Chapter 1.5
GENERAL PROVISIONS
Sections:
1.5.05 Catchlines of sections.
1.5.06 Parenthetical and reference matter.
1.5.09 Ordinances – Subject and title – Amendment.
1.5.10 Ordinances – Publication.
1.5.11 Ordinances – Ordinance book.
1.5.13 Procedure for passing ordinances or resolutions.
1.5.01 Code designated.
The chapters, articles and sections herein shall constitute and be designated as “the code of the City of Baxter Springs, Kansas,” and may be so cited. The code may also be cited as the “Baxter Springs City Code.” (Code 1996 § 1-101)
1.5.02 Definitions.
In the construction of this code and of all ordinances of the city, the following definitions and rules shall be observed, unless such construction would be inconsistent with the manifest intent of the governing body or the context clearly requires otherwise:
“City” shall mean the City of Baxter Springs, Kansas.
“Code” shall mean the code of the City of Baxter Springs, Kansas.
Computation of Time. The time within which an act is to be done shall be computed by excluding the first and including the last day; and if the last day be a Saturday, Sunday, or legal holiday, that day shall be excluded.
“County” means the county of Cherokee in the state of Kansas.
Delegation of Authority. Whenever a provision appears requiring or authorizing the head of a department or officer of the city to do some act or perform some duty, it shall be construed to authorize such department head or officer to designate, delegate and authorize subordinates to do the required act or perform the required duty unless the terms of the provision designate otherwise.
Gender. Words importing the masculine gender include the feminine and neuter.
“Governing body” shall be construed to mean the mayor and city council of the city, or those persons appointed to fill a vacancy in the office of mayor or the city council as provided in this code.
“In the city” shall mean and include all territory over which the city now has, or shall hereafter acquire, jurisdiction for the exercise of its police powers or other regulatory powers.
Joint Authority. All words giving a joint authority to three or more persons or officers shall be construed as giving such authority to a majority of such persons or officers.
“Month” shall mean a calendar month.
Number. Words used in the singular include the plural and words used in the plural include the singular.
“Oath” includes an affirmation in all cases in which, by law, an affirmation may be substituted for an oath, and in such cases the word “swear” is equivalent to the word “affirm.”
Officers, Departments, Etc. Officers, departments, boards, commissions and employees referred to in this code shall mean officers, departments, boards, commissions and employees of the city, unless the context clearly indicates otherwise.
“Owner” applied to a building or land shall include not only the owner of the whole but any part owner, joint owner, tenant in common or joint tenant of the whole or a part of such building or land.
“Person” includes a firm, partnership, association of persons, corporation, organization or any other group acting as a unit, as well as an individual.
“Property” includes real, personal and mixed property.
“Real property” includes lands, tenements and hereditaments, and all rights thereto and interest therein, equitable as well as legal.
Shall, May. “Shall” is mandatory and “may” is permissive.
“Sidewalk” means any portion of a street between the curb line and the adjacent property line intended for the use of pedestrians.
“Signature” or “subscription” includes a mark when the person cannot write, when his or her name is written near such mark and is witnessed by a person who writes his or her own name as a witness.
“State” shall be construed to mean the state of Kansas.
“Street” means and includes public streets, avenues, boulevards, highways, roads, alleys, lanes, viaducts, bridges and the approaches thereto and all other public thoroughfares in the city.
“Tenant” or “occupant,” applied to a building or land, shall include any person holding a written or oral lease of, or who occupies the whole or a part of, such building or land, whether alone or with others.
Tenses. Words used in the past or present tense include the future as well as the past and present.
“Writing” or “written” may include printing, engraving, lithography and any other mode of representing words and letters, except those cases where the written signature or the mark of any person is required by law.
“Year” means a calendar year, except where otherwise provided. (Code 1996 § 1-102)
1.5.03 Existing ordinances.
The provisions appearing in this code, so far as they are in substance the same as those of ordinances existing at the time of the effective date of this code, shall be considered as continuations thereof and not as new enactments. (Code 1996 § 1-103)
1.5.04 Effect of repeal.
The repeal of an ordinance shall not revive an ordinance previously repealed, nor shall such repeal affect any right which has accrued, any duty imposed, any penalty incurred or any proceeding commenced under or by virtue of the ordinance repealed, except as shall be expressly stated therein. (Code 1996 § 1-104)
1.5.05 Catchlines of sections.
The catchlines of the sections of this code are intended as mere catchwords to indicate the contents of the section and shall not be deemed or taken to be titles of such sections, nor as any part of any section, nor, unless expressly so provided, shall they be so deemed when any section, including its catchline, is amended or reenacted. (Code 1996 § 1-105)
1.5.06 Parenthetical and reference matter.
The matter in parentheses at the ends of sections is for information only and is not a part of the code. Citations indicate only the source and the text may or may not be changed by this code. This code is a new enactment under the provisions of K.S.A. 12-3014 and 12-3015. Reference matter not in parentheses is for information only and is not a part of this code. (Code 1996 § 1-106)
1.5.07 Amendments – Repeal.
Any portion of this code may be amended by specific reference to the section number as follows: “Section ______ of the code of the City of Baxter Springs is hereby amended to read as follows: (the new provisions shall then be set out in full) ...” A new section not heretofore existing in the code may be added as follows: “The code of the City of Baxter Springs is hereby amended by adding a section (or article or chapter) which reads as follows: (the new provisions shall be set out in full) ... ” All sections, or articles, or chapters to be repealed shall be repealed by specific reference as follows: “Section (or article or chapter) ______ of the code of the City of Baxter Springs is hereby repealed.” (Code 1996 § 1-107)
1.5.08 Ordinances.
The governing body shall have the care, management and control of the city and its finances, and shall pass all ordinances needed for the welfare of the city. All ordinances shall be valid when a majority of all the members-elect of the city council shall vote in favor. Where the number of favorable votes is one less than required, the mayor shall have power to cast the deciding vote in favor of the ordinance. (K.S.A. 12-3002. Code 1996 § 1-108)
1.5.09 Ordinances – Subject and title – Amendment.
No ordinance shall contain more than one subject, which shall be clearly expressed in its title; and no section or sections of an ordinance shall be amended unless the amending ordinance contains the entire section or sections as amended and the section or sections amended shall be repealed. (K.S.A. 12-3004. Code 1996 § 1-109)
1.5.10 Ordinances – Publication.
No ordinance, except those appropriating money, shall be in force until published in the official city newspaper by the city clerk. One publication of any such ordinance shall be sufficient unless additional publications are required by statute or ordinance. The publisher of the newspaper shall prefix such published ordinance by a line in brackets stating the month, day and year of such publication. (K.S.A. 12-3007. Code 1996 § 1-110)
1.5.11 Ordinances – Ordinance book.
Following final passage and approval of each ordinance, the city clerk shall enter the same in the ordinance book of the city as provided by law. (K.S.A. 12-3008. Code 1996 § 1-111)
1.5.12 Resolutions, motions.
Except where a state statute or city ordinance specifically requires otherwise, all resolutions and motions shall be passed if voted upon favorably by a majority of a quorum of the city council. (Code 1996 § 1-112)
1.5.13 Procedure for passing ordinances or resolutions.
(a) Form. Any proposed ordinances or resolutions shall be introduced to the council only in written or printed form.
(b) Procedure. Except in the case of emergency ordinances or resolutions, and except where Kansas Statutes or other applicable law provide a different procedure for passage of ordinances or resolutions for a specific purpose, every proposed ordinance or resolution shall be read by title in open council meeting two times before final passage, and at least one week shall elapse between introduction and final passage. A copy of each proposed ordinance or resolution shall be provided for each councilmember and the mayor at the time of its introduction, and at least three copies shall be provided for public inspection in the office of the city clerk or such other city officer as the council may designate, until it is finally adopted or fails adoption.
(c) Emergency. An ordinance or resolution may be passed as an emergency measure on the day of its introduction if it contains a declaration describing in clear and specific terms the facts and reasons constituting the emergency. Neither an ordinance or resolution granting, reviewing, or extending a franchise, nor a charter ordinance, shall be passed as an emergency measure.
(d) Publication. The city clerk or such other city officer as the council may designate shall cause all ordinances or resolutions, including but not limited to emergency ordinances, as soon as practicable after they have been passed and signed, to be published once in the official city newspaper, unless Kansas Statutes or other applicable law require more publications.
(e) Effective Date. Except in the case of emergency ordinances or resolutions, and except where Kansas Statutes otherwise specify, every adopted ordinance or resolution shall become effective upon its publication or at any later date specified therein. Emergency ordinances shall become effective upon passage or at any later date specified therein. (Ord. 789 §§ 1 – 5)
1.5.14 City records.
The city clerk or any other officer or employee having custody of city records and documents shall maintain such records and documents in accordance with K.S.A. 12-120 to 12-121 inclusive, which is incorporated by reference herein as if set out in full. (K.S.A. 12-120:121. Code 1996 § 1-113)
1.5.15 Altering code.
It shall be unlawful for any person, firm or corporation to change or amend, by additions or deletions, any part or portion of this code, or to insert or delete pages, or portions thereof, or to alter or tamper with such code in any manner whatsoever which will cause the law of the City of Baxter Springs to be misrepresented thereby. This restriction shall not apply to amendments or revisions of this code authorized by ordinance duly adopted by the governing body. (Code 1996 § 1-114)
1.5.16 Scope of application.
Any person convicted of doing any of the acts or things prohibited, made unlawful, or the failing to do any of the things commanded to be done, as specified and set forth in this code, shall be deemed in violation of this code and punished in accordance with BSMC 1.5.17. Each day any violation of this code continues shall constitute a separate offense. (Code 1996 § 1-115)
1.5.17 General penalty.
Whenever any offense is declared by any provision of this code, absent a specific or unique punishment prescribed, the offender shall be punished in accordance with this section.
(a) A fine of not more than $1,000; or
(b) Imprisonment in jail for not more than 179 days; or
(c) Both such fine and imprisonment not to exceed subsections (a) and (b) of this section. (Code 1996 § 1-116)
1.5.18 Severability.
If for any reason any chapter, article, section, subsection, sentence, clause or phrase of this code or the application thereof to any person or circumstance is declared to be unconstitutional or invalid or unenforceable, such decision shall not affect the validity of the remaining portions of this code. (Code 1996 § 1-117)