CODE OF THE CITY OF POTWIN, KANSAS
GOVERNING BODY AND OFFICIALS
PREFACE
ORDINANCE NO. 724
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. Administrative powers.
1-208. Vacancies on the governing body; how filled.
1-209. Compensation.
1-210. Expenses.
1-211. Code of procedure for Kansas cities incorporated.
1-212. Code of ethics.
1-213. Members not to interfere.
Article 3. Officers and Employees
1-301. Appointments and employments.
1-302. City clerk.
1-303. Same; fiscal records.
1-304. Same; seal; oaths.
1-305. Same; withholding agent.
1-306. City treasurer.
1-307. City attorney.
1-308. Appointment or employment in more than one position.
1-309. 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. City sales tax; 1.00% for public streets and other general purposes.
CHAPTER 2. ANIMAL CONTROL AND REGULATION
Article 1. General Provisions
2-101. Definitions.
2-102. Inspection of premises.
2-103. Animal enclosure regulations.
2-104. Cruelty to animals.
2-105. Indecent exhibitions.
2-106. Animals which have bitten person or other animals.
2-107. Quarantine of animals bitten by known or suspected rabid animals.
2-108. Animal Waste.
2-109. Penalty.
Article 2. Licensing and Permits
2-201. License.
2-202. Vaccination required.
2-203. Licensing period and procurement.
2-204. Tags.
2-205. Licensing fees
2-206. Use regulated.
2-207. Kennels prohibited.
2-208. Penalty.
Article 3. Animal Control and Enforcement
2-301. Animals at large prohibited.
2-302. Impounding animals at large.
2-303. Impounding animals without licenses.
2-304. Identification of owners, notice to appear.
2-305. Impoundment procedure and disposition.
2-306. Redeeming impounded animals.
2-307. Adoption of unclaimed animals.
2-308. Breaking pound.
2-309. Nuisances.
2-310. Animal dealers.
2-311. Designation of Agent.
2-312. Penalty.
Article 4. Keeping Certain Animals Prohibited
2-401. Keeping of wild animals.
2-402. Dangerous animals.
2-403. Vicious animals
2-404. Pit bull prohibitions.
2-405. Keeping livestock
2-406. Keeping of dangerous animals.
2-407. 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 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 fee.
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.
3-216. Minors on premises.
3-217. Consumption or possession of cereal malt beverage by minors prohibited.
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 CMB Retailer’s Temporary Permit
3-801. Permit required.
3-802. Permit fee.
3-803. Notice to sheriff.
3-804. Permit regulations.
CHAPTER 4. BUILDINGS AND CONSTRUCTION
Article 1. Fire Limits
4-101. Fire limits established.
4-102. Same; materials to be used; standards.
4-103. Same; size.
4-104. Same; moving frame buildings is prohibited.
4-105. Same; fire damaged buildings.
4-106. Same; incombustible materials.
Article 2. Moving Buildings
4-201. Building official; authority.
4-202. Permit required.
4-203. Same; application for permit.
4-204. Same; bond, insurance required.
4-205. Same; fee.
4-206. Route; duties of building official.
4-207. Notice to owners.
4-208. Duty of owners.
4-209. Interfering with poles; wires.
4-210. Display of lanterns.
Article 3. Mobile Homes
4-301. Definitions.
4-302. Placement and maintenance.
4-303. Enforcement.
4-304. Unlawful Acts.
4-305. Penalty.
4-306. Restrictions.
4-307. Severability.
Article 4. Addressing System
4-401. Addressing system.
4-402. Method of numbering.
4-403. Duty to place numbers.
4-404. Street names.
4-405. Exceptions.
4-406. Implementation.
4-407. Administration and enforcement.
4-408. Violations.
4-409. Penalties.
CHAPTER 5. BUSINESS REGULATIONS
Article 1. General Regulations and Licenses
5-101. License required.
5-102. Application for license.
5-103. Not assignable or transferable.
5-104. License period; duration.
5-105. Exemption of farmers.
5-106. License fees.
5-107. Same; when payable; time period.
5-108. Payment of fees; receipt.
5-109. Contents of license.
5-110. Record book.
5-111. Display of license.
Article 2. Green River Ordinance
5-201. Going on private premises; nuisances.
Article 3. Amusement Devices
5-301. Definition.
5-302. License required.
5-303. Same; application.
5-304. Same; fee.
5-305. Same; revocation; notice and hearing.
5-306. Display of license.
5-307. Transfer of license.
5-308. Term of license.
Article 4. Fair Housing
5-401. Policy.
5-402. Definitions.
5-403. Unlawful practice.
5-404. Discrimination in the sale or rental of housing.
5-405. Discrimination in the financing of housing.
5-406. Discrimination in the provision of brokerage services.
5-407. Exemption.
5-408. Administration.
5-409. Education and conciliation.
5-410. Enforcement.
5-411. Investigations, subpoenas, giving of evidence
5-412. Enforcement by private persons
5-413. Interference, coercion or intimidation
5-414. Separability of Provisions
5-415. Prevention of intimidation in fair housing cases
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. City fire department established.
7-102. Membership; fire drill.
7-103. Supervision of department.
7-104. Fire chief; powers.
7-105. Same; records.
7-106. Assistant chief.
7-107. Private use of fire equipment.
7-108. Fire equipment; emergency right-of-way and use.
7-109. Same; fire hose.
7-110. Obstruction of fire hydrant.
7-111. False alarm.
Article 2. Fire Prevention
7-201. Fire prevention code incorporated.
7-202. Same; enforcement.
7-203. Same; amendments.
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.
7-302. Sale of fireworks.
7-303. Discharge of fireworks.
7-304. Public displays.
7-305. Discharge of fireworks; prohibited; exception.
7-306. Penalty.
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 and penalty.
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.
Article 8. Rodent Control
8-801. Definitions.
8-802. Building maintenance.
8-803. Notice to rat-stop; when city to do work.
8-804. Failure to comply.
8-805. Replace rat-stoppage.
8-806. Notice to eradicate rats.
8-807. Conditions conducive to harborage of rats.
8-808. Inspections.
Article 9. Board of Health
8-901. Board of health created.
8-902. City health officer; duties.
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.
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. Drugs.
11-202. Littering.
11-203. Curfew.
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 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.
CHAPTER 14. TRAFFIC
Article 1. Standard Traffic Ordinance
14-101. Standard traffic ordinance incorporated.
14-102. Same; traffic infractions and traffic offenses.
14-103. Penalty for scheduled fines.
14-104. Additional provisions.
Article 2. Local Traffic Regulations
14-201. Traffic control devices and markings.
14-202. Speed of trains.
14-203. Trains not to obstruct streets.
14-204. Truck Parking.
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. Hazardous Materials
14-401. Hazardous material defined.
14-402. Same; exceptions.
14-403. Transportation of hazardous materials.
14-404. Hazardous materials routes.
14-405. Parking of vehicles or trailers carrying hazardous materials.
14-406. Removal of illegally parked trailers.
Article 5. Special Purpose Vehicles
14-501. Definitions.
14-502. Operation of special purpose vehicles on city streets; special conditions and restrictions on operation
14-503. Same; valid driver’s license required; penalty; duties and responsibilities.
14-504. All-terrain vehicles; additional requirements.
14-505. Penalty.
CHAPTER 15. UTILITIES
Article 1. General Provisions
15-101. Definition.
15-102. Delinquent accounts.
15-103. Notice; hearing.
15-104. Same; finding.
15-105. Delinquent accounts; refusal of service; termination of service; lien against property.
15-106. Landlord liability.
Article 2. Water
15-201. Ownership and responsibility.
15-202. Regulations.
15-203. Service not guaranteed.
15-204. Service connections required.
15-205. Application for service.
15-206. City to make connections.
15-207. Connection fees and charges.
15-208. Curb cock.
15-209. Check valves.
15-210. Unauthorized service.
15-211. Meters.
15-212. Same; testing.
15-213. Tampering with meter.
15-214. Leaks prohibited; penalty.
15-215. Shut-off/turn-on fee charges.
15-216. Water connection fee.
15-217. Interrupt service.
15-218. Prohibited acts.
15-219. Wasting water.
15-220. Water rationing.
15-221. Same; Procedure.
15-222. Same; priority use.
15-223. Right to access
15-224. Water meter accessibility.
15-225. Rates.
15-226. Payment of bills.
15-227. Delinquent accounts; notice; hearing; finding; liability.
15-228. Shut-off notice.
15-229. Use during fire.
15-230. Repairs.
15-231. Injury to property.
15-232. Every premises to have separate connection
15-233. Penalty.
Article 3. Cross Connections
15-301. General Information
15-302. Definitions.
15-303. Requirements.
15-304. Installation.
15-305. Maintenance & Repair.
15-306. Penalties and fines.
Article 4. Sewers
15-401. Definitions.
15-402. Disposal of sewage.
15-403. Natural outlet.
15-404. Privy unlawful.
15-405. Sewer connection required.
15-406. Private sewer system.
15-407. Same; permit.
15-408. Same; inspector.
15-409. Same; connection to city system; when.
15-410. Permit; connection fee.
15-411. Classes of permits.
15-412. Costs.
15-413. Sewer for each building.
15-414. Same; old building sewers.
15-415. Same; specifications.
15-416. Same specifications.
15-417. Same; specifications.
15-418. Same; specifications.
15-419. Same; specifications.
15-420. Sewer connections.
15-421. Same; notification for inspection.
15-422. Same; excavations.
15-423. Roof, foundation drains.
15-424. Stormwater; etc. discharge.
15-425. Prohibited discharges.
15-426. Same; determination by superintendent.
15-427. Same; superintendent options.
15-428. Grease, oil and sand interceptors.
15-429. Treatment and flow facilities.
15-430. Control manhole.
15-431. Measurements and tests.
15-432. Special agreements.
15-433. Damage to sewers.
15-434. Entrance for inspections allowed.
15-435. Violations; penalties.
15-436. Private sewer systems; type, capacities, locations, etc.
15-437. Same; operate, additional requirements, connection to city system.
15-438. Rates.
Article 5. Solid Waste
15-501. Definitions.
15-502. Collection of refuse and garbage.
15-503. Contracts for collection and disposal.
15-504. Storage of refuse, garbage and other solid wastes.
15-505. Wrapping of garbage.
15-506. Accumulation of refuse and garbage.
15-507. Burying of refuse and garbage.
15-508. Unauthorized handling.
15-509. Unauthorized disposal.
15-510. Hazardous materials.
15-511. Use of public property prohibited.
15-512. Entry on private property.
15-513. The collection of garbage, refuse and solid wastes.
15-514. Permits.
15-515. Contractor’s agents, etc.
15-516. Contractors’ refuse.
15-517. Service fees.
15-518. Duty to notify city.
15-519. Discontinuation of service.
15-520. Prohibited practices.
15-521. Penalties.
Article 6. Water Conservation
15-601. Purpose.
15-602. Definitions.
15-603. Declaration of a water watch.
15-604. Declaration of water warning.
15-605. Declaration of water emergency.
15-606. Voluntary conservation measures.
15-607. Mandatory conservation measures.
15-608. Emergency water rates.
15-609. Regulations.
15-610. Violations, disconnections and penalties.
15-611. Emergency termination.
CHAPTER 16. ZONING AND PLANNING
Article 1. City Planning Commission/Board of Zoning Appeals
16-101. Commission established.
16-102. Membership, terms, interest and compensation.
16-103. Meetings, officers and records.
16-104. Powers and duties.
16-105. Compensation.
16-106. Removal of members.
Article 2. Board of Zoning Appeals
16-201. Board created.
16-202. Vacancy.
16-203. Officers.
16-204. Rules and meetings.
16-205. Powers, duties.
16-206. Fee.
Article 3. Zoning Regulations
16-301. Zoning regulations incorporated.
16-302. Official maps.
16-303. Violations.
Article 4. Subdivision Regulations
16-401. Subdivision regulations incorporated.
16-402. Violations.
Article 5. Floodplain Management
16-501. Floodplain management ordinance incorporated.
APPENDIX A – CHARTER ORDINANCES
Charter Ordinance No. 1
Charter Ordinance No. 2
Charter Ordinance No. 3
Charter Ordinance No. 4
Charter Ordinance No. 5A
Charter Ordinance No. 5B
Charter Ordinance No. 6A
Charter Ordinance No. 6B
Charter Ordinance No. 7
Charter Ordinance No. 2017-1
Charter Ordinance No. 2020-1
APPENDIX B – FRANCHISES
Ordinance No. 685
Ordinance No. 722