[HISTORY: Adopted by the City Commission
of the City of Parsons as indicated in article histories. Amendments
noted where applicable.]
[Adopted 3-18-1985 by Ord. No. 5345 as
§§ 1-1, 1-6, 1-20 to 1-51 and 7-1 of the 1985 Code]
The ordinances embraced in this and the following
chapters and sections shall constitute and be designated the "Code
of the City of Parsons" and may be so cited.
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State law reference — Revision and codification
of ordinances, K.S.A. §§ 12-3014 to 12-3016.
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A.
Whenever in this Code or in any other ordinance of
the City or in any rule, regulation or order promulgated by any officer
or agency of the City under authority duly vested in him or it any
act is prohibited or is made or declared to be unlawful or an offense
or a misdemeanor, or the doing of any act is required, or the failure
to do any act is declared to be unlawful or an offense or a misdemeanor,
where no specific penalty is provided therefor, the violation of any
such provisions of this Code or any other ordinance of the City or
such rule, regulation or order shall be punished as indicated below:
(1)
If the violation is a Class A misdemeanor, it shall
be punished by a fine not exceeding $2,500 or by confinement in the
county jail for a definite term not exceeding one year, or by both
such fine and confinement.
(2)
If the violation is a Class B misdemeanor, it shall
be punished by a fine not exceeding $1,000 or by confinement in the
county jail for a definite term not exceeding six months, or by both
such fine and confinement.
(3)
If the violation is a Class C misdemeanor, it shall
be punished by a fine not exceeding $500 or by confinement in the
county jail for a definite term not exceeding one month, or by both
such fine and confinement.
B.
If any act or omission is declared to be a Class A, Class B or Class C misdemeanor, it shall be punishable as provided in Subsection A. In the absence of any penalty being specified, an offense shall be a Class C misdemeanor.
C.
Except as otherwise provided, every day any violation
of this Code or any other ordinance of the City or any rule, regulation
or order shall continue shall constitute a separate offense.
In the construction of this Code, and of all
ordinances and resolutions passed by the governing body, the rules
set out in this article shall be observed and the definitions prescribed
in this article shall apply, unless such construction would be inconsistent
with the manifest intent of the governing body.
A.
The provisions of this Code shall be liberally construed
to effect the purposes expressed therein or implied from the expressions
thereof. In case of doubt or ambiguity in the meaning of such provisions,
the general shall yield to the particular. Reference for interpretation
and construction shall tend to further the accomplishment of the elimination
of the particular mischiefs for which the provisions were enacted.
Words shall be construed according to the context and the approved
usage of the language, but technical words and phrases, and such others
as may have acquired a peculiar and appropriate meaning in law, shall
be construed according to such meaning.
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State law reference — Rules of statutory
construction, K.S.A. § 77-201.
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B.
Rules.
(1)
City. The words "the City" or "this City" shall mean
the City of Parsons, in the County of Labette and the State of Kansas.
(2)
City officers, departments, etc. Whenever reference
is made to an officer, department, commission or other agency, the
same shall be construed as if followed by the words "of the City of
Parsons, Kansas."
(3)
Code. The term "Code" or "this Code" shall mean the Code of the City of Parsons as established and designated in § 1-1 above.
(4)
County. The term "county" or "this county" shall mean
the County of Labette, Kansas.
(5)
Gender. A word importing the masculine gender only
shall extend and be applied to females and to firms, partnerships,
associations and corporations as well as to males.
(6)
Governing body. The term "governing body" shall mean
the Commission of the City of Parsons.
(7)
Joint authority. Words purporting to give authority
to three or more officers or other persons shall be construed as giving
such authority to a majority of such officers or other persons, unless
it is otherwise declared.
(8)
K.S.A. The letters "K.S.A." shall mean the Kansas
Statutes Annotated.
(9)
Land; real estate; real property. The word "land"
and the phrases "real estate" and "real property" include lands, tenements
and hereditaments and all rights thereto and interest therein, equitable
as well as legal.
(10)
May. The word "may" shall be construed as permissive
and not as being mandatory.
(11)
Month. The word "month" shall mean a calendar month.
(12)
Number. Any word importing the singular number shall
include the plural, and any word importing the plural number shall
include the singular.
(13)
Oath. The word "oath" shall be construed to include
an affirmation in all cases in which, by law, an affirmation may be
substituted for an oath, and in such cases the words "swear" and "sworn"
shall be equivalent to the words "affirm" and "affirmed."
(14)
Or; and. The word "or" may be read "and," and "and"
may be read "or," if the sense requires it.
(15)
Parkings. The word "parkings" shall mean the area
between the roadway and right-of-way line.
(16)
Person. The word "person" shall extend and be applied
to corporations, firms, partnerships and bodies politic and corporate
as well as to individuals. Such word shall also include unincorporated
clubs, sororities, fraternities, associations and organizations of
whatever name and nature. Where criminal prosecution may lie, the
officers of any corporation shall jointly and severally be subject
to prosecution as being included within the term "person."
(17)
Personal property. The words "personal property" include
money, goods, chattels, evidences of debt and "things in action."
(18)
Preceding; following. The words "preceding" and "following"
mean next before and next after, respectively.
(19)
Property. The word "property" includes personal property
and real property.
(20)
Roadway. The word "roadway" shall mean that portion
of a street improved, designed or ordinarily used for vehicular traffic.
(21)
Shall; must. The word "shall" shall be construed as
being mandatory. The word "must" shall be construed as being mandatory.
(22)
Sidewalk. The word "sidewalk" shall mean any portion
of the street between the curb or the lateral line of the roadway
and the adjacent property line intended for the use of pedestrians.
(23)
Signature or subscription. The word "signature" or
"subscription" shall include a mark when a person cannot write.
(24)
State. The words "the state" or "this state" shall
be construed to mean the State of Kansas.
(25)
Street or highway. The term "street" or "highway"
shall include any highway, alley, street, avenue or public place or
square, bridge, viaduct, underpass, overpass, tunnel and causeway
in the City dedicated or devoted to public use.
(26)
Tense. Words used in the past or present tense include
the future as well as the past and present.
(27)
Written or in writing. The term "written" or "in writing"
shall be construed to include any representation of words, letters
or figures, whether by printing or otherwise, except in those cases
where the written signature or mark of any person is required.
(28)
Year. The word "year" shall mean a calendar year.
The catchlines of the several sections of this
Code printed in boldface type are intended as mere catchwords to indicate
the contents of the section and, unless otherwise specifically provided,
they shall not be deemed or taken to be titles of such sections, nor
as any part of the section, nor, unless expressly so provided, shall
they be so deemed when any of such sections, including the catchlines,
are amended or reenacted.
The history notes appearing in brackets after
sections in this Code are not intended to have any legal effect but
are merely intended to indicate the source of matter contained in
the section.
Nothing in this Code or the ordinance adopting
this Code shall affect any of the following, and all such provisions
are hereby recognized as continuing in full force and effect to the
same extent as if set out at length in this Code:
A.
Section 4-101 of the Code of the City of Parsons,
Kansas, 1963.
B.
Article 4 of Chapter 4 of the Code of the City of
Parsons, Kansas, 1963.[1]
[1]
Editor's Note: Original § 7-1(3),
listing Ord. No. 4072, and (4), listing Ord. No. 4090, which immediately
followed this subsection, were deleted 7-20-2009 by Ord. No. 6189.
Ordinance Nos. 4072 and 4090 were repealed by Ord. No. 5361.
C.
Ordinance No. 4130, adopted on July 21, 1969, is amended
to change the amount of the surety bond for house movers from $25,000
to $5,000.[2]
[Amended 5-4-1987 by Ord. No. 5443]
[2]
Editor's Note: Ordinance No. 4130, as amended,
was repealed 8-2-2010 by Ord. No. 6211. Original § 7-1(6),
listing Ord. No. 4185, and (7), listing Ord. No. 4221, which immediately
followed this subsection, were deleted 7-20-2009 by Ord. No. 6189.
Ordinance Nos. 4185 and 4221 were repealed by Ord. No. 5360.
D.
Ordinance No. 4239, adopted on November 17, 1971.
E.
Ordinance No. 4282, adopted on June 15, 1972.
[Adopted 7-20-2009 by Ord. No. 6189]
Pursuant to the authority of and in conformity with K.S.A. §§ 12-3014 and 12-3015, the various chapters and sections of the 1985 Code of the City of Parsons and subsequent ordinances of the City of Parsons of a general and permanent nature adopted by the City Commission of the City of Parsons, as revised, codified and consolidated into chapters and sections by General Code, and consisting of Chapters 1 through 580, together with an Appendix, are hereby approved, adopted, ordained and enacted as the "Code of the City of Parsons," hereinafter referred to as the "Code."
This ordinance and the Code shall supersede all other general
and permanent ordinances enacted prior to the enactment of this Code,
except such ordinances as are hereinafter expressly saved from repeal
or continued in force.
The provisions of the Code, insofar as they are substantively
the same as those of the ordinances in force immediately prior to
the enactment of the Code by this ordinance, are intended as a continuation
of such ordinances and not as new enactments, and the effectiveness
of such provisions shall date from the date of adoption of the prior
ordinances.
In accordance with K.S.A. § 12-3015, at least three
copies of the Code shall be kept on file in the office of the City
Clerk and available for inspection by the public at all reasonable
business hours.
Any and all additions, deletions, amendments or supplements
to the Code, when adopted in such form as to indicate the intention
of the City Commission to make them a part thereof, shall be deemed
to be incorporated into such Code so that reference to the "Code of
the City of Parsons" shall be understood and intended to include such
additions, deletions, amendments or supplements. Whenever such additions,
deletions, amendments or supplements to the Code shall be adopted,
they shall thereafter be inserted in said Code as amendments and supplements
thereto.
The Clerk of the City of Parsons shall cause to be published,
in the manner required by law, a copy of this ordinance. Sufficient
copies of the Code shall be maintained in the office of the Clerk
for inspection by the public at all times during regular office hours.
The enactment and publication of this ordinance, coupled with the
availability of a copy of the Code for inspection by the public, shall
be deemed, held and considered to be due and legal publication of
all provisions of the Code for all purposes.
It shall be the duty of the City Clerk, or someone authorized
and directed by the Clerk, to keep up-to-date the certified copy of
the Code required to be filed in the Clerk's office for use by the
public. All changes in said Code and all ordinances adopted subsequent
to the effective date of this codification which shall be adopted
specifically as part of the Code shall, when finally adopted, be included
therein by reference until such changes or new ordinances are included
as supplements to said Code.
Copies of the Code, or any chapter or portion of it, may be
purchased from the Clerk or an authorized agent of the Clerk upon
the payment of a fee to be set by the City Commission. The Clerk may
also arrange for procedures for the periodic supplementation of the
Code.
It shall be unlawful for anyone to improperly change or amend, by additions or deletions, any part or portion of the Code or to alter or tamper with such Code in any manner whatsoever which will cause the law of the City of Parsons to be misrepresented thereby. Anyone violating this section or any part of this ordinance shall be subject, upon conviction, to a penalty as provided in § 1-2 of the Code.
Each section of the Code and every part of each section is an
independent section or part of a section, and the holding of any section
or a part thereof to be unconstitutional, void or ineffective for
any cause shall not be deemed to affect the validity or constitutionality
of any other sections or parts thereof. If any provision of this Code
or the application thereof to any person or circumstances is held
invalid, the remainder of this Code and the application of such provision
to other persons or circumstances shall not be affected thereby.
Each section of this ordinance is an independent section, and
the holding of any section or part thereof to be unconstitutional,
void or ineffective for any cause shall not be deemed to affect the
validity or constitutionality of any other sections or parts thereof.
All ordinances or parts of ordinances of a general and permanent
nature adopted and in force on the date of the adoption of this ordinance
and not contained in the Code are hereby repealed as of the effective
date of this ordinance, except as hereinafter provided. The repeal
provided for in this section shall not be construed to revive any
ordinance or part thereof that was repealed by an ordinance which
has been repealed by this ordinance.
The adoption of this Code and the repeal of ordinances provided for in § 1-19 of this ordinance shall not affect the following ordinances, rights and obligations, which are hereby expressly saved from repeal:
A.
Any ordinance adopted subsequent to April 20, 2009.
B.
Any right or liability established, accrued or incurred under any
legislative provision prior to the effective date of this ordinance
or any action or proceeding brought for the enforcement of such right
or liability.
C.
Any offense or act committed or done before the effective date of
this ordinance in violation of any legislative provision or any penalty,
punishment or forfeiture which may result therefrom.
D.
Any prosecution, indictment, action, suit or other proceeding pending
or any judgment rendered prior to the effective date of this ordinance
brought pursuant to any legislative provision.
E.
Any franchise, license, right, easement or privilege heretofore granted
or conferred and any ordinance or part thereof granting the same.
F.
Any ordinance providing for the laying out, opening, altering, widening,
relocating, straightening, establishing or changing grade, changing
name, improvement, acceptance or vacation of any right-of-way, easement,
street, road, highway, park or other public place or any portion thereof
or creating districts for public improvements of whatever kind or
nature.
G.
Any ordinance appropriating money or transferring funds, creating
specific funds, promising or guaranteeing the payment of money or
authorizing the issuance and delivery of any bond or other instruments
or evidence of the City's indebtedness.
H.
Ordinances authorizing the purchase, sale, lease or transfer of property
or any lawful contract or obligation.
I.
The levy or imposition of taxes, assessments or charges.
J.
The annexation or dedication of property or approval of preliminary
or final subdivision plats.
K.
Ordinances providing for local improvements or assessing taxes or
special assessments therefor.
L.
All currently effective ordinances pertaining to the duties and rate
and manner of payment of salaries and compensation of officers and
employees.
M.
Any legislation relating to or establishing a pension plan or pension
fund for municipal employees.
N.
The Comprehensive Development Plan, specifically Ordinance No. 5955,
and any amendments thereto.
O.
The Subdivision Regulations, specifically Ordinance No. 5956, and
any amendments thereto.
P.
The Zoning Regulations and Zoning Map, specifically Ordinance No.
5957, and any amendments thereto.
Q.
Any charter ordinance.
A.
In compiling and preparing the ordinances for publication as the Code of the City of Parsons, no changes in the meaning or intent of such ordinances have been made, except as provided for in Subsections B and C hereof. Certain grammatical changes and other minor nonsubstantive changes were made in one or more of said pieces of legislation. It is the intention of the City Commission that all such changes be adopted as part of the Code as if the ordinances had been previously formally amended to read as such.
C.
In addition, the amendments and/or additions as set forth in Schedule
A attached hereto and made a part hereof are made herewith, to become
effective upon the effective date of this ordinance. (Chapter and
section number references are to the ordinances as they have been
renumbered and appear in the Code.)[1]
[1]
Editor’s Note: In accordance with § 1-21C, the chapters, parts and sections which were added, amended, adopted or deleted by this ordinance are indicated throughout the Code by a footnote referring to Ch. 1, General Provisions, Art. II. During routine supplementation, footnotes indicating amendments, additions or deletions will be replaced with the following history: “Amended (added, deleted) 7-20-2009 by Ord. No. 6189." Schedule A, which contains a complete description of all changes, is on file in the City offices.
This ordinance shall take effect upon passage and publication
as required by law.
