CODE OF THE CITY OF THAYER, KANSAS
GOVERNING BODY AND OFFICIALS
PREFACE
ORDINANCE NO. 2018-01
CERTIFICATE OF THE CITY CLERK
COMPARATIVE TABLE OF ORDINANCES
TABLE OF CONTENTS
CHAPTER I. 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. Vacancies on the governing body; how filled.
Article 3. Officers And Employees
1-301. Appointment.
1-302. Employees.
1-303. Removal.
1-304. Vacancy in office.
1-305. City clerk.
1-306. Same; fiscal records.
1-307. Same; seal; oaths.
1-308. Same; withholding agent.
1-309. Assistant city clerk.
1-310. City treasurer.
1-311. City attorney.
1-312. City engineer.
1-313. Appointment or employment in more than one position.
1-314. Conflict of interest.
Article 4. Personnel Policy And Employee Benefits
1-401. Personnel policies and guidelines.
1-402. Employee benefit contribution fund.
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% for maintaining streets.
CHAPTER II. ANIMAL CONTROL AND REGULATION
Article 1. General Provisions
2-101. Definitions.
2-102. Animal control officer.
2-103. Same; capture/destruction.
2-104. Same; right of entry; unlawful interference.
2-105. Municipal pound established.
2-106. Breaking pound.
2-107. Cruelty to animals.
2-108. Same; exceptions.
2-109. Keeping animals.
2-110. Animal traps.
2-111. Nuisance; animal activities prohibited.
2-112. Noisy animals.
2-113. Animal confines; shelters.
2-114. Death of animals.
2-115. Vicious animals.
2-116. Running at large.
2-117. Impoundment; fee; notice; record.
2-118. Redemption of impounded animals.
2-119. Impoundment of rabies suspects.
2-120. Animals bitten by rabid animals.
2-121. Vehicular accidents involving animals.
2-122. Emergency; proclamation.
Article 2. Dogs
2-201. Registration and vaccination required; fee.
2-202. Reserved.
2-203. Reserved.
2-204. Evidence of vaccination.
2-205. Visiting dogs.
2-206. Running at large; fine.
2-207. Impoundment; record; notice; redemption; minimum fee.
2-208. Disposition of unclaimed dogs.
2-209. Confinement of dogs in heat.
2-210. Muzzling.
Article 3. Other Animals
2-301. Exotic animals.
CHAPTER III. 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. Definitions.
3-202. License Required of Retailers.
3-203. Application.
3-204. License Application Procedures.
3-205. License Granted; Denied.
3-206. License to be posted
3-207. License, Disqualification.
3-208. Restriction upon location.
3-209. License Fee.
3-210. Suspension of license.
3-211. License Suspension/Revocation by governing body.
3-212. Same; Appeal.
3-213. Change of location.
3-213. Wholesalers and/or distributors.
3-215. Business Regulations.
3-216. Prohibited conduct on premises.
3-217. Sanitary conditions required.
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. Temporary Permits
3-601. Permit required.
3-602. Permit fee.
3-603. City temporary permit.
3-604. Permit regulations.
CHAPTER IV. BUILDINGS AND CONSTRUCTION
Article 1. Moving Buildings
4-101. Building official; authority.
4-102. Permit required.
4-103. Same; application for permit.
4-104. Same; bond, insurance required.
4-105. Same; fee.
4-106. Route; duties of building official.
4-107. Notice to owners.
4-108. Duty of owners.
4-109. Interfering with poles; wires.
4-110. Display of lanterns.
CHAPTER V. 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.
5-112. Distribution of circulars, handbills, leaflets, pamphlets prohibited.
Article 2. Solicitors, Canvassers, Peddlers
5-201. Definitions.
5-202. License required.
5-203. Same; application required.
5-204. Issuance; county residents.
5-205. Same; investigation and issuance; non-county resident.
5-206. Same; investigation fee.
5-207. License fee; time limits; exemptions.
5-208. Renewal.
5-209. Denial, revocation or suspension of license; notice.
5-210. Appeal to governing body.
5-211. Regulations.
5-212. Use of streets and sidewalks.
5-213. Disturbing the peace.
Article 3. Fair Housing
5-301. Policy.
5-302. Definitions.
5-303. Discrimination in the sale or rental of housing.
5-304. Discrimination in the financing of housing.
5-305. Discrimination in the provision of brokerage services.
5-306. Interference, coercion, or intimidation.
5-307. Exemptions.
5-308. Administration.
5-309. Enforcement.
Article 4. Adult Oriented Businesses
5-401. Prohibitive conduct within the City of Thayer.
CHAPTER VI. 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 VII. 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 limits; exceptions.
7-202. Accumulation of rubbish and trash.
7-203. Stacking of hay or straw.
7-204. Keeping of packing materials.
7-205. Storage of ashes.
7-206. Filling gasoline tanks of motor vehicles.
7-207. Fire hazards generally.
7-208. Same; inspections to discover.
7-209. Abatement of fire hazards; issuing order.
7-210. Same; service of order; records.
Article 3. Fireworks
7-301. Fireworks defined.
7-302. Fireworks prohibited.
7-303. Same; exceptions; discharges.
7-304. Same; exception; sale of fireworks.
7-305. Approved fireworks; bottle rockets prohibited.
7-306. Discharge on streets and public property prohibited.
7-307. Throwing prohibited.
7-308. Sale of fireworks; where prohibited.
7-309. Retail display of fireworks.
7-310. Fire extinguishers required.
7-311. Restrictions as to gasoline installations.
7-312. Authority of fire chief.
CHAPTER VIII. 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.
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.
CHAPTER IX. 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 X. POLICE
Article 1. General Provisions
10-101. Police department.
10-102. Law enforcement personnel; general duties.
10-103. Rules and regulations.
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 XI. PUBLIC OFFENSES
Article 1. Uniform Offense Code
11-101. Incorporating uniform public offense code.
Article 2. Local Provisions
11-201. Curfew.
11-202. Property damage.
11-203. Disturbing the peace.
CHAPTER XII. PUBLIC PROPERTY
Article 1. City Parks
12-101. Purpose.
12-102. Injuring park and lake property.
12-103. Firearms.
12-104. No littering in parks or on any city property.
12-105. Sanitary uses.
12-106. Fires.
12-107. Dogs in parks.
12-108. Speed limit.
12-109. Camping.
12-110. No disorderly conduct.
12-111. Swimming prohibited.
12-112. Hunting.
12-113. Thayer Lake.
12-114. Fishing.
12-115. Boating.
12-116. Boating and fishing regulations.
12-117. Operating boat at operator’s risk.
12-118. Vehicles on grass in city parks.
12-119. Camping at lakes.
12-120. Riding or leading horses.
12-121. No intoxicants or drugs allowed.
12-122. Traffic laws.
12-123. Violation; penalty.
Article 2. Signs And Billboards
12-201. Authorization to erect signs or billboards.
12-202. Permits.
12-203. Violation and penalties.
CHAPTER XIII. 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.
13-216. Discharge of vegetation, dirt, waste, trash or other debris.
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 XIV. TRAFFIC
Article 1. Standard Traffic Ordinance
14-101. Incorporating standard traffic ordinance.
14-102. Traffic infractions and traffic offenses.
14-103. Penalty for scheduled fines.
Article 2. Local Traffic Regulations
14-201. Truck parking; parking of large vehicles prohibited.
14-202. Parking prohibited on Watermelon Road.
14-203. Careless driving.
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. ATVs
14-401. ATVs; where; when; exceptions.
14-402. ATVs within city limits.
14-403. Exemption.
CHAPTER XV. UTILITIES
Article 1. General Provisions
15-101. Definition.
15-102. Water service unit.
15-103. Applications for service.
15-104. New service applications.
15-105. Delinquent bills.
15-106. Relocation charge.
15-107. Authority to change rates, charge and regulations.
15-108. Cash deposit.
15-109. Delinquent accounts; refusal of service; termination of service; lien against property.
15-110. Landlord liability.
15-111. Liability of property owner, lien.
Article 2. Water
15-201. Superintendent of water and sewage.
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.
15-208. Curb cocks.
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. Disconnection, reconnection charge.
15-216. Utility deposit.
15-217. Interrupt service.
15-218. Prohibited acts.
15-219. Wasting water.
15-220. Right of access.
15-221. Rates.
15-222. Cross-connections prohibited.
15-223. Same; protective backflow devices required.
15-224. Same; inspection.
15-225. Same; protection from contaminants.
Article 3. Sewers
15-301. Definitions.
15-302. Rates.
15-303. Common sewer lines.
15-304. Payments due.
15-305. Sewer bills.
15-306. Hookup fee.
15-307. Caps on clean out pipes.
Article 4. Solid Waste
15-401. Definitions.
15-402. Duty of owner, occupant.
15-403. Residential containers.
15-404. Commercial Containers.
15-405. Miscellaneous Waste.
15-406. Distributing containers.
15-407. Improper containers.
15-408. Location of containers.
15-409. Enter private premise.
15-410. Frequency of collection.
15-411. Tree branches, limbs, tree trunks, stumps, barrels, rocks, dirt.
15-412. Periodic cleanup.
15-413. Service and disposition fees.
15-414. Request for new or additional service.
15-415. Billing.
15-416. Failure to pay bill.
15-417. Disposal fee.
15-418. Prohibited practices.
15-419. Adopt regulations.
15-420. Penalty.
Article 5. Water Conservation
15-501. Purpose.
15-502. Definitions.
15-503. Declaration of Water Watch.
15-504. Declaration of Water Warning.
15-505. Declaration of Water Emergency.
15-506. Voluntary Conservation Measures.
15-507. Mandatory Conservation Measures.
15-508. Emergency Water Rates.
15-509. Regulations.
15-510. Violations, disconnections and penalties.
15-511. Emergency termination.
CHAPTER XVI. ZONING AND PLANNING
Article 1. Reserved
16-101. Reserved.
APPENDIX A – CHARTER ORDINANCES
Charter Ordinance No. 234
Charter Ordinance No. 299
Charter Ordinance No. 315
Charter Ordinance No. 316
Charter Ordinance No. 322
Charter Ordinance No. 331
Charter Ordinance No. 335
Charter Ordinance No. 336
Charter Ordinance No. 342
Charter Ordinance No. 365
Charter Ordinance No. 403
Charter Ordinance No. 12
Charter Ordinance No. 13
APPENDIX B – FRANCHISES
Ordinance No. 267