMAL CONTROL AND REGULATION
ARTICLE 1. GENERAL PROVISIONS
2-101. Animal control officer; appointment, duties and authority.
2-102. Definitions.
2-103. License required.
2-104. License Registration.
2-105. Registration fee receipt; dog or cat tags.
2-106. Dog and cat record.
2-107. Immunization of Dogs, Cats and Ferrets.
2-108. Vaccination required.
2-109. Breaking Pound.
2-110. Falconry; License Required.
2-111. Falconry; Additional Restrictions.
2-112. General Penalty.
ARTICLE 2. KEEPING OF ANIMALS
2-201. Keeping of Animals.
2-202. Same; exceptions.
2-202a. Same; chickens.
2-203. Dangerous and vicious animals.
2-204. Noise Disturbance.
2-205. Damage to Private Property.
2-206. Animal Bites; Quarantine.
2-207. Cruelty to Animals
2-208. Procedures for Cruelty to Animals; Fines.
2-209. Picketing of Dogs.
2-210. Animal nuisances.
2-211. Animal Owner Responsibility for Removal of Animal Excrement.
2-212. Animals Prohibited to Run at Large; Fines.
2-213. Impounding, Redemption and Disposition.
2-214. Filing Complaint; Enforcement.
2-215. Kennel License.
ARTICLE 3. OTHER ANIMALS
2-301. Exotic animals.
CHAPTER III. BEVERAGES
ARTICLE 1. CEREAL MALT BEVERAGES
3-101. Definitions.
3-102. License required of retailers.
3-103. Application for license.
3-104. Examination; disqualification; approval.
3-105. License fee.
3-106. Licenses.
3-107. Alcoholic liquor prohibited.
3-108. Public consumption prohibited.
3-109. Revocation of license.
3-110. Suspension of license.
3-111. Suspension of license; notice and hearing.
3-112. Suspension violation; penalty.
3-113. No repeal of revocation procedure.
3-114. Hours of closing; rules and regulations.
3-115. Unlawful possession or consumption.
3-116. Unlawful possession or consumption; penalty.
3-117. Furnishing cereal malt beverage to persons under age.
3-118. Penalty.
ARTICLE 2. ALCOHOLIC LIQUOR
3-201. State license required.
3-202. Occupational tax.
3-203. Posting of receipt.
3-204. Hours of sale.
3-205. Business regulations.
3-206. Restrictions on location.
ARTICLE 3. PRIVATE CLUBS
3-301. License required.
3-302. License fee.
3-303. Business regulations.
3-304. Penalties.
ARTICLE 4. SPECIAL EVENT CMB PERMITS
3-401. Permit required.
3-402. Permit fee.
3-403. City special event permit.
3-404. Permit regulations.
ARTICLE 5. COMMON CONSUMPTION AREA
3-501. Common consumption area.
3-502. Notice; application and permit.
3-503. Purchase within common consumption area.
3-504. Licensees.
CHAPTER IV. BUILDINGS AND CONSTRUCTION
ARTICLE 1. BUILDING CODE
4-101. International building code incorporated.
4-102. Same; revisions.
4-103. Building permits and tax obligations.
ARTICLE 2. PLUMBING CODE
4-201. International plumbing code incorporated by reference.
4-202. Same; revisions.
ARTICLE 3. PLUMBERS
4-301. Plumber’s license required.
4-302. Plumber’s bond.
4-303. Penalty.
ARTICLE 4. ELECTRICAL CODE
4-401. National electrical code incorporated.
4-402. Same; revisions.
ARTICLE 5. ELECTRICIANS
4-501. Electricians; license and bond required.
4-502. Penalty.
ARTICLE 6. GAS FITTING AND PIPING CODE
4-601. Standard gas fitting and piping code incorporated by reference.
4-602. Additions to standard code.
4-603. Penalty.
ARTICLE 7. GAS FITTERS
4-701. License and bond.
4-702. Penalty.
ARTICLE 8. DANGEROUS STRUCTURES
4-801. Enforcing officer.
ARTICLE 9. RESIDENTIAL CODE
4-901. International residential code incorporated by reference.
4-902. Same; revisions.
ARTICLE 10. MECHANICAL CODE
4-1001. International mechanical code incorporated.
4-1002. Same; revisions.
CHAPTER V. BUSINESS REGULATIONS
ARTICLE 1. OCCUPATION TAXES
5-101. Occupation tax to be paid and license secured.
5-102. Occupation tax levied.
5-103. Peddlers.
5-104. Street salesmen.
5-105. Transient merchant.
5-106. Wagons and temporary stands.
5-107. Specific provisions to control.
5-108. Interstate commerce, equal protection of the law.
5-109. Producers and growers exempt.
5-110. When payable.
5-111. City treasurer to issue receipt.
5-112. City clerk to issue licenses.
5-113. Duration of licenses.
5-114. Amount issued for.
5-115. Date and contents of licenses.
5-116. Licenses not transferable.
5-117. Licenses to be carried and presented for inspection.
5-118. Penalty for violation.
5-119. Penalty on firms.
5-120. Saving clause.
ARTICLE 2. SOLICITORS, CANVASSERS, PEDDLERS
5-201. Definitions.
5-202. License required.
5-203. Same; application required.
5-204. Issuance; county residents.
5-205. Same; investigation and issuance; non-county resident.
5-206. Same; investigation fee.
5-207. License fee; time limits; exemptions.
5-208. Renewal.
5-209. Denial, revocation or suspension of license; notice.
5-210. Appeal to governing body.
5-211. Regulations.
5-212. Use of streets and sidewalks.
5-213. Disturbing the peace.
ARTICLE 3. SCRAP METAL DEALERS
5-301. Scrap metal dealers; registration required.
5-302. Same; definitions.
5-303. Same; registration; application; fees; penalty.
5-304. Same; issuance of registration; renewal; renewal fees.
5-305. Same; penalty.
5-306. Same; exception.
5-307. Same; issuance; disqualification.
5-308. Same; suspension or revocation of registration.
ARTICLE 4. SHORT-TERM RENTAL OPERATIONS
5-401. Definition.
5-402. Rules and regulations.
5-403. Penalty.
CHAPTER VI. FIRE
ARTICLE 1. FIRE DEPARTMENT
6-101. Fire department.
6-102. Meetings; pay.
6-103. Chief to supervise.
6-104. Power of chief.
6-105. Command at fires.
6-106. Records of department.
6-107. Assistant chief’s power.
6-108. Duties of firemen.
6-109. Not to hinder department.
6-110. Not to use tools.
6-111. Penalty.
ARTICLE 2. FIRE INSPECTIONS
6-201. Fire chief or members to inspect.
6-202. Order of removal.
6-203. Service of order.
6-204. Penalty.
ARTICLE 3. FIREMEN’S RELIEF ASSOCIATION
6-301. Firemen’s relief association.
6-302. Treasurer; bond.
6-303. Funds; limitation of use.
6-304. Investment of funds.
ARTICLE 4. FIRE PREVENTION
6-401. Burning prohibited except by permit.
6-402. Outdoor fireplaces and recreational fires.
6-403. Penalty.
ARTICLE 5. FIREWORKS
6-501. Definitions.
6-502. Discharge of fireworks prohibited; where permitted; when.
6-503. Sales of fireworks.
ARTICLE 6. FLAMMABLE LIQUIDS; L-P GASES
6-601. Definitions.
6-602. Class I or class II; storage in buildings.
6-603. Class III; storage in buildings.
6-604. Bulk oil stations and service stations; rules and regulations.
6-605 LP gases; rules and regulations.
6-606. Penalty.
CHAPTER VII. HEALTH AND WELFARE
ARTICLE 1. WEEDS AND VEGETATION
7-101. Weeds to be removed.
7-102. Definitions.
7-103. Public officer; notice to remove.
7-104. Abatement; assessment of costs.
7-105. Right of entry.
7-106. Unlawful interference.
7-107. Noxious weeds.
7-108. Permanent weed removal policy.
ARTICLE 2. HEALTH NUISANCES
7-201. Definitions.
7-202. Acts prohibited.
7-203. Complaints, inquiry and inspection.
7-204. Right of entry.
7-205. Notice.
7-206. Contents of notice.
7-207. Penalties.
7-208. Abatement.
7-209. Hearing.
7-210. Purpose and saving clause.
ARTICLE 3. DANGEROUS AND UNFIT STRUCUTURES
7-301. Definitions.
7-302. Repairs or removal of unsafe or structures.
7-303. Filing statement; notice and hearing; requirements.
7-304. Findings; resolution; contents and notice.
7-305. Owner shall fill excavations.
7-306. Removal of unsafe structures when certification salvage sale; removal costs on tax rolls; no fund warrants; tax levies.
7-307. Removal of unsafe structures; immediate hazard; action to protect public; notice not required; cost.
ARTICLE 4. INSURANCE PROCEEDS FUND
7-401. Scope and application.
7-402. Lien created.
7-403. Same; encumbrances.
7-404. Same; pro rata basis.
7-405. Procedure.
7-406. Fund created; deposit of moneys.
7-407. Building inspector; investigation, removal of structure.
7-408. Removal of structure; excess moneys.
7-409. Same; disposition of funds.
7-410. Effect upon insurance policies.
7-411. Insurers; liability.
ARTICLE 5. MINIMUM HOUSING CODE
7-501. Title.
7-502. General.
7-503. Declaration of policy.
7-504. Definitions.
7-505. Duty of occupant or owner of occupied or unoccupied building and its premises or vacant premises.
7-506. Regulations for the use and occupancy of dwellings.
7-507. Maintenance and repair; dwellings.
7-508. Designation of unfit dwellings.
7-509. Designation of blighted premises (residential and non-residential).
7-510. Designation of blighted buildings and premises (non-residential).
7-511. Inspection of buildings and structures, and premises.
7-512. Notice of violations; procedures.
7-513. Public officer; authority.
7-514. Governing body; authority.
7-515. Order to correct and/or repair, remove or demolish.
7-516. Demolition by public officer; procedure and costs.
7-517. Conflict of laws; effect or partial invalidity.
7-518. Governing body; appeals.
7-519. Right of petition.
ARTICLE 6. ENVIRONMENTAL CODE
7-601. Title.
7-602. Legislative finding of fact.
7-603. Purpose.
7-604. Rules of construction.
7-605. Definitions.
7-606. Public officer.
7-607. Enforcement standards.
7-608. Unlawful acts.
7-609. Order of violation.
7-610. Penalty.
7-611. Abatement.
7-612. Hearing.
7-613. Appeals.
7-614. Costs assessed.
7-615. Construction.
CHAPTER VIII. MUNICIPAL COURT
ARTICLE 1. MUNICIPAL COURT
8-101. Jurisdiction.
8-102. Municipal judge.
8-103. All procedures as provided by state law.
8-104. Report of municipal judge.
8-105. Court costs.
8-106. Public offenses by minors; exception.
CHAPTER IX. PUBLIC OFFENSES
ARTICLE 1. UNIFORM PUBLIC OFFENSE CODE
9-101. Uniform Public Offense Code incorporated.
9-102. No prosecution of minors.
ARTICLE 2. MISCELLANEOUS OFFENSES
9-201. Bicycles, etc. on sidewalks.
9-202. Loud sound amplification systems in motor vehicles.
9-203. Curfew.
9-204. Noise nuisance prohibited.
9-205. Possession or control of marijuana and drug paraphernalia prohibited.
9-206. Public defecation.
9-207. All city buildings, vehicles and city pool to be free from tobacco usage and usage of electronic nicotine delivery systems.
CHAPTER X. STREET AND SIDEWALKS
ARTICLE 1. SIDEWALKS
10-101. Sidewalk grade permits.
10-102. Sidewalk petition.
10-103. Condemnation and reconstruction of sidewalks.
10-104. Notice; publication; construction by contract.
10-105. Request to city by abutting owner, when.
10-106. Repairs by owner or city.
10-107. Performance bond; statutory lien bond.
10-108. Penalty.
ARTICLE 2. CURB LINE
10-201. Curb lines.
10-202. Altering existing curbs or gutters.
10-203. Penalty
ARTICLE 3. GENERAL REGULATIONS
10-301. Barriers and guards.
10-302. Sidewalk signs.
10-303. Sidewalk obstruction of surface.
10-304. Animals on sidewalks and streets.
10-305. Hauling over streets; unlawful acts.
10-306. Littering streets unlawful.
10-307. Bicycles on sidewalks.
10-308. Ball playing on streets.
10-309. Burning in streets.
10-310. Molesting sidewalks, curbs, etc.
10-311. Sidewalks, covered with earth.
10-312. Obstructing sidewalks, streets or alleys.
10-313. Unlawful drains.
10-314. Penalty.
ARTICLE 4. SNOW AND ICE
10-401. Snow and ice to be removed.
10-402. Penalty.
10-403. Removal by city.
ARTICLE 5. MOVING BUILDINGS
10-501. Permit necessary.
10-502. Application for permits.
10-503. City to notify wire owners.
10-504. Duty of owner of poles or wires.
10-505. Unlawful to molest wires.
10-506. Duties of street commissioner.
10-507. Duty of mover.
10-508. Protection of streets.
10-509. Mover to furnish bond.
10-510. Fees for permits.
10-511. Penalty.
ARTICLE 6. TREES, HEDGES AND SHRUBS
10-601. Branches not to obstruct sidewalk.
10-602. Notice to trim; how served.
10-603. City may trim; expense of owner.
10-604. Cutting or trimming trees by persons maintaining poles and wires.
10-605. Trees; certain prohibited; location in parking.
10-606. Injuring or destroying.
10-607. Hedge fences.
10-608. Penalty.
CHAPTER XI. TRAFFIC
ARTICLE 1. STANDARD TRAFFIC ORDINANCE
11-101. Standard traffic ordinance incorporated.
11-102. Traffic infractions and traffic offenses.
11-103. Penalty for scheduled fines.
ARTICLE 2. LOCAL TRAFFIC REGULATIONS
11-201. Grove Street speed restriction.
11-202. Careless driving.
11-203. No parking on street for storage.
11-204. No parking on state highway K-82.
11-205. No parking of disabled vehicles.
11-206. No right-of-way parking.
11-207. Hazardous parking.
11-208. Penalty.
11-209. Angle parking.
11-210. Limited parking in front of city hall.
11-211. Persons on trailers; penalty.
11-212. All-terrain vehicles.
11-213. Wireless communication devices.
ARTICLE 3. WORK SITE UTILITY VEHICLES, GOLF CARTS, ATV’S
11-301. Operation of work-site utility vehicle/golf cart.
11-302. Same; valid driver’s license required; penalty.
11-303. Operation of micro-utility trucks; penalty.
11-304. Same; valid driver’s license required; penalty.
11-305. Operation of low speed vehicles; penalty.
11-306. Same; valid driver’s license required; penalty.
ARTICLE 4. ABANDONED MOTOR VEHICLES ON PUBLIC PROPERTY
11-401. Definitions.
11-402. Impounding vehicles.
11-403. Same.
11-404. Notice of impoundment; storage of vehicle.
11-405. Impoundment after request to leave motor vehicle.
11-406. Release of motor vehicle from impoundment.
11-407. Hearing.
11-408. Charges constitute a lien.
11-409. Satisfaction of lien; notice of public sale.
11-410. Redemption.
11-411. Sale proceeds.
11-412. Statutory procedures.
11-413. Implementation of article.
11-414. Reimbursement for discharged liens.
CHAPTER XII. UTILITIES
ARTICLE 1. WATERWORKS SYSTEMS REGULATIONS
12-101. Combined waterworks and sewage disposal system.
12-102. Application for service.
12-103. Permits issued by city clerk; connection fee.
12-104. Superintendent to have supervision.
12-105. All water to be metered.
12-106. Separate connections.
12-107. Trenching and backfilling.
12-108. Check valves required.
12-109. Meters.
12-110. Reading meters.
12-111. Maintenance responsibility.
12-112. Water main construction.
12-113. Use of water during fire.
12-114. Taking water without authority.
12-115. Tampering with cut-off valves.
12-116. Damage to distribution system.
12-117. Rates for water.
12-118. Penalties.
ARTICLE 2. CONTAMINATION PREVENTION
12-201. Cross connections prohibited.
12-202. Protective backflow devices required.
12-203. Inspection.
12-204. Protection from contaminates.
12-205. Regulation policy.
ARTICLE 3. WATER BILLINGS, DEPOSITS, DISCONTINUANCE OF SERVICE
12-301. Clerk to maintain records.
12-302. Accounts in name of owners.
12-303. Bill preparation and collection.
12-304. Discontinuance of utility services.
12-305. Billing dates delinquency date.
12-306. Non-payment of water bills.
12-307. Security deposit.
12-308. Lien upon customer’s property and landlord liability.
12-309. Late payment charges; connection and reconnection fees.
ARTICLE 4. WATER EMERGENCY
12-401. Purpose.
12-402. Definitions.
12-403. Declaration of various stages of water conservation.
12-404. Voluntary conservation measures.
12-405. Mandatory conservation measures.
12-406. Emergency water rates.
12-407. Regulations.
12-408. Violations, disconnections and penalties.
12-409. Emergency termination.
ARTICLE 5. SEWER CONNECTIONS
12-501. Sewer connections may be required.
12-502. City may connect; contract.
12-503. Connection permits required; fees.
12-504. Materials used in plumbing.
12-505. Licensed plumbers.
12-506. Excavations guarded.
12-507. Backfilling trenches.
12-508. Penalties.
ARTICLE 6. SEWER REGULATIONS
12-601. Definitions.
12-602. Sewer connection required.
12-603. Permit; connection fee.
12-604. Application.
12-605. Costs.
12-606. Sewer connection.
12-607. Sewer for each building.
12-608. Sewer excavations; damages.
12-609. Failure to connect.
12-610. Privy unlawful.
12-611. Private sewer system.
12-612. Disposal of sewage.
12-613. Damage to sewers.
12-614. Natural outlet.
12-615. Standards.
12-616. Old building sewers.
12-617. Mud, grease traps.
12-618. Roof, foundation drains.
12-619. Same; exception.
12-620. Prohibited discharges.
12-621. Bills.
12-622. Delinquent accounts; lien against property.
12-623. Sewer use rates.
ARTICLE 7. SOLID WASTE COLLECTION
12-701. Definitions.
12-702. Duty of owner or occupant.
12-703. Residential containers.
12-704. Commercial containers
12-705. Miscellaneous waste.
12-706. Control of containers.
12-707. Improper containers.
12-708. Location of containers.
12-709. Collection of solid waste.
12-710. Entering upon private property.
12-711. Frequency of collection.
12-712. Collection equipment.
12-713. Disposal of waste.
12-714. Yard waste, rocks, building materials.
12-715. Duty of occupant or owner of occupied or unoccupied building and its premises or vacant premises.
12-716. Collection permit required.
12-717. Service charges.
12-718. Request for service.
12-719. Billing.
12-720. Partial services.
12-721. Prohibited practices.
12-722. Additional regulations.
CHAPTER XIII. ZONING
ARTICLE 1. CITY PLANNING COMMISSION/BOARD OF ZONING APPEALS
13-101. Planning and zoning commission; membership; appointment; terms; vacancies.
13-102. Meetings; chairman; record.
13-103. Authority of the commission.
13-104. Role of city superintendent.
13-105. Duties.
13-105. Board of zoning appeals.
ARTICLE 2. ZONING REGULATIONS
13-201. Zoning regulations adopted.
13-202. Zoning boundary map.
13-203. Application of regulations.
13-204. Availability of regulations.
13-205. Fees required; zoning administration.
13-206. Building permit fee.
13-208. Penalties.
13-209. Area outside of city subject to zoning jurisdiction.
ARTICLE 3. STRUCTURES, FENCES, DRIVEWAYS ON EASEMENTS AND RIGHTS OF WAY
13-301. Construction permits required; fences on street right-of-way prohibited.
13-302. Permit requirements.
13-303. Removal for noncompliance.
13-304. Fence construction.
ARTICLE 4. SUBDIVISION REGULATIONS
13-401. Regulations adopted.
13-402. Penalties.
13-403. Validity.
ARTICLE 5. FLOOD MANAGEMENT
13-501. Statutory authorization, findings of fact, and purposes.
13-502. General provisions.
13-503. Administration.
13-504. Provisions for flood hazard reduction.
13-505. Floodplain management variance procedures.
13-506. Penalties for violation.
13-507. Amendments.
13-508. Definitions.
APPENDIX A - CHARTER ORDINANCES
CHARTER ORDINANCE NO. 1 (REPEALED)
CHARTER ORDINANCE NO. 2
CHARTER ORDINANCE NO. 3
CHARTER ORDINANCE NO. 5
CHARTER ORDINANCE NO. 6
CHARTER ORDINANCE NO. 7
CHARTER ORDINANCE NO. 8 (VOID)
CHARTER ORDINANCE NO. 9
CHARTER ORDINANCE NO. 10
CHARTER ORDINANCE NO. 11
CHARTER ORDINANCE NO. 12
APPENDIX B - FRANCHISES
ORD. NO. 1165 (CABLE)
ORD. NO. 1194 (ELECTRIC)
ORD. NO. 1220 (CABLE)
ORD. NO. 1221 (TELECOM)
ORD. NO. 1223 (CABLE)
ORD. NO. 1290 (NATURAL GAS)