[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.
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:
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.
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.
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.
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.
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.
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.
City. The words "the City" or "this City" shall mean the City of Parsons, in the County of Labette and the State of Kansas.
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."
Code. The term "Code" or "this Code" shall mean the Code of the City of Parsons as established and designated in § 1-1 above.
County. The term "county" or "this county" shall mean the County of Labette, Kansas.
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.
Governing body. The term "governing body" shall mean the Commission of the City of Parsons.
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.
K.S.A. The letters "K.S.A." shall mean the Kansas Statutes Annotated.
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.
May. The word "may" shall be construed as permissive and not as being mandatory.
Month. The word "month" shall mean a calendar month.
Number. Any word importing the singular number shall include the plural, and any word importing the plural number shall include the singular.
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."
Or; and. The word "or" may be read "and," and "and" may be read "or," if the sense requires it.
Parkings. The word "parkings" shall mean the area between the roadway and right-of-way line.
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."
Personal property. The words "personal property" include money, goods, chattels, evidences of debt and "things in action."
Preceding; following. The words "preceding" and "following" mean next before and next after, respectively.
Property. The word "property" includes personal property and real property.
Roadway. The word "roadway" shall mean that portion of a street improved, designed or ordinarily used for vehicular traffic.
Shall; must. The word "shall" shall be construed as being mandatory. The word "must" shall be construed as being mandatory.
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.
Signature or subscription. The word "signature" or "subscription" shall include a mark when a person cannot write.
State. The words "the state" or "this state" shall be construed to mean the State of Kansas.
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.
Tense. Words used in the past or present tense include the future as well as the past and present.
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.
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:
Section 4-101 of the Code of the City of Parsons, Kansas, 1963.
Article 4 of Chapter 4 of the Code of the City of Parsons, Kansas, 1963.
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.
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.
[Amended 5-4-1987 by Ord. No. 5443]
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.
Ordinance No. 4239, adopted on November 17, 1971.
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:
Any ordinance adopted subsequent to April 20, 2009.
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.
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.
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.
Any franchise, license, right, easement or privilege heretofore granted or conferred and any ordinance or part thereof granting the same.
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.
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.
Ordinances authorizing the purchase, sale, lease or transfer of property or any lawful contract or obligation.
The levy or imposition of taxes, assessments or charges.
The annexation or dedication of property or approval of preliminary or final subdivision plats.
Ordinances providing for local improvements or assessing taxes or special assessments therefor.
All currently effective ordinances pertaining to the duties and rate and manner of payment of salaries and compensation of officers and employees.
Any legislation relating to or establishing a pension plan or pension fund for municipal employees.
The Comprehensive Development Plan, specifically Ordinance No. 5955, and any amendments thereto.
The Subdivision Regulations, specifically Ordinance No. 5956, and any amendments thereto.
The Zoning Regulations and Zoning Map, specifically Ordinance No. 5957, and any amendments thereto.
Any charter ordinance.
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.
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.)
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.