Chapter 1.10


1.10.010    Designation and citation of code.

1.10.020    Definitions and rules of construction.

1.10.030    Catchlines or headings of sections.

1.10.040    Parenthetical and reference matter.

1.10.050    Amendments to code.

1.10.060    Supplementation of code.

1.10.070    General penalty – Continuing violations.

1.10.080    Severability of parts of code.

1.10.090    Miscellaneous ordinances not affected by code.

1.10.100    Provisions considered as continuation of existing ordinances.

1.10.110    Code does not affect prior offenses, rights, etc.

1.10.010 Designation and citation of code.

The ordinances embraced in the following chapters, articles and sections shall constitute and be designated as “the code of the city of Topeka, Kansas” and may be so cited. (Code 1981 § 1-1. Code 1995 § 1-1.)

    State Law References: Compilation, revision and codification of ordinances, K.S.A. 12-301412-3016.

1.10.020 Definitions and rules of construction.

In the construction of this code and of all ordinances and resolutions passed by the city council, the rules set out in this section shall be observed and the definitions prescribed in this section shall apply, unless such construction would be inconsistent with the manifest intent of the city council.

Advisory Board of Health. The words “advisory board of health” shall mean the city-county advisory board of health.

Bond. When a bond is required, an undertaking in writing shall be sufficient.

City. The words “the city” or “this city” shall mean the city of Topeka, in the county of Shawnee, in the state of Kansas.

City Officers, Departments, Etc. Whenever reference is made to an officer, department, council or other agency, the same shall be construed as if followed by the words “of the city of Topeka, Kansas.”

Code. The term “code” or “this code” shall mean the code of the city of Topeka.

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 is Sunday, that day shall be excluded.

County. The words “the county” mean the county of Shawnee, in the state of Kansas.

Gender. Words importing the masculine gender include the feminine and neuter.

Governing Body. The words “governing body” mean the mayor and city council of the city.

Health Agency. The words “health agency” shall mean the Topeka-Shawnee County health agency.

Health Officer. The words “health officer” shall mean the director of the Topeka-Shawnee County health agency.

In the City. The words “in the city” mean and include any territory within the corporate limits of the city of Topeka, Kansas, and the police jurisdiction thereof, and any other territory over which regulatory power has been conferred on the city by general or special act, except as otherwise specified.

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.

K.S.A. The abbreviation “K.S.A.” shall mean the Kansas Statutes Annotated, as amended.

Number. Words used in the singular include the plural, and words used in the plural include the singular.

Oath. The word “oath” includes 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” are equivalent to the words “affirm” and “affirmed.”

Or, And. The word “or” may be read as “and,” and the word “and” as “or,” where the sense requires it.

Owner. The word “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.

Parkings. The word “parkings” or “parking” shall mean the area between the roadway and right-of-way line.

Person. The word “person” includes a firm, partnership, association of persons, corporation, organization or any other group acting as a unit, as well as an individual.

Personal Property. The words “personal property” include every species of property, except real property.

Preceding, Following. The words “preceding” and “following” mean next before and next after, respectively.

Property. The word “property” includes real, personal and mixed property.

Real Property. The words “real property” include lands, tenements and hereditaments.

Sidewalk. The word “sidewalk” means any portion of a street between the curbline and the adjacent property line intended for the use of pedestrians.

State. The words “the state” or “this state” mean the state of Kansas.

Street. The word “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, Occupant. The words “tenant” and “occupant,” applied to a building or land, mean any person who occupies the whole or a part of such building or land, whether alone or with others.

Writing, Written. The words “writing” and “written” include typewriting, printing on paper and any other mode of representing words and letters. (Code 1981 § 1-23. Code 1995 § 1-2.)

1.10.030 Catchlines or headings of sections.

The catchlines or headings of the sections of this code printed in boldface type are intended as mere words to indicate the contents of the sections 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 1981 § 1-26. Code 1995 § 1-3.)

1.10.040 Parenthetical and reference matter.

The matter in parentheses at the ends of sections is not a part of the code but is designed to show the source and legislative history, and the text may or may not be changed by this code. Reference matter not in parentheses is for information only and is not a part of the code. (Code 1981 § 1-25. Code 1995 § 1-4.)

1.10.050 Amendments to code.

(a) Amendments to any of the provisions of this code shall be made by amending such provisions by specific reference to the section number of this code in the following language: “That section ________ of The Code of the City of Topeka, Kansas, is hereby amended to read as follows: ....” The section, as amended, shall then be set out in full.

(b) If a new section not then existing in the code is to be added, the following language shall be used: “That The Code of the City of Topeka, Kansas, is hereby amended by adding a section, to be numbered ________, which said section reads as follows: ....” The new section shall then be set out in full.

(c) A section of this code shall be repealed by the repealing ordinance in language substantially as follows: “That section ________ of The Code of the City of Topeka, Kansas, is hereby repealed.” (Code 1981 § 1-3. Code 1995 § 1-5.)

    State Law References: Amendments to looseleaf codes, K.S.A. 12-3015.

1.10.060 Supplementation of code.

(a) By contract or by city personnel, supplements to this code shall be prepared and printed whenever authorized or directed by the city council. A supplement to the code shall include all substantive permanent and general parts of ordinances passed by the council or adopted by initiative and referendum during the period covered by the supplement and all changes made thereby in the code. The pages of a supplement shall be so numbered that they will fit properly into the code and will, where necessary, replace pages which have become obsolete or partially obsolete, and the new pages shall be so prepared that, when they have been inserted, the code will be current through the date of adoption of the latest ordinance included in the supplement.

(b) In preparing a supplement to this code, all portions of the code which have been repealed shall be excluded from the code by the omission thereof from reprinted pages.

(c) When preparing a supplement to this code, the codifier (meaning the person authorized to prepare the supplement) may make formal, nonsubstantive changes in ordinances and parts of ordinances included in the supplement, insofar as it is necessary to do so to embody them into a unified code. For example, the codifier may:

(1) Organize the ordinance material into appropriate subdivisions;

(2) Provide appropriate catchlines, headings and titles for sections and other subdivisions of the code printed in the supplement, and make changes in such catchlines, headings and titles;

(3) Assign appropriate numbers to sections and other subdivisions to be inserted in the code and, where necessary to accommodate new material, change existing section or other subdivision numbers;

(4) Change the words “this ordinance” or words of the same meaning to “this title,” “this division,” “this chapter,” “this article,” etc., as the case may be, or to “TMC ________ to ________” (inserting section numbers to indicate the sections of the code which embody the substantive sections of the ordinance incorporated into the code); and

(5) Make other nonsubstantive changes necessary to preserve the original meaning of ordinance sections inserted into the code; but in no case shall the codifier make any change in the meaning or effect of ordinance material included in the supplement or already embodied in the code. (Code 1981 § 1-4. Code 1995 § 1-6.)

1.10.070 General penalty – Continuing violations.

(a) The doing of any of the acts or things prohibited, made unlawful or a misdemeanor, or the failing to do any of the things commanded to be done, as specified and set forth in this code or in any rules and regulations adopted pursuant to this code, within the jurisdictional limits of the city, shall be deemed an offense against the good order, public peace, morals, health, proper government and welfare of the city.

(b) 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:

(1) Fine. A fine of not less than $1.00 or more than $499.00; or

(2) Imprisonment. Imprisonment in the city jail for not more than 179 days; or

(3) Both Fine and Imprisonment. Both fine and imprisonment not to exceed subsections (b)(1) and (2) of this section.

(c) Each day any violation of this code continues shall constitute a separate offense.

(d) Any person convicted of violating any of the duties set forth in subsection (a) of this section shall be deemed guilty of a misdemeanor and punished in accordance with subsection (b) of this section. (Code 1981 § 1-5. Code 1995 § 1-7.)

    Cross References: Court costs and fees, TMC 2.110.010.

1.10.080 Severability of parts of code.

If for any reason any title, chapter, article, section, subsection, sentence, clause or phrase of this code, or the application thereof to any person or circumstances, is declared to be unconstitutional or invalid, such decision shall not affect the validity of any remaining title, chapter, article, section, subsection, sentence, clause or phrase of this code. (Code 1981 § 1-28. Code 1995 § 1-8.)

1.10.090 Miscellaneous ordinances not affected by code.

Nothing in this code or in the ordinance adopting this code shall be deemed to affect the validity of any of the following when not inconsistent with this code:

(a) Charter ordinances or ordinances published in Appendix A to this code;

(b) Ordinances relating to the purchase and condemnation or appropriation of property for public use;

(c) Ordinances providing for the opening, dedicating, widening, vacating or narrowing of streets, avenues, alleys and boulevards;

(d) Ordinances establishing or changing grades of streets, avenues, alleys and boulevards;

(e) Ordinances naming or changing the names of streets, avenues and boulevards;

(f) Ordinances authorizing or directing public improvements to be made;

(g) Ordinances creating districts for public improvements of whatsoever kind or nature;

(h) Ordinances levying general taxes;

(i) Ordinances levying special assessments or taxes;

(j) Ordinances granting any rights, privileges, easements or franchises therein mentioned to any person;

(k) Ordinances authorizing the issuance of bonds and other instruments of indebtedness by the city;

(l) Ordinances authorizing contracts or contractual services;

(m) Ordinances establishing or changing the limits of the city, or pertaining to consolidations or annexations;

(n) Ordinances relating to the compensation of officials, officers and employees of the city;

(o) Ordinances amending the district map showing zoning within the city;

(p) Any ordinance pertaining to zoning;

provided, that the above enumeration of exceptions shall not be held or deemed to be exclusive, it being the purpose and intention to exempt from repeal any and all ordinances not of a general nature and general ordinances specifically excepted by this section. (Code 1981 § 1-2. Code 1995 § 1-9.)

1.10.100 Provisions considered as continuation of existing ordinances.

The provisions appearing in this code, as far as they are the same as those of the ordinances existing at the time of the adoption of this code, shall be considered as a continuation thereof and not as new enactments. (Code 1981 § 1-24. Code 1995 § 1-10.)

1.10.110 Code does not affect prior offenses, rights, etc.

Nothing in this code or in the ordinance adopting this code shall affect any offense or act committed or done, or any penalty or forfeiture incurred, or any contract or right established or accruing, before the effective date of this code. (Code 1981 § 1-27. Code 1995 § 1-11.)