CODE OF THE CITY OF ANDALE, KANSAS
GOVERNING BODY AND OFFICIALS
PREFACE
ORDINANCE NO. 21-4
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.
Article 3. Officers and Employees
1-301. Appointment.
1-302. Employees.
1-303. Removal.
1-304. Vacancy in office.
1-305. City clerk.
1-306. Same; fiscal records.
1-307. Same; seal; oaths.
1-308. Same; withholding agent.
1-309. Assistant city clerk.
1-310. City treasurer.
1-311. City attorney.
1-312. City engineer.
1-313. Appointment or employment in more than one position.
1-314. Conflict of interest.
Article 4. Investment of Public Funds
1-401. Purpose and goals.
1-402. Active funds; designation of depositories; eligible depositories.
1-403. Definitions.
1-404. Investment of idle funds.
1-405. Procedures and restrictions.
1-406. Custody and safekeeping.
1-407. Sale or transfer.
1-408. Interest on time deposits.
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. Revenue, Finance & Community Development
1-701. Employee benefits contribution fund.
1-702. Main trafficway designations for bond financing purposes.
1-703. Municipal equipment reserve fund.
CHAPTER 2. ANIMAL CONTROL AND REGULATION
Article 1. General Provisions
2-101. Sedgwick County Animal Code.
Article 2. Dogs
2-201. License.
2-202. Number of dogs permitted.
Article 3. Other Animals
2-301. Exotic animals.
2-302. Penalty.
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 Retailer.
3-202. Application.
3-203. License Application Procedures.
3-204. License Granted; Denied.
3-205. License to Be Posted.
3-206. License; Disqualification.
3-207. License Required of Retailer
3-208. License Fee.
3-209. Suspension of License.
3-210. License Suspension/Revocation by the Governing Body.
3-211. Same; Appeal.
3-212. Change of Location.
3-213. Wholesalers and/or Distributors.
3-214. Business Regulations.
3-215. Prohibited Conduct on Premises.
3-216. 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.
3-307. Penalty.
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.
3-504. Penalty.
Article 6. Caterers
3-601. License required.
3-602. License fee.
3-603. Business regulations.
3-604. Notice to chief of police.
Article 7. Special Event Retailers’ Permits
3-701. Permit requirements.
3-702. Requirements.
3-703. Permit fee.
3-704. Penalty.
CHAPTER 4. BUILDINGS AND CONSTRUCTION
Article 1. Unified Building and Trade Code
4-101. Wichita-Sedgwick County Unified Building and Trade Code incorporated.
4-102. Enforcement.
Article 2. General Provisions
4-201. House numbers required.
4-202. Culverts required.
Article 3. Moving Buildings
4-301. Building official; authority.
4-302. Permit required.
4-303. Same; application for permit.
4-304. Same; bond, insurance required.
4-305. Same; fee.
4-306. Route; duties of building official.
4-307. Notice to owners.
4-308. Duty of owners.
4-309. Interfering with poles; wires.
4-310. Display of lanterns.
Article 4. Dangerous and Unfit Structures
4-401. Purpose.
4-402. Duty of owner.
4-403. Definitions.
4-404. Enforcement officer; duties.
4-405. Procedure.
4-406. Same; contents of notice.
4-407. Hearing.
4-408. Same; failure to comply.
4-409. Same; make site safe.
4-410. Assessment of costs.
4-411. Immediate hazard.
4-112. Report to county appraiser.
4-413. Appeals from order.
4-414. Scope of article.
CHAPTER 5. BUSINESS REGULATIONS
Article 1. Solicitors, Canvassers, Peddlers
5-101. Definitions.
5-102. License required.
5-103. Penalty.
Article 2. Street Vending
5-201. Definitions.
5-202. General provisions.
5-203. Conditions.
5-204. Prohibited locations.
5-205. Same; exemptions.
5-206. Related provisions.
5-207. Vendor certificates required on private property.
5-208. License required.
Article 3. Fair Housing
5-301. Unfair housing practices prohibited.
CHAPTER 6. ELECTIONS
Article 1. Governing Body
6-101. Conduct of election.
6-102. Hours of voting.
6-103. Governing body elections; 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 designated.
7-102. Fire chief; powers.
7-103. Private use of fire equipment.
7-104. Fire equipment; emergency right-of-way and use.
7-105. Same; fire hose.
7-106. Obstruction of fire hydrant.
7-107. False alarm.
Article 2. Fire Prevention
7-201. International fire code incorporated.
7-202. Same; amendments.
7-203. Same; enforcement.
7-204. Open burning.
7-205. Accumulation of rubbish and trash.
7-206. Stacking of hay or straw.
7-207. Keeping of packing materials.
7-208. Storage of ashes.
7-209. Filling gasoline tanks of motor vehicles.
7-210. Fire hazards generally.
7-211. Same; inspections to discover.
7-212. Abatement of fire hazards; issuing order.
7-213. Same; service of order; records.
Article 3. Fireworks
7-301. Fireworks defined.
7-302. Fireworks prohibited.
7-303. Same; exceptions; discharges.
7-304. Same; exception; sale of fireworks.
7-305. Permit for sale of fireworks required; fee; issuance.
7-306. Permit for public fireworks display required.
7-307. Approved fireworks; bottle rockets prohibited.
7-308. Discharge on streets and public property prohibited.
7-309. Throwing prohibited.
7-310. Sale of fireworks; where prohibited.
7-311. Retail display of fireworks.
7-312. Fire extinguishers required.
7-313. Restrictions as to gasoline installations.
7-314. Authority of police chief.
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.
Article 4. Minimum Housing Code
8-401. Title.
8-402. General.
8-403. Declaration of policy.
8-404. Definitions.
8-405. Duty of occupant or owner of occupied or unoccupied building and its premises or vacant premises.
8-406. Regulations for the use and occupancy of dwellings.
8-407. Maintenance and repair; dwellings.
8-408. Designation of unfit dwellings.
8-409. Designation of blighted premises (residential and non-residential).
8-410. Designation of blighted buildings and premises (non-residential).
8-411. Inspection of buildings and structures, and premises.
8-412. Notice of violations; procedures.
8-413. Public officer; authority.
8-414. Governing body; authority.
8-415. Order to correct and/or repair, remove or demolish.
8-416. Demolition by public officer; procedure and costs.
8-417. Conflict of laws; effect or partial invalidity.
8-418. Governing body; appeals.
8-419. Right of petition.
Article 5. Dangerous and Unfit Structures
8-501. Purpose.
8-502. Definitions.
8-503. Enforcing officer; duties.
8-504. Procedure; petition.
8-505. Same; notice.
8-506. Same; publication.
8-507. Same; hearing, order.
8-508. Duty of owner.
8-509. Same; failure to comply.
8-510. Same; make site safe.
8-511. Assessment of costs.
8-512. Immediate hazard.
8-513. Appeals from order.
8-514. Scope of article.
Article 6. Environmental Code
8-601. Title.
8-602. Legislative finding of fact.
8-603. Purpose.
8-604. Rules of construction.
8-605. Definitions.
8-606. Public officer.
8-607. Enforcement standards.
8-608. Unlawful acts.
8-609. Order of violation.
8-610. Penalty.
8-611. Abatement.
8-612. Hearing.
8-613. Appeals.
8-614. Costs assessed.
8-615. Construction.
Article 7. Insurance Proceeds Lien
8-701. Scope and application.
8-702. Lien created.
8-703. Same; encumbrances.
8-704. Same; pro rata basis.
8-705. Procedure.
8-706. Fund created; deposit of moneys.
8-707. Building inspector; investigation, removal of structure.
8-708. Removal of structure; excess moneys.
8-709. Same; disposition of funds.
8-710. Effect upon insurance policies.
8-711. Insurers; liability.
CHAPTER 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. General Provisions
10-101. Police department.
10-102. Law enforcement personnel; general duties.
10-103. Rules and regulations.
10-104. Voluntary fingerprinting services.
Article 2. Property in Police Custody
10-201. Regulations.
10-202. Disposition.
10-203. Same; exempt property.
10-204. Claiming property.
10-205. Proof of ownership.
10-206. Auction.
CHAPTER 11. PUBLIC OFFENSES
Article 1. Uniform Offense Code
11-101. Uniform public offense code incorporated.
Article 2. Local Provisions
11-201. Curfew hours declared; exception.
11-202. Same; responsibility for minors.
11-203. Same; penalty.
11-204. Loud noises; prohibited conduct.
11-205. Same; definitions.
11-206. Same; defenses.
11-207. Same; penalties.
11-208. Possession of banned substances.
11-209. Andale Municipal Swimming Pool.
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.
12-113. Hours for use.
Article 2. Rights-of-Way
12-201. Right-of-Way Maintenance Policy and Procedures incorporated.
12-202. Prohibited acts.
12-203. Penalty.
CHAPTER 13. STREETS AND SIDEWALKS
Article 1. Sidewalks, Driveways, Curbs
13-101. Permit required.
13-102. Plans, specifications.
13-103. Grades for construction; penalty.
13-104. Same; petition.
13-105. Same; condemnation, reconstruction.
13-106. Notice; publication.
13-107. Right of abutting owner.
13-108. Repairs by owner or city.
13-109. Performance, statutory bond.
13-110. Obstructing sidewalks.
13-111. Same; exception.
Article 2. Streets
13-201. Excavation permit.
13-202. Same; bond.
13-203. Same; filed.
13-204. Same; barricades.
13-205. Same; unlawful acts.
13-206. Cutting curbs; pavement.
13-207. Altering drainage.
13-208. Unfinished pavement.
13-209. Using streets.
13-210. Dangerous objects on public grounds.
13-211. Petroleum products in streets.
13-212. Discharging water on streets.
13-213. Burning in streets.
13-214. Throwing in streets.
13-215. Hauling loose material.
Article 3. Trees and Shrubs
13-301. Public tree care.
13-302. Diseased trees; determination.
13-303. Same; notice served.
13-304. Same; failure of owner; duty of city.
13-305. Same; prevent spread of disease.
13-306. Dead and dangerous trees on private property.
13-307. Trees on public property; cost borne by city.
13-308. Costs on tax rolls.
13-309. Injuring trees and shrubs.
13-310. Fire hydrants, plantings adjacent to.
Article 4. Snow and Ice
13-401. Snow and ice to be removed.
13-402. Same; exception; alternate remedy.
13-403. Same; penalty.
13-404. Removal may be made by city.
13-405. Costs on tax rolls.
Article 5. Railroad Crossings
13-501. Crossings.
13-502. Same; penalty.
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.
Article 2. Local Traffic Regulations
14-201. Truck routes.
14-202. Truck parking.
14-203. Parking.
14-204. Speed limits.
14-205. School speed zone.
14-206. Turns.
14-207. Blockage of Street/Track/Thoroughfares/Alleys prohibited.
Article 3. Abandoned Motor Vehicles on Public Property
14-301. Definitions.
14-302. Impounding vehicles.
14-303. Storage.
14-304. Notice of impoundment; storage of vehicle.
14-305. Impoundment after request to leave motor vehicle.
14-306. Release of motor vehicle from impoundment.
14-307. Hearing.
14-308. Charges constitute a lien.
14-309. Satisfaction of lien; notice of public sale.
14-310. Redemption.
14-311. Sale proceeds.
14-312. Statutory procedures.
14-313. Implementation of article.
14-314. Reimbursement for discharged liens.
Article 4. Work-Site Utility Vehicles and Golf Carts
14-401. Operation.
14-402. Valid driver’s license required.
14-403. Definitions.
14-404. Penalty.
14-405. Display of slow-moving vehicle emblem.
14-406. Insurance required; penalty.
14-407. Registration and license; fee; application; inspection; penalty.
14-408. Unauthorized minors.
CHAPTER 15. UTILITIES
Article 1. Water
15-101. Contract with consumers.
15-102. Service and pressure not guaranteed.
15-103. Rates.
15-104. Fire hydrants.
15-105. Meters.
15-106. Monthly billings.
15-107. Application for service.
15-108. Uniform plumbing code.
15-109. Unauthorized use of hydrants.
15-110. Cross connection prohibited.
15-111. Service refusals/contamination.
15-112. Same; testing.
15-113. Penalty.
15-114. New residential property connections.
15-115. Sale of water from fire hydrants.
Article 2. Sewers
15-201. Definitions.
15-202. Private sewage disposal.
15-203. Use of public sewer required.
15-204. Permits.
15-205. Building sewers and connections.
15-206. Use of the public sewers.
15-207. Same; grease, oil and sand interceptors.
15-208. Same; when review required.
15-209. Same; when manhole required.
15-210. Same; method for evaluation
15-211. Same; exceptions.
15-212. Protection from damage.
15-213. Powers and authority of inspectors.
15-214. Penalties.
15-215. Bills; non-payment.
15-216. Sewer service charges.
Article 3. Solid Waste
15-301. Definitions.
15-302. Creation of solid waste utility.
15-303. Findings and determinations.
15-304. Administration.
15-305. Solid waste fee established.
15-306. Solid waste fee collection.
15-307. Solid waste fees.
15-308. Solid waste utility enterprise fund.
15-309. Delinquent fees.
15-310. Prohibited practices.
Article 4. Storm Water
15-401. Purpose.
15-402. Storm water utility; establishment; purpose.
15-403. Fees; collection; review; exemption.
15-404. Creation of storm water utility fund; purpose.
15-405. Storm water utility fund; balance.
Article 5. Water Conservation
15-501. Purpose.
15-502. Definitions.
15-503. Declaration of water watch.
15-504. Declaration of water warning.
15-505. Declaration of water emergency.
15-506. Voluntary conservation measures.
15-507. Mandatory conservation measures.
15-508. Emergency water rates.
15-509. Regulations.
15-510. Violations, disconnections and penalties.
15-511. Emergency termination.
CHAPTER 16. ZONING AND PLANNING
Article 1. City Planning Commission/Board of Zoning Appeals
16-101. Commission establishment.
16-102. Membership, terms, interest and compensation.
16-103. Meetings, officers and records.
16-104. Jurisdiction.
16-105. Authority, Function and Responsibility.
16-106. Budget.
16-107. Board of zoning appeals.
16-108. Fees for administration and enforcement.
Article 2. Zoning Regulations
16-201. Zoning regulations incorporated.
16-202. Zoning map incorporated.
Article 3. Subdivision Regulations
16-301. Subdivision regulations incorporated.
APPENDIX A – CHARTER ORDINANCES
Charter Ordinance No. 1
Charter Ordinance No. 76-3
Charter Ordinance No. 5
Charter Ordinance No. 6
Charter Ordinance No. 7
Charter Ordinance No. 8
Charter Ordinance No. 9
Charter Ordinance No. 10
Charter Ordinance No. 11
Charter Ordinance No. 12
Charter Ordinance No. 1-02
Charter Ordinance No. 103
Charter Ordinance No. 104
Charter Ordinance No. 105
Charter Ordinance No. 18-2
Charter Ordinance No. 19-2
Charter Ordinance No. 20-6
Charter Ordinance No. 211
Charter Ordinance No. 221
Charter Ordinance No. 241
APPENDIX B – FRANCHISES
Ordinance 16-1
Ordinance 21-7
Ordinance 22-2
APPENDIX C – RESOLUTIONS
Resolution No. 1-24